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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, July 6, 1998

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, July 6, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 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.

APPROVE MINUTES MAY 4, 1998

Typewritten copies of the minutes of the council meeting of the city council held on Monday, May 4, 1998, were presented and read. It was moved by Council Member Klave and seconded by Council Member Lunak that these minutes be approved as read. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3716, 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 and passed on its first reading on May 18, 1998 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Owens 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 the ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

SUSPEND AGENDA AND CONSIDER ITEM RE. METROPOLITAN
LONG-RANGE TRANSPORTATION PLAN UPDATE

It was moved by Council Member Carpenter and seconded by Council Member Polovitz to suspend the rules and consider item 31 on the agenda, matter of Metropolitan Long-Range Transportation Plan update. Carried 14 votes affirmative.

Council Member Carpenter stated that because of dramatically divergent opinions of the Grand Forks and East Grand Forks sides, he believes it would be appropriate to allow a cooling off period on this and allow some further discussions to occur between the state level as well as the local level so that the leader-ship in the communities can work jointly together and moved to table consideration of this item. Council Member Hamerlik seconded the motion.

Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Bouley, Glassheim,
Carpenter, Beyer, Babinchak, Hafner - 8; voting "nay": Council Members Polovitz, Lucke, Lunak, Klave, Bakken, Martinson - 6. Mayor Owens declared the matter tabled.

ADOPT ORDINANCE NO. 3717, TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE 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 County, North Dakota", which had been introduced and passed on its first reading on May 18, 1998 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Owens 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 the ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3718, TO AMEND THE ZONING
MAP TO INCLUDE WITHIN COLUMBIA PARK SOUTH PUD,
CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL
OF COLUMBIA 21ST AND 25TH ADDITIONS, 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 and passed on its first reading on May 18, 1998, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Owens 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 the ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

TABLE ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN SOUTHERN ESTATES PUD, CONCEPT DEVELOPMENT
PLAN, THE SOUTH ONE-HALF OF NORTHWEST QUARTER,
SOUTHWEST QUARTER AND WEST ONE-HALF OF SOUTHEAST
QUARTER OF SECTION 21, TOWNSHIP 151 NORTH, RANGE
50 WEST OF 5TH PRINCIPAL MERIDIAN TO AUGUST 17, 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 and passed on its first reading on May 18, 1998, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

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 Planning and Zoning Commission reported having 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 South-east Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian (located between South 16th Street and South Columbia Road and between 36th Avenue South and 47th Avenue South), and recommended tabling and postponing the hearing until August 17, 1998.

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

ADOPT ORDINANCE NO. 3719, TO AMEND STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE 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 and passed on its first reading on May 18, 1998, and upon which public hearing was continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Owens 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 the ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3720, 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 its first reading on May 18, 1998, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Owens 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 the ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3721, AMENDING 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 public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Owens 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 the ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.

TABLE SECOND READING OF ORDINANCE TO CONVEY
SURPLUS PROPERTY TO NON-PROFIT ORGANIZATIONS
TO JULY 20, 1998

An ordinance entitled "An ordinance amending Section 2-0402(5) of the Grand Forks City Code relating to the sale of city property", which had been introduced and passed on its first reading on June 1, 1998, was presented and read for consideration on second reading.

Mr. Swanson reported that the intent of the ordinance is to allow the conveyance of both real and personal property to persons, organizations or entities involved in historical or architectural preservation.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim to table the second reading of the ordinance to July 20, 1998. Carried 14 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND THE LAND DEVELOPMENT
CODE RE. OFF-STREET PARKING AND LOADING, AS IT
RELATES TO STALL WIDTHS AND DEPTHS TO JULY 20

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 had been introduced and passed on its first reading on June 15, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration.

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 city auditor reported that the publication requirement was not met and will need to continue this public hearing to July 20, 1998. It was moved by Council Member Brooks and seconded by Council Member Babinchak that the public hearing and second reading of the ordinance be continued to July 20, 1998. Carried 14 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN SOUTH PINES PUD DISTRICT ALL THAT
PORTION OF E HALF NW QUARTER OF SECTION 27,
T151N, R50W OF 5TH P.M. TO JULY 20, 1998

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 descried 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", which had been introduced and passed on its first reading on June 15, 1998, was presented and read for consideration on second reading of the ordinance.

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 city auditor reported that the publication requirement was not met and will need to continue this public hearing to July 20, 1998. It was moved by Council Member Beyer and seconded by Council Member Klave that the public hearing and second reading of the ordinance be continued to July 20, 1998. Carried 14 votes affirmative.

APPROVE APPLICATIONS FOR MOVING PERMITS
FOLLOWING PUBLIC HEARINGS

The city auditor reported that the notice of public hearing on the applications for moving permits by a) Larry Brandvold to move a building from 602 Maple Avenue to 1801 7th Avenue North to be used as a garage, 2) Phillip Moore to move garage from 611 Plum Avenue to 205 Cottonwood Street to be used as a garage, and 3) Tim Lamb to move building from 3601 Lynwood Circle to 515 North 4th Street as a dwelling, had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the application for moving permit by a) Larry Brandvold to move garage from 602 Maple Avenue to 1801 7th Avenue North, b) Phillip Moore to move garage from 611 Plum Avenue to 205 Cottonwood Street to be used as a garage, and 3) Tim Lamb to move building from 3601 Lynwood Circle to 515 North 4th Street to be used as a dwelling, and recommended to approve applications, subject to the public hearings.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved, and further that the applicants be and are hereby authorized to move the buildings. Carried 14 votes affirmative.

CONTINUE PUBLIC HEARING ON RESOLUTION OF
NECESSITY RE. DETERMINATION OF PROTEST ON
PROJECT NO. 4796, PARKING DISTRICT NO. 11

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Parking District No. 11, Project No. 4796, installation of a parking ramp between South 4th Street and South 5th Street and Kittson and DeMers Avenues, had expired on June 18, 1998, and that he had received several written protests.

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

The city auditor reported that the bid date had been extended to August 11, 1998 and need to continue public hearing and extend protest period to August 13, 1998 after the bids have been received, and to continue public hearing to August 17, 1998. It was moved by Council Member Babinchak and seconded by Council Member Beyer to extend the protest period to August 13 and continue public hearing to August 17, 1998. Carried 14 votes affirmative.

REPORTS OF OFFICERS

The city auditor's financial management report on cash balances through May 31, 1998 was presented and read. It was moved by Council Member Beyer and seconded by Council Member Babinchak that this report be received and filed. Carried 14 votes affirmative.

The city auditor's report on the City's investments for period ending June 30, 1998 was presented and read. It was moved by Council Member Klave and seconded by Council Member Polovitz that this report be received and filed. Carried 14 votes affirmative.

REPORT OF BOARD OF 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, June 4, 1998, that notice had been published as required and that the following appeals were heard: 1) John and Sharon Bredemeir, 1719 2nd Avenue North, request for variance to the impervious surface area requirements to move a detached garage onto the property, with variance to allow 45% impervious surface area to move a detach garage to the property; 2) Robbie Johnson, DeMers Stor-All, 1703 DeMers Avenue, request for variance to the lot area, lot depth, impervious surface area, and rear yard setback requirements to leave an existing home on site, request to be held until next meeting, and Jerry Waletzko, made favorable comments re. granting the variance to allow the house to remain; 3) James Satrom, 1527 Cottonwood Street, request for variance to the side yard setback requirements to erect an addition to the dwelling, with variance to allow 5 ft. of side yard setback to construct an addition to the dwelling; 4) Al Petkau, J.R. Simplot Company, 2215 Bacon Road, request for variance to side yard and rear yard setback requirements to install storage tanks and distribution equipment, with variance to allow one foot of side yard setback and 5 ft. of rear yard setback to install storage tanks and distribution equipment.

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

APPROVE BILLS

Vendor Payment Listing No. 98-11, dated July 6, 1998, and totaling $3,053,124.44, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

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

APPROVE TEMPORARY AGREEMENT WITH CORPS OF
ENGINEERS FOR SPACE ON THIRD FLOOR OF CITY HALL
Committee No. 1, Finance, reported having considered the matter of leasing space on third floor to Corps of Engineers, and recommended that we enter into a temporary agreement with Corps of Engineers for leasing of space on third floor at $9.00 per sq. ft. for 1,000 ft., subject to approval by the city attorney as to the agreement.

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

APPROVE LEASE WITH NORTH DAKOTA HIGHWAY PATROL

Committee No. 1, Finance, reported having considered the matter of lease with North Dakota Highway Patrol for period July 1, 1998 through June 30, 1999, and recommended to approve the lease agreement.

