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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 17, 1998

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, August 17, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; absent: none.

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

Mayor Owens welcomed Boy Scout Troop 5, Wesley United Methodist Church, and its leaders, and that Troop 5 is here to earn their citizenship badges.

APPROVE MINUTES FOR JUNE 15, 23 AND 29, 1998

Typewritten copies of the minutes of the adjourned meetings of the city council held on Monday, June 15, 1998 and Tuesday, June 23, 1998; of the organizational meeting of the council held on Tuesday, June 23, 1998 and of the special meeting of the council held on Monday, June 29, 1998, were presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that these minutes be approved as read. Carried 14 votes affirmative.

SUSPEND AGENDA TO CONSIDER REPORT FROM CITY
ENGINEER ON FLOOD PROTECTION PROJECT

Mayor Owens asked to suspend the agenda to consider an item which will be done the first meeting of the month, a report on the flood protection project. It was moved by Council Member Martinson and seconded by Council Member Bakken to suspend the agenda as requested. Carried 14 votes affirmative.

Mayor Owens reported she had three individuals from a citizens group come to her office and presented her with a letter and a petition containing approx. 300 signatures to appoint Tom Hagness as a citizen's representative for flood control. She stated she discussed with some council members to see how to make this communication open up and to gain the trust of the citizens, and that in talking with Council Member Carpenter as president of the city council, they came up with what they thought was a good plan and would hope they would work with us to help move this project forward with citizen involvement but also with a communications team that would help to inform people as to what's happening, not only with Corps of Engineers, but with Shannon & Wilson and through the entire project through the next year, particularly September, 1999 and go from there. Mayor Owens stated she would like to put in place a communications team which would consist of herself as mayor, Council Member Carpenter as city council president and representing the southend of the city, Council Member Bouley representing the northend of the city and those three people would be the team that would be put in place with the city and work to make sure communications are carried out with the individuals and the contact people. She stated they would continually communicate to be on track and get project working with the greatest comfort and ease that everything possible has been done prior to putting in place any project. She stated that they would accept the appointment as a liaison, Tom Hagness as the citizens' appointee and would not be a city council or mayor's appointment and he would be given every access to all information with Shannon and Wilson and anything he may want and communicate directly with staff to keep communications moving between everyone, and they will be as informed at all times as we are, and as soon as we have things will make sure you also have the information through Mr. Hagness and will have reports at the first council meeting of every month at the beginning of the meeting. It was moved by Council Member Glassheim and seconded by Council Member Hamerlik to approve the communications team as follows: the mayor, Council Members Carpenter and Bouley.
Mayor Owens stated they would have to determine what Mr. Hagness' role would be, that he would be citizens communicator in most instances and would have one person to communicate with us. She stated that communications with Shannon & Wilson would be through the communications team, working with City staff and making council aware also. It was noted that once a month information would be presented to council of what's been going on with Shannon and Wilson and how progress moving along in their contract. Council Member Carpenter stated that Ken Vein, city engineer, will be presenting a communications plan for the entire flood protection project and staff will be doing the monthly updates, and that he sees the role of this communications team as being the primary communications link between the neighborhoods and that if they designate Mr. Hagness, and that's who they will be communicating and keeping them informed, and in addition to that there will be the staff communications plan they will be putting forth, and there will be lots of communication going on but team will be the link between the neighborhoods specifically affected by the dike line and the city council.

Mayor Owens stated that the communications team will be to keep everyone updated on the whole flood control project until construction starts and probably will continue that after, so that people aware of what's happening on the project.

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

Ken Vein, city engineer, reported that they will be using 3-ring binders for being able to manage a lot of the information that's going to be disseminated on this process and in light of recent controversy, have decided they would update the communications plan and council will see that before them, along with copy briefly describing what's before council, and that there is a flood protection project city communications plan, and briefly reviewed with the committee and gave an update.

Mr. Vein stated that what they are trying to do - that it's best to have a monthly council update at the first meeting of the month, that there is included a schedule of the things they will talk about and will give in addition to the oral report a written report that would be available for council or anybody in the public who would want to have access to that information. He stated that perhaps in mid-month they would do a monthly public update meeting, an evening meeting, and would bring in somebody like Shannon and Wilson or another consultant, etc. to be available to answer questions, one on one, and do in off-weeks when not having council meetings. He stated they would continue to do the flood protection update newsletter which goes out to approx. 150 local, state and federal officials and about 1,000 households. He stated they would try to continue weekly radio updates; and recovery road newsletter is another publication that is out and would make use of that with any additional information. He stated they have also talked about doing some special in-depth articles that may get into more detail than what gets put out at the meetings, and make special request to the Herald to run something. He stated they have current information on the web page included on that and special information requests that would come out, that he has staff people who are willing to take on any questions that may come up specifically, and potential to get information out to service clubs and any other local groups as necessary.
Mr. Vein reported that the tools they would use, many standard tools: press releases, and in many cases the Corps does their own, and in some cases the City would do those and would try to keep council informed in advance as much as possible. He stressed some of the neighborhood meetings and when applicable, would have those in the future depending on the situation. He stated that the open houses and public input sessions are ones that the Corps uses and where might have some plans that would like to have people specifically come forward to see and would handle those through that type of open house. He stated they have special mailings and have had to do this in some cases where there is something that specifically relates to a certain number of residents. He stated they may have to look at special talk show appearances, again beyond those they would standardize in the once a week type of meetings, and would involve maybe more than engineering staff, could be Corps, could be consultants, etc. He stated they could look at letters to the editor and/or articles of special publication, such as Dakota Student, etc. He stated they would try to use those tools as necessary to get out whatever information that they possibly can, and would like to strive to do a better job with getting that information out, and this is the plan by which they would want to do that. He reported they've organized the binders at this time chronologically by month, and August would be first update that they would like to get for the city council.

