Print VersionStay Informed
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, June 15, 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, June 15, 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.

Howard Swanson, city attorney, advised mayor and council that under the City Code following the election of a new council, final action cannot be taken on items on the agenda relating to the second reading of ordinances until the second regularly scheduled meeting after the election (July 6), his recommendation was that the council could formally table the matter until that date or could act upon those items tonight knowing they will come back to council at its next meeting. The council determined to call the public hearings and receive any comments, and that final action will be taken on July 6, 1998.

HOLD PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON REPLAT OF PERKINS FOURTH ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Perkins Fourth Addition to the city of Grand Forks, North Dakota", which had been introduced on May 18, 1998 and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 their 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.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Pribula Engineering on behalf of Hampton Corporation for final approval of a Replat of Lots 1, 2 and 3, Block 2, Perkins Fourth Addition to the city of Grand Forks, North Dakota (located south of 36th Avenue South between South 31st Street and South 34th Street), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map.

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.

Upon call for the question of adoption of the 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. Mayor Owens declared the motion carried; and that final action on the ordinance would be taken on July 6, 1998.

HOLD PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON REPLAT OF COUNTRYSIDE SUBDIVISION

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, North Dakota", which had been introduced on May 18, 1998 and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 their 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.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Dennis and Barbara Hanson for final approval of a Replat of Lots 11, Countryside Sub-division, 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map.

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.

Upon call for the question of adoption of the 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. Mayor Owens declared the motion carried; and that final action on the ordinance would be taken on July 6, 1998.

HOLD PUBLIC HEARING AND SECOND READING OF
ORDINANCE TO AMEND ZONING MAP TO INCLUDE WITHIN
COLUMBIA PARK SOUTH PUD, CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 1, ALL OF COLUMBIA 21ST
AND 25TH ADDITIONS, AND PART OF COLUMBIA PARK
24TH ADDITION AND UNPLATTED PROPERTY

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 North-west Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian", which had been introduced on May 18, 1998 and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 their 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.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Steven L. Adams. on behalf of Art Greenberg, Jr. for final 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map.

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

Upon call for the question of adoption of the 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. Mayor Owens declared the motion carried; and that final action on the ordinance would be taken on July 6, 1998.

TABLE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN SOUTHERN ESTATES PUD, CONCEPT DEVELOPMENT
PLAN, THE SOUTH ONE-HALF OF SE QUARTER OF SECTION
21, T151N, R50W OF 5TH PRINCIPAL MERIDIAN TO
JULY 6, 1998

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 had been introduced on May 18, 1998 and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The deputy 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 their 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.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Steven L. Adams. on behalf of Gornowicz, Useldinger and Greenberg, for final 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 321, 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 to table and extend the public hearing for consideration of an ordinance amending the zoning map to July 6, 1998.

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

HOLD PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON PLAT OF SERVICE 2ND SUBDIVISION

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 had been introduced on May 18, 1998 and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 their 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.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Pribula Engineering on behalf of John Campbell for final 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, Township 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan.

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.

Upon call for the question of adoption of the 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. Mayor Owens declared the motion carried; and that final action on the ordinance would be taken on July 6, 1998.

HOLD PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN I-2 (HEAVY INDUSTRIAL) DISTRICT, ALL
OF SERVICE 2ND 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-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 had been introduced and passed on May 18, 1998 and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 their 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.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Pribula Engineering on behalf of John Campbell for final 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 Sub-division to the city of Grand Forks, North Dakota (located south of the intersection of 27th Avenue North and North 30th Street), and recommended final approval and passage of the ordinance amending the zoning map.

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

Upon call for the question of adoption of the 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. Mayor Owens declared the motion carried; and that final action on the ordinance would be taken on July 6, 1998.

HOLD PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN B-3 (GENERAL BUSINESS) DISTRICT ALL
OF LOT 9, BLOCK 2, SUNNY NODAK FARMS 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 B-3 (General Business) District, all of Lot 9, Block 2, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 18, 1998 and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 their 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.

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Lon Brorson on behalf of New Vision Fiberglass, Inc. for final approval of an ordinance to amend the Zoning Map to exclude from 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, 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 final approval and passage of the ordinance amending the zoning map.

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.

Upon call for the question of adoption of the 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. Mayor Owens declared the motion carried; and that final action on the ordinance would be taken on July 6, 1998.

REPORTS OF OFFICERS

The deputy city auditor presented and read the auditor's investment report for period ending May 31, 1998. It was moved by Council Member Sande and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-10, dated June 15, 1998, and totaling $3,204,196.95, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Beyer and seconded by Council Member Sande 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. Mayor Owens declared the motion carried and the bills ordered paid.

ACCEPT BID FOR WIDE AREA NETWORK

Committee No. 1, Finance, reported having considered the matter of wide area network bid summary, and recommended to accept the bid from Insight Technologies for $144,014.94 for the wide area network, and accept the bid of Insight Technologies for the mail and file servers at prices not to exceed $23,482 for the file server and $13,523 for the mail server.

It was moved by Council Member Bakken and seconded by Council Member Babinchak 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. Mayor Owens declared the motion carried.

AUTHORIZE PURCHASE OF CHAIRS FOR CIVIC
AUDITORIUM AND AMEND BUDGET

Committee No. 1, Finance, reported having considered the matter of authorization to purchase chairs for civic auditorium and budget amendment, and recommended to approve purchase of chairs subject to city attorney approval on bidding requirements, and to approve budget.

