Print VersionStay Informed
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 3, 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, August 3, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; absent: Council Members Polovitz, Carpenter - 2.

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

APPROVE MINUTES FOR MAY 18 AND JUNE 1, 1998

Typewritten copies of the minutes of the adjourned and regular meetings of the city council held on Monday, May 18, 1998 and Monday, June 1, 1998 were presented and read. It was moved by Council Member Klave and seconded by Council Member Babinchak that these minutes be approved as read. Carried 12 votes affirmative.

SUSPEND AGENDA AND CONSIDER MATTER OF
SHANNON WILSON STUDY

Mayor Owens asked because of large number of people in the audience relative to the matter of the Shannon Wilson study to suspend the agenda to hear that matter. It was moved by Council Member Hafner and seconded by Council Member Martinson to suspend the agenda to consider the matter of the Shannon Wilson study. Carried 12 votes affirmative.

Mayor Owens stated that she and staff have worked diligently during the last year to bring this community to where it is today, and proud of what they have done; however, that is not to say that they haven't made some mistakes or changed their minds as a community about how to accomplish their goals. She stated that on the recent issue with the consultants, Shannon and Wilson, there was a communications breakdown, have discussed and learned from that, that this project was handled like other projects over the past many years, however, the engineering department is given a lot of authority on those projects to carry forth with them after the policies and acceptance by the city council. She stated that this project affects many people's lives, are here to help people and never an intention not to get the second opinion from Shannon and Wilson Consultants and now time to move forward. She stated that she talked to Mr. Greg Fisher today from Shannon and Wilson and asked him to come back into the community, get us back on track and have him explain where he is at with the City, that it is a joint effort between the Corps of Engineers, Shannon and Wilson, and the City; he has agreed to come back August 13 and they will set a time for the meeting and everyone will be aware of that. She stated there will be a presentation to city council and she has a letter outlining twenty-one items for the scope of work and the cost of each of those items, and will review and determine where want to go. She stated that reps. of the Corps of Engineers will also be here to work on this as a team; Shannon and Wilson was hired because residents wanted a second person with expertise to review items that the Corps had done; that they are interested in saving homes and giving residents some comfort level that whatever the decisions are, that everything has been thoroughly reviewed and guarantees that. She stated that the one thing prevalent is that the Corps of Engineers is working very hard on the report that goes to Congress for the Water Resource Development Act, and that is what's taking all of their time and that is what the holdup has been, have to pursue funding or won't have a dike. She stated that Mr. Fisher was aware that this was being done and that there are some small things that he can do, and will discuss next week, and want residents here to ask questions and comment. She also stated that the Corps of Engineers do not have to accept what Shannon and Wilson proposed and has to be acceptable to them so people will be aware of that, but believes they are working in mutually agreeable manner at this point.

Tom Hagness stated that when Shannon and Wilson hired the City wanted to know if had a chance to save more homes, that when Shannon and Wilson study put on hold he was on council at that time and not aware of it. He stated that the reason they were put on hold should have been discussed with council, that staff chose to do this even though city council asked that Shannon and Wilson give a second opinion, and that they needed to share information with each other so that public felt confident and trust that the Corps was doing what was best they could do to save as many homes as possible, and because Shannon and Wilson would study and partner in any opinion given, now feels that trust is gone again. He stated that the second opinion wasn't a duplication of what the Corps was doing, but was with the collaboration with the Corps' findings and testings. He stated that he would encourage council to put Shannon and Wilson on again as soon as possible and to work with Mr. Vein and Shannon and Wilson to see that they are all part of the team partnering, and bring back trust and confidence in this project. He offered his services to assist in that process.

Hal Gershman, 517 Reeves Drive, stated that in the past year and some months, there have been many efforts in building confidence between City, Corps and citizens, that on various occasions the council has hired consultants to work with the Corps to help build that confidence, that as the Corps proceeds in studying the alternatives as proposed by Shannon and Wilson on April 30, that he believes it is critically important to have Shannon and Wilson involved at the very beginning of the study so that they can have input as to the assumptions and criteria that will be used in developing the data that will be used in deter-mining results of the study. He stated that when they heard that Shannon and Wilson was put on hold because duplicating the Corps' work, they became very concerned because they had expected Shannon and Wilson would be involved with that same work to insure that the assumptions and criteria going into the study would have a concurrent second look. He reported that the second to the last paragraph of the July 30, 1998 memorandum from Mr. Grotte to Mayor Owens and the city council stated and he quoted: "Our intentions are to have Shannon and Wilson involved in a technical review capacity to review geotechnical issues as they arise." He stated that he is convinced that a consultant cannot have much effect on the Corps' study after it is completed, and that it is critically important to put Shannon and Wilson back on the study with the Corps, and hopes that the two and one-half months delay has not destroyed that opportunity, and that reinstating Shannon and Wilson tonight is the only way to begin to regain confidence of citizens of city in this very painful process.

Mayor Owens stated that after talking with city staff and council residents can be assured that Shannon and Wilson will be back to do the work that they were hired to do, and council will have to address some of the costs as they proceed.

Mayor Owens stated she has packet of scope of work, and council members will receive copy of that which shows the twenty-one items. Council Member Beyer stated that the original contract was for approx. $80,000. Mayor Owens reported that Mr. Fisher had stated that they will be updating that so that could change.
Mr. Gershman stated that this afternoon he talked with representatives from the Corps of Engineers who stated there is no duplication of work and has no problem with having Shannon and Wilson being involved in all the work they do, that they would just as soon have somebody involved, and suggested that the City should ask the Corps for an opinion to continue the work with Shannon and Wilson in order to compliment the Corps' work for the final dike alignment, that council does have to define scope but Corps is ready to work with the City and have Shannon and Wilson there. He stated it isn't going to do us any good and none of them will believe anything if Shannon and Wilson is going to be given 2-3 days to review documents that deep, will happen as before, don't want that to happen any more.

Debbie Lloyd, 17 Sandy Hills, stated that in regard to expenditures of money, compared cost of consultant fees for this study and consultant fees with a streetscaping project in the downtown area, that she is for jump-starting the downtown, but it's time to put on hold some of the frills aside from basics of what need in our downtown. She stated that if talking $200,000, this is almost half of that amount and affects 195 families, not sure streetscaping really benefits all that many people, and half of that money could be put towards seeing whether save even 25 more homes if the cost ratio benefit is there. Mayor Owens stated that anytime the council reviews consultant fees, you weigh the cost-benefits and believes benefits are there to warrant having comfort when come to the end of this process. She stated they will look forward to having the consultant here on August 13.

ADOPT ORDINANCE NO. 3725, ZONING REGULATIONS
R-5 (MOBILE HOME RESIDENCE) DISTRICT, YARD
REQUIREMENTS, AMENDING PARAGRAPH RELATING TO
DISTANCES BETWEEN UNITS

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-5 (Mobile Home Residence) District, subsection (8) yard requirements: amending paragraph (A) relating to distances between units", which had been introduced and passed on its first reading on July 6, 1998 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from residents of Presidents Mobile Home Park for final approval of an ordinance to amend the Land Development Code as it relates to distances between units in an R-5 (Mobile Home Residence) District, and recommended denial of final approval of ordinance thus leaving the minimum spacing requirement at 15 feet. The recommendation had been moved and seconded by Council Members Martinson and Brooks.

There was some discussion re. status of the current ordinance (which had been changed on July 7, 1997 from 20 feet to 15 feet under Ordinance No. 3655). Council Member Glassheim stated that this had been 20 feet spacing for many years which seems for better living circumstances and for better layout and design of trailer parks; his understanding is that residents would be removed if not reduced to 15 ft. and asked why they wanted this changed to 15 ft.

Council Member Hafner stated that council voted to allow the 15 ft., that management of trailer parks rearranged some of the mobile homes and if change it now would be great expense.

Council Member Glassheim asked why stay with the 15 ft. if it makes for more decent housing stock for people at 20 ft. which it had been for many years; and that if someone had redesigned under the 15 ft. ordinance wouldn't that be grandfathered in and be allowed to stay at 15 ft.

Dennis Potter, city planner, reported that on differing setbacks, the mobile home park is really no different than the regular stick-built housing throughout the community, have a wide variety of setback requirements for houses within the city, within the mobile home park originally had 20 ft. and last year there was an issue to reduce to 15 ft. and that was done. He stated that in their research this time around were looking at helping safety issues, the State law which takes into account health and safety issues is 15 ft. and when reduced a year ago were in compliance with State law; and recognized that from living conditions stand-point go down to 15 ft. and the issue of reverting back to 20 ft. when reviewed it there were no health and safety reasons to go back to 20 ft., and staff recommended and Commission supported retaining it at 15 ft. He stated that grand-fathering doesn't work that well because if you have two homes 15 ft. apart, can remain, but if pull one out and want to put a new one in, have to go to 20 ft.

Council Member Glassheim stated that State law permits us to go to 15 ft., however, is that best distance for people to live apart or better to have a 20 ft. separation.

Council Member Martinson stated that the problem that's going to happen in relocating existing mobile homes in parks is that it's very costly item to relocate manufactured home because have to relocate water service, sewer, electrical and becomes a cost to the owners of the park, however, that will go back to the tenants, ie., in a lot rent increase; and that a lot of people that live in manufactured homes today are on a fixed income and to push for a 20 ft. now would mean an undue expense to those people who are on fixed income.