Committee No. 2, Public Safety, reported having considered the matter of lease with North Dakota Highway Patrol for year ending June 30, 1999, and recommended to approve the lease agreement.
It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson -14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE REQUEST TO HOLD FORX FEST ON JULY 25

Committee No. 2, Public Safety, reported having considered the request from Central Business District Assn. to hold Forx Fest on riverbank area behind Chamber of Commerce on July 25, and recommended to approve permission and grant variance to the noise ordinance until 12:30 a.m.

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

CONSIDER MATTER OF TRAFFIC CONTROL AT INTER-
SECTION OF 14TH AVENUE SOUTH AND SOUTH 11TH
STREET

Committee No. 2, Public Safety, reported having considered the request for traffic control at intersection of 14th Avenue South and South 11th Street, and recommended to take some temporary measure to control that possible hazard existing.

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

APPROVE GRANT AGREEMENTS FOR HEALTH DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of grant agreements for health department: Maternal Child Health Grant Agreement for period July 1, 1998 through June 30, 1999, $75,532.00, and recommended to approve the grant agreement contingent upon review and approval by the city attorney.

Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health department: Tobacco Prevention and Control Grant Agreement for period July 1, 1998 through June 30, 1999, $20,000, and recommended to approve the grant agreement contingent upon review and approval by the city attorney.

Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health department: Children's Services Coordinating Committee for period July 1, 1998 through June 30, 1999, $7,930.00, and recommended to approve the grant agreement contingent upon review and approval by the city attorney.

Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health department: Children's Services Coordinating Committee, $13,967.00 for period July 1, 1998 through June 30, 1999, and recommended to approve the grant agreement contingent upon review and approval by the city attorney.

Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health
department: Occupational Health Nurse for 1998/99, $56,000.00, and Local Health Services for 1998/99, $40,178.00, and recommended to approve grant agreements, contingent upon final approval of the city attorney and the mayor's signature.

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

APPROVE BUDGET AMENDMENTS

A request for budget amendment for the health department (Tobacco Grant, Proj. 2030 1) in the amount of $7,936.00 to reflect grant agreement was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson to approve the budget amendment. Carried 14 votes affirmative.

A request for budget amendment for the health department (Communicable Disease, Proj. #2029 1) in the amount of $13,967.00 to reflect grant was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson to approve the budget amendment. Carried 14 votes affirmative.

A request for budget amendment for the police department in the amount of $8,000.00 to reflect revenues from the Narcotics Task Force Grant for 1998 was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson to approve the budget amendment. Carried 14 votes affirmative.

A request for budget amendment for the police department in the amount of $1,150.00 to reflect contribution from Borrowed Bucks for bicycle purchase was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson to approve the budget amendment. Carried 14 votes affirmative.

APPROVE REQUEST TO HOLD GRAND PASTA PARTY
ON THE PRAIRIE ON AUGUST 22

Committee No. 2, Public Safety, reported having considered the matter of request to hold Grand Pasta Party on the Prairie and variance to the noise ordinance on August 22, 1998, and recommended to approve variance to the noise ordinance until 12:30 a.m.

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

DECLARE CERTAIN EQUIPMENT IN SOLID WASTE
MANAGEMENT DEPARTMENT AS SURPLUS

Committee No. 3, Public Service, reported having considered the matter of surplus equipment by Solid Waste Management (1965 American crane and 1997 Chev. single-axle truck chassis), and recommended that this property be declared surplus and to advertise for sale.

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

REFER REQUEST FOR FINANCIAL SUPPORT FOR
RECYCLING EDUCATION PROGRAM BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of request for financial support for recycling education program, and recommended to authorize $22,134.00 for the program, contingent upon school district giving approval to do the program, and contingent upon receipt of the Bremer grant funds.

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

Council Members Hafner and Klave asked that this matter be sent back to committee for further consideration.

AUTHORIZE STAFF TO DO RFP FOR ENGINEERING
SERVICES TO REPLACE OUTDOOR SIREN ALERT SYSTEM

Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services to replace outdoor siren alert system, and recommended to authorize staff to do RFP for engineering services for the warning system, and that engineering services would apply CDBG money if project approved.

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

APPROVE ROADWAY AND UTILITY EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of roadway and utility easement for Lift Station #38 and Forcemain Project No. 4439, located at 40th Avenue South between South Columbia road and Ruemmele Road, for and in consideration of the sum of $1.00, Perkins & Parker, grantor, and recommended to approve easements and authorize proper City officials to execute the documents.

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

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement for Sanitary Sewer Project 4519, for installation of sanitary sewer located at Cherry Street, south of 47th Avenue South, for and in consideration of the sum of $250.00 and other good and valuable considerations, Grand Forks Christian School, grantor, and recommended to approve easements and authorize proper City officials to execute the documents.

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

APPROVE BUDGET AMENDMENT
A request for budget amendment for the Public Works Department in the amount of $15,480 for implementing one-call system was presented and read. It was moved by Council Member Klave and seconded by Council Member Lunak that this amendment be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE ENTERING INTO AGREEMENT WITH PROPERTY
OWNERS AT APPRAISED FIGURES, PROJECT NO. 4669.3,
SOUTHEND DRAINWAY PHASE 2B

Committee No. 3, Public Service, reported having considered the matter of property acquisition for Project No. 4669.3 Southend Drainway Phase 2B, and recommended authorization to enter into agreement with land owners at appraised figures.

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

SELECT ENGINEERING CONSULTANT FOR PROJECT
NO. 4806, PAVING MILL ROAD, AND AUTHORIZE
NEGOTIATION OF THE ENGINEERING FEES

Committee No. 3, Public Service, reported having considered the matter of consultant selection of request for proposals for various projects: a) Project No. 4806, pave Mill Road from Gateway to Highway 81, and recommended to select proposal from KBM, Inc. and authorize entering into negotiations on the project.

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

SELECT ENGINEERING CONSULTANT FOR PROJECT
NO. 4807, PAVING SOUTH WASHINGTON STREET, AND
AUTHORIZE NEGOTIATION OF ENGINEERING FEES

Committee No. 3, Public Service, reported having considered the matter of consultant selection for request for proposals for various projects: Project No. 4807, pave South Washington Street from 40th to 47th Avenue South, and recommended to select proposal from KBM, Inc. and authorize entering into negotiations on the project.

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

APPROVE ENGINEERING AGREEMENT FOR PROJECT
NO. 4807, DESIGN FOR PAVING PORTION OF
SOUTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of design engineering agreement for Project No. 4807, paving South Washington Street with KBM, Inc., and recommended to approve agreement in the amount of $151,585.94, contingent upon engineering and city attorney's final review.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson -14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECTS NOS. 4838 AND 4837,
SEWER AND WATERMAIN TO NEW MIDDLE SCHOOL

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements for various projects, Amendment No. 3, design engineering, CPS, Projects 4838 and 4837, sanitary sewer and watermain to New Middle School on South 20th Street from 40th to 47th Avenues South, and recommended to approve Amendment No. 3, to the agreement in an amount not to exceed $31,300.00, contingent upon final review by city staff, and further that the project be allocated for CDBG funding for any shortfalls that DSR does not cover.

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

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4719

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement for various projects: Amendment No. 1, Webster, Foster & Weston, Project No. 4719, restore sanitary and storm sewer in Area 2, and recommended to approve Amendment no. 1 to the agreement in an amount of $100,000, and further that the project be allocated for CDBG funding for any shortfalls that DSR does not cover.

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

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4655.014

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreements for various projects: Amendment No. 2, Advanced Engineering, Project No. 4655.014, flood damaged assessment of street infrastructure, and recommended to approve the Amendment No. 2 to the agreement in an amount of $1,000, and project be allocated for CDBG funding.

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

APPROVE TWO-WAY AGREEMENT WITH GRAND FORKS
SCHOOL DISTRICT FOR PROJECT NO. 4800

Committee No. 3, Public Service, reported having considered the matter of two-way agreement for Project 4800, paving alley behind West School, and recommended to authorize entering into the two-way agreement with the Grand Forks School District.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4225.2, DISTRICT NO. 560

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4225.2, District No. 560, paving South Washington Street from 32nd to 40th Avenues South, and recommended to 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; And to refer this matter to the tri-chairs for review with strong recommendation that an alternate source of funding be found for the project, ie., CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lunak 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. 7576 - Resolution.

