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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, June 1, 1998

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, June 1, 1998 at the hour of 7:30 o'clock p.m. with President Hagness 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.

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

APPROVE MINUTES FOR DECEMBER 1, 1997,
MARCH 31, 1998 AND APRIL 20, 1998

Typewritten copies of the minutes of the regular, special and adjourned meetings of the city council held on Monday, December 1, 1997, Tuesday, March 31, 1998 and Monday, April 20, 1998 were presented and read. It was moved by Council Member Hafner and seconded by Council Member Glassheim that these minutes be approved as read. Carried 14 votes affirmative.

ADD ITEMS TO AGENDA UNDER NEW BUSINESS

The city auditor reported that there will be two new items listed on the agenda under New Business: 1) matter of DDC request for redevelopment of burned out one-half block, and from Flood Response 2) the structure purchase only in Phase II area. It was moved by Council Member Bouley and seconded by Council Member Babinchak to add these items to the agenda. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3714 TO AMEND THE ZONING
MAP TO INCLUDE WITHIN KANNOWSKI PUD CONCEPT
DEVELOPMENT PLAN, ALL OF SECTION 28, T151N
R50W OF 5TH P.M., LESS NE QUARTER NE QUARTER
THEREOF

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the Kannowski PUD (Planned Unit Development), Concept Development Plan, all of Section 28, Township 151 North of Range 50 West of the 5th Principal Meridian less the Northeast Quarter of the Northeast Quarter thereof, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 4, 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.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter.
Dennis Potter, city planner, reported that this is one more step in the process to approve and ultimately build the golf course housing project in the southern part of the city, the Planning Commission considered this item on May 20 and recommended approval subject to the conditions that are contained in the agenda packet.

The Planning and Zoning Commission reported having considered the matter of the request from John Staley on behalf of the Grand Forks Park District 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 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map. The motion for approval was made by Council Members Hafner and Carpenter.

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

ADOPT ORDINANCE NO. 3715, TO ANNEX ALL OF
PERKINS 4TH ADDITION, LESS PREVIOUSLY ANNEXED
AREA

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 had been introduced and passed on its first reading on May 18, 1998, was presented and read for consideration on second reading and final passage.

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

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

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

APPROVE ASSESSMENTS, SNOW REMOVAL PROJECT
NO. 4731

The city auditor presented and read the assessments as certified to him by the superintendent of streets on Snow Removal Project No. 4731 in the amount of $2,425.00, and reported that the legal notice to the public that these assessments would be presented to the city council this evening had been published as required, and further that no protests or grievances had been filed with his office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Bakken and seconded by Council Member Babinchak to declare an insufficiency of protest. Carried 14 votes affirmative.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed and that they be levied against the property benefited in one annual installment to be collected with other taxes by the proper authorities. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

SET PUBLIC HEARING ON PETITION TO VACATE
ALL OF ALLEY LYING IN BLOCK 27, TOWN OF
GRAND FORKS, EXCEPT CERTAIN LOTS

The city auditor presented matter to set public hearing on petition to vacate all of alley lying in Block 27, Town of Grand Forks, except that portion of alley lying adjacent to Lots 1 through 6, inclusive, for corporate center parking ramp and stated they need a motion to set the hearing for July 6.

It was moved by Council Member Hamerlik and seconded by Council Member Klave to set the public hearing on the vacation of this alley for July 6, 1998. Carried 14 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 1719 2ND AVENUE NORTH FOLLOWING
PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by John Bredemeier to move building from 125 Polk Street to 1719 2nd Avenue North to be used as a garage had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the application for moving permit by John Bredemeier to move building from 125 Polk Street to 1719 2nd Avenue North for double garage, and recommended to approve application for moving permit subject to the public hearing.

It was moved by Council Member Hafner and seconded by Council Member Lucke that this recommendation be and is hereby approved and further that Mr. Bredemeier be authorized to move the building. Carried 14 votes affirmative.


APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 801 CHESTNUT STREET FOLLOWING
PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Lana Stallard to move
building from 124 Lincoln Drive to 801 Chestnut Street to be used as a garage had been published and
posted as required.

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

Committee No. 3, Public Service, reported having considered the application for moving permit by Lana Stallard to move building from 124 Lincoln Drive to 801 Chestnut Street for garage, and recommended to approve application for moving permit subject to the public hearing.

It was moved by Council Member Hafner and seconded by Council Member Lucke that this recommendation be and is hereby approved and further that Ms. Stallard be authorized to move the building. Carried 14 votes affirmative.