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

Council Member Carpenter noted this matter had been approved subject to approval by the city attorney. Mr. Swanson reported that the item requires action by this body to determine whether or not the purchase of additional chairs for the auditorium should be bid, the proposal is well in excess of $10,000 for acquisition of chairs, there is some law that would allow bids to be waived on a sole source basis if there is a factual reason why they need to be on a sole source, and that's not an item he feels he is in a position to make a final determination of, is a discretionary item for this body to decide and is his recommendation that you consider bidding on the items unless you find that there are specific compelling reasons why the bid should be waived. He stated the presumption in a situation where the City is acquiring equipment or furnishings of this nature is that they should be bid.

Council Member Hafner moved an amendment to the motion to single source based on the fact that there's only one source for the chairs (stacking ability), Council Member Hagness seconded the motion.

Mr. Swanson advised that in addition they may need to make finding that no other chair of a competing manufacturer can perform the functional equivalent either in stacking or interconnection, or need to find something more than simply that the chair that have now is manufactured by one company and only available through one company, or found functional reason for that sole source determination.
Mr. Owens, auditorium manager, reported that Krueger is only one making these chairs that stack with existing chairs.

Upon call for the question and upon voice vote the motion carried 13 votes affirmative; Council Member Hamerlik voted no.

Upon call for the question on the motion, as amended, 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. Mayor Owens declared the motion carried.

A request for budget amendment was presented for the civic auditorium in the amount of $35,664.000 to purchase the 500 additional stacking chairs for the auditorium. It was moved by Council Member Hafner and seconded by Council Member Hagness to approve the budget amendment. Carried 14 votes affirmative.

APPROVE CHANGES IN ACTIVITIES FOR ANNUAL
GREAT RED RIVER DUCK RACE ON JULY 4

Committee No. 2, Public Safety, reported having considered the matter of request for change in duck drop for Annual Great Red River Duck Race on July 4 (drop ducks from Sorlie Bridge), and recommended to approve change in duck drop from Point Bridge to Sorlie Bridge, and to grant variance to noise ordinance to 12:45 a.m.

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

APPROVE REQUEST FOR STREET DANCE AND VARIANCE
TO NOISE ORDINANCE ON JUNE 27

Committee No. 2, Public Safety reported having considered the request from The Edge to sponsor street dance in downtown on Saturday, June 27, from 8:00 p.m. to 1:00 a.m. and blocking of 200 and 300 blocks of DeMers Avenue and zero block of North 3rd Street, and recommended to approve request and grant variance to noise ordinance until 12:30 a.m.

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

REFER MATTER OF INTERSECTION CONTROL ON 24TH
AVENUE SOUTH AND SOUTH 29TH STREET BACK TO
COMMITTEE

Committee No. 2, Public Safety, reported having considered the matter of intersection control on 24th Avenue South and South 29th Street, and recommended to authorize installation of temporary four-way stop signs at this intersection.

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

Council Members Beyer and Sande asked that this matter go back to committee for further consideration.

RECEIVE AND FILE MATTER OF TRAFFIC SIGNALS
AT 28TH AVENUE SOUTH AND COLUMBIA ROAD

Committee No. 2, Public Safety, reported having considered the matter of traffic signals at 28th Avenue South and Columbia Road, and recommended to receive and file.

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

APPROVE BUDGET AMENDMENT

A request for budget amendment from Communicable Disease (Project #2028.1) in the amount of $600.00 to reflect additional revenue from Altru for Home Safe Home kits, was presented and read.

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

ACCEPT BID FOR EQUIPMENT FOR WATER TREATMENT
PLANT

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for total organic analyzer for water treatment plant, and recommended to accept bid of Shimadzu Company in the amount of $24,960.00.

It was moved by Council Member Klave 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 RFP FOR ARCHITECTURE/ENGINEERING
SERVICES FOR RENOVATION/ALTERATION OF
PUBLIC WORKS FACILITY, PROJECT NO. 4822

Committee No. 3, Public Service, reported having considered the matter of RFP for architectural/engineering services for public works facility, renovation and alteration, Project No. 4822, and recommended to approve RFP for architecture/engineering services for the building.

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



APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4713, DISTRICT NO.
393, STORM SEWER ON NORTH 55TH STREET

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements for various projects: Amendment No. 2, construction administration, CPS, Project 4713, District No. 393, storm sewer on North 55th Street, and recommended to approve amendment to the agreement in an amount not to exceed $36,510.00.

It was moved by Council Member Klave 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 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4804, DOWNTOWN
WATERMAIN REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements for various projects: Amendment No. 1, design engineering, Advanced Engineering, Project No. 4804, downtown watermain replacement, and recommended to approve amendment to the agreement in an amount not to exceed $79,056.00.

It was moved by Council Member Klave 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,
PAVING PROJECT NO. 4498, DISTRICT NO. 555

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4498, District No. 555, paving 6th Avenue North (53rd to 55th Streets), 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 Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7560 - Resolution.

It was moved by Council Member Klave 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 and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4498, DISTRICT NO. 555

The deputy city auditor presented and read the engineer's report on Paving Project No. 4498, District No. 555: Document No. 7561 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4498, DISTRICT NO. 555

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7562 - Resolution.

It was moved by Council Member Klave 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 and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4795, DISTRICT NO. 556

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4795, District No. 556, paving 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 Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7563 - Resolution.

It was moved by Council Member Klave 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 and the resolution adopted.


ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4795, DISTRICT NO. 556

The deputy city auditor presented and read the engineer's report on Paving Project No. 4795, District No. 556: Document No. 7564 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4795, DISTRICT NO. 556

Council Member Klave introduced the following resolution of necessity, which was presented And read: Document No. 7565 - Resolution.