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

ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4225.2, DISTRICT NO. 560

The city auditor presented and read the engineer's report on Paving Project No. 4225.2, District No. 560: Document No. 7577 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4225.2, DISTRICT NO. 560

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7578 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS, AND ADVERTISEMENT FOR BIDS, PAVING PROJECT
NO. 4498, DISTRICT NO. 555

The city engineer's estimate of total cost of the construction of paving on 6th Avenue North from North 53rd to North 55th Street in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects: Project No. 4498, District No. 555, paving 6th Avenue North from North 53rd to North 55th Streets, and recommended that we pass a resolution approving the plans and specifications for this construction and further hat the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Klave and seconded by Council Member Lunak 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. 7579 - Resolution.

It was moved by 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 PROJECT
NO. 4790, COMPOST COLLECTION SITES

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects: Project No.4790, compost collection sites, and recommended to approve plans and specifications, and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4800, ALLEY PAVING

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects: Project No. 4800, paving alley behind West School, and recommended to approve plans and specifications.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS, AND ADVERTISEMENT FOR BIDS, PAVING
PROJECT NO. 4801, DISTRICT NO. 557

The city engineer's estimate of total cost of the construction of paving in Mighty Acres 2nd Addition in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects: Project No. 4801, District No. 557, paving in Mighty Acres 2nd Addition, 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 Klave and seconded by Council Member Lunak 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. 7580 - Resolution.

It was moved by 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 SPECIFI-
CATIONS, AND ADVERTISEMENT FOR BIDS, PAVING
PROJECT NO. 4823, DISTRICT NO. 558

The city engineer's estimate of total cost of the construction of paving North 6th Street from Fenton Avenue to Conklin Avenue in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects: Project No. 4823, District No. 558, paving North 6th Street from Fenton Avenue to Conklin Avenue, 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 Klave and seconded by Council Member Lunak 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. 7581 - Resolution.

It was moved by 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 SPECIFI-
CATIONS, AND ADVERTISEMENT FOR BIDS, SEWER
PROJECT NO. 4768, DISTRICT NO. 398

The city engineer's estimate of total cost of the construction of storm pump station #84 update in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects: Project No. 4768, District No. 398, storm pump station #84 update, 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, and to meeting CDBG requirements.

It was moved by Council Member Klave and seconded by Council Member Lunak 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. 7582 - Resolution.

It was moved by 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 PROJECT
NO. 4804, DOWNTOWN WATERMAIN REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects: Project No. 4804, downtown watermain replacement, and recommended to approve plans and specifications, authorize all for bids and to meet CDBG requirements.

It was moved by 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 WATERMAIN
PROJECT NO. 4832

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects: Project No. 4832, watermain on North 73rd Street north of Highway No. 2, Vern Gornowicz, and recommended to approve plans and specifications.

It was moved by Council Member Klave and seconded by Council Member Hafner 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.
4792, DISTRICT NO. 395

The city auditor presented and read tabulation of bids which had been received and opened on June 29, 1998 for Sewer Project No. 4792, District No. 395, storm sewer on North 10th Street and 2nd Avenue North, indicating that Soberaski, Inc. was low bidder based upon their bid in the amount of $24,075.00: Document No. 7583 - Bid Tabulation.

The city engineer's estimate of total cost on Sewer Project No. 4792, District No. 395, in the amount of $30,600.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4792, District No. 395, storm sewer on North 10th Street and 2nd Avenue North, and recommended to accept the low bid of Soberaski, Inc. in the amount of $24,075.00.
It was moved by Council Member Klave and seconded by Council Member Lunak 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. 7584 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lunak that this resolution awarding the contract for Sewer Project No. 4792, District No. 395, to Soberaski, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, WATERMAIN PROJECT NO.
4794, DISTRICT NO. 262, AND SEWER PROJECT NO.
4802, DISTRICT NO. 396

The city auditor presented and read tabulation of bids which had been received and opened on June 22, 1998 for Watermain Project No. 4794, District No. 262, and Sewer Project No. 4802, District No. 396, watermain and storm sewer on North 53rd Street and 12th Avenue North, indicating that Schipper Construction, Inc. was low bidder based upon their bids in the amounts of $39,745.00 and $35,875.00, for a total bid of $75,620.00: Document No. 7585 - Bid Tabulation.

The city engineer's estimates of total cost on Watermain Project No. 4794, District No. 262, and on Sewer Project No. 4802, District No. 396, in the amounts of $50,500.00 and $45,600.00, were presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Watermain Project No. 4794, District No. 262, and Sewer Project No. 4802, District No. 396, watermain and storm sewer on North 53rd Street and 12th Avenue North, and recommended to accept the low bid of Schipper Construction, Inc. in amounts of $39,745.00 and $35,875.00, for a total bid of $75,620.00.

It was moved by Council Member Klave and seconded by Council Member Lunak 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. 7586 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lunak that this resolution awarding the contract for Watermain Project No. 4794, District No. 262 and Sewer Project No. 4802, District No. 396, to Schipper Construction, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried and the contract awarded.

AWARD CONTRACT FOR PROJECT NO. 4826, REPAIR
OF FLOOD DAMAGED DRIVEWAY, SIDEWALKS AND BERMS

Committee No. 3, Public Service, reported having considered the matter of construction bids for various
projects: Project No. 4826, repair flood damaged driveways, sidewalks and berms, and recommended to accept the low bid of R & H Landscaping Construction in the amount of $37,205.00.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation awarding the contract to R & H Landscaping Construction be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried and the contract awarded.


AWARD CONTRACT FOR PROJECT NO. 4371, ACCESS
ROAD TO NEW WASTEWATER TREATMENT FACILITY

Committee No. 3, Public Service, reported having considered the matter of construction bids for various projects, Project No. 4371, access road to new wastewater treatment facility, and recommended to accept the low bid of Gowan Construction, Inc. in the amount of $160,223.60, contingent upon approval by the North Dakota Department of Health.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation awarding the contract to Gowan Construction, Inc. be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, SEWER PROJECT NO.
4463, DISTRICT NO. 387

The city auditor presented and read tabulation of bids which had been received and opened for Sewer Project No. 4463, District No. 387, storm sewer on South 42nd Street from DeMers Avenue to 17th Avenue South, indicating that Molstad Excavating, Inc. was low bidder based upon their bid in the amount of $698,855.50: Document No. 7587 - Bid Tabulation.

The city engineer's estimate of total cost on Sewer Project No. 4463, District No. 387, in the amount of $917,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4463, District No. 387, storm sewer on South 42nd Street from DeMers Avenue to 17th Avenue South, and recommended to accept the low bid of Molstad Excavating, Inc. in the amount of $698,855.50.

It was moved by Council Member Klave and seconded by Council Member Lunak 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. 7588 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lunak that this resolution awarding the contract for Sewer Project No. 4463, District No. 387, to Molstad Excavating, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson -
14; voting "nay": none. Mayor Owens declared the motion carried and the con-tract awarded.

APPROVE CHANGE ORDER FOR PROJECT NO. 4680

Committee No. 3, Public Service, reported having considered the matter of change orders for various projects: Project No. 4680, paving Congressional 1st Addition, Change Order #2 (add paving and street lights on North 53rd Street and street lights on 7th Avenue North), and recommended to approve change order in the amount of $240,734.60.

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

APPROVE CHANGE ORDER, PROJECT NO. 4439

Committee No. 3, Public Service reported having considered the matter of change orders for various projects: Project No. 4439, Lift Station 38, Schedule C, Change Order #2, and recommended to approve change order in the amount of $41,381.00.

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

APPROVE CHANGE ORDER, PROJECT NO. 4591

Committee No. 3, Public Service reported having considered the matter of change orders for various projects: Project No. 4591, Lift Station 29, Rehab., and recommended to approve change order in the amount of $724.43.

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

APPROVE CHANGE ORDER, PROJECT NO. 4782

Committee No. 3, Public Service reported having considered the matter of change orders for various projects: Project No. 4782, sanitary sewer repair on University Avenue, Change Order #3, and recommended to approve change order to extend time extension to July 17, 1998.

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

APPROVE CHANGE ORDER, PROJECT NO. 4225

Committee No. 3, Public Service reported having considered the matter of change orders for various projects: Project No. 4225, paving South Washington Street from Hammerling to 26th Avenue South, Change Order #5, and recommended to approve change order in the amount of $5,685.00.

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

APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 4797, SOUTHEND DEVELOPMENT

Committee No. 3, Public Service reported having considered the matter of agreement for engineering services for Project No. 4797, Southend Development, Greater Forks Engineering Group, and recommended to approve engineering agreement with Greater Forks Engineering Group, LLP to construct infrastructure improvements in the southend of Grand Forks, contingent upon the city attorney reviewing the agreement, and allocate CDBG funding.