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, May 14, 1998, that notice had been published as required and that the following appeals were heard: 1) Brenda Jobe, 823 Walnut Street, request for variance to the side yard setback requirements to erect an attached garage, and variance approved to allow two ft. of side yard setback to construct an attached garage if the roof drainage is directed towards 9th Avenue North; 2) John LaDuke, 516 39th Avenue South, request for variance to the side yard setback requirements to erect an addition to the attached garage, variance approved to allow four ft. of side yard setback to construct an addition to the attached garage; 3) Paul Wallin, 1411 Chestnut Street, request for variance to the side yard setback requirements to erect an attached garage, variance approved to allow three ft. of side yard setback to construct an attached garage; 4) Jim Anderson, 3124 Chestnut Street, request for variance to the side yard setback requirements to erect an addition to the attached garage, variance approved to allow three ft. of side yard setback to construct an addition to the attached garage; 5) the Grand Forks Public Health Department on behalf of the City of Grand Forks, 1405 1st Avenue North, request for variance to the front yard setback, second front yard setback and yard requirements to erect an addition to the building, variance approved to allow eight ft. of front yard setback, seven ft. of second front yard setback and sixteen ft, in each direction from the point of intersection, for clearance visibility on a corner, to construct an Addition to the storage building; 6) Wally Rodgers, 2498 South 35th Street, request for variance to the yard requirements to erect a deck, variance denied; and 7) Kermit Hammonds, 1402 4th Avenue North, request for variance to the front yard setback requirements to erect a detached garage, variance approved to allow five ft. of second front yard setback to construct a detached garage.

It was moved by Council Member Sande and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS
Vendor Payment Listing No. 98-09, dated June 1, 1998 and totaling $1,925,835.37, all having been audited by the city auditor for payment, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried and the bills ordered paid.

APPROVE REQUEST FOR UNPAID LEAVE OF ABSENCE

Committee No. 1, Finance, reported having considered the request by employee, Theresa Knox, for unpaid leave of absence from September 1, 1998 to August 31, 1999 to attend University of Minnesota, and recommended to approve the request.

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.

APPROVE REPLACEMENT OF TRUCK-MOUNTED CRANE
TO LUNSETH'S PLUMBING & HEATING COMPANY

Committee No. 1, Finance, reported having considered the matter of replacement of one 12 1/2 ton National 556B truck-mounted crane, and recommended that we reimburse Lunseth's Plumbing & Heating for he truck and crane and authorize payment in an amount not to exceed $61,000 and other appropriate costs, that the city attorney draft legal documents, and that we authorize transfer of funds from the General Fund 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 vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

APPROVE UNDERWRITER FOR CORPORATE CENTER
BOND ISSUE

Committee No. 1, Finance, reported having considered the matter of underwriter for corporate center bond issue, and recommended to accept proposal of Dain Rauscher as underwriter for the corporate center.

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


DENY REQUEST FROM PRICE KING RENT-A-CAR
FOR SIX-MONTH CLOSURE OF SIDEWALK

Committee No. 2, Public Safety, reported having considered the request from Price King Rent-a-Car, 301 Gateway Drive, re. parking problem, and for six-month closure of sidewalk contingent upon Price King signing hold harmless agreement and Agreeing to repair berm and sidewalk areas if damaged, and recommended to deny request.

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

APPROVE REQUEST TO BUILD OUTDOOR DECK ADJ.
TO EXISTING RESTAURANT AT PLAYERS

Committee No. 2, Public Safety, reported having considered the matter of request from Players to build outdoor deck to existing restaurant to provide extra dining And seating, And to utilize their liquor license on this deck, and recommended to approve request and allow utilization of liquor license on the outdoor deck.

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

APPROVE REQUEST FROM MOLSTAD EXCAVATING,
INC. TO CLOSE PORTION OF 17TH AVENUE SOUTH
DURING CONSTRUCTION OF WATERMAIN

Committee No. 2, Public Safety, reported having considered the request from Molstad Excavating, Inc. for closing of portion of 17th Avenue South during construction of watermain on 17th Avenue South from Lynwood Circle to Industrial Park, Project No. 4708, and recommended to approve request from Molstad Excavating to close street from Lynwood Drive to 42nd Street as requested.

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

APPROVE BUDGET AMENDMENTS

A request for budget amendment from the Grand Forks Municipal Court to transfer $1,879.00 to purchase printer was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this budget amendment be approved. Carried 14 votes affirmative.

A request for budget amendment from Fire Department to transfer $1,000 to reimburse training fund for training supplies received, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this budget amendment be approved. Carried 14 votes affirmative.

A request for budget amendment from the Health Department to transfer $2,483.00 to reflect unanticipated Children's Service Coordinating Committee Revenue to cover expected expenditures, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this budget amendment be approved. Carried 14 votes affirmative.

A request for budget transfer from the Health Department to transfer $1,350.00 to reflect income from Food Service Class And Pool Class, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this budget amendment be approved. Carried 14 votes affirmative.

APPROVE APPLICATION FOR CARNIVAL

Committee No. 2, Public Safety, reported having considered the application for carnival by Greater Grand Forks Fair & Exhibition July 10 through July 19, 1998, and recommended approval of the application contingent upon approval by the various departments.

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

CONSIDER MATTER OF SUBSTANDARD BUILDINGS

Committee No. 2, Public Safety, reported having considered the matter of substandard building, blighted structures and public health hazards/threats, and recommended that health department meet with fire and inspection departments, draft a letter to potential property owners and notify by mail asking for access to their property.