Mr. Vein reported that under the technical work of the Corps of Engineers, it states that the draft general re-evaluation report and environmental impact statement is to be released August 21 and the City will have a copy for council members to review. He stated that the authorization is only for the authorization for the general concept of the project which is the levee and floodwall plan and is for the purpose of proposed amount of money and confirms that the concept meet federal government standards from an environmental standpoint, does not finalize the alignment.

Mr. Vein reported that under the City consultant's update they have Shannon & Wilson, and have given them a notice to proceed with a couple areas, have asked them to work on the continued review and consultation of the Corps' design criteria and methodology, not for sure of the availability of the Corps to do this at this time but want to make sure that they have the concurrence to continue with that. He stated it is of interest immediately for them to help with the review and consultation on proposed Corps geotechnical exploration, including but not limited to the instrumentation and test sections. He stated they talked about it at the water treatment plant, and we're very interested in what that means long term for us in potential other locations also and want to work with Shannon and Wilson and the Corps to resolve this as soon as possible.

He stated to review and consult on the proposed scope of work for the June technical design memorandum, that the Corps has not spent much time in doing that and need to get started. He stated there are some alignment issues that are discussed and a copy of the six different alignment criteria that were used, and that's for their information and want to add that to the binder. He stated they will have to start talking about betterments and what that means, how they will pay for it and how extensive of betterments they want to look at, and goes beyond geotechnical when they look at betterments, there may be a desire for them to look at the levee, cross section itself, may want to look at what want to do in the greenway for betterment, etc.; so betterments may have an economic impact on the project and early on need to address how they will handle those, including those having to do with the alignment.

Mr. Vein reported that under WRDA authorization, the Senate has completed a markup of WRDA in July and included the Grand Forks/East Grand Forks project in their version; the House is being held up due to a conflict in views about a Sacramento project, and both House and Senate are targeted to adjourn in early October and the idea is that those conflicts will be resolved and hope to have WRDA authorization passed by Congress at that time.

He reported that under project financing they talk about the federal appropriations process as has been noted earlier that the total estimated cost has risen to $342 million with $171 million for the non-federal share, the delegation is trying to get our project included as a new start in the President's budget for FY2000, and in doing that would have to be a part of his budget in January and February of 1999; no set time for exact appropriation would be voted on until later, and voted on an annual basis. He reported that on State appropriation process, they are aware that the Governor's promised $52 million, but there's not been any promise on what to do if he would go 50-50 on the increase which would have cost the State $58 million. He stated that the Corps has indicated that the project will need about $25 million from the State in the first biennium, and that's similar amount to what the City of Grand Forks would also have to be ready to pay. He stated that with that the local funding comes into play, and the finance committee has begun discussions on the quarter percent sales tax and we've also been looking at a city-wide special assessment, and will have to finalize what funding is going to be and that will be up to the council to establish exactly when but before could proceed with this project after it's been authorized and appropriated, would have to be in place.

Mr. Vein reviewed section on Acquisitions and the Phase IV Voluntary Acquisition Project is for those properties affected by the proposed dike line, 69 offers have been made of which 63 active at this time, and 18 properties have been acquired at a total cost of $3.68 million.

Mr. Vein reported that a significant part of the project is the greenways, that they have looked at proposals from Charles Flink, president of Greenways, who was here earlier with a part of the project and we would look at what type of consultant services that we would need from him in the future, and that the MPO is currently coordinating a tree inventory of existing trees in the proposed greenway area as a part of this project.

He reported that under Community Information/Dissemination the City's communications plan updated and implemented immediately to keep council and residents better informed on the project status; State Communications Plan is to be formulated as well as the National Plan. He reported that last Thursday the State Water Commission had a meeting in Grand Forks and we took a number of them on a tour of the alignment and their understanding of the impacts this project on the community seem to be understood very clearly. He reported that it has also been suggested that we do another series of neighborhood meetings and to talk about the interim flood protection plan; and also there's been some thought or desire to possibly take the city council on a tour of the proposed dike alignment, and if those are of interest to let engineering department know and they will arrange the tour. He stated that there are two open houses that will be set for public view and comment on the Corps of Engineers draft, general re-evaluation report and EIS report on September 15 from 3:00 to 8:00 p.m. and on September 16 from 12:00 noon to 3:00 p.m. Both will be held at the civic auditorium.