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

APPROVE AMENDMENT NO. 1 TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4797.1

Committee No. 3, Public Service, reported having considered the matter of agreement amendments for engineering services for Project No. 4797, Southend Development, Greater Forks Engineering Group: Amendment No. 1, Project 4797.1, general construction, and recommended to approve Amendment No. 1 in the amount of $64,400.00, and allocate CDBG funding.

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

APPROVE AMENDMENT NO. 2 TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4836

Committee No. 3, Public Service, reported having considered the matter of amendment for engineering services for Project No. 4797, Southend Development, Greater Forks Engineering Group: Amendment No. 2, Project 4836, storm sewer on Belmont Road (Southend Drainway to 55th Avenue South), and recommended to approve Amendment No. 2 in the amount of $12,261.00 and allocate CDBG funding.

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

APPROVE BEAUTIFICATION FUNDING FOR CHAMBER
OF COMMERCE PROJECT
Committee No. 4, Urban Development, reported having considered the matter of beautification funds, project application from Grand Forks Chamber of Commerce landscaping, $25,000, and recommended to appropriate $25,000 for the project contingent upon approval of Planning Office and DDC

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

APPROVE REQUEST FOR EXTENSION OF RELOCATION
VOUCHER DEADLINE

Committee No. 4, Urban Development, reported having considered the matter of requests for extension of Relocation Voucher deadline, Robert Thompson, 1025 Lanark Avenue, and recommended to approve extension for sixty days.

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.

AUTHORIZE BIDS FOR ABATEMENT OF VIETS HOTEL

Committee No. 4, Urban Development, reported having considered the matter of authorization to bid abatement for Viets Hotel, 311 South 3rd Street, and recommended to call for bids for abatement of asbestos with alternate for lead-based paint.

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.

ACCEPT BIDS FOR VARIOUS CONTRACTS FOR CITY
CENTER MALL

Committee No. 4, Urban Development, reported having considered the matter of bidding and award of contracts for City Center Mall buildings: matter of bids for Bid Package 1, demolition of mall roof, and recommended to accept the bid of MTC, Inc. in the amount of $127,800.00.

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

Committee No. 4, Urban Development, reported having considered the matter of bidding and award of contracts for City Center Mall buildings: matter of bids for electrical and fire alarm system, and recommended to award Steinke Electric the bid for relocation of fire alarm in the amount of $9,900.00.

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

Committee No. 4, Urban Development, reported having considered the matter of bidding and award of contracts for City Center Mall buildings: and including 205 DeMers Avenue, 307 Kittson Avenue, 319-323 DeMers Avenue and 15 South 4th Street (Bill Larson Co. building), matter of bidding asbestos abatement of buildings, and recommended authorization to proceed with biding asbestos abatement of the buildings.

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.

Committee No. 4, Urban Development, reported having considered the matter of bidding And award of contracts for City Center Mall buildings: matter of Bid Package #3, utility restoration, and recommended to authorize call for bids.

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.

Committee No. 4, Urban Development, reported having considered the matter of bidding and award of contracts for City Center Mall buildings: (including 205 DeMers Avenue, 307 Kittson Avenue, 319-323 DeMers Avenue, and 15 South 4th Street), demolition of buildings (and include basement areas extending under sidewalks), and recommended to Authorize call for bids for building demolition.

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.

APPROVE BUDGET AMENDMENTS

A request for amendment of the Urban Development Office budget in the amount of $64,804.61 to record carryover (Noah's Ark Building), was presented and read. 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.

A request for amendment of the Urban Development Office budget in the amount of $1,031,678.00, cash carryover of 1997 to Growth Fund line items, was presented and read. 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.

DIRECT THAT PASTA PARTY PAY COSTS FOR
ELECTRICAL SETUP FOR EVENT

Committee No. 4, Urban Development, reported having considered the matter of request from Grand Forks Pasta Party to cover electrical costs for event, and recommended that the Pasta Party be billed for the cost of the electrical setup, if any.

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
APPROVE REVISED BID FOR SITE PREPARATION
WORK AND ALTERNATE 2, EVENTS CENTER

The Events Center Core Committee reported having considered he matter of contract reconciliation with Gowan Construction, and recommended that we accept and approve the revised bid of $1,043,730 from Gowan Construction for the site preparation work and alternate 2, the construction of a temporary laydown area for equipment.

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

APPROVE 1999 DEPARTMENT BUDGET

The Planning and Zoning Commission reported having considered the matter of the 1999 Planning and Zoning Commission budget, and recommended approval.

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

APPROVE FINAL PLAT OF REPLAT OF LOT 2,
BLOCK 1, CONGRESSIONAL FIRST RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the Director of Housing Authority, for final approval (fast track) of a Replat of Lot 2, Block 1, Congressional First Resubdivision to the city of Grand Forks, North Dakota (located north of 6th Avenue North between North 53rd and North 55th Streets), 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 Beyer that this recommendation be and is hereby approved. Carried 14 votes affirmative.

ACCEPT PETITION TO VACATE ACCESS CONTROL
LINE LYING ALONG SOUTH LINE OF LOTS 1 AND 2,
BLOCK 1, CONGRESSIONAL FIRST RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the petition from Director of Housing Authority and city auditor for approval to vacate all of the access control line lying along the south line of Lots 1 and 2, Block 1, Congressional First Resubdivision to the city of Grand Forks, North Dakota (north line of 6th Avenue North)(located between North 53rd and North 55th Streets), and recommended to accept the petition to vacate subject to proper signatures and to set the date of the public hearing for August 17, 1998.

It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for August 17, 1998. Carried 14 votes affirmative.

APPROVE CONDITIONAL USE PERMIT FOR MULTI-
FAMILY RESIDENTIAL IN AN R-2 (ONE AND TWO-
FAMILY RESIDENCE) DISTRICT

The Planning and Zoning Commission reported having considered the matter of the request from Randy Schold on behalf of MDI Limited Partnership #38 for approval of a conditional use permit for multi-family residential in an R-2 (One and Two-Family Residence) District as provided for in Section 18-0208, Subsection (3) Paragraph (D) of the Land Development Code, Lots 19 through 34, Block 1, Lincoln Park View Addition, Grand Forks, ND (located north of 13th Avenue South between Walnut Street and Cottonwood Street, being the former South Junior High at 1224 Walnut Street), and recommended approval.

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

ACCEPT PETITION TO VACATE SEGMENT OF NORTH/
SOUTH ALLEY LYING IN BLOCK 1, LINCOLN PARK VIEW
ADDITION

The Planning and Zoning Commission reported having considered the matter of the petition from MDI Limited Partnership #38 for approval to vacate a segment of the North/South alley lying in Block 1, Lincoln Park View Addition, Grand Forks, ND, more specifically described as abutting the southerly 20 feet of Lots 22 and 33 and all of Lots 23 through 32 of said Block 1 (located north of 13th Avenue South between Walnut Street and Cottonwood Street lying under the former South Junior High at 1224 Walnut Street), and recommended to accept the petition to vacate subject to proper signatures and subject to an easement for existing utilities until such time as they are removed, relocated or abandoned, and to set the date of the public hearing for August 17, 1998.

It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for August 17, 1998. Carried 14 votes affirmative.

INTRODUCE ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF SOUTHERN PINES ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Tim Crary on behalf of Crary Development for preliminary approval of the plat of South Pines Addition to the city of Grand Forks, ND, being a portion of the East Half of the Northwest Quarter of Section 27, Township 151 North of Range 50 West of the 5th Principal Meridian (located west of Cherry Street between 47th Avenue South and the Southend Drainway), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing or August 17, 1998.

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.

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

INTRODUCE ORDINANCE TO AMEND TEXT OF LAND
DEVELOPMENT CODE AND TO RECONSIDER ORDINANCE
NO. 3655, RELATING TO YARD REQUIREMENTS IN MOBILE
HOME RESIDENCE DISTRICTS

The City Planning and Zoning Commission reported having considered the matter of referral from the city council to reconsider Ordinance No. 3655, which amended Chapter XVIII, Land Development Code; Article 2, Zoning Regulations; Section 18-0212 R-5 (Mobile Home Residence) District, subsection (8) yard requirements; paragraph (A) relating to distances between units, and recommended tabling the referral until after a scheduled meeting on July 9, 1998, between the Presidents Park tenants and the park owners; later during the meeting, the Commission voted to reconsider the item at the request of the mayor, 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 August 3, 1998.

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.