It was moved by Council Member Klave 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 and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4801, DISTRICT NO. 557

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4801, District No. 557, paving Mighty Acres 2nd Addition, and recommended that we adopt a resolution creating the assessment district, Approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass A resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7566 - Resolution.

It was moved by Council Member Klave 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 and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4801, DISTRICT NO. 557

The deputy city auditor presented and read the engineer's report on Paving Project No. 4801, District No. 557: Document No. 7567 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4801, DISTRICT NO. 557

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7568 - Resolution.

It was moved by Council Member Klave 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 and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4823, DISTRICT NO. 558

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4823, District No. 558, paving North 6th Street (Fenton to Conklin Avenue, 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 Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7569 - Resolution.

It was moved by Council Member Klave 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 and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4823, DISTRICT NO. 558

The deputy city auditor presented and read the engineer's report on Paving Project No. 4823, District No. 558: Document No. 7570 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4823, DISTRICT NO. 558

Council Member Klave introduced the following resolution of necessity, which was presented And read: Document No. 7571 - Resolution.

It was moved by Council Member Klave 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 and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4768, DISTRICT NO. 398

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4768, District No. 398, storm pump station 84 upgrade, 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 Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7572 - Resolution.

It was moved by Council Member Klave 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 and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT
NO. 4768, DISTRICT NO. 398

The deputy city auditor presented and read the engineer's report on Sewer Project No. 4768, District No. 398: Document No. 7573 - Report.

It was moved by Council Member Klave 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. 4768,
DISTRICT NO. 398

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented And read: Document No. 7574 - Resolution.

It was moved by Council Member Klave 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 and the resolution adopted.

APPROVE REVISED ENGINEER'S REPORT FOR PROJECT
NO. 4463, SEWER DISTRICT NO. 387

Committee No. 3, Public Service, reported having considered the matter of revised engineer's report for Project No. 4463, District No. 387, storm sewer on South 42nd Street (DeMers to 17th Avenue South), and recommended to receive and file the revised engineer's report.

It was moved by Council Member Klave and seconded by Council Member Hafner 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. 4463, DISTRICT NO. 387

The city engineer's estimate of total cost of the construction of storm sewer on South 42nd Street from DeMers Avenue to 17th Avenue South, in the amount of $ , was presented And read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4463, District No. 387, storm sewer on South 42nd Street from DeMers Avenue to 17th Avenue South, and recommended to pass a resolution approving the plans And specifications for this construction and further that the city auditor e directed to advertise for bids on the project.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7574.1 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 4522, DISTRICT NO. 554
The city engineer's estimate of total cost of the construction of paving on Cherry Street from 47th Avenue South to Southend Drainway, in the amount of $ , was presented And read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4522, District No. 554, paving Cherry Street from 47th Avenue South to Southend Drainway, and recommended to pass a resolution approving the plans and specifications for this construction and further that the city auditor e directed to advertise for bids on the project.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7574.2 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 4825, DISTRICT NO. 559

The city engineer's estimate of total cost of the construction of paving on 47th Avenue South from Cherry Street to Washington Street, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4825, District No. 559, paving 47th Avenue South from Cherry Street to Washington Street, and recommended to pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7574.3 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4661, DISTRICT NO. 391

The city engineer's estimate of total cost of the construction of sanitary sewer on South 34th Street from 32nd Avenue South to Lift Station #38, in the amount of $ , was presented And read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4661, District No. 391, sanitary sewer on South 34th Street from 32nd Avenue South to Lift Station #38, and recommended to pass a resolution approving the plans And specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7574.4 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECTS
NOS. 4752 AND 4753, REHAB OF SANITARY LIFT
STATIONS #9 AND #11

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4752 and Project No. 4753, rehabilitate sanitary lift stations #9 and #11, and recommended to approve plans and specifications, and authorize call for bids.

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

ACCEPT BID FOR CONSTRUCTION OF PROJECT NO.
4729, 1998 FORCEMAIN REHABILITATION

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4729, 1998 forcemain rehabilitation, and recommended to accept the low bid of Schipper Construction, Inc. in the amount
of $161,600.00.

It was moved by Council Member Klave 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 and the contract awarded.

AWARD BID FOR PROJECT NO. 4654.466, PRIORITY
SINKHOLE REPAIR

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4654.466 priority sinkhole repair, and recommended to accept the low bid of Robert Gibb & Sons, Inc. in the amount of $131,390.00.

It was moved by Council Member Klave 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 and the contract awarded.

APPROVE CHANGE ORDER FOR PAVING PROJECT
NO. 4557

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4557, paving Rivers Edge, watermain replacement on 49th Avenue South, Change Order No. 1, Opp Construction, contractor, and recommended to approve change order in the amount of $47,035.00.

It was moved by Council Member Klave 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 CHANGE ORDER FOR PROJECT NO. 4703

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4703, water treatment plant flood protection, Change Order #1, Molstad Excavating, Inc., contractor, and recommended to approve the change order in the amount of $3,000.

It was moved by Council Member Klave 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 CHANGE ORDER FOR PROJECT NO. 4756

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4756, paving Belmont Road, Change Order #1, Nodak Contracting, contractor, and recommended to approve change order in the amount of $2,850.00.

It was moved by Council Member Klave 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 CHANGE ORDER FOR PROJECT NO. 4654,
LIFT STATION RESTORATION

Committee No. 3, Public Service, reported having considered the matter of change order #6 for Project No. 4654, Lift Station Restoration, Hanson Electric of Bemidji, Inc., contractor, and recommended to approve change order in the amount of $13,682.00.