The council determined that a report be made at the first council meeting of each month.

Council Member Beyer stated that it would be wise to make time for tour of the dike alignment, so understand implications to the neighborhood and to the City and encouraged staff to set up.

Council Member Hafner stated that he was concerned about one of the issues of the alignment alluded to tonight, in talking about communications, that there maybe a time in the future where have to consider betterments that are going to be assessed against a segment of a neighborhood, and concerned that when gone through all the trouble of determining what these betterments are, what it's going to cost and the neighborhood can't decide; and it would be helpful in some way if we could assist potential neighborhoods in finding a way for them to organize so that when these questions do arise, they are ready to deal with them, and would suggest some mechanism that we can help an area where we know they're making potential for an assessment so that when it comes up we don't end up with a neighborhood fight. Council Member Lucke stated that it's within the realm of possibility that those betterments will be paid by the city as a whole, but that's discussion we haven't entered into yet. Council Member Hafner stated he was speaking hypothetically that it may happen, that betterments may go beyond what the City is prepared to pay and that neighborhoods may choose to assess themselves to do it.

Mayor Owens stated that the City will do everything possible to make this work, and that if people have concerns to please come to us if those concerns aren't being answered.

TABLE ORDINANCE RELATING TO CHANGE IN
DEFINED BENEFIT PLAN

An ordinance entitled "An ordinance repealing specified sections of Chapter VII of the Grand Forks City Code relating to retirement in General and Pension Plan”, which had been introduced and passed on its first reading on June 15, 1998, was presented and read for consideration on second reading.

Howard Swanson, city attorney, reported that he had a telephone conference with Don Carlson, attorney at Dorsey & Whitney out of Minneapolis, who is involved in the redrafting of the defined contribution plan, as well as the drafting of the defined benefit plan, and that they discussed whether the amendments proposed should be placed in the final form at this time or whether they should be included in the plan documents that will be considered tomorrow. He stated that based upon their conversation it is his recommendation that council table this proceeding until their next meeting and this would allow the pension committee to discuss the matter further.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak to table this matter until the next meeting. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3727, RELATING TO PENALTIES

An ordinance entitled "An ordinance amending Sections 8-1501, 8-1502, 9-0501, 9-0502 and 23-0101 of the Grand Forks City Code relating to penalties", which had been introduced and passed on its first reading on August 3, 1998, was presented and read for consideration on second reading.

Mayor Owens asked if there was anyone present who had comments on this matter; there were none.

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

ADOPT ORDINANCE NO. 3728, AMENDING ZONING
MAP TO INCLUDE WITHIN THE SOUTHERN ESTATES PUD,
CONCEPT DEVELOPMENT PLAN, THE SOUTH ONE-HALF OF
NW QUARTER, SW QUARTER AND WEST ONE-HALF OF
SE QUARTER OF SECTION 21, T151N, R50W OF 5TH
PRINCIPAL MERIDIAN

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, the South one-half of the Northwest Quarter, the Southwest Quarter and the West One-half of the Southeast Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 18, 1998, and upon which public hearing had been scheduled for June 15, 1998, and continued until 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 upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.

The Planning and Zoning Commission reported having considered the matter of the request from Steven L. Adams on behalf of Gornowicz, Useldinger and Greenberg, for final approval of an ordinance to amend the zoning map to exclude from the A-2 (Agricultural Reserve) District and to include within Southern Estates PUD (Planned Unit Development) District, Concept Development Plan, the South Half of the Northwest Quarter, the Southwest Quarter and the West Half of the Southeast Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian (located between South 16th Street and South Columbia Road and between 36th Avenue South and 47th Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map. The recommendation was moved and seconded by Council Members Martinson and Beyer.

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

ADOPT ORDINANCE NO. 3729, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC RIGHTS OF
WAY SHOWN AS DEDICATED ON THE PLAT OF SOUTH
PINES ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of South Pines Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 6, 1998, 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 public 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 Tim Crary on behalf of Crary Development for Final approval of the plat of South Pines Addition to the city of Grand Forks, ND being a portion of the East Half of the Northwest Quarter of Section 27, Township 151 North of Range 50 West of the 5th Principal Meridian (located west of Cherry Street between 47th Avenue South and the Southend Drainway), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the attached ordinance amending the Street and Highway Plan. The recommendation was approved by Council Members Beyer and Glassheim.