Council Member Hafner introduced an ordinance entitled "An ordinance amending the Grand Forks City Code of 1987 as amended; Chapter XVIII, Land Development Code, Article 2, Zoning Regulations; Section 18-0212 R-2 (Mobile Home Residence) District, Subsection (8) Yard Requirements; amending paragraph (A) relating to distances between units", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO LAND DEVELOPMENT
CODE, RE. OFF-STREET PARKING AND LOADING

The City Planning and Zoning Commission reported having considered the matter of the request from the Planning Department for preliminary approval of an ordinance to amend the off-street parking and loading section of the Land Development Code, Chapter XVIII, Section 18-0302, subsection (14) off-street parking. This proposal was prepared at the suggestion of some Planning and Zoning Commission members following concerns with off-street parking requirements for selected land uses, and recommended preliminary approval of the ordinance amending the Land Development Code, to introduce the ordinance and to set the date of the public hearing for August 17, 1998.
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.

Council Member Hafner introduced an ordinance entitled "An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 2, Zoning; Section 18-0204, Rules and Definitions, subsection (2) Definitions and Chapter XVIII, Article 3, Rules and Regulations; Section 18-0302, Off-Street Parking and Loading, Subsection (14) Off-Street Parking", which was presented, read
and passed on its first reading.

APPROVE MODIFICATION OF PHASE IV BUYOUT

The Flood Response Committee reported having considered the matter of modification of Phase IV buyout, and recommended approval to purchase Phase IV properties from any title owner at the time the offer is made by the City.

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

AUTHORIZE CDBG FUNDING FOR DAMAGED PARKING
LOT (ARMY RESERVE CENTER) IF FEMA REIMBURSEMENT
IS NOT APPROVED

The Flood Response Committee reported having considered the matter of damaged parking lot (Army Reserve Center), and recommended approval for repair of $8,500 using CDBG funds, if FEMA reimbursement is not approved.

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

CLARIFY UNMET NEEDS HOUSING REHAB PROGRAM

The Flood Response Committee reported having considered the matter of amendment to Unmet Needs Housing Rehab Program, and recommended to approve clarification whereby non-profits can take applications through August 31, 1998 and would be given to the end of the year to complete the labor.

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

APPROVE CDBG PROJECT BUDGETS

The Flood Response Committee reported having considered the matter of CDBG project budgets, and recommended approval of line item expenditures for five sub-projects for the total for the 1998 budget of $60,010,184.

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

REAFFIRM POLICY FOR BERM REPAIR

The Flood Response Committee reported having considered the matter of berm repair, and recommended that we reaffirm the policy that has been in place since the flood, that the City is responsible only for flood fight damage, and the homeowner is responsible for debris removal related damage.

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

ACCEPT BIDS FOR VARIOUS PROJECTS

The Flood Response Committee reported having considered the matter of kitchen equipment bid for the civic auditorium, and recommended acceptance of low bid by Dakota Food Equipment for $82,177.

The Flood Response Committee reported having considered the matter of walk-in coolers bid for the civic auditorium, and recommended acceptance of the low bid by St. Cloud Restaurant Supply for $13,862.

The Flood Response Committee reported having considered the matter of residential demolition bid package #8, and recommended acceptance of low bid by Florian & Sons Excavating for $215,344.

It was moved by Council Member Carpenter and seconded by Council Member Glassheim that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motions carried.

APPROVE CHANGE ORDERS FOR CORPORATE CENTER,
CIVIC AUDITORIUM AND RESIDENTIAL DEMOLITION

The Flood Response Committee reported having considered the matter of change orders for corporate center, civic auditorium and residential demolition, and recommended approval of a deductive change order for corporate center in the amount of $4,050, Molstad Excavating, contractor; approval of a deductive change order for corporate center in the amount of $25,000, Construction Engineers; approval of a change order for corporate center in the amount of $37,886, Fargo Tank and Steel; approval of a change order for civic auditorium in the amount of $6,405, Klemetsrud Plumbing and Heating; and approval of a change order (residential demolition added to bid package #6) in the amount of $4,500, Zavoral & Sons.

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

The Flood Response Committee reported having considered the matter of change order for demolition and site prep. of the corporate center and recommended approval of change order in the amount of $55,844 to Robinson Excavating.

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

CONSIDER LEASING OF PHASE IV PROPERTIES

The Flood Response Committee reported having considered the matter of leasing of Phase IV properties, and recommended approval of Phase IV leaseback program to include preference to the current occupant for the first right of refusal.

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

Council Member Hafner reported that Phase 1A should have been added to the motion, and moved an amendment to include Phase 1A; the motion was seconded by Council Member Bakken.

Council Member Polovitz questioned whether property taxes would be paid by the lessee. Mr. Swanson reported that by State law once the City acquires title to the real estate it becomes exempt from taxation to the extent that the lessee acquires a leasehold interest that is taxable, that portion of the tax would be paid by the lessee; and in essence there will be a tax due but it may not be the equivalent tax that was due if the property owner retained possession and ownership of it. A leasehold interest is typically less than a fee title interest; and amount of tax determination for the city assessor to determine what the leasehold interest is in each particular location.

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

Upon call for the question, as amended, the motion carried 14 votes affirmative.

APPROVE ADOPTION OF SALVAGE POLICY WITH
DISCRETION BY STAFF TO MIX AND MATCH ITEMS
STATED IN PROPOSED FLOW CHART

The Flood Response Committee reported having considered the matter of residential disposition package (salvage policy), and recommended approval of the adoption of a salvage policy with discretion by staff to mix and match items stated in proposed flow chart.

It was moved by Council Member Carpenter and seconded by Council Member Glassheim that this recommendation be and is hereby approved.
Council Member Lunak asked if City was going to get into the rehab business. Council Member Hafner reported that the committee agreed to plan in principal and will discuss further and do not need final motion tonight.

Council Member Martinson stated he has vital concern about rehabbing homes, cost is prohibitive, and should consider very carefully before continuing with this program, and questioned sale of houses in Congressional 1 and 2.

Council Member Bakken stated that the City has been rehabbing houses for a number of years to make affordable housing.

John O'Leary, Urban Development, reported that the Flood Response Committee approved the process in principal with details to be worked out in subsequent meetings. He stated there are several things that need to be clarified, that of the houses in Richards West there are about 75 houses that were built and about 50 have been sold, that one of the major problems there is that trying to put in houses concurrently
with putting in streets and that is difficult situation, and that those houses are moving at a rate where expected them to be selling. He stated that the Office of Urban Development and city council have been rehabbing houses for 15 years, have rehabbed in 10-year period prior to the flood over 600 houses in the city and over 900 housing units for rental using Home and CDBG funds, and are by far the most experienced rehab agent in the city of Grand Forks, however, the issue before council tonight and in future meetings is whether or not you want to get involved in the rehab of these homes because that's purely a policy decision. He stated that if decide to rehab, have a staff that know what they are doing, knows how to comply with federal regulations and knows how to manage contracts like this, that they are rehabbing 50-60 houses every year which are major rehab projects, and that's about what talking here in houses that were flood damaged. He stated they believe about 50 of these are rehab candidates and could be put back on the housing market and be useable housing stock. He stated that the council has an obligation to expend 38% of these funds to benefit low and moderate income people, and have an obligation under the grant agreement with HUD to comply with historic preservation rules, the rehab of these houses would do both of those things - help low and moderate income people into affordable housing and also preserve those choice historic properties that are damaged but not destroyed by the flood. He stated those are two good reasons to do it, and experience have with staff brings real professionals to the table.

Council Member Hafner reported that a number of these houses didn't have first-floor damage, seems wasteful to tear down house that's basically whole, which only has basement damage, when this is only kind of house some people can afford.

Council Member Beyer asked if they approve this program, would they be able to sell houses as they are, and it was noted that they can sell the houses; and if can list some of these properties for sale and some are sold, but remainder of houses could be rehabbed by the City.

Council Member Martinson stated concern that City in free enterprise system, and asked why they couldn't consider taking these houses and putting up for bids to the private sector, let them rehab and resell them; and stated he was getting some misinformation, that he was told by one of the staffers that only 2 houses had been sold in Congressional 1 and 2, and asked where discrepancy is. Mr. O'Leary stated if he would like to visit about this tomorrow they could do this.

Mr. O'Leary reported that houses of $120,000 with cut-off point, there are houses above that where you're probably not going to get an affordable unit when finished rehabbing, and discussion in Flood Response is that part of these houses could be rehabbed and made available to moderate income families, more expensive houses could be put on the market, sold as is, rehabbed through private sector, through contractors, entrepreneurs, etc. Council Member Bakken reported that the volunteer groups have taken a keen interest in this project and willing to have volunteers working on them through the winter to rehab houses and keep the costs down so make affordable home.