It was moved by Council Member Klave 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 CONSTRUCTION OF STORM SEWER
PROJECT NO. 4793

Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4793, storm sewer on North 53rd Street from 6th Avenue North to 10th Avenue North, and recommended to approve award to the low bidder of United Crane in the amount of $109,980.00.

It was moved by Council Member Klave 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 and the contract awarded.

DENY REQUEST TO WAIVE FEES FOR MECHANICAL
PERMITS

Committee No. 3, Public Service, reported having considered the matter of request by mechanical contractors re. unpaid mechanical permits, and recommended to deny request to waive fees for mechanical permits.

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

Jeff Wilson, president of Vilandre Fuel, Heating and Air-Conditioning, presented small packet to council members and reviewed brief history of the mechanical permit issue since started conversations with people in the inspection department; that on April 28, 1997 the Mechanical Board met and Tim Manz deputized local mechanical contractors for the purpose of inspecting heating, ventilation, air-conditioning, refrigeration and gas pipe installations and this was to continue until September 15, 1997; that on January 12, 1998 Mr. Manz sent memo to contractors with a daily installation log as a reminder for them to pay permits; on May 26, 1998 they presented their beliefs to the Public Service Committee, after discussions a motion was passed by a vote of 2-1 to charge the local deputized mechanical contractors the $15.00 permit issue fee and waive the subsequent inspection fee, and approved to reimburse all deputized mechanical contractors who had previously paid, and sent to the city council; on June 1, 1998 the matter was pulled from council agenda and sent back to the public service because of memo from Mr. Manz; committee met again on June 8 and passed motion by 2-1 to overturn and reverse their original decision. He stated that the City of Grand Forks deputized or hired all of the local mechanical contractors to perform mechanical inspections and one of the purposes was to facilitate and expedite purposes of homeowners getting gas service turned on for heat and hot water; and also to facilitate the amount of inspections that would be required by the local inspection department (that there would have been as many as 100-150 mechanical inspections requests per day). He stated that the City deputized them and they performed these inspections, now the inspection department is asking them to pay the City for those inspections. He stated that it has been his contention that he has no problem paying the portion of the permit when City issues him a permit, that there is a $15.00 permit issue fee. He stated he has a problem with the inspection fees that the City wants to charge him for an inspection that they performed for the homeowners and for the City. He stated they performed a deputized task for the City and City can either waive the associated fee for this inspection or can pay total permit and ask the City to reimburse them for their efforts.

Gary Pearson, on behalf of Custom Aire, stated he wrote to Howard Swanson, city attorney, and approached as being a legal matter, question of whether his clients was entitled to be paid for the inspection services they provided to the City, the City in deputizing and hiring people like mechanical contractors, these people are entitled to be paid for services they performed but it's possible this is a policy matter as well. He stated that Custom Aire did not charge any of their clients any of these fees and not Custom Aire's task to charge those fees and if City is going to collect the fee, they should be collecting from the homeowners, and asked if it was fair to ask the mechanical contractors to perform this work and do it between late April and May of 1997 until September 15, and not bring up the issue about whether these fees are going to be paid until January, 1998. He stated they are talking about a substantial amount of money for his clients and wouldn't be fair to charge these fees, charging his client for fees City should be collecting from homeowner and performed services for the City for which he is entitled to be paid, and should forget about the amount of the permit fees and the work they performed would exceed the amount of the permit fee and the inspection fee. He stated there was no permit fee charged to the property owner.

Tim Manz, mechanical inspector, reported that at the Mechanical Board meeting on April 28, the item was discussed specifically about whether or not to charge the full mechanical permit fees and concluded that they didn't have the authority to waive or reduce mechanical permit fees, and would have had to go to public service or flood response committee and ultimately city council, and said to continue business as usual and charge full permit fees. He stated they had 25 mechanical contractors that were deputized mechanical inspectors and about 22 did fulfill obligation and pay full permit fees and submitted to the City. He stated that he didn't specifically put that in the minutes that the mechanical permit fees would go on as usual.

Gene Schneeweis, 1004 University Avenue, stated that if contractors told to collect fees, then should have collected; if not told that until 1998, should waive the fees.

Bill Hastings, member of the Mechanical Board, stated that he was at meeting held on April 28, 1997 and personally asked on permit fees if were to pay, Mr. Manz stated they would be paying the fees, and wrote down in his notes.

Mr. Wilson stated that in July, 1997 the mechanical inspection department did isolate a permit issue fee of $15.00 and there is a separation of charges (permit fee and also an inspection fee) and set aside bid from job for permits, that his issue is that City asked them to perform a task to inspect equipment and make sure they met all City Codes and that they have done that; that they provided a service and since they provided money for that service, money should stay with them.

Mr. Manz stated they wanted to make every attempt to do a final inspection with their own inspectors, and is ultimate goal to do a final inspection on every one, and that's another reason why those costs are due. He stated that this continued to do inspections upon request on out of town contractors and some from sub-contractors. He stated that on whatever properties they don't have a mechanical inspection on the property they know that was inundated with flood water and are doing final inspections. He also stated that the Code requires that a final inspection be made.
Bill Widman, C.L. Linfoot Company, stated he was present at the meeting with the City, Board members and contractors, and at that meeting the questions did come up re. city permits for plumbing and heating, and it was decided that permits would not be waived, and that they charged for the permits and did check the systems in order to unlock gas meters and get people back on line with heating, and water needs. He stated that there are two separate issues, one whether permit supposed to have been charged for and whether contractor able to come up and ask for some additional monies for time spent. He stated that in their case it did facilitate their work efforts to get customer started, but does not feel that the City should waive their act as far as going out and checking every installation. He stated there is a liability there because permit signed by himself as master contractor and the City of Grand Forks saying that system was put in and installed according to UMC, that he doesn't have that authority and thinks City needs to make sure all those systems are approved, and that City has final liability.