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

APPROVE VARIANCE TO DRIVEWAY FOR SIMPLOT'S
SATELLITE DISTRIBUTION FACILITY

Committee No. 3, Public Service, reported having considered the matter of request by Simplot for variance to driveway (satellite distribution facility), maximum allowable width of roadway approach, and recommended to allow a maximum width of 83 ft. at roadway entrance on westerly side And 100 ft. on the easterly approach, so that the trucks not pulling out into the wrong lanes of traffic flow as accessing and leaving the property.

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

REFER REQUEST BY MECHANICAL CONTRACTORS
RE. UNPAID MECHANICAL PERMITS BACK TO
COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of request by mechanical contractors re. unpaid mechanical permits, and recommended that they charge the $15.00 issuance permit fee and waive the $15.00 inspection fee.

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

Council Members Hafner and Klave asked that this matter be referred back to committee for further information and discussion.

ACCEPT CONCEPT FOR STREET DEPARTMENT TO
PURCHASE VEHICLES FROM SOLID WASTE DEPARTMENT
AND REFER TO BUDGET FRAMEWORK COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of request from Street Department for trucks, and recommended to accept concept for Street Department to purchase three Solid Waste Department trucks being bid as trade for side-load trucks and to refer to the Budget Framework Committee to include funding in the 1999 budget.

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

APPROVE TEMPORARY CONSTRUCTION AND ROADWAY/
UTILITY EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement for Watermain Project No. 4706 at 47th Avenue South (north side) between South Washington Street And South 20th Street extended, for and in consideration of the sum of $1875.00, and other good and valuable considerations (Hope Evangelical Covenant Church, $400; David Beste, $100.00; Willard M. and Mary Ann Baird, $700.00; Robert Peterson (to be acquired through drainway project), Judith A. Gornowicz, $500.00, and Guy Useldinger, $175.00), and recommended to approve the easements and authorize proper City officials to sign the easements.

Committee No. 3, Public Service, reported having considered the matter of roadway and utility easement for Sanitary Sewer Project 4661, at South 34th Street between 32nd Avenue South and Ruemmele Road, for $1.00 and other good and valuable considerations, Arthur Greenberg, Jr., grantor, and to approve the easements and authorize proper City officials to sign the easements.

Committee No. 3, Public Service, reported having considered he matter of temporary construction easement for Sanitary Sewer Project No. 4661 at South 34th Street between 32nd Avenue South and Ruemmele Road, for $1.00 and other good and valuable considerations, D.J. Parker, Inc. and Perkins Land Co., grantor, and recommended to approve the easements and authorize proper City officials to sign the easements.

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


APPROVE PLANS AND SPECIFICATIONS FOR
WASTEWATER TREATMENT PLANT ACCESS ROAD AND
STAGING AREA

Committee No. 3, Public Service, reported having considered the matter of wastewater treatment plant, access road and staging area, approval of plans and specifications, and recommended to approve plans and specifications and authorize call for bids.

It was moved by Council Member Hafner and seconded by Council Member Lucke that these recommendations be and are hereby approved. Carried 14 votes affirmative.

APPROVE RFP FOR ENGINEERING/SURVEY SERVICES
FOR PERMANENT FLOOD PROTECTION IN-KIND SERVICE
PROJECTS

Committee No. 3, Public Service, reported having considered RFP for engineering and surveying services, permanent flood protection in-kind service projects, and recommended to approve RFP for engineering and surveying services.

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

APPROVE THREE-WAY AGREEMENT WITH VERN
GORNOWICZ TO CONNECT TO CITY WATERMAIN

Committee No. 3, Public Service, reported having considered matter of request from Vern Gornowicz to connect to city watermain, three-way agreement, and recommended to direct city Attorney to draw agreement to allow water tie in and authorize entering into three-way agreement with developer and engineer.

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

APPROVE SELECTION COMMITTEE FOR ENGINEER
TO PROVIDE SERVICES FOR PROJECT 4806 AND
PROJECT 4807

Committee No. 3, Public Service, reported having considered the matter of selection committee for engineering services for Project No. 4806, pave Mill Road from Gateway to Highway 81, and Project No. 4807, paving South Washington Street from 40th to 47th Avenues South), and recommended to approve selection committee for engineering services. Council Member Lucke will represent public service committee.

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


APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 4756, PAVING BELMONT ROAD

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for KBM (construction administration), Project No. 4756, paving Belmont Road, and recommended to approve agreement with KBM, Inc. for engineering services at a cost of $34,500, and authorize proper city officials to enter into cost participation agreement with ND Department of Transportation.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4522, DISTRICT NO. 554

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Paving Project No. 4522, District No. 554, paving Cherry Street from 47th Avenue South to Southend Drainway, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7544 - Resolution.

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

ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
4522, DISTRICT NO. 554

The city auditor presented and read the engineer's report on Paving Project No. 4522, District No. 554: Document No. 7545 - Report.