Mr. Swanson advised that the recommendation from all public safety departments were consistent with the 15 ft. separation, and if haven't received communication in the past, may in the future, from manufactured home manufacturers and sellers arguing that the federal law requires manufactured homes to be treated on a similar basis as other homes; in that regard your R-1 Zone requires setbacks as low as 14 ft. between R-1 residents and that was a consideration or portion of the discussion at Planning and Zoning, and that this brought the manufactured homes zones into almost uniformity with R-1 zones. He stated that so council aware of what vote will mean: a yes vote would mean that they were in agreement from changing the setback from the present 15 ft. to 20 feet, a no vote will mean that they are going to retain the 15 ft. setback.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Beyer, Bakken - 7; voting "nay": Council Members Lunak, Klave, Babinchak, Hafner, Martinson - 5. Mayor Owens declared the ordinance adopted.


ADOPT ORDINANCE NO. 3726, CHANGING MEMBERSHIP
OF CENTRAL BUSINESS DISTRICT AUTHORITY

An ordinance entitled "An ordinance amending Section 14-0102 of the Grand Forks City Code relating to the Grand Forks Central Business District Authority", which had been introduced and passed on its first reading on July 20, 1998, was presented and read for consideration on second reading and final passage.

Howard Swanson, city attorney, reported that previously the chair was appointed by the mayor, and request is and draft before council would amend that so the Authority itself would select among its members its chair, and other change in the draft of the ordinance was one massive paragraph and broken into sub-paragraphs for easier reading, and if in agreement that the body itself should select its chair, there should be a motion to amend the ordinance as introduced, otherwise in form for adoption.

It was moved by Council Member Beyer and seconded by Council Member Glassheim to amend the ordinance as recommended. Carried 12 votes affirmative.

Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting "nay": none. Mayor Owens declared the ordinance adopted.

SUSPEND AGENDA AND CONSIDER ITEM RELATING TO SMALL BUSINESSES
Mayor Owens again asked the council to suspend the agenda and to consider an item relating to small businesses. It was moved by Council Member Hafner and seconded by Council Member Lunak to suspend the agenda. Carried 12 votes affirmative.

Council Member Lunak reported that there were some businesses on South Washington and weren't on the agenda tonight and presented number of letters from businesses on South Washington to the mayor and council members, and wanted to tell them there are several programs in the making now but one from Urban Development will be drafted and done by the end of the week and Council Member Hamerlik has proposal and to let people know that working and trying to make things happen for the small businesses.

Council Member Hamerlik stated that it would seem reasonable for those people in the audience and others to tell them what process is going to be, that deadline is 5th of this month and will go to Flood Response and after that it will be either at a council meeting or committee of the whole, but Flood Response will meet on August 12 and that's time to be in support of or against. Council Member Hafner reported that Flood Response Committee did ask Terry Hanson of Urban Development to work on a proposal for a program for small businesses and that Mr. Hanson met with several businessmen for input, and are listening and will wait to see what proposal is. Mayor Owens reported these will be put in with requests for the August 12 meeting of Flood Response at 4:00 p.m.

COUNCIL MEMBER HAFNER EXCUSED

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 4498, DISTRICT NO. 555
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 555, Project no. 4498, paving on 6th Avenue North from North 53rd Street to North 55th Street, had expired on July 30, 1998, and that he had received no written protests.

Mayor Owens call for the public hearing to see if there was anyone present who had comments to make on this matter. There were none.

Council Member Martinson introduced the following resolution as to protests which was presented and read: Document No. 7602 - Resolution.

It was moved by Council Member Martinson and seconded by Council Member Klave that we do hereby find and determine an insufficiency of protest against Paving District No. 555, Project No. 4498, as no protests were filed and further that the resolution be and is hereby adopted. Carried 11 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
4498, DISTRICT NO. 555

The city auditor presented and read tabulation of bids which had been received and opened on Monday, July 27, 1998 for Paving Project No. 4498, District No. 555, paving 6th Avenue North from North 53rd to North 55th Streets, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $64,713.80: Document No. 7603 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4498, District No. 555, in the amount of $82,500.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4498, District No. 555, paving 6th Avenue North from North 53rd to North 55th Street, and recommended to accept the low bid of Valley Contracting Company in the amount of $64,713.80.

It was moved by Council Member Lunak and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Lunak introduced the following resolution which was presented and read: Document No. 7604 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Klave that this resolution awarding the contract for Paving Project No. 4498, District No. 555, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Martinson - 11; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 4801, DISTRICT NO. 557

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 557, Project No. 4801, paving in Mighty Acres Second Addition, had expired on July 30, 1998, and that he had received no written protests.

Mayor Owens call for the public hearing to see if there was anyone present who had comments to make on this matter. There were none.

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 7605 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest against Paving District No. 557, Project No. 4801, as no protests were filed and further that the resolution be and is hereby adopted. Carried 11 votes affirmative.

COUNCIL MEMBER HAFNER REPORTED BACK

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
4801, DISTRICT NO. 557

The city auditor presented and read tabulation of bids which had been received and opened on Monday, July 27, 1998 for Paving Project No. 4801, District No. 557, paving in Mighty Acres Second Addition, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $159,544.00: Document No. 7606 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4801, District No. 557, in the amount of $203,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4801, District No. 557, paving in Mighty Acres Second Addition, and recommended to accept the low bid of Valley Contracting Company in the amount of $159,544.00.

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

Council Member Lunak introduced the following resolution which was presented and read: Document No. 7607 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Klave that this resolution awarding the contract for Paving Project No. 4801, District No. 557, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.

DETERMINE SUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 4823, AND TERMINATE THE PROJECT
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 558, Project No. 4823, construction of pavement on North 6th Street from Fenton Avenue to Conklin Avenue, had expired on July 30, 1998, and that he had received written protest totaling 50% of the property in the assessment district.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter.

John Disse, 1620 North 6th Street, stated he was trying to get this assessment stopped in his neighborhood, the bid came in high, that he has three lots in the neighborhood and would end up paying for 25% of the cost, that his house valued in the high $30's, that this would be hardship on him if project goes through, would cost $18,000 to get road paved; that he is accepting job in Miami or in final hiring stages with the federal government with INS and needs to sell his home, and if assessment goes through, not likely that paving will increase value of his property anywhere near the $18,000 range. He stated he has vacant lot adjacent to his home that is valued at $5,000 and assessment for the property would be $6,000, that his house sits on two lots, and bring his payments up over $150/mo. He also reported that his neighbor across the street is Mark Brundin who was unable to be here, that he is handicapped and couldn't sit through this meeting, that he is on fixed income and bring his payments up $118/mo and cannot afford that. He also stated that the three property owners who signed the protest are shouldering 65% of the cost of the project but only 50% of the property area. He stated that there is concern in council re. affordable housing, that neighborhood has affordable housing now but if assessments go through, won't be as affordable to live there; that the street is fully functional, not very well traversed, no trucks, and little bit of dust which they can put up with for having affordable housing.

Council Member Hafner moved to terminate the project, and Council Member Martinson seconded the motion. Carried 12 votes affirmative.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4823, District No. 558, paving North 6th Street (Fenton to Conklin Avenues), and recommended to accept the low bid of Valley Contracting Company in the amount of $56,212.00, subject to final protest.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon call for the question and upon roll call vote, the following voted "aye": none; voting "nay": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12. Mayor Owens declared the motion denied.

CONTINUE PUBLIC HEARING ON DETERMINATION
OF PROTESTS ON PROJECT NO. 4795, PAVING
DISTRICT NO. 556

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 556, Project No. 4795, paving North 53rd Street between 10th Avenue North and 12th Avenue North, and 12th Avenue North from 53rd to 55th Streets, had expired on July 30, 1998 and that he had received no written protests.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter.

The city auditor reported that they would need to continue the public hearing and protest until August 17, 1998 as bids have been postponed to August 10, 1998.

It was moved by Council Member Glassheim and seconded by Council Member Babinchak to continue the public hearing on the protest until August 17, 1998. Carried 12 votes affirmative.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of June 30, 1998 was presented and read. It was moved by Council Member Glassheim and seconded by Council Member Brooks to receive and file the report. Carried 12 votes affirmative.

The city auditor's investment report as of July 30, 1998, was presented and read. It was moved by Council Member Glassheim and seconded by Council Member Babinchak to receive and file the report. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-13, dated August 3, 1998, and totaling $2,078,522.15, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

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

CONSIDER MATTER OF COMMUNICATION FROM RESIDUAL
MATERIALS, INC. RE. LAND TRANSFER, AND ASK
FOR FURTHER INFORMATION

Committee No. 1, Finance, reported having considered the matter of communication from Residual Materials, Inc. 222 Red Dot Place, re. land transfer, and recommended that we ask proper agencies to review and come back with prudent proposal.

Committee No. 3, Public Service, reported having considered the matter of land swap, wastewater/storm sewer yard west of proposed levee (Residual Materials), and recommended to send the matter back to staff for further consideration.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik that these recommendations be and are hereby approved. Carried 12 votes affirmative.

DECLARE CERTAIN COMPUTER EQUIPMENT AS SURPLUS

Committee No. 1, Finance, reported having considered the request to declare computer equipment excess property, and recommended that the listed equipment be declared surplus since it has had opportunity to be reused within the city.