Upon call for the question and upon voice vote, the motion carried 13 votes affirmative, Council Member Klave voted against the motion.

APPROVE REQUESTS FOR EXTENSION OF RELOCATION
VOUCHER DEADLINE

Committee No. 4, Urban Development, reported having considered the matter of requests for extension of relocation voucher deadline from Isaac J. Schlosser and David and Fran Ritchie, and recommended to grant an extension on request by Mr. Schlosser to December 15, 1998 and to November 30, 1998 for the Ritchies.

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

DIRECT STAFF TO PROCEED WITH AGREEMENT
FOR RECORDATION OF HISTORIC PROPERTIES AND
MOA FOR REHABBING HOUSES

Committee No. 4, Urban Development, reported having considered the matter of historic mitigation, and recommended that staff proceed with writing a standard measures mitigation agreement for recordation of the historic properties and MOA for rehabbing at least fifteen(15) houses to City Code and Secretary of Interior's Guidelines for rehab of historic property in the area north of 13th Avenue South And east of Washington Street on the dry side of the proposed dike, and further that the fifteen houses pertain to the list of 27 that were presented by the Urban Development Office.

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

APPROVE FINAL 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 final 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 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.

APPROVE FINAL 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 final 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 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.

APPROVE FINAL PLAT OF REPLAT OF LOTS
8 AND 9, BLOCK 3, BLAIR-SATROM-BAUKOL ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Rusty Wysocki for final approval (fast track) of a Replat of Lots 8 and 9, Block 3, Blair-Satrom-Baukol Addition to the city of Grand Forks, North Dakota (located at 1619 and 1623 Rider Road), 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.

APPROVE FINAL PLAT OF REPLAT OF LOT 2,
BLOCK 1, PERKINS SECOND ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Dan Stauss on behalf of Hampton Corporation for final approval (fast track) of A Replat of Lot 2, Block 1, Perkins Second Addition, Grand Forks, North Dakota (located south of 32nd Avenue South between South 31st Street and South 34th Street), 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.

APPROVE CONDITIONAL USE PERMIT FOR UNIVERSITY
LUTHERAN CHURCH TO OPERATE CHILD CARE CENTER
ON LOTS 1 AND 2, BLOCK 2, KELSEY'S SECOND
ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Pastor Tom Colenso on behalf of University Lutheran Church for approval of a conditional use permit to operate a child care center on Lots 1 And 2, Block 2, Kelsey's Second Addition to the city of Grand Forks, ND (located at 2122 University Avenue), and recommended approval of the conditional use permit and subject to the 15 conditions identified in Section 18-0209(2)(C) of the Land Development Code and subject to site plan review comments.

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 CONDITIONAL USE PERMIT J.R. SIMPLOT
FOR STORAGE OF HAZARDOUS AND NON-HAZARDOUS
MATERIALS

The Planning and Zoning Commission reported having considered the matter of the request from Al Petkou on behalf of the J.R. Simplot Company for approval of a conditional use permit for the storage of hazardous and non-hazardous materials as permitted in the I-2 (heavy Industrial) District, Section 18-0219(3)(E) of the Land Development Code, on Lot 7, Block 1, State Mill Addition (located south of Bacon Road between North Washington Street and Mill Road), and recommended approval of the conditional use permit subject to site plan review comments.

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 VACATION OF ALLEY LYING IN BLOCK 27,
TOWN OF GRAND FORKS

The Planning and Zoning Commission reported having considered the matter of the request from the City of Grand Forks, the Parking Authority and other s for approval of a resolution to vacate all of the alley lying in Block 27, Town of Grand Forks, North Dakota, except that portion lying adjacent to Lots 1 through 6 of Block 27 (located between DeMers Avenue and Kittson Avenue and between South 4th Street and South 5th Street), and recommended approval subject to a utility easement for existing utilities until such time as they are relocated and/or abandoned and subject to maintaining an access drive from the end of the remaining dead-end alley to South 5th Street; and approval subject to receiving a petition signed by all property owners Adjoining the right of way to be vacated.

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 VACATION OF CUL-DE-SAC OR TURN AROUND
LYING WITHIN BLOCK 31, TOWN OF GRAND FORKS

The Planning and Zoning Commission reported having considered the matter of the petition from the city auditor on behalf of the City of Grand Forks and from Patti Eider on behalf of TECCO Company, a partnership, for approval of a resolution to vacate all of the cul-de-sac or turn-around lying within Block 31, Town of Grand Forks (D.T.) ND not previously vacated, said cul-de-sac or turn-around, as platted in the plat of the Town of Grand Forks, adjoins Lots 1, 2, 5, 6, 7, 8, 9, 10, 11 and 12, Block 31 and is located between Kittson and Bruce Avenue and between South 3rd and 4th Streets, and recommended approval subject to a utility easement for existing utilities until such time as they are relocated and/or abandoned and subject to an access easement for the use And enjoyment of all the property owners within the subject block; and approval subject to receiving A petition signed by all property owners adjoining the right of way to be vacated.