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

ADOPT ORDINANCE NO. 3730, RELATING TO THE
LAND DEVELOPMENT CODE RELATING TO OFF-STREET
PARKING AND LOADING

An ordinance entitled "An ordinance relating to the Grand Forks Land Development Code, amending Chapter XVIII, Article 2, Zoning; Section 18-0204, Rules and Definitions, subsection (2) Definitions and Chapter XVIII, Article 3, Rules and Regulations; Section 18-0302, Off-Street Parking and Loading, subsection (14) off-street parking", which 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 public 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 the Planning Department for final approval of an ordinance to amend the off-street parking and loading section of the Land Development Code, Chapter XVIII, Section 18-0302, subsection (14) Off-street parking, and recommended final approval and passage of the ordinance amending the text of the Land Development Code. The recommendation of the report was approved by Council Members Klave and Babinchak.

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

DETERMINE INSUFFICIENCY OF PROTEST ON PARKING
DISTRICT NO. 11, PROJECT NO. 4796

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Parking District No. 11, Project No. 4796, construction of Corporate Center parking ramp between South 4th and South 5th Streets and between Kittson and DeMers Avenues, had expired on June 18, 1998 and had been extended until this evening, and that he had received protests which he read into the record: Fisher, Olson, Daley & Bata, Ltd. for Lot A, Replat of Lot 2, Block 23, Original Townsite and Lot 4, Block 23, Original Townsite; from Goldwater L.L.C. for street address 114-118 North 3rd Street; John C. Satrom and Jan Satrom for 101 South 3rd Street; Midwest Investment Company, 112 North 3rd Street; Dacotah Building, Inc., 100 North 3rd Street; LTD Properties, Inc. on North 5th Street, Lot 8, Block 22, Original Townsite; L.T.D. Properties, Inc., 414 DeMers Avenue; L.T.D. Properties, Inc., 9 North 3rd Street; L.T.D. Properties, Inc. for 10 North 3rd Street; Todd Nedberg, 311-313 DeMers Avenue; Pearson, Christensen, Larivee, Clapp, Fiedler, Fischer & Jensen, 24 North 4th Street; Dacotah Building, Inc. for Lot B, Replat of Lot 5, Block 1, Auditor's Resubdivision No. 17; Dacotah Building, Inc. for Lot A, Replat of Lot 5, Block 1, Auditor's Resubdivision No. 17; Dacotah Building, Inc. for the SErly one-half of Lot 4 and all of Lots 5 and 6, Block 17, of the subdivision of Blocks 16, 17 and 24, Town of Grand Forks; The Lander Group, Inc. & St. John's Block, 214 DeMers Avenue; The Lander Group, Inc. and St. John's Block, 202 DeMers Avenue; The Lander Group, Inc. and St. John's Block, 2 North 3rd Street; Caulfield Studios for 13 North 3rd Street and 17 North 3rd Street; GLS Limited Partnership #3 for 23 North 3rd Street; Best Western Town House for Lot 2, Block 2, Renewal Subdivision No. 5 which is 710 1st Avenue North. He stated that all of those protests constitute 19.7% of the special assessment district.

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

Council Member Hafner introduced the following resolution as to protests which was presented and read: Document No. 7615 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Bakken that we declare an insufficiency of protest against Parking District No. 11, Project No. 4796, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS FOR PARKING DISTRICT NO. 11,
PROJECT NO. 4796

The engineer's estimate of total cost of the construction of Corporate Center parking ramp located between South 4th and 5th Streets and between DeMers and Kittson Avenues in the amount of $ , was presented and read.

The Flood Response Committee reported having considered the matter of approval of plans and specifications for the Corporate Center Parking Ramp, and recommended approval of plans and specifications for the Corporate Center parking ramp.

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

Council Member Bakken introduced the following resolution which was presented and read: Document No. 7616 - Resolution.

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

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 556, PROJECT NO. 4795

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, construction of paving on North 53rd Street from 10th to 12th Avenues North and on 12th Avenue North from North 53rd to 55th Streets. had expired on July 30, 1998 and had been continued until this evening, 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. There were none.

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 7617 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Paving District No. 556, Project No.4795, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, PAVING PROJECT NO.
4795, DISTRICT NO. 556

The city auditor presented and read tabulation of bids which had been received and opened on Monday, August 10, 1998 for Paving Project No.4795, District No. 556, paving on North 53rd Street from 10th to 12th Avenues North and on 12th Avenue North from North 53rd to 55th Streets, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $154,710.95: Document No. 7618 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4795, District No. 556, in the amount of
$ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for various projects: Project 4795, District 556, paving North 53rd Street and 12th Avenue North, and recommended to accept the low bid of Valley Contracting Company in the amount of $154,710.95.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7619 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lunak that this resolution awarding the contract for Paving Project No. 4795, District No. 556, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried and the contract awarded.

ADOPT RESOLUTION VACATING SEGMENT OF
NORTH/SOUTH ALLEY LYING IN BLOCK 1, LINCOLN
PARK VIEW ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a segment of the north/south alley lying in Block 1, Lincoln Park View Addition, and described as abutting the southerly 20 ft. of Lots 22 and 33 and all of Lots 23 through 32 of said Block 1, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter; there were none and the public hearing was closed.