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

APPROVE BUDGET AMENDMENT

A request from the Municipal Court for budget amendment in the amount of $40,000, prisoners board during flood which were not presented until late in the year, was presented and read. It was moved by Council Member Brooks and seconded by Council Member Hamerlik that this budget amendment be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE REINSTATEMENT OF ORDINANCES
SUSPENDED DURING FLOOD EMERGENCY

Committee No. 2, Public Safety, reported having considered the matter of reinstatement of suspended ordinances: Article 8, Parking, on-street, parking of trucks and motor homes, parking in excess of 24 hours, and portions that have been repealed, limited time parking, daily parking restrictions; Property Offenses: depositing litter and that vehicles be covered during hauling trash, the matter of abandoned property that allowed people to place property on berms without City considering it to be abandoned, noise control ordinance, and all in effect during cleanup and rehab operations: Health and Sanitation re. garbage, etc., and recommended to reinstate the ordinance that apply to this committee.

Committee No. 3, Public Service, reported having considered the matter of reinstatement of suspended ordinances: Chapter XIII, Health and Sanitation, Articles 4, 5 and 6 re. sanitation department; Chapter XV Waterworks & Sewerage System; Chapter XVI, Streets and Sidewalks; Chapter XIX, Buildings and Building Regulations, and recommended to authorize reinstatement of ordinances.

Committee No. 4, Urban Development, reported having considered the matter of reinstatement of suspended ordinances, and recommended to receive and file.

Committee No. 1, Finance, reported having considered the matter of reinstatement of suspended ordinances: Chapter XIV, Grand Forks Central Business District; issues re. water rates, wastewater rates, etc.; and recommended to reinstate suspended ordinances under our responsibility as drafted in consort with others by the legal counsel.

Committee No. 1, Finance, reported having considered the matter of reinstatement of suspended ordinances, and matter of Section IV Additional Authorization to Suspend Ordinances, and recommended to suspend Section IV of Ordinance No. 3644, additional authorization to suspend ordinances.

It was moved by Council Member Brooks and seconded by Council Member Hamerlik that these recommendations be and are hereby approved. Carried 12 votes affirmative.


APPROVE CONTRACT WITH U.S.WEST RE. INTERNET
SERVICES

Committee No. 1, Finance, reported having considered the matter of contract with U.S. West re. internet services, and recommended to approve installation subject to review by legal counsel.

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

Mr. Swanson, city attorney, reported that after the committee took action on this matter, he reviewed the proposed agreement by U.S. West, and that he has four basic concerns or objections to the agreement: 1) requires binding arbitration under certain rules that the City has typically not agreed to, the contract includes the limitation of warranty and includes the limitation of damages, and also provides the cohesion agreement or contract with U.S. West; however, there appears to be no other option for service provider that the City is in a position to accept, and his recommendation other than noting those concerns he has is to move forward and approve the contract.

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

CONSIDER MATTER OF REQUEST FROM METRO PLAINS
FOR FINANCING FOR REHAB OF SOUTH JR. HIGH
SCHOOL INTO SENIOR APARTMENTS TO PLANNING,
SET PUBLIC HEARING FOR SEPTEMBER 8, 1998

Committee No. 4, Urban Development, reported having considered the matter of request for inclusion into rental rehab program by MetroPlains Development, Inc. for South Junior High School building, and recommended to deny the funding from the flood rental rehab program.

Committee No. 4, Urban Development, reported having considered the matter of request for inclusion into rental rehab program by MetroPlains Development, Inc. for South Junior High School building, and recommended that the council allocate $363,000 loan from the matrix at this time.

Committee No. 3, Public Service, reported having considered the matter of easement for alleyway and utility easement for rehabilitation of South Junior High School, 1224 Walnut Street, for $1.00, grantor, MDI Limited Partnership, City of Grand Forks, grantee, and recommended to approve exchange that it will be a like exchange, quit claim deed for quit claim deed, and enter into agreement with MetroPlains that they will do snow maintenance on the alleyway, pending review and approval by the city attorney re. potential easements.

Committee No. 1, Finance, reported having considered the matter of request from MetroPlains for tax increment financing for rehabilitation of South Junior High into senior apartments, and recommended to refer to Planning and Zoning Commission and set public hearing for September 8.

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

Council Member Beyer reported that MetroPlains applied to Urban Development for flood rental rehab and motion was to deny it as they missed the application deadline, weren't existing units at the time. She stated that the second motion which she voted against was to allocate at this time $363,000 out of the matrix and has not been there before and that she thought it should be put back with the rest of the applications.

Council Member Lunak reported that this building is in his district, that there has been fire and vandalism, and that the sooner they move on with this project and that $363,000 coming out of the matrix is small and would like to see this approved.

Council Member Hamerlik asked that they vote on each item separately; Mr. Swanson stated he wouldn't disagree and that there are separate action sheets from three committees and could move to divide the question.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak to divide the question. Carried 12 votes affirmative.

Gary Stenson, MetroPlains Development, St. Paul, stated that he had met with several council members at the three committees they attended last week, and that they had started talking with city staff last fall when they knew building might become available, that they acquired the building and in discussions talked about using same format and allocations that they did for St. Anne's, which is now Riverside Manor. He stated that what they have here is less City involvement and have been able to raise some additional funding, either from private sources, etc. and now is a $4 million project and have a first mortgage of $1.6 million and are asking for $363,000 from the City, originally started at $400,000. He stated that at meeting several weeks ago with City staff and mayor, etc., it was suggested that they use the Rental Rehab Program and that the one they applied for. He reported there is also $145,000 in affordable housing grant that they submitted application through First National Bank in Grand Forks, and that was denied by the Federal Home Loan Bank Board (as they had 114 applications in Des Moines region and did not feel there was enough support from a financial standpoint). He stated there is private investment of about $1.8 million going into the project and that money is raised through the Housing tax credits and Historic tax credits. He stated that the timing problem is that the Housing tax credits are through the North Dakota Housing Finance Agency, that each State gets $1.25 per capita and they have an allocation round and award those credits, and credits have been awarded out of the 1998 allocation and under the terms of the Federal Tax Credit Program, 10% of the project funds have to be expended in the year the tax credits are awarded, so with the $4 million project, they have to spend over $400,000 before the end of the year so timing is crucial otherwise tax credits go back to North Dakota Housing Finance Agency and put into next year's allocation or put into other projects that didn't qualify in initial go around. He stated that the building is most difficult one to be done, starting with Ryan Hotel which did in 1981, never had a fire in a building like have had in this, and first time installed security systems, hired security patrols, have to get this building going now, and can't wait. Mr. Stenson stated perhaps half million in damages to the building, whole interior of the building is black with smoke and soot, and to clean and seal is expensive part. He reported they purchased building at auction in February and closed on with School District in March.

Bob Siedel stated he lives across the street from the school and would like to see this project go ahead and people in neighborhood very supportive of this project.

Upon call for the question on the motion from Urban Development re. matter of request for inclusion into the Rental Rehab Program by MetroPlains Development for South Jr. High School building and to deny the funding from the Flood Rental Rehab Program, which had been moved by Council Members Glassheim and Beyer, the motion carried 12 votes affirmative.

Upon call for the question on the motion from Urban Development recommending that the council allocate $363,000 as a loan from the matrix, which had been moved by Council Members Glassheim and Lunak.

Council Member Hamerlik moved to table this motion, Council Member Lunak seconded the motion. Upon voice vote, the motion was defeated.

Upon call for the question on the motion to allocate $363,000, moved by Council Members Glassheim and Lunak.

Council Member Hafner asked Mr. Stenson where their investment is in the program. Mr. Stenson stated there is a limited partnership that will own the property and will put up about $1.8 million, and the way the $1.8 million under current housing programs, housing tax credits gets repaid over 10 years in federal income tax credits, and also historic tax credits in year placed in service. MetroPlains does not have $2 or $3 million in federal income tax liability and do about 8 or 9 projects each year. Council Member Hafner asked if there was any investment from MetroPlains. Mr. Stenson stated that MetroPlains is committed to the $1.8 million and when project completed they will bring in an investor that will become a limited partner, somebody that can use the tax credits. He stated that investor is usually a large corporation (NSP, Cargill, etc.) Mr. Stenson stated they have $1.8 million and some of that will come back in tax credits and that is how raise equity in doing housing tax deals. He stated the other choice would be if investor put $1.8 million in, would need a return on that investment at 10% interest and would be $180,000/year in interest, how would get additional $180,000 in rent, rents are capped on all but 15 of the apartments. He stated that this is the way the transactions get done all over the country to provide affordable and market rate housing.

The city auditor reported that the motion is an allocation of $363,000 as a loan from the matrix and not an award at this time, and will have other actions coming up that send this matter to Planning and Zoning that requires them to determine that this is a slum and blighted area and then is eligible for a tax exemption and a public hearing set for September 8.

After further discussion and upon roll call vote, the following voted "aye": Council Members Hamerlik, Bouley, Glassheim, Lunak, Brooks - 5; voting "nay": Council Members Lucke, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 7. Mayor Owens declared the motion defeated.

Council Member Glassheim moved that this matter be placed as a request in the bottom line of the matrix; Council Member Lucke seconded the motion.

Council Member Hamerlik asked whether they would have to request reconsideration of the matter. Mr. Swanson stated they do not have to move to reconsider, that the issue appeared to be more one of timing than of the substance of allocation.

Upon call for the question on the motion to send to Flood Response for CDBG funding, the motion carried 12 votes affirmative.

Upon call for the question on the motion from the Public Service Committee relating to the alleyway and utility easement for rehabilitation of South Junior High School, 1224 Walnut Street, recommending to approve exchange that will be a like exchange, quit claim deed for quit claim deed, and enter into agreement with MetroPlains that they will do snow maintenance on the alleyway, pending review and approval by the city attorney re. potential easements, which had been moved by Council Member Lucke and seconded by Council Member Lunak; the motion carried 12 votes affirmative.