Mr. O'Leary stated that they looked at whole process of buyout as the original purchase price of the house and worked on formula as to cost obviously won't recoup the original purchase price, that much of the loss they saw in these houses was done in finished basements and could rehab house without refurbishing the basement. Mr. O'Leary reported staff person is using market conditions, looking at bids that are coming in at today's prices but probably won't know for sure until bid first houses, that they are proposing to bid these on a turn-key, where have staff person write up job description (what has to be done to house to put another family back into it) and what's the bid and time frame so dealing with one contractor and he would line up work. Mr. O'Leary reported that if a house is in the flood plain and sustained more than 50% damage and couldn't get a building permit unless agreed to floodproof their
house some property owners opted not to do that because not cost effective.

There were concerns by council relative to putting all houses up for sale and not only those over $120,000 and whether this plan would delete that option. Mr. O'Leary reported they would have option to go back to the Flood Response Committee and could put all houses out for bid, and if want to change the $120,000 could do that, that on the $120,000 they backed this in on the affordability test and number of issues that came up was that they don't have any affordable housing in Grand Forks, and this is market they are trying to focus on, that they can't build a new house for $75,000, City can't and non-profits can't, and nobody can for profit venture, but these houses could rehab for $20 or $30-$40,000 and put back on market and sell them and would be affordable housing. He stated whether cut-off is $120 or $110,00 or some other number is arbitrary.

Council Member Hafner stated with this much discussion he would ask that this go back to the Flood Response Committee; no one from the committee agreed to this.

Mr. O'Leary reported that each of the rehabs involve different levels of activity, if a house has sustained substantial damage and is in the flood plain, would have to elevate house, but in some examples talking about houses that are on the wet side of the dike with only basement damage and cost of relocating that house to another site would be included as part of the rehab.

Council Member Carpenter stated he had some concern that some members didn't think there were clear motions before us, that committee moved to have a rehab program which was approved; committee moved that they would not rehab any houses with a purchase price over $120,000, which was approved; that they moved that rehab at 2/3rds the purchase of the house and land and go into City rehab program and was approved by committee. He stated these wouldn't be rehabbed by the City, but will be turning this property over to a non-profit whether Habitat for Humanity or Grand Forks Homes or some other identified non-profit; that the idea of having this program is to control more of the time table when it gets done versus selling it and let it sit for long time, so that the City can control much more readily the ability to have this be single-family, owner occupied housing, instead of rental so that it is affordable and that was something heard during the entire campaign, affordable housing; and this is to assure that happens, and great concern by residents that need to get this done - either rehabbed or demolished.

Mr. O'Leary reported that neighbors who reinvested in their property following the flood, see these houses deteriorating and would to see them fixed or out of there; that talking about 35 or 40 houses that would be good candidates for this program. He stated that for the rehab there were going to be more houses than that above the $120,000 price range, but that's number of houses talking about. He stated that another concern is with historical houses, that they are going to continue to incur wear and tear being empty, vandals, etc.

Council Member Bouley stated that what she is hearing from her constituents who sold their houses, under pressure or that they couldn't get building permit, etc. it was not a voluntary buyout and now City is going to fix it and somebody else is going to live in it.

Earl Alberts asked if they had considered income variations of the population, how many people fit into categories of $120,000, $150,000 that can afford to buy these houses; questioned the sale of houses in
Congressional 1 and 2, and what demand there was for $120-140,000 houses.

Council Member Polovitz questioned whether City should be involved in this, thinks cleaner to tear houses down and have empty lot to move more in that's agreeable to the neighborhood and fits in; too many unanswered questions, whether there's market for these houses, and don't have legal questions answered yet, can we not sell to someone who's not going to rent them out, the intention not to have host of houses that become rental property. He also asked whether funds to rehab would be CDBG money.

Mr. O'Leary reported that money to fix up properties would come from a debt which would be incurred by the non-profit who would be in charge of the rehab of the houses and none involves allocation of CDBG funds, general funds or other sources of funds from the City. He stated that a non-profit would go out and incur the debt to rehab, perform the work, sell the house for at least as much money as it would take to pay off the debt and carrying charges for the rehab, that if funds left over turn funds back to the City; that profit from sale of house would come back to the City and go into program income. He stated they would utilize some of the vacant lots to move houses around to and would ask the City to donate that lot and allow that to happen, and that resource that would have been acquired by CDBG funds. He stated there are no new funds involved in this program. He also reported that they have looked at the median income of the city, the median income for the city of Grand Forks is little over $40,000, according to HUD and FHA and lenders, say that a $40,000 household can afford a house 2 to 2.5 times your gross annual income, but some of these families have a lot of debt, but that's general rule of thumb, and if looking at median family income a house of $80 to $100,000. He stated that houses under construction in Richards West are not intended to satisfy needs of all the housing issues in the city of Grand Forks, many of these families walked out of Lincoln with $40-50,000 of equity, finance at 4% interest through SBA note, their monthly payment going to be smaller that what paying before the flood but entire debt picture will be heavier.

Council Member Glassheim stated there are somewhere between 30 and 50 houses that could tear down and then put lots up for public sale so that someone can buy and build, but thinks this program which are adopting outlines to fulfill three obligations that we have; 1) City has obligation to take care of a certain amount of historic homes, have that obligation by contract, by federal law, want put back in right way and in the right place; 2) have obligation to existing neighborhoods and want neighborhoods protected which will do with this plan to make sure that houses in the right place and rehabbed; and 3) to do affordable housing, cannot build a new house in the $40-60,000 range, and do through existing houses that are rehabbed.

Council Member Lunak stated question isn't affordable housing, but whether City should get into the rehab business and has had calls opposing that.

The question was raised whether these houses included historical houses or whether that was a separate program, and it was stated that it doesn't specifically mention it here but many of the houses candidates for restoration are historic homes.

Nels Peterson, 2423 University Avenue, stated that he found building inspectors to be very helpful and that there are many problems in fixing up old homes, however, people take deep pride in their homes, that there's lot of people in his situation and lot of pride developed in having a home to work on.

A gentleman in the audience stated that City tried affordable housing in first and second Congressional and it didn't work out, cost overruns, etc. and price went out of range of lot of people's affordability, and this is ideal chance to get back those affordable houses, need houses that people can buy for their first house, that retired people can live in without taking new mortgage at outrageous house payments.

Council Member Babinchak asked that they split vote on this matter.

The city auditor read the motions: 1) approval of salvage policy with discretion by staff to mix and match items stated in proposed flow chart; 2) that the committee recommends approval to have a rehab program; 3) that committee recommends approval to not rehab those houses with a purchase price over $120,000; and to approve to rehab at 2/3rds of the purchase price of house and land and go into City rehab program.

Question No. 1 - matter of residential disposition package, the salvage policy, and approval of the adoption of a salvage policy with discretion by staff to mix and match items stated in the proposed flow chart. The motion was moved and seconded by Council Members Glassheim and Bakken. Upon roll call the following voted "aye": Council Members Lucke, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Hafner, Martinson - 10; voting "nay": Council Members Polovitz, Hamerlik, Lunak, Brooks - 4. Mayor Owens declared the motion carried.

Question No. 2 - matter of residential disposition package rehab program, the committee recommended approval to have a rehab program. Moved by Council Members Bakken and Carpenter. Upon roll call the following voted "aye": Council Members Lucke, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner - 9; voting "nay": Council Members Hamerlik, Lunak, Martinson, Brooks, Polovitz - 5. Mayor Owens declared the motion carried.

Question No. 3 - that the committee recommends in the rehab policy approval to not rehab those homes with a purchase price over $120,000, and to approve to rehab at 2/3rds of the purchase price of house and land, and go into the City rehab program. Moved by Council Members Carpenter and Bakken. It was asked that this matter be split into two votes.

Mr. O'Leary reported this program includes 25 houses and 10 of these are historically significant homes and no registered houses on this group, are still negotiating with State Historical Society, and if come back and talk to council about houses that cost more than $120,000 would hope to be able to apply same rules of thumb to the historic homes and put out on bids, that if acquired for more than $120,000 to determine what happens, would hope that historical homes would be treated similar to non-historic houses inasmuch as when finished, want someone to live there and be on the tax roles and be useful dwelling.

Motion to approve to not rehab houses with purchase price over $120,000. Upon roll call the following voted "aye": Council Members Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson, Brooks, Polovitz, Lunak - 14; voting "nay": none. Mayor Owens declared the motion carried.