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


ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4522, DISTRICT NO. 554

Council Member Hafner introduced the following resolution of necessity, which was presented and read: Document No. 7546 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4825, DISTRICT NO. 559

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Paving Project No. 4825, District No. 559, paving 47th Avenue South from Cherry Street to South Washington 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 Hafner and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7547 - Resolution.

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

ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
4825, DISTRICT NO. 559

The city auditor presented and read the engineer's report on Paving Project No. 4825, District No. 559: Document No. 7548 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4825, DISTRICT NO. 559

Council Member Hafner introduced the following resolution of necessity, which was presented and read: Document No. 7549 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4661, DISTRICT NO. 391

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Sewer Project No. 4661, District No. 391, sanitary sewer on South 34th Street from 32nd Avenue South to Lift Station #38, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7550 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
4661, DISTRICT NO. 391

The city auditor presented and read the engineer's report on Sewer Project No. 4661, District No. 391: Document No. 7551 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
PROJECT NO. 4661, DISTRICT NO. 391

Council Member Hafner introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7552 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECTS
NOS. 4774, 4775 AND 4776, SEWER AND WATERMAIN
FOR MIGHTY ACRES 2ND ADDITION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Projects No.’s 4774, 4775 and 4776, sanitary sewer, watermain and storm sewer to serve Mighty Acres 2nd Addition, and recommended to approve plans and specifications.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4792, DISTRICT NO. 395

The city engineer's estimate of total cost of the construction of storm sewer on North 10th Street and 2nd Avenue North in the amount of $34,306.25, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4792, District 395, storm sewer on North 10th Street and 2nd Avenue North, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7553 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 4794, DISTRICT NO. 262

The city engineer's estimate of total cost of the construction of watermain on North 53rd Street and 12th Avenue North in the amount of $57,525.30, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4794, District 262, watermain on North 53rd Street and 12th Avenue North, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7554 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4802, DISTRICT NO. 396

The city engineer's estimate of total cost of the construction of storm sewer on North 53rd Street and 12th Avenue North in the amount of $36,445.50, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4802, District 396, storm sewer on North 53rd Street and 12th Avenue North, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7555 - Resolution.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, SEWER
PROJECT NO. 4496, DISTRICT NO. 394, AND
WATERMAIN PROJECT NO. 4497, DISTRICT NO. 261

The city auditor presented and read tabulation of bids which had been received and opened on May 22, 1998 for Sewer Project No. 4496, District No. 394, and Watermain Project no. 4497, District No. 261, sanitary sewer and watermain on 6th Avenue North from North 52nd Street to 55th Street, indicating that Soberaski, Inc. was low bidder based upon their bids in the amounts of $31,545.00 and $36,480.00, respectively, for a total bid of $68,025.00: Document No. 7556 - Bid Tabulation.

The city engineer's estimate of total cost on Sewer Project No. 4496, District No. 394, in the amount of $40,000.00 and on Watermain Project No. 4497, District No. 261, in the amount of $46,500.00 (including City's share), were presented and read.
Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4496, District no. 394, sanitary sewer on 6th Avenue North from North 52nd to North 55th Streets, and for Project No. 4497, District No. 261, watermain on 6th Avenue North from North 52nd to North 55th Streets, and recommended that we accept the low bid of Soberaski, Inc. in the amounts of $31,545.00 and $36,480.00, respectively, for a total bid of $68,025.00.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7557 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Lucke that this resolution awarding the contract for Sewer Project No. 4496, District No. 394, and for Watermain Project No. 4497, District No. 261, to Soberaski, Inc. be and is hereby adopted. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande,
Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried and the contract awarded.

AWARD CONTRACT FOR PROJECT NO. 4780, TRAFFIC
SIGNAL AT SOUTH COLUMBIA ROAD AND 32ND AVENUE
SOUTH

Committee No. 3, Public Service, reported having considered the construction bids for Project No.4780, traffic signal at South Columbia Road and 32nd Avenue South, and recommended that we accept the low bid of Nodak Contracting in the amount of $18,750.00.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, SEWER
PROJECT NO. 4713, DISTRICT NO. 392

The city auditor presented and read tabulation of bids which had been received and opened on May 26, 1998 for Sewer Project No. 4713, District No. 392, storm sewer on North 55th Street from DeMers to Gateway Drive, indicating that Duckstad Contracting was low bidder based upon their bid in the amount of $449,120.00: Document No. 7558 - Bid Tabulation.

The city engineer's estimate of total cost on Sewer Project No. 4713, District No. 392, in the amount of $608,500.00, was presented and read.

Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4713, District No. 392, storm sewer on North 55th Street from DeMers Avenue to Gateway Drive, and recommended that we accept the low bid of Duckstad Contracting in the amount of $449,120.00.

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

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7559 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Lucke that this resolution awarding the contract for Sewer Project No. 4713, District No. 392, to Duckstad Contracting be and is hereby adopted. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Bakken, Hafner, Hagness - 13; voting "nay": none; Council Member Babinchak excused from voting. President Hagness declared the motion carried and the contract awarded.