Upon call for the question on the recommendation from the finance committee re. matter of request from MetroPlains for tax increment financing for rehabilitation of South Junior High into senior apartments, and recommendation to refer to Planning and Zoning Commission and set public hearing for September 8, which had been seconded by Council Members Hamerlik and Brooks, the motion carried 12 votes affirmative.

CONSIDER MATTER OF SPEEDING ON BELMONT ROAD
SOUTH OF 47TH AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the matter of Belmont Road south of 47th Avenue South, and recommended to maintain the 30 mph speed limit.

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

AUTHORIZE ENFORCEMENT OF TWO-HOUR PARKING
IN DOWNTOWN

Committee No. 2, Public Safety, reported having considered the matter of recommendation from DDC for enforcement of two-hour parking in downtown, and recommended that the police department enforce the two-hour parking in the downtown.

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

AUTHORIZE CLOSING OF PORTIONS OF KITTSON
AVENUE AND RIVERBOAT ROAD DURING DEMOLITION
OF CITY CENTER MALL ROOF

Committee No. 2, Public Safety, reported having considered the matter of closing of north half of Kittson Avenue and Riverboat Road from South 3rd Street to DeMers Avenue during construction of City Center Mall roof demolition, and recommended to approve the request.

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

APPROVE BUDGET AMENDMENTS
A request for amendment of the budget for Communicable Disease in the amount of $2,968.00 to reflect unanticipated revenue from Children's Services Coordinating Committee to cover projected shortages in 1998 line items, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this budget amendment be approved. Carried 12 votes affirmative.

A request for amendment of the budget for the Police Department in the amount of $7,343.00 re. grant requirement, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this budget amendment be approved. Carried 12 votes affirmative.

A request for amendment of the Mosquito Control budget in the amount of $16,000 to reflect additional revenue based on projected collections, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this budget amendment be approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCE RELATING TO PENALTIES
FOR CRIMINAL AND NONCRIMINAL OFFENSES

Committee No. 2, Public Safety, reported having considered the matter of proposed ordinance re. penalties, and recommended to introduce the ordinance for first reading.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this budget amendment be approved.

Mr. Swanson reviewed the ordinance which will increase potential fine from maximum of $500.00 per incident to $1,000 per incident, and will amend five subsections of the City Code.
Carried 12 votes affirmative.

Council Member Martinson introduced an ordinance entitled "An ordinance amending Sections 8-1501, 9-0501, 9-502 and 23-0101 of the Grand Forks City Code relating to penalties", which was presented, read and passed on its first reading.

CONSIDER MATTER OF REQUEST FOR STOP SIGNS AT
BELMONT ROAD AND 40TH OR 47TH AVENUES SOUTH
AND DIRECT LEAVING INTERSECTIONS AS THEY ARE

Committee No. 2, Public Safety, reported having considered the matter of stop sign at Belmont Road and 40th Avenue South or 47th Avenue South, and recommended to leave intersections as they are and increase regulatory enforcement.

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

Cindy Samson, 5316 Belmont Road, stated that there are currently no stop signs from 32nd Avenue South to 62nd (County Road 17) and that is well over a mile and once traffic the transitions from the widened area at 47th Avenue, traffic speeds up. She stated that there are a lot of people jogging, biking, lot of children in that area, and no sidewalks and concerned that they are not slowing that traffic.

Marijo Whitcomb, corner of 40th and Belmont, suggested that in order to slow down the traffic from 32nd to 62nd or 67th Avenues, to consider installation of speed bumps, and stated that 90% of traffic is by kids.

Council Member Bakken reported that as a matter of policy they don't use stop signs to enforce speed, and will in conjunction with the County to increase patrols of the area.

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

ACCEPT BIDS FOR SANITATION DEPARTMENT TRUCKS

Committee No. 3, Public Service, reported having considered the matter of bids for equipment: heavy-duty trucks; and recommended to accept the bid of Hall Truck Center in the amount of $383,998.00 for five trucks, including option.

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

ACCEPT BID FOR AUTOMATIC SIDE-LOAD COMPACTORS
FOR SANITATION DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for equipment: automatic side-load compactors, and recommended to approve bid of Sanitation Products for four 27-yard side-load compactors and spare parts at $231,821.26 and for one 20-yard compactor, $63,454.26, less $7,011.36 for spare parts, and accepted prices of used units, for a total bid of $181,264.16.

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

REFER MATTER OF BIDS FOR CONTAINERS FOR SIDE-
LOAD TRUCKS BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of bids for equipment: containers for side-load trucks, and recommended to accept the bid of Roto Industries for 11,900 90-gal. containers at a total price of $618,205, and 120 300-gal containers at total price of $21,330.00 for combined total price of $639,535.00.

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

Council Members Lucke and Hafner asked that this matter be returned to committee for further consideration.

ACCEPT BIDS FOR EQUIPMENT FOR WASTEWATER
DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for equipment for Wastewater Department: bucket machine , crane and truck body, and 1 truck; and recommended award as follows: to accept the bid of Sanitation Products for the bucket machine in the amount of $37,771.00; to accept the bid of Dakota Truck Equipment for the crane and truck body in the amount of $20,016.00; and to accept the bid of Rydell Chevrolet for 1-ton truck in the amount of $21,494.00.

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

AUTHORIZE PURCHASE OF USED SANITATION VEHICLES
FOR STREET DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of trucks for Street Department (purchase of three used vehicles from Sanitation Department), and recommended to approve $39,000 with understanding that it will come out of the general fund cash carryover.

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

APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR
PROJECT NO.4670 PHASE II, SOUTHEND DRAINWAY

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement for Project No. 4670 Phase II, Southend Drainway, north of 47th Avenue South and west of South 16th Street, for and in consideration of the sum of $1,500.00, Willard and Mary Baird, grantor, City of Grand Forks, grantee, and recommended to approve and accept the easement.

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

APPROVE LEASE AGREEMENT WITH WIRELESS
ALLIANCE, L.L.C. FOR INSTALLATION OF ANTENNAS
AND DISHES ON CITY WATER TOWER

Committee No. 3, Public Service, reported having considered the matter of lease agreement for installation of communication antennas and dishes on the Cox's water tower at Viking School site, 809 22nd Avenue South (Block 18, Cox's Addition), for and in consideration of the sum of $7,800/year, lessor City of Grand Forks, lessee, Wireless alliance, L.L.C., and recommended to approve the agreement subject to review and approval by the city attorney.

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

Mr. Swanson, city attorney, reported he had reviewed the agreement proposed by the Lessee for the antennas on the water tower, compared it to a previous agreement that the City has entered into and found that there were several discrepancies with the proposed agreement and the prior agreement, and it is his intention to require the new lessee to meet the terms of the prior agreement in order to have consistency between the agreements, and other than that would recommended approval of the committee's action.

Mr. Peterson stated that big business is always trying to encroach on use of City employees and property and should guard against that, and that water towers are architecturally presentable, and as advertising on park benches on the berms.

Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE SELECTION OF ENGINEER/SURVEYOR FOR
IN-KIND SERVICE PROJECTS RELATED TO PERMANENT
FLOOD PROTECTION PROJECT

Committee No. 3, Public Service, reported having considered the matter of engineer and surveyor for in-kind service projects relating to the permanent flood protection project: a) sewer lift/pumping station, b) underground utilities, and c) street modifications, and recommended to select the firms of Greater Forks Engineering Group for sewer lift/pumping station, underground utilities, and KBM, Inc. for street modifications.

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

REFER MATTER OF SELECTION OF ENGINEER/SURVEYOR
FOR SURVEYING BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of engineer and surveyor selection for in-kind service projects related to the permanent flood protection project for surveying, and recommended to select the firm of Greater Forks Engineering Group for surveying.

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

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

REFER MATTER OF SELECTION OF ARCHITECT/ENGINEER
FOR PUBLIC WORKS FACILITY RENOVATION AND ALTERA-
TION, PROJECT NO. 4822, BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of architect and engineer selection for public works facility renovation and alteration, Proj. 4822, and recommended to authorize selection of Widseth Smith Nolting for the project.

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

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

APPROVE AMENDMENT NO. 1 TO ENGINEERING AGREEMENT
WITH KBM, INC. FOR WASTEWATER TREATMENT PLANT
DESIGN, PROJECT NO. 4371

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1 to engineering agreement with KBM, Inc. on Wastewater Treatment Plant design, City Project No. 4371, and recommended to approve Amendment No. 1 in the amount of $165,592.24.

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

APPROVE ENGINEERING AGREEMENT FOR WASTEWATER
TREATMENT PLANT, CONSTRUCTION, PROJECT NO. 4371

Committee No. 3, Public Service, reported having considered the matter of engineering agreement for
Wastewater Treatment Plant, construction, City Project No. 4371, and recommended to authorize entering into the agreement with KBM, Inc. in an hourly amount, $1,338,347.01.

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

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 4806

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services (study and report), Project No.4806, pave Mill Road from Gateway Drive to Highway 81, and recommended to approve agreement with KBM, Inc. in an amount of $11,899.00.

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

APPROVE AMENDMENT NO. 1 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4748, ENGINEERING
ASSISTANCE FOR DOWNTOWN DEVELOPMENT COMMISSION

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements for various projects: Amendment No. 1, Advanced Engineering, Project 4748, engineering assistance for Downtown Development Commission, and recommended to amend original contract to increase engineering fees from $30,000 to $50,000 because of change in scope of project previously approved by Flood Response Committee.