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 REGULATIONS
RE. OFF-STREET PARKING AND LOADING AS IT RELATES
TO STALL WIDTHS AND DEPTHS

The Planning and Zoning Commission reported having considered the matter of the request from Johnson Laffen Architects on behalf of the Grand Forks Corporate Center Development for preliminary approval of an ordinance to amend the Land Development Code, Article 3 (Rules and Regulations), Section 18-0302 (Off-street Parking and Loading), subsection 14 (Off-Street parking) as it relates to stall widths and depths, and recommended preliminary approval of the ordinance amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for July 6, 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 Sande introduced an ordinance entitled "An ordinance to amend the Land Development Code, Article 3 (Rules and Regulations, Section 18-0302 (Off-Street Parking and Loading), subsection 14 (off-street parking) as it relates to stall widths and depths", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN SOUTH PINES PUD ALL THAT
PORTION OF EAST HALF NW QUARTER SECTION 27,
T151N, R50W OF 5TH P.M.

The Planning and Zoning Commission reported having considered the matter of the request from Tim Crary on behalf of Crary Development and Grand Forks Christian School for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) District and the A-2 (Agricultural Reserve) District and to include within the South Pines PUD (Planned Unit Development) District, all that portion of the East Half of the Northwest Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian, more specifically described as being bounded on the north by 47th Avenue South, on the east by Cherry Street as platted in TJ's Addition to the city of Grand Forks, bounded on the south by the south line of Lot 3, Block 1, TJ's Second Addition to the city of Grand Forks, ND and bounded on the west by the west line of said East Half of the Northwest Quarter, and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduced the ordinance amending the zoning map and to set the date of the public hearing or July 6, 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 Sande introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to exclude from the A-1 (Limited Development) District and the A-2 (Agricultural Reserve) District and to include within the South Pines PUD (Planned Unit Development) District, all that portion of the East Half of the Northwest Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian, more specifically described as being bounded on the north by 47th Avenue South, on the east by Cherry Street as platted in TJ's Addition to the city of Grand Forks, bounded on the south by the south line of Lot 3, Block 1, TJ's Second Addition to the city of Grand Forks, ND, and bounded by the west by he west line of said East Half of the Northwest Quarter", which was presented, read and passed on its first reading.

COUNCIL MEMBER POLOVITZ EXCUSED

ACCEPT STATE AID FOR PUBLIC TRANSIT

The Bus Committee reported having considered the matter of approval of State Aid for Public Transit, and recommended approval and authorizing all proper City officials to sign documents (grant amount, $37,744).

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

APPROVE AGREEMENT FOR TRANSIT ADVERTISING
CONCESSION

The Bus Committee reported having considered the matter of approval of transit advertising concession agreement, And recommended entering into agreement with Trans Ad, Inc. for a period of three years with an additional two-year option, starting July 1, 1998.

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

APPROVE FY 1999 ANNUAL DBE/WBE GOAL

The Bus Committee reported having considered the matter of approval of DBE/WBE annual goal, and recommended approval of FY 1999 annual DBE/WBE goal of fifteen percent.

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

COUNCIL MEMBER POLOVITZ REPORTED BACK
REFER MATTER OF SOUTH END ALIGNMENT
BE REFERRED BACK TO COMMITTEE

The Flood Response Committee reported having considered the matter of south end alignment, and recommended alternative one and with appropriate investigation of the impact it would have by the COE - amended to read that the alignment does not butt right up to the property of the people in the Burke Addition so it stays to the west of it and before the final decision is made that council review the study information and before a final design is made the council review the design location.

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

Council Members Hafner and Carpenter asked that this matter be referred back to committee.

APPROVE AWARD OF BIDS FOR CORPORATE CENTER

The Flood Response Committee reported having considered the matter of Mortenson update as follows: #21 low bid of $701,800 by McFarlane Sheet Metal for heating ventilation, and air-conditioning of the Corporate Center, and Bid #23 low bid of $147,775 by Nova Fire Protection for fire protection sprinkler system for the Corporate Center.

It was moved by Council Member Bakken and seconded by Council Member Polovitz
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.

REFER REQUESTS FOR INCLUSION IN PHASE III
REHAB PROGRAM TO URBAN DEVELOPMENT COMMITTEE
FOR CONSIDERATION ON CASE BY CASE BASIS

The Flood Response Committee reported having considered the matter of citizen request for inclusion in Phase III Rehab Program, and recommended admittance to the Phase III and amended to read that any future requests with extenuating circumstances be referred to the Urban Development Committee to be handled on a case by case basis.

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

APPROVE FLOOD MITIGATION FOR POLICE DEPARTMENT
BUILDING

The Flood Response Committee reported having considered the matter of flood mitigation for Police Department building, and recommended approval of up to $28,000 for flood mitigation of the Police Department building.

It was moved by Council Member Bakken and seconded by Council Member Polovitz 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 REPLACING AND EXPANSION OF OUTDOOR
SIREN SYSTEM

The Flood Response Committee reported having considered the matter of replacing and expansion of outdoor siren system, and recommended purchase of the AC/DC siren system at a cost of $278,000.

It was moved by Council Member Bakken and seconded by Council Member Polovitz 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 BID PACKAGES FOR ABATEMENT OF BOUGHT
OUT PROPERTIES

The Flood Response Committee reported having considered the matter of Bid Packages #24-31 for abatement of bought-out properties, and recommended acceptance and approval of the following low bids for environmental abatement of bought-out properties: to EAS Bid Package #24 at $24,419, Bid Package #26, $14,057, Bid Package #28, $2,429, Bid Package #29, $5,112, and Bid Package #31, $6,493; and to MAAC Metro Bid Package #25, $7,367, Bid Package #27, $8,695, and Bid Package #30.