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 7620 - Resolution.

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

ADOPT RESOLUTION VACATING ACCESS CONTROL LINE
LYING ALONG SOUTH LINE OF LOTS 1 AND 2, BLOCK
1, CONGRESSIONAL FIRST RESUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of the access control line lying along the south line of Lots 1 and 2, Block 1, Congressional First Resubdivision to the city of Grand Forks, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter; there were none and the public hearing was closed.

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

Council Member Bakken introduced the following resolution which was presented and read: Document No. 7621 - Resolution.

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

ADOPT RESOLUTION VACATING ALLEY IN BLOCK
27, TOWN OF GRAND FORKS, EXCEPT PORTION ADJACENT
TO LOTS 1 THROUGH 6, BLOCK 27

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of the alley lying in Block 27, Town of Grand Forks, except that portion lying adjacent to Lots 1 through 6, inclusive, the required legal notice had been published calling or a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

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

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

Council Member Babinchak introduced the following resolution which was presented and read: Document No. 7622 - Resolution.

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

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, July 30, 1998, that notice had been published as required and that the following appeals were heard: 1) MDI Limited Partnership, 1224 Walnut Street, request for a variance to the landscaping, paving, accessory building and impervious surface area requirements to remodel the existing building to apartments, and variance granted to allow 5 feet of paving setback on the north lot line and zero feet of paving setback from the building but install a 6 foot high wood fence, 25.6' of driving lane width, 72% impervious surface area coverage and zero feet of setback in front of the overhead doors of the garages to remodel the existing property into apartments; 2) Kent Anderson on behalf of Prairie harvest Foundation, 930 N. 3rd Street, request for a variance to the off-street parking and loading requirements, and variance approved to allow 12 ft. of driving lane to remodel the parking lot; 3) Don Lee on behalf of Gateway Storage, 5118 Gateway Drive, request for variance to the rear yard setback requirements, and variance granted to allow 5 ft. of rear yard setback to erect storage facilities; 4) Sharrell Holter, 719 Cottonwood Street, request for variance to the front yard setback requirements, and variance granted to allow 20 ft. of front yard setback to erect a porch addition.

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

APPROVE BILLS

Vendor Payment Listing No.98-14, dated August 17, 1998 and totaling $6,633,738.35, all having been audited by the city auditor for payment, was presented and read.

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

APPROVE BUDGET AMENDMENT

A request for budget amendment for the Civic Auditorium in the amount of $3,000 for resurfacing loading ramp on west side of civic auditorium from cash carryover, was presented and read. It was moved by Council Member Hamerlik and seconded by Council Member Carpenter that this budget amendment be approved. Carried 14 votes affirmative.

AUTHORIZE ADVERTISING FOR DEMOLITION OF
HOUSE AND SALE OF PROPERTY AT 1315 7TH
AVENUE NORTH

Committee No. 1, Finance, reported having considered the matter of property at 1315 7th Avenue North (Lots 9 and 10, Block 8, Alexander & Ives' Addition), and recommended that we advertise for demolition of the house and sale of the lot and garage, individually or together.

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

APPROVE APPLICATION FROM LM GLASFIBER FOR TAX
EXEMPTION WITH A GRADUATED SCALE

Committee No. 1, Finance, reported having considered the matter of tax exemption application from LM Glasfiber, and recommended that we find that there are no competitors for LM Glasfiber and approve application with a graduated scale rather than a straight 60%.

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

APPROVE REQUEST FOR CHANGE IN VARIANCE
TO NOISE ORDINANCE FOR PASTA PARTY ON
AUGUST 22, 1998

Committee No. 2, Public Safety, reported having considered the matter of request for change in variance to noise ordinance for Pasta Party on August 22 until 1:00 a.m. and it was recommended that the request be approved.

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

APPROVE REQUEST BY THE EDGE TO SPONSOR STREET
DANCE IN DOWNTOWN AND APPROVE VARIANCE TO
NOISE ORDINANCE

Committee No. 2, Public Safety, reported having considered the request from The Edge, 10 North 3rd Street, to sponsor street dance in downtown on September 11 and 12, and recommended to approve request with variance to noise ordinance until 12:30 a.m.

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

APPROVE REQUEST TO HOLD ANNUAL POTATO
BOWL USA PARADE ON SEPTEMBER 12

Committee No. 2, Public Safety, reported having considered the request to hold annual Potato Bowl USA Parade on September 12, and recommended to approve the request.

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

DIRECT POLICE DEPARTMENT TO CONDUCT HEAVIER
MONITORING ON 17TH AVENUE SOUTH WEST OF
COLUMBIA ROAD AND OTHER SCHOOL AREAS

Committee No. 2, Public Safety, reported having considered the matter of crossing at 17th Avenue on bikepath at South 30th Street, and recommended to direct police department to conduct heavier surveillance on 17th Avenue South west of Columbia Road and other schools as necessary.