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

APPROVE FUNDING FOR AMENDMENT NO. 1, PROJECT
NO. 4748, ENGINEERING ASSISTANCE FOR DOWNTOWN
DEVELOPMENT COMMISSION

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1, Advanced Engineering, project 4748, engineering assistance for Downtown Development Commission, and recommended approval of $50,000 for CDBG Project No. 4748 utilizing CDBG funds to come out of $2.8 million.

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

APPROVE AMENDMENT NO. 3 TO ENGINEERING SERVICES
AGREEMENT FOR SEWER PROJECT NO. 4661

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering service agreements for various projects: Amendment No. 3, Webster Foster & Weston for construction administration, Project No.4661, sanitary sewer on South 34th Street from 32nd Avenue South to Pump Station #38, and recommended to approve Amendment No. 3 to the engineering contract in an amount of $34,635.00.

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

APPROVE AMENDMENT NO. 1 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECTS NOS. 4752 AND 4753, REHAB
SANITARY PUMP STATIONS #9 AND #11

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering service agreements for various projects: Amendment No. 1, Webster Foster & Weston for construction administration, Projects Nos. 4752 and 4753, Rehab Sanitary Pump Stations #9 and #11, and recommended to approve Amendment No. 1 to the engineering contract in the amount of $27,277.00.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4669.3, DISTRICT NO. 386.3

Committee no. 3, Public Service, reported having considered the matter of creating special assessment district for project No. 4669.3, District No. 386.3, Southend Drainway Phase 2B, and recommended to adopt resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Lucke introduced the following resolution creating the assessment district, which was presented and read: Document No. 7608 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
4669.3, DISTRICT NO. 386.3

The city auditor presented and read the engineer's report on Sewer Project No. 4669.3, District No. 386.3: Document No. 7609 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4669.3,
DISTRICT NO. 386.3

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7610 - Resolution.

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

APPROVE ENGINEER'S REPORTS FOR CDBG PROJECTS

Committee No. 3, Public Service, reported having considered the matter of CDBG engineer's reports for various projects:
a) Project 4848, Pump Station #39;
b) Project 4849, Pump Station #40;
c) Project 4850, Pump Station #42;
d) Project 4851, sanitary forcemain at Station #40;
e) Project No. 4852, sanitary forcemain at Pump Station #39;
f) Project 4853, sanitary forcemain at Pump Station #41;
g) Project 4854, sanitary forcemain on Columbia Road (17th-24th Aves.S.);
h) Project 4843, watermain on South Washington Street (47th-62nd Avenues South);
i) Project 4844, storm sewer on South 20th Street (36th-40th Avenues South);
j) Project 4845, storm sewer on South 34th Street (36th-40th Avenues South);
k) Project 4846, storm sewer on 40th Avenue South (Washington Street to Southend Drainway);
and recommended to approve engineer's reports.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4838, DISTRICT NO. 399

The city engineer's estimate of total cost of the construction of sanitary sewer on South 20th Street from 40th to 47th Avenues South in the amount of $ was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4838, District No. 399, sanitary sewer on South 20th Street from 40th to 47th Avenues South, 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 Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7611 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 12 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECTS NOS.
4586, 4587 AND 4588, UTILITIES IN COUNTRYVIEW ADDITION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Projects No. 4586, 4587 and 4588, sanitary sewer, watermain and storm sewer in Countryview Addition, and recommended to approve plans and specifications, contingent upon engineer's final review.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT NO.
4719, RESTORE SANITARY SEWER AREA 2

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4719, restore sanitary sewer Area 2, and recommended to approve plans and specifications and authorize call for bids.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, SEWER PROJECT NO.4768,
DISTRICT NO. 398

The city auditor presented and read tabulation of bids which had been received and opened on July 27, 1998 for Sewer Project No. 4768, District No. 398, storm pump station 84 upgrade, indicating that Wanzek Construction, Inc. was low bidder based on their bid for general construction in the amount of $424,400 and Rick Electric, Inc. was low bidder based on their bid for electrical construction in the amount of $103,800.00: Document No. 7612 - Bid Tabulation.

The engineer's estimates of total cost on Sewer Project No. 4768, District No. 398, in the amount of
$ and $ , for general and electrical construction respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4768, District No. 398, storm pump station 84 upgrade, and recommended to return the bid of ICS, Inc. due to the fact that it was received after the designated time.

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

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4768, District No. 398, storm pump station 84 upgrade, and recommended to accept the low bids under Schedule B, Wanzek Construction, Inc. for general contract, $424,400.00, and Rick Electric, Inc. for electrical contract, $103,800.00.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Lucke introduced the following resolution which was presented and read: Document No. 7613 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Klave that this resolution awarding the contracts for Project No. 4768, District No. 398, to Wanzek Construction, Inc. and to Rick Electric, Inc. be and are hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

AUTHORIZE AWARD OF BID FOR PROJECT NO. 4804,
DOWNTOWN WATER DISTRIBUTION SYSTEM REPLACEMENT
PART 1, 4TH STREET

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4804, Downtown Watermain Replacement, and recommended to award bid to Robert Gibb & Sons, Inc. in the amount of $1,257,814.50.

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

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4804, Downtown Watermain Replacement, and recommended to authorize proper City officials to sign the agreement with Burlington Northern and Santa Fe Railroad and make payment of $1,000 for premium for covering contractor with Railroad's protective insurance.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4439,
SANITARY PUMP STATION 338

Committee No. 3, Public Service, reported having considered the matter of change order for Project No.
4439, sanitary pump station #38, Schedule A, Change Order #3, Wanzek Construction, contractor, and recommended to approve change order to extend completion date of contract to August 31, 1998.

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

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

Committee No. 3, Public Service, reported having considered the matter of change order for Project No.4654, Lift Station Restoration, Change Order #7, Hanson Electric of Bemidji, Inc., contractor, and recommended to approve change order in the amount of $9,256.61, and is CDBG eligible.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4680,
PAVING CONGRESSIONAL I

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4680, paving Congressional I, Change Order #3, Valley Contracting Company, contractor, and recommended to approve change order in the amount of $7,714.80.

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

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

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4669.1, Southend Drainway 1B, Change Order #2, Kern & Tabery, contractor, and recommended to approve time extension for completion of project to September 15, 1998.

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

PPROVE CHANGE ORDER FOR PROJECT NO. 4669.2,
SOUTHEND DRAINWAY 2A

Committee No. 3, Public Service, reported having considered the matter of change order for Project 4669.2, Southend Drainway 2A, Change Order #1, Schipper Construction, Inc., contractor, and recommended to approve change order in the amount of $14,000, and to extend completion date to September 15, 1998.
It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting "nay": none. Mayor Owens declared the motion carried.

RECEIVE AND FILE RESPONSE FROM GRAND FORKS
TOWNSHIP RE. CONTRIBUTION TO PAVING IMPROVEMENTS
ON COLUMBIA ROAD

Committee No. 3, Public Service, reported having considered the matter of response from Grand Forks Township re. contribution re. paving improvements on Columbia Road, and recommended to receive and file.

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

AUTHORIZE ENTERING INTO TWO-WAY AGREEMENT WITH
IVAN NELSON, B & N OIL, FOR PRIVATE INSTALLATION OF
PAVING AND APPROVE PLANS AND SPECIFICATIONS

Committee No. 3, Public Service, reported having considered the request to pave alley between properties on DeMers and South Washington Street (Ivan Nelson, B & N Oil and building to the west), and recommended to authorize entering into two-way agreement for private installation of paving, and approve plans and specifications.

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

ACCEPT BID FOR PURCHASE OF LANDFILL COMPACTOR

Committee No. 3, Public Service, reported having considered the bids for equipment - landfill compactor, and recommended to accept the bid of Butler Machinery with Options A and B, in the amount of $263,104.00 and to allow Sanitation to retain ownership of current machine.

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

Council Member Hafner reported that this item had a split vote, that this item has been discussed over and over, sent back to committee for further study last fall or winter, staff did a total cost analysis of this machine (looking not only at bid cost of machine, but looked at cost of machine over five years, that this is a good way of evaluating machinery. He stated that there are also other considerations in this machine that some are not satisfied with and did support staff findings to go with the Butler caterpillar.
Todd Feland, public works department, reviewed the two bidding processes staff used in obtaining the bids (using qualitative point system, inspection of machines by group of sanitation employees, obtaining bids with a five-year average maintenance option and trade-in option); that three bids received with one not meeting bidding requirements; that all three machines can do job at the landfill; and after reviewing bids staff recommended the Butler Machinery bid as the lowest responsible bid.

Tom Hagness, former council member, spoke for acceptance of the Bomag machine from Krider Equipment on reasons of safety of operation at the landfill and that the Bomag machine is the lowest cost for the city of Grand Forks.

Council Member Lucke stated he is convinced after talking to the operator that the Bomag is a much better machine, that in committee they review plans and specs. but never looked at plans and specs. for bidding this equipment, that the five-year average is meaningless, and is that total cash acquisition price for the Cat is $415,000 minus $25,000 for trade-in which they aren't going to use or $390,000 or the Bomag at $389,000 minus $20,000 which is $369,000.

It was moved by Council Member Glassheim and seconded by Council Member Lucke to amend the motion to accept the bid of Krider Equipment, Inc. for the Bomag machine for $389,359.00, and Options A and B, and to accept 5th year buyback of $75,000.