It was moved by Council Member Bakken and seconded by Council Member Polovitz 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 CENTRAL PARK AREA PILOT PROJECT

The Flood Response Committee reported having considered the matter of Residential Salvage Program, and recommended approval of the Central Park area pilot project.

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

APPROVE AMENDMENT TO UNMET NEEDS HOUSING
REHAB PROGRAM

The Flood Response Committee reported having considered the matter of Unmet Needs, and recommended an amendment to the Unmet Needs Housing Rehab Program to provide camp sites for volunteers coming in to assist with flood recovery.

It was moved by Council Member Bakken and seconded by Council Member Polovitz 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.

DENY REQUEST FOR PHASE III BUYOUT

The Flood Response Committee reported having considered the matter of citizen request for Phase III buyout by Armand L. LaFond, 1011 14th Avenue South, appeal for acquisition of property and/or part of Phase III rehab with grant forgiven immediately, and recommended denial of both requests.

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

Armand LaFond, 1011 14th Avenue South, stated he was here to appeal the decision of the Flood Response Committee not to acquire his house, that when the buyout phase first came out, he was signed up on very first page and was told that criteria was that would need 50% or more damage to have a buyout, and now told that terms 75% damage or more on lot size of less than standard size.

Mr. Swanson reported that the Phase III Program was originally approved at 50% or more damage to be eligible, and when acquisition occurred at 75% and those regulations were approved by council, that initial Phase I was not approved until July and not implemented until August of 1997, Phase III came significantly later than Phase I.

Keith Lund, Urban Development Office, reported that the Phase III Housing Rehab Program and Acquisition Program was presented to and approved by council at last meeting of 1997 with criteria of 75% of less than $45,000 pre-flood value and on less than standard 50 ft. lot for acquisition, and those homes that had taken out building permits to repair flood damage were also to receive rehabilitation offers because those homes were obviously repairable.

Mr. LaFond reported that neighbors only received basements full of water, but he had main floor damage and house not built to Code, it's level with the ground; that he had plans to sell his house to move and now can't sell his house because it had main floor damage in an area where no one else did and felt eligible for the rehab grant but would like that forgiven immediately and not to make another five-year commitment.

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

APPROVE JOINT POWERS AGREEMENT WITH COUNTY
OF GRAND FORKS

The Flood Response Committee reported having considered the matter of joint powers agreement, and recommended entering into a Joint Powers Agreement with the County, and when appropriate with the Parking Authority, for the transfer of properties (sites only) for the County office building and parking ramp, subject to approval by the city attorney's office.

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

Council Member Beyer questioned the agreement giving the County the land for the footprint of the County building, that previously the Mayor had drafted a letter to the County asking them if they were willing to swap Fairgrounds land for that, never heard back from them, and now to demolish the buildings and give them the land and also give them a parking ramp, doesn't want to slow down the construction of the building, but doesn't want to be taken advantage of; need to have discussion with the County about that land, that we need a new impound lot, etc. and lots of things could use that land for, move historical buildings out there.

Council Member Hagness stated that perhaps they should have talked to Fair Board rather than County Commissioners that has proper control of that property, that the Fair Board has looked at moving race track and fair out of town at cost of $2.5 million. Council Member Beyer stated she was under assumption that the County owns that land and she would like discussion to take place. Council Member Hafner stated they have very good faith in the County and that they would negotiate with City in the future if would like to use County fairgrounds for some other purposes. It was noted that this body hasn't approved building a parking ramp attached to the County office building and still have parking ramp issue that needs to be dealt with; and Council Member Beyer asked for separation of the parking structure from this agreement and land that parking structure would sit on, and then still have something to negotiate.

Mr. Swanson reported that if it's the council's intent not to act upon the parking ramp or to give any preliminary approval to the parking ramp the motion should be amended to delete any reference to the parking ramp; and with respect to the joint powers agreement, he had been led to believe that the lots described in paragraph 3 on page 2 of the agreement are only those lots necessary for the construction of the building itself, and lots for the parking ramp were removed from the joint powers agreement; and if intent of council is to separate the parking ramp and the building, the motion on the floor is now ambiguous as to intent, and recommend making that amendment if that's desire of the body.

Council Member Beyer stated that in the agreement it states that the footprint of the ramp and the ramp will be the Parking Authority's so then we wouldn't have any leverage with the County other than the structure that they would like us to build. Mr. Swanson stated that he didn't believe the City had acquired all of the property that has been identified for the use of the parking ramp, the title to the property that has been acquired now lies in the name of the City of Grand Forks and not the Parking Authority; in order for the council to convey that land to the Parking Authority, either formally or informally, will require council action, the Parking Authority can't automatically rely upon the ownership or use of the land without some delegation by this body. Mr. Swanson reported that the council has authorized the project for the County office building with combined City-County offices and already committed CDBG fund for that project, the ownership of the land is what is an issue here and that County believes that they need to have title to all of the property that the footprint of the building lies on for their bonding purposes. Mr. Swanson reported that presently the council cannot outright convey the land without placing it for public sale except through joint powers agreement. He also reported that the joint powers agreement before council has no references to the parking ramp, but motion appears to related the two to the project.

It was moved by Council Member Hafner and seconded by Council Member Klave to remove any reference to parking ramp in the motion. Carried 14 votes affirmative.