APPROVE CHANGE ORDER FOR PROJECT NO. 4669.1,
SOUTHEND DRAINWAY PHASE 1B

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4669.1, Southend Drainway Phase 1B, Change Order #1, and recommended to approve change order in the amount of $70,305.10.

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


APPROVE CHANGE ORDER FOR PROJECT NO. 4332,
LIFT STATION NO. 7

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4332, Lift Station #7 for Industrial Contract Services, Inc., and recommended to approve certificate of substantial completion, final change order in the amount of $1,377.60, and final estimate in the amount of $18,494.25.

It was moved by Council Member Hafner and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4332, Lift Station #7, Hanson Electric of Bemidji, Inc., and recommended to approve certificate of substantial completion, final change order, and final estimate in the amount of $9,450.00.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4758

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4758, repair of watermain on South 5th Street and Kittson under RR tracks and connection of two watermains at 2nd Avenue North and North 7th Street, and recommended to approve the change orders in the amounts of $5,250.00 and $915.00.

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

REFER MATTER OF RFP FOR ENGINEERING SERVICES
FOR PROJECT NO. 4822 BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of RFP for A/E (architect/eng.) services for public works facility, renovation and alteration, Project No. 4822, and recommended to approve RFP for architecture/engineer services for the building.

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

Council Member Carpenter questioned funding for the architectural services in a proposed amount of $50-75,000 for a $1 million project as stated in the committee minutes.

Charles Grotte reviewed proposed funding - using cash carryover for the fees and project will be budgeted through CIP process for the building itself, and that half of the $1 million is for replacing the roof which was in need of repair at the time the building was purchased, and other improvements needs that were identified during the construction of the addition funded through the CDBG monies, ie., additional fire hydrants, and area currently used for donated goods needs sprinkler system and it has been identified that they need to screen the fenced in areas so conforms with Planning and Zoning criteria, He stated when we bid the addition currently under construction, had options to put break room and other facilities in the new addition but opted not to do that because of prices and funding sources and that's item that needs to be done now. He stated that they need to move wastewater shop from its current location because when dike project comes through that facility will be on the wet side of the dike; and also need to move the water distribution shop because of work going on in the water plant with expansion, and when we move those people we will need some additional parking and that's what brings est. cost to $925,000, including $75,000 on fees, and no contingencies. Council Member Carpenter questioned whether they should be doing request for architectures and engineering before putting into CIP and know we are going to do project and how funding the project; and stated perhaps funds would have to come from utility rates and have been increasing those to cover other projects. Council Member Beyer stated that the council hasn't decided what departments are moving to the public works facility. It was noted that public service committee has discussed that the water distribution and wastewater departments would be moving to that facility.

President Hagness stated that if the matter were referred back to public service committee for further discussion, to find out how to budget for this. Mr. Grotte stated they wouldn't select an architect until August, that the donated goods people are not using the space to extent they thought they would and have received authorization to go ahead with moving functions, could use approx. 75% of the space. He stated they need to move water distribution department soon because getting squeezed out of their space because of various things going on in the water plant. He stated that as far as wastewater moving, wait until donated goods people were completely out, which could be another year. He stated that when addition was planned about a year ago through Flood Response Committee, it was then stated that it would be built and these two shops would move there once donated goods were finished with facility, but if council wants to reconsider that's their option. There was some discussion relative to the roof, when installed, material, etc.

Council Member Klave and Hafner asked that the matter be referred back to committee for further discussion.

AUTHORIZE FURTHER NEGOTIATIONS ON ACQUISITION
OF PROPERTY FOR PROJECT NO. 4669.3, SOUTHEND
DRAINWAY PHASE 2B

Committee No. 3, Public Service, reported having considered the matter of quick-take condemnation for Project 4669.3, Southend Drainway Phase 2B, and recommended to proceed with quick take condemnation of property, contingent upon failure to negotiate settlement with Mr. Peterson.

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

Mr. Swanson reported that the motion that was passed out of committee has a contingency that we cannot utilize quick-take authority until such time as negotiations with the property owner fail, that contingency would have to appear in a resolution and it poses an issue for the judge to review at the time an application for exparte order is sought as to whether or not the City has fulfilled the contingency of adequately negotiating, and it would be his recommendation that council remove the contingency and substitute authorization for further negotiations, so that when the application is presented to the court, it's not a contingency but an authorization.

It was moved by Council Member Klave and seconded by Council Member Hafner to amend the motion to remove the contingency and substitute authorization for further negotiations. Carried 14 votes affirmative.

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

AUTHORIZE BEAUTIFICATION FUNDS FOR PROJECTS

Committee No. 4, Urban Development, reported having considered the matter of beautification funds, and recommended that we approve carryover of $5,000 for the University Avenue brick and planters in addition to the $15,000 for a total of $20,000 for pavers and the $9,805.00 for tree planting.