Upon call for the question on the amendment and upon roll call vote, the following voted "aye": Council Members Hamerlik, Bouley, Glassheim, Lunak, Bakken, Brooks, Lucke - 7; voting "nay": Council Members Klave, Beyer, Babinchak, Hafner, Martinson - 5. Mayor Owens declared the amendment approved.

Upon call for the question on the motion, as amended, and upon roll call vote the following voted "aye": Council Members Bouley, Glassheim, Lunak, Bakken, Brooks, Lucke, Hamerlik - 7; voting "nay": Council Members Klave, Beyer, Babinchak, Hafner, Martinson - 5. Mayor Owens declared the motion carried.

SUSPEND AGENDA AND CONSIDER UNDER NEW BUSINESS
THE MATTER OF PETITIONS RE. BRIDGES

Council Members Beyer and Babinchak asked to suspend agenda to consider under new business the matter of receiving petitions from property owners re. bridges at 17th Avenue South and 32nd Avenue South. Carried 12 votes affirmative.

Council Member Beyer reported that there are residents in area of 32nd Avenue South and 17th Avenue South that have petitions and read the petition urging the council to reject all proposals to build a bridge at either the 17th Avenue south or 32nd Avenue South locations for now and for the future, that they have collected 815 signatures: Document No. 7614 - Petition.

Dr. Homer Rovelstad, 3203 Belmont Road, reported that the petitions relating to the elimination of the bridges from the Metropolitan Planning Organization plan, that they who oppose the inclusion of these bridges were pleased with the Mayor's statement at the Planning and Zoning Commission meeting and the unanimous vote that the Commission eliminated the two bridges from any present or future planning for the city, however, there was a limited input of information from the citizens in attendance because of the exuberance over the Mayor's statement; that it seemed unnecessary after that, before the report of the Planning and Zoning Commission was introduced the council voted to table it indefinitely so no discussion was appropriate at that time. He stated that a group of residents decided to petition outlining the objections to building the bridges on 17th Avenue South and 32nd Avenue South which gives support to the Mayor's and Planning and Zoning Commission's recommendation and shows the desires of the citizens and that this would be helpful to the council in its disposition of the Commission's report. He stated this was a grass-roots petition with no attempt to cover the entire city block by block, that it was a neighbor to neighbor expanded to move to the neighbors office or workplace, no money was spent, no meetings were held and the fact that they were able to get this number of signatures in about 3 weeks during the month of July speaks well for the message of the petition. He stated there were also comments from some of the people signing the petition He stated they had very high support for the petitions, and thought it was important to present this to council at the earliest possible time. He stated this petition is to support council in your hope for approval of the Planning and Zoning Commission's report, and may have served as small informational survey of public opinion.

It was moved by Council Member Klave and seconded by Council Member Glassheim to receive and file the petitions. Carried 12 votes affirmative.

SUSPEND AGENDA AND CONSIDER MATTER OF
PROCEDURES FOR TAKING OF PROPERTY FOR SOUTHEND
DRAINWAY PROGRAM

It was moved by Council Member Lunak and seconded by Council Member Klave to suspend the agenda to consider matter of procedures for taking of property for southend drainway program. Carried 12 votes affirmative.

Bob Peterson reported that he owns the property at 1696 47th Avenue South which is in the way of the southend drainage program, and is here tonight because he hasn't had any representation on his property, that part of his property is being taken away from him, first approached by the city engineering office in October and was told of the possibility that his property might be used for the drainway project, but was not contacted again until March 10 when they did say that they would be using his property for the drainway project and would be looking at purchasing all his property, which consists of 2.24 acres where his house happens to sit directly in the middle. He stated that next information they received was in late April and have not had a chance to sit down and be kept informed by any-one from the engineering department or any other individual from the City on a bidding process and felt that when a quick take eminent domain was filed against his property that was done wrongly. He stated that on June 1 when he was not even notified that there would be a meeting relative to his property, the group voted to do a quick take eminent domain on his property, on June 2 they received a letter wanting to negotiate and was not served regular eminent domain papers until July 10 and on July 14 quick take eminent domain papers were filed, that the July 10 papers stated they had 20 days to respond to the regular eminent domain, and not justifiable to file for quick take eminent domain on July 14, and why not given the 20 days to respond. He stated that now he has been told that since property under quick take eminent domain that they can't discuss it because it's in litigation, and again he has no representation to that, and feels totally unjust. He stated he felt he should have been informed of the changes that were being made by the engineering department, that the only map he has seen from the engineering department indicated there was going to be the drainway coming through his property, next to that a road where his house sits, and west of that there was going to be a park, and now hears that has been changed and he was not informed. He stated that now the drainway that was 180 ft. wide is only going to be 119 ft. wide, that at 180 ft. wide was going to take the east end of his property (driveway, garage, breezeway and part of kitchen), now narrowed down to 119 ft. which only takes the east side of his property along the side of his garage. He stated he is not too pleased with the idea that he was not kept informed, and that last summer he had talked to an individual from Greenberg Real Estate about developing that land after the flood knowing that the school was going to be built out there, and that they weren't going to do in 1998, maybe year 2000, and had looked at possibility of moving the house off the property and putting in 9 lots for multiple family dwelling, no one asked what his plans were for the property, yet he is getting a bid of $125,000 for the whole 2.25 acres plus the house, and that amount won't buy a house in new development west of town, and certainly not a house with that much acreage. He stated that his problem is that he doesn't feel he was given any chance to represent himself and not a time where they negotiated and would like that matter be looked at, and believes people with him tonight agree with that and they are sampling of people from all over Grand Forks, that a lot of things going on where people not kept informed. He stated he would like his attorney, Mr. McKechnie to speak.

William E. McKechnie, attorney, reported that Bob Peterson hired him to work on the purchase of his property by the City, that they did research re. highest and best use of the property, were told he could put 9 lots in there with 18 multi-family homes, talked to developers as to what worth, send that information to Mr. LeClerc's office, and were told that study done by Botsford & Rice says it's single family home and only pay $125,000 for the property, and that he expected there would be some negotiation, and then next thing found that council had passed an ordinance to take the property from Mr. Peterson on the 1st of June, 1) knowing he was represented and that he did not receive a letter, Mr. Peterson didn't receive a letter to appear at that meeting, that on June 23 before City had any right to be on his property at all the first bulldozer went through and carved out the property. He stated that then the City got a judge to sign an order allowing City to take his property right away and not sure for what emergency, won't build a golf course in the next two years or a 500-unit housing project in the next two years, that there was no emergency and City moved drainway all the way around everyone else's property but when had a little person with a small amount of property, 2 acres, City bulldozed right through it, and not right. He stated that Mr. Peterson is still willing to sit down with somebody, either in city attorney's office or mayor's office or somebody else and negotiate a fair purchase price for this property.

Mr. Swanson reported that they had received correspondence from him after litigation was initiated and that he has addressed in that correspondence the issues that were raised, and included in the packet handed out tonight, that they have been sued as a City, and his recommendation, therefore, that they not further discuss the matter, and if there are negotiations for settlement of the litigation, those negotiations should occur through him.

Mr. Peterson asked who put this into litigation. Mr. Swanson stated he signed the summons and complaint, and put into quick take eminent domain. Mr. Peterson asked where his representation was prior to that. Mr. Swanson stated he would not debate this, that this isn't the time or the place to debate the issue, that proceedings that were used in the taking of that property were the same proceedings used by the body on prior condemnation actions.

Mr. Peterson stated that he was sitting there looking at the dike program, housing program, everybody is being kept informed as to what's going on, but he wasn't, everyone is being sent agendas or time frames as to when meetings are re. their property, but he wasn't. He stated that if they want this to go to a 9-person jury in Grand Forks, he will let it go that far. Mr. Swanson stated he was not going to argue this, that issues set forth in the correspondence Mr. Peterson handed out and in the correspondence he provided council, are willing to negotiate with him but this is not the forum to negotiate litigation. Mr. Swanson stated that in the letter of June 8, 1998 which he provided council is also in the packet, and the sentence from Mr. McKechnie is "..not interested in having a strip of property taken from his homestead and suggested that you commence eminent domain proceedings to obtain title or pay his asking price." He stated he was not sure that was the signal of any true intent to negotiate, following that eminent domain was pursued. Mr. Peterson asked where they had any negotiations going on; Mr. Swanson asked if there was any counter appraisal provided to the City at any time. Mayor Owens stated that recently she asked him and his attorney to contact Mr. Swanson and sit down with him and discuss. Mr. Swanson reported he has had no communication with regard to any intent of negotiation. Mr. Peterson stated the reason he wanted to be here tonight was to let everybody on the committee know how things went to begin with and what led it to this position, and that perhaps the City should be asking them to sit down at this time as they were never asked before.

AUTHORIZE ENTERING INTO MEMORANDUM OF AGREE-
MENT AND STATE HISTORIC PRESERVATION OFFICER

Committee No. 4, Urban Development, reported having considered the matter of Memorandum of Agreement between City and State Historic Preservation Officer (SHPO) and Standard Mitigation Measures Agreement between City, FEMA and SHPO for wet-side residential demolition, and recommended to enter into the Memorandum of Agreement, and Standard Mitigation Measures Agreement.

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

ACCEPT BID PACKAGES FOR CITY CENTER MALL

Committee No. 4, Urban Development, reported having considered the matter of Bid Package 3 for City Center Mall, civil utilities restoration for the mall area and demolition of ground floor and foundations below, and recommended to accept the low bid of Molstad Excavating in the amount of $214,710.00.