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

AUTHORIZE INSTALLATION OF "NO PARKING" SIGNS
AT 415 NORTH 51ST STREET

Committee No. 2, Public Safety, reported having considered the matter of installation of "no parking" in front of 415 North 51st Street (group home), and recommended to authorize installation of signs.

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

APPROVE BUDGET AMENDMENT

A request for budget amendment for PSAP in the amount of $35,254 to transfer funds from cash carryover for 911 signs as requested by the Authority Board, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this amendment be and is hereby approved. Carried 14 votes affirmative.

MATTER OF 911 RESTRUCTURING

Committee No. 2, Public Safety, considered the matter of 911 restructuring and this is an information item only.

ACCEPT BID FOR TRAFFIC PAINT

Committee No. 3, Public Service, reported having considered the matter of street department paint bids, and recommended to accept bid of Diamond Vogel & Wax Co., Inc. for 1,210 gal. white traffic paint in the amount of $9,365.40, and for 1,055 gal. yellow traffic paint in the amount of $7,975.80, for a total bid of $17,341.20, paint to be delivered in 55-gal. drums.

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

APPROVE 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, located north of 47th Avenue south and west of South 16th Street, for and in consideration of $2,300.00, James P. Curran, grantor, and recommended to approve easement agreement and to authorize proper City officials to sign the easement.

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

APPROVE STORM SEWER EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of storm sewer easement for installation of sewer in 900 block of 2nd Avenue North, southeast side of street, for and in consideration of $1.00, Steven and Deborah Flaten, grantor, and recommended to approve the easements and authorize proper City officials to sign the easements.

Committee No. 3, Public Service, reported having considered the matter of storm sewer easement for installation of sewer in 900 block of 2nd Avenue North, southeast side of street, for and in consideration of $1.00, Steve and Wendy Kalenze, grantor, and recommended to approve the easements and authorize proper City officials to sign the easements.

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

APPROVE QUIT CLAIM DEED AND APPROVE LAND
SWAP FOR RIGHT OF WAY AT SOUTH 42ND STREET
AND 11TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of quit claim deed for land swap for right of way at Lot 1, Block 1, Johnson's 4th Addition, southeast corner of South 42nd Street and 11th Avenue North, for and in consideration of $1.00, City of Grand Forks, grantor, and Arnold Keck, grantee, and recommended to approve entering into the transaction, subject to approval by the city attorney, and that proper City officials execute the quit claim deed.

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

APPROVE VALVE REPLACEMENT PROJECT AT WATER
PLANT, AND APPROVE BUDGET AMENDMENT

Committee No. 3, Public Service, reported having considered the matter of valve replacement project at water plant, and recommended to authorize purchase of the control valves and approve budget amendment in the amount of $10,810.00, using cash carryover.

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

AUTHORIZE ENTERING INTO ENGINEERING AGREEMENT
FOR MONITORING OF CRACKS AT WATER PLANT

Committee No. 3, Public Service, reported having considered the matter of engineering agreement for monitoring of cracks at water treatment plant, and recommended to authorize entering into a contract with Heyer Engineering, P.C. in an amount not to exceed $24,000.

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

APPROVE SELECTION OF GREATER FORKS ENGINEERING
GROUP FOR SURVEYING FOR PERMANENT FLOOD PRO-
TECTION PROJECT

Committee No. 3, Public Service, reported having considered the matter of engineer and surveyor selection for IN-KIND service projects relating to the permanent flood protection project: surveying; and recommended to approve selection of Greater Forks Engineering Group for surveying.

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

APPROVE CHANGE ORDER FOR WASTEWATER ACCESS
ROAD, PROJECT NO. 4371

Committee No. 3, Public Service, reported having considered the matter of C.O. #1, Gowan Construction, wastewater access road, and recommended to approve the change order in the amount of $11,291.00 to Gowan Construction.

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

COUNCIL MEMBER MARTINSON EXCUSED

HOLD PRELIMINARY REPORT AND STATUS UPDATE
ON PROJECT 4717, NORTH END STORM SEWER
ANALYSIS, UNTIL CONTOUR MAPS AVAILABLE

Committee No. 3, Public Service, reported having considered the matter of preliminary report and status updates for Project No. 4717, north end storm sewer analysis, and recommended to hold until contour maps are available from Corps of Engineers.

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

COUNCIL MEMBER MARTINSON REPORTED BACK

HOLD PRELIMINARY REPORT AND STATUS UPDATE
ON PAVEMENT REPAIRS FOR TRENCH SETTLEMENT

Committee No. 3, Public Service reported having considered the matter of preliminary report and status update for pavement repairs for trench settlement, and recommended to put this project on hold.

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

APPROVE AMENDMENT NO. 2 TO ENGINEERING
AGREEMENT FOR PROJECT NO. 4804, DOWNTOWN
WATERMAIN REPLACEMENT ON 4TH STREET

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 2, construction engineering, AE, Project No. 4804, downtown watermain replacement on 4th Street, and recommended to approve and authorize entering into agreement for engineering services in the amount o $99,042.00.