Question No. 4 - motion for approval to rehab at 2/3rds of purchase price of the house and land and go into the City rehab program. Upon roll call the following voted "aye": Council Members Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson, Brooks, Polovitz, Lucke, Hamerlik - 14; voting "nay": none. Mayor Owens declared the motion carried.

Council Member Hamerlik stated that the motion was read - at 2/3rds but within contents, it was not above 2/3rds and assumed that's what was intended; not a specific amount at 2/3rds but not above 2/3rds.

APPROVE ALLOCATION OF FUNDING FOR CONSTRUCTION
OF BUILDING IN INDUSTRIAL PARK

The Flood Response Committee reported having considered the matter of allocation of $500,000 for
construction of building in the Industrial Park, and recommended approval of construction of a building in the Industrial Park with financing approved by the Growth Fund.

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

Council Member Hamerlik expressed concern about using CDBG monies to build another building and use it as collateral, realized that the offer was put on the table before it reached council. He stated the project is good but would like that money to come from somewhere other than from CDBG money, have many projects that could use the money for.

Council Member Carpenter reported this money is coming from allocated dollars in the cost matrix and from the $7 million economic development revolving loan funds is already budgeted within cost matrix and not a new allocation of dollars.

Pat Downs, Grand Forks Economic Development Corporation, stated that the ceiling Noah's Ark wasn't high enough for them to go into that building; that this does create jobs and employment opportunity for citizens in the community; and Grand Forks Economic Development Corporation is recipient of the dollars.

COUNCIL MEMBER BOULEY EXCUSED

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Brooks, Polovitz, Lucke - 10; voting "nay": Council Members Lunak, Martinson, Hamerlik - 3. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO CONTRACT FOR GATHERING
OF INFORMATION TO EXPEDITE THE IDENTIFICATION
AND RELOCATION OF HISTORIC PROPERTIES FROM
WEST SIDE OF THE LEVEE ALIGNMENT

The Flood Response Committee reported having considered the matter of need to expedite the identification and relocation of historic properties from the wet side of the levee alignment and recommended approval to enter into a contract with a person to be determined by staff discretion to gather the information to go proactively to expedite the identification and relocation of historic properties from the wet side of the levee alignment.

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

Lonnie Winrich, Grand Forks Historic Preservation Commission, stated he wanted to address council on this issue, that there isn't anyone more interested in expediting the relocation of historic properties than the members of the Grand Forks Historic Preservation Commission, but concern is that what is proposed here may not expedite relocation of those properties. The Grand Forks Historic Preservation Commission has worked with the information that it has received as quickly as possible in all phases of the mitigation agreements but major delays have come because of the requirements of federal law concerning mitigation agreements and because federal law involves the State Historic Preservation Officer in those mitigation agreements. The most effective strategy that has worked to this point is to give as much authority as possible to the local historic preservation commission, that expedited the bidding process for Phase 1 mitigation, expedited the selection of properties for Phase II mitigation and it expedited the decisions and construction of the corporate center downtown which was involved with the mitigation of two historic properties downtown; and urged the council to continue to support that strategy and to seriously question shifting of strategy to the use of a consultant at this point.

COUNCIL MEMBER BOULEY REPORTED BACK

Mr. O'Leary reported they have 25 to 30 houses that have been identified as historically contributing homes to these older neighborhoods, what they are asking consultant to do is provide technical assistance on putting specific houses on specific lots, and that going to have to defend this to those neighborhoods when make an announcement of relocation of houses but need good solid basis when make these decisions and defend to ourselves, the neighborhood and the National Trust and not sure have expertise locally and is not a reflection on Historical Commission.

The question was raised as to whether this person would be working with the Commission. Mr. O'Leary reported that the individual who has been working with them for the last number of months on inventorying what's out there, and if going to write specs. on how should preserve this house, and what has to be done to this house to mitigate it so that the historical integrity of the house isn't lost, sees individual working with Urban Development and Historical Commission. Mr. Winrich stated that the members of the Historic Preservation Commission are appointed because of their expertise in certain areas, have architects on the Commission, have historians, anthropologists, sociologists, and these are people with expertise in the areas necessary to identify and have been moving as quickly as get information, that there's meeting tomorrow where expect to identify houses in Phase IV which are priorities for moving and try to match them up with avail-able lots if they have that information; one of the things they have struggled with in the earlier phases and mitigation agreements for earlier phases is that they have often found themselves waiting for reports from the very consultant who is proposed for this study; that he is very thorough and expert in what he does but he takes his time; and his concern is that in hiring this particular consultant may slow down the process, and Historic Preservation Commission is very interested in expediting these issues and can do a good job of it.

Council Member Hafner stated that they have a time constraint on this person, either 10 days or 2 weeks to get the job done. Mr. O'Leary reported that 2 weeks would be ideal; and stated that the request before council is not to hire that specific consultant necessarily but to go out and negotiate a contract with the historic preservation consultant that would be able to provide these services. Mr. O'Leary stated that a lot of people have invested a lot of their money into preserving and renovating these older houses and are very concerned about preserving their neighborhoods, and for that reason need to work with those neighborhoods and think process out carefully and bring in right expertise.

Mr. Winrich stated that the Commission is willing to work with consultant, concern based on experience have had working with this consultant, and if motion is not necessarily going to hire this particular person, that's more palatable, and still thinks the expertise exists within the Historic Preservation Commission and Commission could do the job.

Upon call for the question, and upon roll call vote, the following voted "aye"; Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

MATTER OF REFERRALS TO COMMITTEES

Mayor Owens announced that she met with the four committee chairs and president of the council
relating to referrals to committee, that there are items on the agendas that could be handled by staff, and asked that if see these items on the committee agenda to use discretion to either send back to staff and/or not sending to council.

APPOINTMENTS TO VARIOUS COMMITTEES

Mayor Owens announced the appointment of Betty Lou Alberts and Harold Rohde to the Voluntary Acquisitions Appeal Board, and asked for concurrence in these appointments. It was moved by Council Member Babinchak and seconded by Council Member Carpenter to approve the appointments. Carried 14 votes affirmative.

Mayor Owens announced the appointment of Thomas Hagness and Council Member Hafner to the Planning and Zoning Commission and asked for concurrence in these appointments. It was moved by Council Member Bouley and seconded by Council Member Hamerlik to approve the appointments. Carried 14 votes affirmative.

Mayor Owens announced the appointment of Council Member Hafner to the County Planning and Zoning Board and asked for concurrence. It was moved by Council Member Martinson and seconded by Council Member Bakken that this appointment be approved. Carried 14 votes affirmative.

APPROVE ALTERNATE MUNICIPAL JUDGE

Mayor Owens announced the appointment of John E. Widdel, Jr. as alternate municipal judge, and asked for concurrence in this appointment. It was moved by Council Member Beyer and seconded by Council Member Hafner that this appointment be approved. Carried 14 votes affirmative.

MAYOR'S REFERRALS OF VARIOUS ITEMS

Mayor Owens reported that she would like to send the matter of the sale of the former public works garage on Mill Road back to the finance committee for further consideration.

Mayor Owens reported that she had written a letter to the Fairgrounds Board relative to using that property, that she met with the Board and several issues were discussed, and would not go into further detail until after the fair which ends on July 19; in the meantime she has asked Mr. O'Leary to hire someone to do borings there to see if feasible to look at as it was once a disposal site.

Mayor Owens referred the matter of the financial condition of the City Bus Department to the budget structure committee.

Mayor Owens announced that she attended the Red River Basin Board meeting in Grafton on Thursday and will hold meetings in Grand Forks at her asking and so will provide them space, either here in council chambers or at the civic, but their meetings will be the first Thursday of the month at 11:30 a.m.