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

Committee No. 4, Urban Development, reported having considered the matter of Bid Package 4 for City Center Mall (environmental asbestos abatement), bid of GPAC not opened as no addendum acknowledgement), and recommended to send the bid back to the bidder unopened.

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

Committee No. 4, Urban Development, reported having considered the matter of Bid Package 4 for City Center Mall (environmental asbestos abatement), and recommended to accept the low bid of EAS (Environmental Abatement Services) in the amount of $98,455.00.
It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting "nay": none. Mayor Owens declared the motion carried.

Committee No. 4, Urban Development, reported having considered the matter of change order for bid packages for City Center Mall, to clean and sanitize four City-owned buildings: J.C. Penney's building, Hoffman Building at 307 Kittson Avenue, Tischart's building on ground floor level, and Sorlie building located on corner of DeMers and South 4th Street, and recommended to approve change order and accept the bid of EAS in the amount of $70,400 for cleaning and sanitizing four City-owned buildings.

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

APPROVE REVISED CONTRACT WITH SWINGEN
CONSTRUCTION FOR PILES AT THE AURORA

The Events Center Committee reported having considered the matter of contract reconciliation with Swingen Construction, and recommended that we accept and approve the revised contract with Swingen Construction for the driven piles and the super column pile caps for The Aurora in the amount of $1,894,560.00.

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

Council Member Lunak questioned the $10 million increase for The Aurora; and that he had received the Events Center Core Committee briefing and on the budget summary have sources of funds, and on bottom shows special assessments of $4.3 million.

Ken Vein, city engineer, reported there are two main sources of changes that have come out of Sources and Uses, that Mr. Lynn Witt from Landmark is the one who put together this summary. He stated that one the special assessment in previous estimates, and list the special assessments as that part of the project that was going to be assessed to adjacent properties as a separate issue, have property up and down 42nd Street and have some sanitary sewer, water and paving on that street, and part of it that is attributed to the Aurora is included in the cost of The Aurora but part that is included as assessment to those adjacent properties are shown as a source, and that will be $4.3 million coming over this project from special assessments and also shown as a use, so they counter-balance each other, so $4.3 million probably didn't have to be included but has to do with special assessment outside the project limits and does not incorporate the project itself. He stated that the other thing added is $5.3 million that is used as the potential market condition premium due to the flood and there is an unknown of what's going to happen to the construction cost of this facility due to post-flood market. He stated that a lot of the construction is associated with major things like steel and erection which probably don't feel is going to be impacted by the flood, that's constructed by national firms and they will bid from around the United States, not local, but other aspects of this that have the potential to be impacted locally. He reported that when summary budget put together Mortenson's looked at what that potential increase could be and added that in as a use of funds, basically considered a contingency, and if don't have an increased construction cost it wouldn't be spent or if spent, spend on some amenity that would be attributed to The Aurora and city council would make that decision on how handled. He stated that the uses portion to fund that basically comes from interest that has taken place since they had the one year delay in construction. He stated that they add the $5.3 million that is a potential market condition premium, plus an existing construction contingency of about $3.1 million and have a total of $8.5 million in contingencies to cover any increased cost that may occur, and if don't use contingencies it would be a council decision on how to use that money.

Council Member Lunak stated he had been at a neighborhood meeting and it was stated that the final cost for The Aurora was going to be close to $105 million, and City sells $70 million in bonds, how fund overcosts. The city auditor reported that its stated what the sources of funding are, it's stated as interest earnings, sales tax collections prior to the bond issue which was $3 or $4 million, interest earnings since they put the project in place, and at this point sources are greater than the uses.

Mr. Vein reported that the $77 million is including interest during construction, that's the bond sale plus interest that's occurred to date; that there is $105 million that the consultants have agreed that would be an outside funding source such as naming rights and innovative funding mechanisms that would be put in place, number of avenues for that, plus the special assessment of $4.3 million. He stated that one of the concerns that he would have as watching over this project, is of course to make sure that the source is greater than the use, and now little over $1 million greater in sources than uses, and to watch that the
construction costs, the $52 million as shown in the construction costs is one that we keep very close eye on and make sure that does not go higher than what have available in construction contingency and potential market condition premium.

Council Member Hafner asked if they exceeded our contingencies, would have to make some hard choices on what do with that building, not going to build building beyond what our capabilities are without making some choices. Mr. Vein stated they've done different job than whatever done before in trying to do some estimating, have hired construction manager who has completed very detailed costs estimates, separate from what architect has put forward, and monitored the design and tried to have an accurate estimate cost as can, and not based on sq. ft. costs.

Council Member Martinson asked what cost overruns are going to be, because he knows there will be cost overruns. Mr. Vein stated that's why they've watched contingencies that they have in the project, two major ones: what's going to happen with the flood and how impact estimates, that was $5.3 million and that's more than 10% of the cost of construction in contingencies to cover that potential problem; no one knows what it's going to be until it's bid and no one knows what actual cost is going to be until it's constructed, but do the best planning they can, brought on a very qualified team of professionals to look at this, from architects to construction manager to facility manager for marketing people who have experience in these types of structures and relying on their expertise.

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

ALLOCATE CDBG FUNDING FOR SANITARY AND STORM
SEWER RESTORATION
Committee No. 3, Public Service, reported having considered the matter of preliminary report for funding of sewer repairs, and recommended to allocate $6.2 million out of CDBG funds and $1.1 million be considered for sanitary and storm restoration and to refer to Flood Response Committee.

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

The Flood response Committee reported having considered the matter of funding for sewer repair (Project No. 6748), referred from Public Service, and recommended moving $6.2 million from unallocated to approved on the cost matrix and to put the remaining $1 million into the general request.
It was moved by Council Member Glassheim and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BIDS FOR DEMOLITION PROJECTS

The Flood Response Committee reported having considered the matter of bid awards for demolition projects, Bid Package #9, and recommended acceptance of the low bid by Peterson Construction in the amount of $230,750.00 (Bid Package #9 - 115 residences).

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

ACCEPT BID FOR UNDERGROUND PLUMBING AND PIPING
FOR CORPORATE CENTER

The Flood Response Committee reported having considered the matter of Mortenson update: Corporate Center, and recommended acceptance of the low bid from Lunseth Plumbing and Heating in the amount of $18,400.00 for underground plumbing and piping for the Corporate Center.

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

APPROVE CHANGE ORDERS FOR RESIDENTIAL DEMOLITION

The Flood Response Committee reported having considered the matter of Mortenson update: change orders for residential demolition, and recommended 1) approval of a change order to R.J. Zavoral (Bid Packages 6 and 7) in the amount of $4,312.00 for deletion of a garage and addition of a garage and a fire destroyed residence; 2) approval of a change order to Florian & Sons (Bid Package 8) in the amount of $4,618.00 for emergency garage demolition and an additional property added to the original scope of work.

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

APPROVE AWARD OF BID PACKAGES FOR RESIDENTIAL
ABATEMENT

The Flood Response Committee reported having considered the matter of bid packages for residential abatement, and recommended approval of the following low bids: 1) Bid Package #35 for 10 homes, low bid of $28,782.00 by MAAC; 2) Bid Package #36 for 10 homes, low bid of $11,182.25 by MAAC, and 3) Bid Package #39 for 6 homes, low bid of $2,639.00 by EAS.

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

EXTEND DEADLINE FOR PHASE V TO SEPTEMBER 15, 1998

The Flood Response Committee reported having considered the matter of extension of Phase V deadline, and recommended extension of the Phase V deadline to September 15.

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

DECLARE SPECIFIC HOUSES AS SURPLUS PROPERTY
AND TO BE ADVERTISED FOR BID

The Flood Response Committee reported having considered the matter of surplus homes to be relocated, and recommended to declare the following home surplus to be advertised for bid for 28 days: 59 4th Avenue South, 316 Alpha Avenue, 1506, 1508 and 1516 Chestnut Street, 119 and 223 Euclid Avenue, 1005 Lanark, 1029 Lincoln Drive, 919 North 25th Street, 2523, 2617 and 2623 Olson Drive, 509 Pakenham, 510 and 515 Plum Avenue, and 3012, 3019, 3022, 3023, 3026, 3103, 3104, 3111, and 3114 East Elmwood Drive.

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

Council Member Hamerlik stated that they voted on the procedure for sale previously, that this past week he received a complete statement on it as to the policy and as he reviewed it, it stated the process of selling but didn't go into any detail, and his question is whether this is going to be an auction or a written bid process.

John O'Leary, Urban Development, reviewed process - that this will be done by a public bid (sealed bid process), homes will be made available for sale and advertised for a minimum of 21 days, the minimum bid for any home is $500, each home is sold in "as is" condition but no restrictions other than that it be removed from the site within 60 days, bidders or interested parties are to contact the office of urban development and part of the process includes reclamation of the site and removal of the property.

Council Member Hamerlik stated that most people will not wish to submit written bids as they don't want to leave money on the table or know exactly what they want to spend and it seems that to have a written bid is alright but to have oral bidding thereafter for those that have entered into some agreement such as a bid, letter of credit or whatever, and that he thinks that the action or involvement of the people will be much decreased in this process, and thinks should be doing that, are missing an opportunity to get fair market value for those homes, and asked if it could be changed or not. Mr. O'Leary stated he supposed it could be changed, that there are about 20-25 homes. He stated there is a major difference between this program and the garage program, and difference is reclamation of the site requirements and this will require that the successful bidder post a bond of $5,000, which would be used to assure that the successful bidder removes the property in time and properly maintains the site, trying to protect the interest of the neighborhood foremost, and not sure if entered into public bidding process that would be very expedient to be able to do that, and defer to Mr. Swanson as to how long it would take after an opened bid process/auction process to acquire and post bond, etc. Council Member Hamerlik stated excellent point is the relocation of those homes and if out of there in 60 days they have to know which home they are going to bid on and moving certain cost, etc. and more detail to it and suggested consideration in the next round or before going to the next round because they've already adopted the policy.