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

APPROVE AMENDMENT TO ENGINEERING AGREEMENT
FOR PROJECTS NOS. 4856 AND 4868, STORM SEWER

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements: Amendment No. 6, design engineering, GFEG, Project 4856 and 4868, storm sewer on Cherry Street from 55th Avenue South to the Southend Drainway and storm sewer on Washington Street from 62nd Avenue South to the Southend Drainway, and recommended to approve the amendment for the projects to proceed with the design phase services, and allocate CDBG funds for the projects in the amounts of $19,313.00 and $48,913.00, respectively.

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

APPROVE AMENDMENT NO.1 TO ENGINEERING AGREE-
MENT FOR PROJECT NO. 4768, LIFT STATION NO. 84

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements: Amendment No. 1, construction engineering, Webster Foster & Weston, Project No. 4768, pump module at storm pump station #84, and recommended to approve the amendment in an amount of $35,483.00.

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

APPROVE AWARD FOR LIFT STATION CONTROLS
SYSTEMS ON SOLE SOURCE BID

Committee No. 3, Public Service, reported having considered the matter of lift station controls systems, and recommended to approve award to Control Systems based on sole source with approval of city attorney and reason for sole source in the best interest of the City as outlined in documents from Webster, Foster & Weston.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4684, SANITARY LIFT STATION NO. 33

Committee No. 3, Public Service, reported having considered the matter of plans And specifications for various projects: Project No. 4684, Sanitary Lift Station No. 33, and recommended to approve plans and specifications and authorize call for bids.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4669.3, DISTRICT NO. 386.3

The city engineer's estimate of total cost of the construction of southend drainway, Phase 2B, 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. 4669.3, District No. 386.3, Southend Drainway, Phase 2B, 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 Lunak and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Lunak introduced the following resolution which was presented and read: Document No. 7623 - Resolution.

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

ACCEPT BID FOR PROJECT NO.4790, COMPOST
COLLECTION SITES

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project 4790, compost collection sites, and recommended to return the bid of S.M. Kalenze unopened as the bid did not acknowledge receipt of addendum.

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

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No.4790, compost collection sites, and recommended to accept the low bid of Valley Contracting in the amount of $37,282.90.

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

ACCEPT BID FOR PROJECT NO. 4836, STORM SEWER
ON BELMONT ROAD FROM 52ND TO 55TH AVENUES SOUTH
SUBJECT TO ENVIRONMENTAL REVIEW

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4836, storm sewer on Belmont Road from 52nd to 55th Avenue South, and recommended that we accept the low bid of Soberaski, Inc. in the amount of $211,299.00, contingent upon environmental review.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4669,
SOUTHEND DRAINWAY, PHASE 1B

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4669, Southend Drainway, Phase 1B, Change Order No. 3, and recommended to approve the change order in the amount of $9,199.30 to Kern and Tabery, Inc.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4719.1,
SEWER REPAIR

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4719.1, Priority Sewer Repair on South 4th Street from DeMers to Kittson, Change Order No. 1, Insituform Central, Inc., contractor, and recommended to approve change order in the amount of $1,400, allocating CDBG funds.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4782,
SEWER REPAIR

Committee No. 3, Public Service, reported having considered the matter of change order for Project No., 4782, priority sewer repair on University Avenue from 4th to 9th Streets, Change Order No. 4, Insituform Central, contractor, and recommended to approve the change order in the amount of $199.50, allocating CDBG funds.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4624,
1997 FORCEMAIN REHAB

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4624, 1997 Forcemain Rehab., Change Order No. 2, and recommended to approve change order in the amount of a $500.00 deduct.

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

APPROVE CHANGE ORDER NO. FOR PAVING
PROJECT NO. 4225

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 6, Project No. 4225, paving South Washington Street from Hammerling to 26th Avenue South, Strata Corporation, Inc., contractor, and recommended to approve the change order in the amount of $2,253.60.

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

APPROVE CHANGE ORDER FOR PROJECT NO.
4654.466, SEWER REPAIRS

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1, Project No. 4654.466, Priority Sewer Repairs, Robert Gibb & Sons, contractor, and recommended to approve the change order in the amount of $149,625.00 and allocate CDBG funding for cost FEMA doesn't pay.

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

AUTHORIZE SELECTION OF ARCHITECT/ENGINEER
FOR PUBLIC WORKS FACILITY RENOVATION AND
ALTERATION, PROJECT NO. 4822

Committee No. 3, Public Service, reported having considered the matter of architect and engineer selection for public works facility renovation and alteration, Project No. 4822, and recommended that we authorize selection of Johnson Laffen Architects.