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

APPROVE BUDGET AMENDMENT

A request for budget amendment in the Urban Development budget in the amount of $45,408.05, to fund contribution area, was presented and read. It was moved by Council Member Polovitz and seconded by Council Member Bouley that this transfer be and is hereby approved. Carried 14 votes affirmative.

INTRODUCE REPRESENTATIVE OF COMPASS FACILITY
MANAGEMENT FOR THE AURORA

Council Member Carpenter introduced Jeff Kossow who is representative of Compass Facility Management that's relocated to Grand Forks to work with this project.

APPROVE CHANGE ORDER TO AURORA PROJECT

The Events Center Core Committee reported having considered the matter of design change order, and recommended that we approve the change order to move the locker rooms to the west side of the building for the amount of $16,000.

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

HOLD MATTER OF SOUTHEND DEVELOPMENT

The Flood Response Committee reported having considered the matter of southend development: a) authorization to amend the contract with Mortenson to serve as construction manager for the southend development; b) negotiate a contract with the Greater Forks Engineering Group, and recommended to hold this matter until later this week.

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

DIRECT THAT COMMUNICATION BE SENT TO STATE
HISTORICAL SOCIETY ASKING FOR QUICKER RESPONSE
RE. FLOODED HOUSES BECAUSE OF PUBLIC SAFETY

The Flood Response Committee reported having considered the matter of slow response from the State Historical Society and recommended that a letter be written to the State Historical Society asking them to move as fast as possible regarding flooded out homes in the interest of public safety.

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

SET DEADLINE DATE FOR ACQUISITION PROGRAMS

The Flood Response Committee reported having considered the matter of deadline date for Acquisition Programs, and recommended to set a deadline of October 1 for Phase I and II and to present this recommendation to city council.

The Flood Response Committee reported having considered the matter of Wynne Consulting contract for acquisition services, and recommended the Wynne Consulting contract for acquisition services be terminated as of June 30, 1998.

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

ALLOCATE VARIOUS PROJECTS FROM PENDING TO
APPROVAL

The Flood Response Committee reported having considered the matter of allocating various projects from pending to approved, and recommended that projects be moved from pending to approved:

1) Project 4829, 42nd Street from DeMers to University, Project 4830, Mill Road, Project 4756, Belmont Road, south of 47th Avenue, and 4757, downtown streets, $600,000;
2) Project 4824, Streets, additional emergency, eng. and study, $1,500,000
3) Project 4827, extend storm sewer on 40th Ave.S., $121,000
4) Project 4828, protection on private systems, $46,000
5) Project 4772, Red River Dam repairs, $1,200,000
6) Project 4710, Flood fight acreage for staging and supply, $400,000
7) Project 4711, 2 mile perimeter drainage study, $150,000
8) Project 4746, South Columbia Road, City inspection, $10,000

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

REFER MATTER OF RESIDENTIAL SALVAGE POLICY
TO URBAN DEVELOPMENT

The Flood Response Committee reported having considered the matter of residential salvage policy, and recommended that this item be referred to Urban Development (Joel Manske).

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

INTRODUCE ORDINANCE TO CONVEY SURPLUS
PROPERTY TO NON-PROFIT ORGANIZATIONS

The Flood Response Committee reported having considered the matter of an ordinance to convey surplus property to non-profit organizations, and recommended the introduction of an ordinance for the option to convey surplus property to non-profit organizations.

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

Council Member Polovitz introduced an ordinance entitled "An ordinance amending Section 1-0402(5) of the Grand Forks City Code relating to the sale of city property", which was presented, read and passed on its first reading.

Mr. Swanson reported that because new council will be taking office later in June, this ordinance cannot receive final approval until its first meeting in July.

AUTHORIZE PURCHASE OF FLOOD DAMAGED CHURCHES

The Flood Response Committee reported having considered the matter of purchase of two flood damaged churches, and recommended to proceed with the purchase in the voluntary acquisition of two churches at the value placed by the assessor's office.

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

SELECT FIRM FOR ENGINEERING, MARKETING AND
FINANCIAL FEASIBILITY ANALYSIS FOR REHAB OF
METROPOLITAN OPERA HOUSE

The Flood Response Committee reported having considered the matter of selection of firm to do engineering, marketing and financial feasibility analysis for the rehab of the Metropolitan Opera House, and recommended Yeager and Associates for the fee of $15,000.

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

REFER MATTER OF PROPERTY AT 404 SOUTH 3RD
STREET TO PUBLIC SERVICE COMMITTEE

The Flood Response Committee reported having considered the matter of 404 South 3rd Street, and recommended that this item be referred to public service.

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

AUTHORIZE REQUEST FOR PROPOSALS TO DETERMINE
FEASIBILITY OF RELOCATION AND REHAB OF VIETS
HOTEL PROPERTY

The Flood Response Committee reported having considered the matter of RFP for Viets Hotel property, and recommended to request proposals to determine feasibility of relocation and rehab.

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

INCREASE LIMIT OF INTEREST SUBSIDY PROGRAM

The Flood Response Committee reported having considered the matter of Interest Subsidy Program, and recommended the limit be increased to $32,000 for current applicants and leave it closed to new applications.