Mr. Swanson reported that in staff discussions it was the intent to have oral bidding after written bids submitted, but that he hasn't seen the bid package so staff may have changed it; historically, the City when it does sell property to be separated (structures separated from real estate) have done written bids with oral bidding after, but not done to the magnitude like this, but last time did multiple structures other than the garages, were homes that were located adjacent to the water treatment plant when those houses had to be relocated. He stated that as far as the pragmatics or feasibility of doing written bids with oral bidding after, can and has been done, but whether staff intends to do here, does not know. He stated that he has yet to see the actual bid package, has seen the policy which is not specific enough as to how the bid package will be put together.

Mr. O'Leary stated that the bid packet hasn't been prepared yet and upon its preparation, it will be forwarded to the city attorney's office for his review.

Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting "nay": none. Mayor Owens declared the motion carried.

REFER MATTER OF RECOMMENDATION TO CONTRACT
FOR ADDITIONAL SERVICES WITH CAMIROS BACK
TO COMMITTEE

The Flood Response Committee reported having considered the matter of DDC recommendation to contract for additional services with Camiros, and recommended approval of a contract with Camiros in the amount of $91,000.

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

Mayor Owens stated she had placed letter on council members' desks stating that she wasn't in favor of allocating the total $91,000 to continue the use of the downtown consultant, Camiros, but do need to continue work to complete master plan and would be a much lesser amount and would need to find out what that amount would be, and would recommend that we consider using local architectural/ engineering firms for future design consideration. She stated that it is her belief that involving additional local firms may prove to be more cost effective, and is no way a reflection of the work presently done by Camiros.

Council Member Beyer stated that DDC approved finishing and presenting the Downtown Plan to Planning and Zoning; the $7,000, that DDC very concerned about things like making the material something they can afford for the streetscape, none envisioned spending all of it but are watching weekly now as to what they spend but there are some things they need to complete and have better dialogue with them. She sated she wasn't sure if want DDC to come back as they get things completed or keep council abreast of what's going on.

Council Member Martinson stated he is concerned that money almost gone, and questioned why need so many consultants in this setting. Council Member Lucke stated he agrees and stated that there was supposedly a $1 million HUD grant and asked who got how much of that, and how much Camiros got for helping the downtown. Information not available at this time.

Marijo Whitcomb asked status of project with Camiros, how much money has been spent, and how much more is going to be spent, and that the small business people in this town are getting tired of watching this money go to consultants, small businesses that weren't helped in any way and thinks that the River Forks Commission worked very hard on a plan for downtown and work seen that Camiros has done is in good taste, but let's get real, that when she asked question in DDC several weeks ago, as to when streetscapes going to be able to be started, when side-walks put in, no one has an answer but then to okay another $91,000, and has a problem with that. She stated she's not saying the downtown shouldn't get the money but there are a lot of other areas in this town also. She stated that one of the main reasons that she came to meeting is that she can understand that they have allocations, have so many people tugging at you for money, and applauds work they have done so far, but on the other hand the quality of life in this city is what keeps people here, and asked about First Seasons, and why closing that, the children in that area - that want families to move into that area and want people to find great places for their kids to be, and asked why is that being closed. She stated that $91,000 could go long way as far as quality of life goes.

Mike Maidenberg, chair of DDC, stated that Camiros was consultant that was in place before DDC came into being and work that they have done has been excellent and very professional, DDC is very much conscious of need to move from the consultant relationship and bringing the work back into Grand Forks and ending our relationship with consultants, and is something they had planned to do, need to get some work accomplished and main thing as Mayor has said is to complete the master plan. Camiros has begun this and would suggest as appropriate action would be return all this to the DDC and let them negotiate with Camiros on a transition plan to get work that needs to have done, and then move on from there.

Moved by Beyer and Glassheim to refer this to DDC and return breakdown to Flood Response.
Council Member Klave asked if they could see what Camiros has received on paper, including HUD money so know what has been spent with this firm. Mr. O'Leary stated they could do that.

Motion carried 12 votes affirmative.

APPROVE APPOINTMENTS TO CENTRAL BUSINESS
DISTRICT

Mayor Owens announced the appointments to the Central Business District of Jim Fetsch, Sandy Norby, Linda Magness, Connie Triplett, Kevin Ritterman, Terry Longtin, Ross Rolshoven, Dean Kreitinger and Council Member Glassheim. It was moved by Council Member Klave and seconded by Council Member Hafner that these appointments be and are hereby approved. Carried 12 votes affirmative.

APPOINTMENTS TO VARIOUS COMMITTEES

Mayor Owens announced the appointment to the Board of Adjustments of Lynn Vreeland for a three-year term expiring June, 2001.

Mayor Owens announced the appointment of Bill Hutchison And Lyle Hall for five year terms to the
Planning and Zoning Commission expiring August 4, 2003.

Mayor Owens announced the appointment of the following individuals to the CIP Committee as follows: Council Member Babinchak, chair of finance committee; Council Member Bakken, chair of public safety committee; Council Member Hafner, chair of public service committee; Council Member Glassheim, chair of Urban Development Committee; Gary Malm, president of Planning and Zoning commission; and Council Member Klave, at large city council member.

Mayor Owens announced the appointment of Council Members Bakken, Hamerlik and Martinson to the bus committee.

Mayor Owens announced the appointment of Brad Beyer for five year term to expire July, 2003, and Council Member Brooks as advisory member from city council to the Airport Authority.

Mayor Owens announced the appointment of Council Members Beyer and Hamerlik to the MPO Executive Policy Committee for two year terms expiring August 1, 2000.

Mayor Owens announced the appointment of the following individuals to Emergency Management as follows: Council Member Beyer for a term expiring December 31, 1998, and of Joe Simon for term expiring December 31, 1999.

Mayor Owens asked for concurrence from the council in these appointments.

It was moved by Council Member Beyer and seconded by Council Member Lunak to concur in these appointments.

Council Member Beyer asked to be excused from voting for the appointment to the Airport Authority, the MPO Executive Policy Committee and the Emergency Management. It was so moved by Council Member Glassheim and seconded by Council Member Babinchak. Carried 11 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative, with Council Member Beyer abstaining on appointments to the three committees.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary for CDBG, dated July 31, 1998, for $671,799.41; Estimate Summary for flood estimates, $882,807.00; Estimate Summary for regular estimates, $2,375,141.43 and $238,646.58; and CDBG Corporate Center Contract Summary in the amount of $475,681.81 and $114,437.70; for a total of $4,758,513.93.

It was moved by Council Member Beyer and seconded by Council Member Brooks 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 estimates to Duckstad Contracting. It was so moved by Council Member Beyer and seconded by Council Member Klave. Carried 11 votes affirmative.

Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak (abstaining from voting on estimate payments to Duckstad Contracting), Bakken, Hafner, Martinson - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommending acceptance by the council: Sewer Project No. 4672; Watermain Project No. 4673; Sewer Project No.4674; Paving Project No. 4526, District No. 547; Paving Project No. 4537, District No. 548; and Paving Project No. 4561, District No. 545.

It was moved by Council Member Beyer and seconded by Council Member Martinson that these recommendations be and are hereby approved. Carried 12 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE/DEPARTMENT

Various items were presented to council for referral to committee and/or department for consideration.

1) Council Member Hamerlik asked that the auditor's office consider moving up delivery deadlines for packets but since on Friday and if after 4:00 p.m. sometimes becomes problem for those leaving town for the weekend. The city auditor stated they would look at that and sometimes problem with delivery service and their pickup time.
2) Council Member Hamerlik presented the matter of possibility of having several sites where daily sanitation pickup available so residents can place garbage, trash, etc. when gone for time so that rodents don't get into it. The matter was referred to public service committee for consideration.

COUNCIL MEMBER MARTINSON EXCUSED

3) Council Member Brooks presented the matter of stop sign at exit of
Congressional 2, and the matter was referred to the public safety committee for consideration.
4) Council Member Klave presented a request for review of the two-way radio system for the city, and the matter was referred to the public service committee for consideration.

SET PUBLIC HEARING FOR PETITION TO VACATE ALL
OF CUL-DE-SAC OR TURN-AROUND LYING WITHIN BLOCK
31, TOWN OF GRAND FORKS, NOT PREVIOUSLY VACATED

The city auditor reported that at the June 15, 1998 council meeting the matter of vacation of a cul-de-sac and turn-around lying within Block 31, Town of Grand Forks, was presented on a report from Planning and Zoning, their recommendation was for approval but did not establish a public hearing at that time, and asked for a motion to set the public hearing on that vacation petition for September 8, 1998.

It was moved by Council Member Babinchak and seconded by Council Member Bouley 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 Tuesday, September 8, 1998. Carried 11 votes affirmative.

ADJOURN

It was moved by Council Member Hafner and seconded by Council Member Bakken that we do now adjourn until Monday, August 17, 1998 at 7:30 o'clock p.m.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
_____________________________________
Patricia A. Owens, Mayor