MAYOR'S COMMENTS RE. FLOOD PROCESS

Mayor Owens brought up the matter of process used during the flood, that there was an indication that we have a rubber-stamp council and that the three tri-chairs were making the decisions. She stated that during first days of the flood they were at the Center at the University of North Dakota, and at that point had no water, no sewage disposal, and knew that we would be asking for HUD funds and had to let contracts, but the three most likely people were the three people that she put in place: Ken Vein, city engineer; John O'Leary, director of urban development; and John Schmisek, director of finance. She stated that they met every morning and at that point council people were with them as they came back to town. She reported that it has been staff's responsibility, both now and prior to the flood, to draft policies and programmatic suggestions to the council for consideration; and the council put in place and ratified the three tri-chairs along with the other department heads as needed; that this was team needed to get our allocation to work with her, bring details to Washington and needed expertise from these people; that flood response committee was put in place and never any policy decision made that didn't go through her or flood response and eventually council, unless committee action; the council's role has been to adopt policy and to oversee the implementation of the policies, that this is not to downplay the importance of our capable municipal staff at all levels, what changed after the flood was the urgency of our decision making processes, during every step of the way the council left their fingerprints on every policy and on every program. She stated that her tri-chairs did not make decisions on their own, they presented them because council needed to have something in front of them to work on. She stated that the implication that city council merely rubber-stamped whatever suggestions the staff brought forward is simply not true; that sometimes the council adopted suggested policies with little change, however, at other times major revisions were made as the council brought each new idea through the review process; some suggestions from staff were turned down. She stated that from all over the country they hear about comparisons of Grand Forks to other communities who might have experienced a similar catastrophe, FEMA, HUD, Economic Development and other officials compliment us on how quickly this community has responded and how well thought out our programs and policies have been. The city council and staff need to be proud of that achievement and so do the citizens of Grand Forks; that as mayor she is pleased with and proud of the response the city council and city staff have demonstrated, that we experienced the level of devastation unsurpassed in the mid-west and with few comparisons even on a national level, and need not apologize to anyone for our ability to land on our feet. In those early days after the flood she asked the citizens of Grand Forks to envision a community which will be bigger and better than the one we had, and are well on our way to achieving that vision and cannot help anyone totally, however, we are trying to jump-start as many programs as can under the guidelines that we are given. She stated that getting back to normal meant phasing out the tri-chairs but cannot thank those three people and other City employees and council enough because have worked as a team and without team effort wouldn't be where at; that she sent memo stating that the tri-chairs will be expanded, their work and work of entire group of department heads and city employees has been outstanding, but time to work toward getting items back into regular committees. She stated this will take a little time and should be able to do this as move toward fall, that flood response is in place until the end of August and at that point should be able to try to get things back into regular committees.

Mayor Owens stated she was bringing this to council because she feels a tearing apart within the community and they are a unit and need to stick together, as mayor, city council and staff and work together with the citizens to try to make our community come about in a positive manner, need to be there to respond to the citizens, not to think of power struggles, because it's not about power, it's about being there to do the very best that is in our power for our citizens and that's what elected to do and believe that the staff has far exceeded any expectations that she would have had at the very beginning and thanked all of them for that. She also stated that the city attorney has also had a heavy load as well. She stated that she wanted to comment on that and thank everyone, and keep on working, can disagree but still need to work toward common goals.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary for CDBG estimates of $430,140.50; Estimate Summary for Flood estimates of
$1,294,029.39; Estimate Summary for regular estimates of $1,516,729.24, for a total of $3,240,899.20, were presented and read.

It was moved by Council Polovitz and seconded by Council Member Hamerlik 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 Beyer and seconded by Council Member Klave to excuse Council Member Babinchak from voting on estimates to Duckstad Contracting. Carried 13 votes affirmative.

Upon call for the question on the motion and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak (except for those estimates for Duckstad Contracting), Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

REMOVE FROM TABLE THE MOTION REGARDING APPLI-
CATION FOR GAMING PERMIT FOR BOARD OF REALTORS

Council Member Beyer asked to remove from the table the matter of application for gaming permit by Grand Forks Board of Realtors, Council Member Bakken seconded the motion. Carried 14 votes affirmative.

Council Member Beyer reported that the public safety committee had considered the application for gaming permit by Grand Forks Board of Realtors, and had split vote by committee, that committee voted two to one to deny request that the Board of Realtors be recognized as being public-spirited (that they wanted to hold raffle on July 15 and in order to do that would have to be declared as being public-spirited, funds were to be placed in their general budget). It was reported that this was to be a one-evening raffle to raise money to do some advertising and promoting in the real estate guide, including Grand Forks Homes.

The motion to deny the application was before the council.

Mr. Swanson reported that the term "public-spirited" was a term selected by the North Dakota Legislature to be fairly broad and undefined category, has to be approved and designated by the council at being public-spirited, and does imply or suggest that there is some public purpose for the organization and the funding, but one of local discretion and if this body determines that an organization is or isn't public spirited, there is no other body that can override that determination, left to the discretion of the council. He also reported that the designation will apply to any future gaming requests that the organization might be interested in conducting; typically the questions in review is do they provide public membership or select category of membership, if select do they provide public education, information, program, materials or doing some for other than their own membership; those typically employed but not sole test.

Council Member Martinson asked to be excused from voting on this matter. It was moved by Council Member Glassheim and seconded by Council Member Hamerlik to allow Council Member Martinson to abstain from voting on this matter. Carried 13 votes affirmative.

After further discussion and upon roll call vote, the following voted "aye": Council Members Carpenter,
Klave, Beyer, Babinchak, Bakken, Hafner, Polovitz, Lucke, Hamerlik, Bouley - 10; voting "nay": Council Member Lunak, Brooks, Glassheim - 3; abstaining: Council Member Martinson - 1. Mayor Owens declared the motion carried and the request denied.

AUTHORIZE CALL FOR BIDS FOR CLAY REMOVAL
FROM SITE IN CONGRESSIONAL 2

Committee No. 4, Urban Development, reported having considered the matter of clay removal from pond and from street right of way to create a berm along the RR tracks on the south side of Congressional 2, and recommended to authorize taking bids on hourly amount for contractor to clean up clay from site, contingent upon checking with engineering department.

It was moved by Council Member Beyer and seconded by Council Member Polovitz 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 Carpenter presented the matter of black-top machine for street department because of many problems and which is slotted for next year's budget;
and referred to finance committee to see if could fund it this year so they can get their work accomplished. The matter of financing was referred to the finance committee with consideration to public service.
2) Council Member Glassheim reported that the matter of relocation vouchers will be discussed at urban development with implications for the whole southend project. Information.
3) Council Member Hamerlik asked if Melvin Pederson could make a few comments.
Melvin Pederson distributed two letters that he had received, that his insurance has been cancelled as of 8th of July so this is of immediate importance to discuss, that apparently the electrical inspector was concerned re. the electricity in his house as since the flood hasn't done much with wiring, the power has been turned off since the flood, and that the inspection people want to get the building permits completed and he had an electrical permit which has expired. He stated that over the years he has done a lot of electrical work, separated upstairs and downstairs and had it inspected, which it passed, and now since he tore out the walls in the basement the insurance agent (that he filed a claim as one of the floors was sagging) and insurance company stated that structurally unsound building, which isn't true and they didn't support last claim. He stated he had insurance agent come in and take pictures which were sent to the insurance company, they saw some wire hanging down; that later electrical inspector and insurance agent came over and as result insurance was cancelled. He stated he would like to ask for some support and have rebuttal to this letter (that power wasn't turned on in the house).

Bruce Melin, building inspector, reported that Mr. Pederson made an application to his insurance company to be reimbursed for sagging floor, the insurance company found that floor sagged because of construction that was demolished in the basement and at the same time the insurance company saw the amount of wire and electrical work being done in the basement and requested the electrical inspector to be there, they also requested a copy of his report and that report is what is in front of council, that on the electrical inspector's report the final sentence was a request to have Mr. Pederson hire an electrician to finish the electrical work.

Mayor Owens stated this is situation that the city council would not have control over, that staff would
need to work with him within the guidelines. Mr. Pederson stated that the power is off and how could there be any hazard, building is structurally sound.

Mr. Vein asked that they send this back to his department and they will work with him. Council Member Bakken suggested that if Mr. Pederson has some wiring problems, electrical or structural that need resolving, after inspection refer to Victory or volunteer groups to assist him.

APPROVE APPOINTMENT OF ASSISTANT CITY ATTORNEY,
CITY PROSECUTOR AND ASSISTANT CITY PROSECUTOR

Mr. Swanson asked council for the approval of appointment of assistant city attorney, city prosecutor and assistant city prosecutor, and that includes reappointment of John Warcup as assistant city attorney; a new appointment of Al Warcup as an assistant city attorney; reappointment of Dwight Kalash as city prosecutor and assistant city attorney; and reappointment of Gary Euren as assistant city prosecutor.

It was moved by Council Member Beyer and seconded by Council Member Bakken that the appointments be approved. Carried 14 votes affirmative.

4) Council Member Hafner presented the matter of bikepath crossing at 17th Avenue
at South 30th Street, where recently a young child was hit by a car. The matter was referred to the public safety committee.
5) Council Member Beyer referred to the public safety committee and the traffic engineer, the possibility of a stop sign at 40th Avenue South or 47th Avenue South (Belmont Road).

ADJOURN

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


Respectfully submitted,


John M. Schmisek
City Auditor

Approved:
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