Upon call for the question as amended, 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 motion carried.

APPROVE 1999-2000 WAGE AGREEMENT

The Budget Framework Committee considered the matter of wage agreement and employee representatives and city council negotiators recommended for ratification the following wage agreement: 1) a 3.65% increase for full-time classified employees for calendar years 1999; and 2) a 3% increase for full-time classified employees for calendar year 2000; and 3) it is further agreed that the employees will continue to pay the 1997 health insurance premium increase and the employees will pay for any future increase in health insurance premiums in the calendar years 1999 and 2000.

It was moved by Council Member Hagness and seconded by Council Member Sande 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 PROPOSED CHANGE OF DEFINED BENEFIT
PLAN AND INTRODUCTION OF ORDINANCE TO CHANGE
PLAN

The Pension and Insurance Committee reported having considered the matter of change in defined benefit plan, and recommended to council adoption of the proposed change to the Defined Benefit Plan and the introduction of an ordinance to change the plan as follows: Assumed 8 1/4% discount rate, a 7 year final average salary (FAS), a 2.3% and 2.0% benefit calculation rate, contribution rates of 7.4% for age 55, 4.75 for age 62 and 3.7% for age 65, a 19 year amortization of the unfunded liability, and a City contribution of $901,000 city Contribution to increase annually with an assumed payroll growth of 4.5%

It was moved by Council Member Carpenter and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 13 votes affirmative; Council Member Babinchak voted against the motion.

Council Member Carpenter introduced an ordinance entitled "An ordinance repealing specified sections of Chapter VII of the Grand Forks City Code relating to retirement in general and pension plan”, which was presented, read and passed on its first reading.

APPOINT MEMBER TO DDC

Mayor Owens announced the appointment by President Hagness of Council Member Bouley to replace Council Member Beach on the Downtown Development Commission for the term expiring December 8, 1998. It was moved by Council Member Babinchak and seconded by Council Member Hamerlik to approve the appointment. Carried 14 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary for regular estimates in the amount of $100,778.65, Estimate Summary for flood projects in the amount of $446,215.00, and Estimates Summary for CDBG estimates in the amount of $972,121.13 for a total of $1,519,114.78, were presented and read.

It was moved by Council Member Klave and seconded by Council Member Hagness 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.

CANVASS RESULTS OF BIENNIAL CITY ELECTION
HELD IN CONJUNCTION WITH PRIMARY ELECTION
ON JUNE 9, 1998

The deputy city auditor presented canvass of the June 9, 1998 biennial election results as approved by the County Canvassing Board on June 12,1998: Document No. 7574.5 - Report.

It was moved by Council Member Hafner and seconded by Council Member Hagness to accept and file the canvass of the results of the June 9, 1998 biennial city election. Carried 14 votes affirmative.

DIRECT FILING OF OVERTIME HOURS FOR EXEMPT
EMPLOYEES

Committee No. 1, Finance, reported having considered the matter of overtime payment for exempt employees, and recommended to require employees to turn hours in by the 15th of the following month and any current delinquencies need to be turned in within two weeks after council approval, and to bring back no later than six months.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4654

Committee No. 3, Public Service, reported having considered the matter of Change Order #1 for Projects Nos. 4654.350 and 4654.351, cleaning of brick sewers, and recommended to approve the change order for additional cleaning in the amount of $61,760.00.

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

TABLE MATTER OF APPLICATION FOR GAMING PERMIT
BY GRAND FORKS BOARD OF REALTORS

Committee No. 2, Public Safety, reported having considered the matter of application for gaming permit, Grand Forks Board of Realtors for raffle on July 31, 1998, and recommended to deny the application.
It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved.

Council Member Sande reported that Jeanne Strande, Board of Realtors, was unable to stay at this meeting, and asked that this be held until the next council meeting - July 6.

It was moved by Council Member Beyer and Council Member Glassheim to table the matter. 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 Klave reported that there is a lot of discussion on bridges on the southend of Grand Forks, and speaking for the 5th Ward he is not in favor of either the 17th or 32nd Avenues locations, and neither are lot of residents; that there are better choices to be made and will bring to meeting with Planning and Zoning who will hear transportation plan.
2) Council Member Beyer presented request from Scott Dvorak on Circle Hills Drive, claim for water damage on main floor when cleaning storm sewer. The matter was referred to the City's insurance company.
3) Ciy Attorney Howard Swanson reminded council members that the City Code in Section 2-0201 sets forth how this body selects or determines its committee chairs and committee membership; that the council will elect its chairs of the four standing commitees in order of fiance, public safety, public service and urban development; that after the chairs are selected the chairs and the mayor then nominate membership for the committee and council ultimately approves the committee membership. It was also noted that the president and vice president of the council will be elected by the council at its organizational meeting.
4) Council Member Glassheim presented matter of trash at 209 North 6th Street, and asked that street department look at potholes in alley in continuation of 9th Avenue North across North 6th Street, deep potholes and would appreciate gravel and blading; and at same address if Health Department could look at trailer parked close to the alley and leaning around curve and unlicensed cars on side lot of 825 North 6th Street.

MAYOR OWENS RELINQUISHED CHAIR/PRESIDENT
HAGNESS PRESIDING

ADJOURN

President Hagness asked for a motion to adjourn. It was moved by Council Member Hamerlik and seconded by Council Member Hafner that we do now adjourn. Carried 14 votes affirmative.

Respectfully submitted,



Saroj Jerath
Deputy City Auditor
Approved:
_____________________________________
Patricia A. Owens, Mayor