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

SET DEADLINE FOR BUSINESS AND INDUSTRY
DISASTER ASSISTANCE PROGRAM

The Flood Response Committee reported having considered the matter of deadline for Business and Industry Disaster Assistance Program, and recommended a deadline of June 30, 1998 on the Business Industry Disaster Assistance Program.

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

APPROVE BID PACKAGE FOR ABATEMENT OF BOUGHT-
OUT PROPERTIES
The Flood Response Committee reported having considered the matter of abatement for bought-out properties, Bid Package 22, and recommended approval of Bid Package 22 (16 houses) awarded to EAS for $11,110.00.

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

AUTHORIZE REQUEST FOR DEMOLITION OF CITY
CENTER MALL

The Flood Response Committee reported having considered the matter of authorization to request bids for the demolition of the City Center Mall, and recommended to authorize the request for bids for the demolition of the City Center Mall.

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

APPROVE ADDITIONAL FUNDING FOR POLICE PROTECTION
IN FLOODED OUT AREAS

The Flood Response Committee reported having considered the matter of additional funding for police protection in the flooded out areas, and recommended approval of $3,000 from CDBG Administration for police protection in the flooded out areas through June and July.

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

MODIFY PHASE IV LANGUAGE FOR NON-RESIDENTIAL
PROPERTIES

The Flood Response Committee reported having considered the matter of modifying Phase IV language for non-residential properties, and recommended to amend Phase IV language for non-residential properties; in conjunction, amend the contract with Appraisal Services, Inc. to include these non-residential structures.

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

John O'Leary reported that this deals with voluntary acquisition of commercial properties that are in the dike line but outside the central business district, that they have discussed with the city attorney's office and are recommending instead of modifying Phase IV, which is predominantly a voluntary residential buyout program, to amend the Central Business District Acquisition Program to include properties that are on or on the wet side of the dike as part of the voluntary acquisition.

Mr. Swanson reported that another option would be that the council simply authorize either the amendment of the Residential Phase IV Program to include these commercials or the amendment of Central Business District Commercial Acquisition, in either respect it's clear that council is authorizing the acquisition of commercial property impacted by the proposed levee.

It was moved by Council Member Hafner and seconded by Council Member Carpenter to amend the motion to amend the Central Business District Acquisition Program to include properties that are on or on the wet side of the dike as part of the voluntary acquisition. Carried 14 votes affirmative.

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

APPROVE USE OF ACQUISITION FUNDS TO REIMBURSE
BOND FUNDS FOR UNCERTIFIED SPECIAL ASSESSMENTS

The Flood Response Committee reported having considered the matter of outstanding special assessments, and recommended approving the use of acquisition funds as Phase IV properties are purchased and reimburse the appropriate bond funds for the uncertified special assessments.

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

The city auditor asked that this matter go back to committee for further discussion. Council Members Bakken and Hafner referred this matter back to committee.

REFER MATTER OF REQUESTS FOR VOUCHER DEADLINE
EXTENSIONS TO URBAN DEVELOPMENT OFFICE

The Flood Response Committee reported having considered the matter of requests for voucher deadline extension, and recommended that the requests for extensions be turned over to Urban Development to be handled on a case by case basis.

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

Council Members Sande and Beyer reported they had received calls as to whether deadline of August 31 can be extended. Mr. O'Leary reported that the end of August was to give council time to reallocate funds in the event there are funds left over in any of the Program Areas, that you have 24 months from time grant award was signed to obligate funds and has to be in a contract. He stated that if they extend past the end of August of this year, gives shorter period of time in which to reallocate funds to another eligible program area. He stated that if there is cause that somebody can't get into the voucher program for valid reason, that the Urban Development Committee would look at those on a case by case basis.

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

APPROVE APPOINTMENT FOR PLANNING FOCUS GROUP

President Hagness reported that the mayor would like each of the council members to appoint somebody from their wards to be representatives of the city to get broad base of community interest. It was reported that the City has a contract with EQE to help City to go into planning process for the future, and as part of this created a focus group of community people for input. It was asked that the council members each submit one name to mayor within next two weeks.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary for regular estimates in the amount of $848,031.27; Estimate Summary for CDBG funded projects, $397,628.00; and Estimate Summary for flood related projects in the amount of $696,664.72, for a total of $1,942,323.99, were presented and read.

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

Council Member Babinchak asked to be excused from voting on any payments to Duckstad Contracting. It was moved by Council Member Klave and seconded by Council Member Beyer that Council Member Babinchak be excused from voting on payments to Duckstad Contracting. Carried 13 votes affirmative.

Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak (except any estimates from Duckstad Contracting, Inc.), Bakken, Hafner, Hagness -14; voting "nay": none. President Hagness declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION, VARIOUS
PROJECTS

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommending acceptance by the council: Watermain Replacement Project No.4758.1, and Watermain Replacement Project 4758.2.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that these recommendations be and Are hereby approved. Carried 14 votes affirmative.

RECONSIDER SELECTION OF ARCHITECT FOR NEW
SOUTHSIDE FIRE STATION

The city auditor reported that in May, 1997, this item was brought forward to council and was tabled indefinitely. It was moved by Council Member Beyer and seconded by Council Member Bakken to remove the matter of selection of architect for new southside fire station from the table. Carried 14 votes affirmative.

Council Member Beyer stated that if the southside development is going to go, should proceed with the
selection of an architect.

Chief Aulich reported that it was April of 1997 when authorized to negotiate with EAPC and sign a contract with EAPC to serve as architect and engineers for southside fire station; selection process was completed; that they had an elaborate pre-selection process and settled with EAPC; and after flood it was recommended that this be tabled. He stated they would like council's approval to sign the contract with EAPC and have arrived at a contract so can proceed with the project. He stated that the standard fee for a project of that size is 8% (between $500,000 and $1 million) and looking at approx. $700,000 project assuming that they are reasonably accurate, and are looking at $55-60,000 for the architect and engineering fees.

Council Member Hamerlik stated that there were some funds proposed for the project, and included in the first matrix there was $500,000 in CDBG monies, and looking at most recent matrix, doesn't see that included. The city auditor reported that is included in the recommended area of the matrix, costs for doing architectural fees will come from the Public Building Fund as have enough resources there to do it. He stated that originally this project had been set to come out of Public Building Fund, however, with the flood many of those funds have been used for other projects, so either be looking at CDBG funds or probably bonding this project and using future Building Fund funds to pay debt service. It was suggested utilizing General Fund cash balance for one time project, and it was noted there is potential for that.

It was moved by Council Member Beyer and seconded by Council Member Sande to authorize entering into the agreement with EAPC Architects Engineers for design services for the southside fire station, and authorize proper City officials to sign the agreement. 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. President Hagness declared the motion carried.

Gene Schneeweis, 1004 University Avenue, reported that he talked to the Chief and received letter from the city auditor concerning the northend fire station, financing and flood insurance, and the money to rebuild the northend fire station was used out of the $500,000 which had been allotted for the new fire station, and the City has responsibility to have flood insurance on the northend building. It was noted that several weeks before the flood the finance committee discussed whether City should take out flood insurance, and acted at two meetings and spent good sum of money and received millions of dollars back because of their wisdom, and reason didn't take insurance on North Columbia Road fire station was because it was not in the 100-year floodplain.

AMEND CONTRACT FOR REDEVELOPMENT OF BURNED
OUT ONE-HALF BLOCK ON NORTH 3RD STREET

The Flood Response Committee reported having considered the matter of DDC request for redevelopment of burned out one-half block for paving, and request to allocate $20,000 out of the downtown redevelopment set-aside for the development of a pocket park on the site of the burned out block, and recommended approving the park for $25,000, and to go ahead with the parking lot plans and specifications including consulting services for the engineering and amend the contracts.

It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved.
Council Member Hafner stated that he thought recommendation was for graveling and not paving of the parking lot.

Ken Vein, city engineer, reported that the Codes require that they have paved parking lot and on a temporary basis, it should be gravel, but long term if maintained as a parking lot, that they would need to look at paving that.

John Staley, Park District, reported that they did not reach an agreement re. maintenance of the lot, but for short range, use the youth corps and will work out in the long range.

It was moved by Council Member Hafner and seconded by Council Member Bakken to amend the motion to limit surfacing of the lot to gravel. 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 MATTER OF STRUCTURE PURCHASE ONLY
IN PHASE II AREA BUYOUT

The Flood Response Committee reported having considered the matter of structure purchase only in Phase II Area Buyout, and recommended denial of request of structure purchase only in Phase II Area Buyout.

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

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

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

1) Council Member Polovitz reported that it's mowing season time and stated that North 42nd Street the RR portion is knee high; it was reported that BN has been notified to take care of the problem.
2) Council Member Polovitz asked for reseeding of lift station near coulee area across from Everson's; engineering will look at this matter.
3) Council Member Hamerlik presented matter of South Columbia Road and 28th Avenue South light. It was reported that the Transportation study was accepted and then a study on length of Columbia Road, and at time the issue of the light at 28th would be addressed. The matter was referred to public safety committee.
4) Council Member Glassheim referred the study of setting up a pilot district to encourage reconversion of historic properties which are rental units back into single family housing as a means to improve neighborhoods and create affordable housing. The matter was referred to Urban Development Committee.
5) Council Member Babinchak presented the matter of possibility of holding two Planning and Zoning meetings each month, or at least February through August or September for construction purposes. The matter was referred to the Planning and Zoning Commission.
6) Council Member Beyer presented matter of claim by homeowner on Belmont Road, 2912 Belmont, whose sanitary sewer failed. The matter was referred to the public service committee for their June 29 meeting.

ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that we do now adjourn until Monday, June 15, 1998 at 7:30 o'clock p.m. Carried 14 votes affirmative.



Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
______________________________________
Thomas M. Hagness, President of Council