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

Council Member Lucke stated that he had recommended the engineering firm of Widseth Smith Nolting who has moved to town and purchased a building, and is looking for some work; that they have excellent reputation in the area, and the argument for them is that they are familiar with the building, did the design work for the contractor that put the $1.8 million addition on for the City, which was paid for out of CDBG monies. He stated that the argument against it is basically the selection committee has recommended the other firm, that he looked at the rating criteria, and there was only a one point difference between the two, and that this was something they could take into consideration and make our own independent choice on, as some of the selection committee members wanted to honor the process. He stated there was nobody from public service on that committee and that he feels Widseth firm very qualified to do this work.

There was some discussion relative to staying with process of accepting recommendation of the selection committee.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative; Council Members Lucke and Lunak voted against the motion.

APPROVE APPEALS TO VARIOUS PROGRAMS

Committee No. 4, Urban Development, reported having considered the matter of appeal for acquisition of property at 317 8th Avenue North, Agnes Ruud, and recommended that we make an exception and grant request for acquisition of the house at 317 8th Avenue North under Phase III Program.

Committee No. 4, Urban Development, reported having considered the matter of appeal/request from Sharon Borgen, 2510 11th Avenue South, Phase III Rental Rehab Program, and recommended to include this property in the Phase III Rehab Program.

Committee No. 4, Urban Development, reported having considered the matter of request to include units in Rental Rehab Program, Dawn and Alain DuRain, and recommended to authorize consideration of application for the full number of units.

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

REOPEN RENTAL REHAB PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of rental rehab, and recommended that all requests for reimbursements must be submitted on or before Friday, October 9; and that an application process be opened to existing approved applicants with four-units or less in one structure which sustained physical damage, with an application deadline of September 18.

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

The question was raised as to why the reopening was being limited to those who had already received monies; Council Member Glassheim stated they were not attempting to open or create a new program but these were a limited number of people, 300 to 400 people, who were approved prior to the deadlines expiring, and questions were whether small units, one or two unit rental properties, were unfairly treated by the way the program was structured and for those were giving a chance to get additional monies ($3-5,000 additional). He stated that people who had larger number of units were able to do their top floors which had not been damaged and were able to get up to $10,000 for upstairs units not damaged, and if had a single family house being rented could only get one unit. He stated they didn't want to open a new program, and the way structured this motion is that there would not be any new money allocated to this, as of now $5.4 million has been spent on the Rental Rehab Program, $6.9 million is appropriated, so $1.5 million appropriated to rental rehab but not spent and are trying to cut off those who already have the money but haven't spent it, give them 60 days to complete their work and then consider if there's still money left between the $5.4 and $6.9 million going back to these people and allowing them additional expenses on the rehab of under four-unit properties.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Martinson - 8; voting "nay": Council Members Lucke, Bouley, Beyer, Babinchak, Bakken, Hafner - 6. Mayor Owens declared the motion carried.

INTRODUCE ORDINANCE TO ANNEX ALL OF SOUTH
PINES ADDITION

The Planning and Zoning Commission reported having considered the matter of the petition from Tim Crary on behalf of Crary Development for approval to annex South Pines Addition to the city of Grand Forks, North Dakota, less portion previously annexed (located west of Cherry Street between 49th Avenue south and the Southend Drainway), and recommended approval of the ordinance to annex, to introduce the ordinance and to set the date of the public hearing and final passage for September 8, 1998.

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

Council Member Beyer introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, South Pines Addition to the city of Grand Forks, North Dakota, less portion previously annexed", which was presented, read and passed on its first reading.

APPROVE FINAL PLAT OF REPLAT OF LOT 3,
BLOCK 2, AIRPORT 5TH RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Marlan Shull on behalf of Kretz Trucking for final approval (fast track) of a Replat of Lot 3, Block 2, Airport 5th Resubdivision to the city of Grand Forks, North Dakota (located west of North 47th Street between Gateway Drive and 12th Avenue North), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

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

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

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

APPROVE FINAL PLAT OF WESTACOTT'S 5TH
RESUBDIVISION
The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering on behalf of the Perkins Land Company for final approval (fast track) of the Plat of Westacott's 5th Resubdivision to the city of Grand Forks, ND, being a Replat of Lot 1, Block 6, Westacott's Subdivision, Grand Forks, ND, including 46.5 feet of vacated North 22nd Street thereof and a Replat of Lot A, Block 6, Westacott's Subdivision being a Replat of Lots 2 through 5, Block 6, and the west 236.6 feet of 13th Avenue North, lying south of and contiguous to Lots 10, 9, 8 and the west 40.35 feet of Lot 7, in Block 5, and the south 40 feet of 13th Avenue North, lying north and contiguous to the east 25 feet of Lot 2, in Block 6, Westacott's Subdivision in the city of Grand Forks, North Dakota, and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS 19
THROUGH 34, BLOCK 1, LINCOLN PARK VIEW ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Randy Schold on behalf of MDI Limited Partnership #38 for final approval (fast track) of a Replat of Lots 19 through 34, Block 1, Lincoln Park View Addition, Grand Forks, North Dakota, including vacated alley adjacent thereto (located north of 13th Avenue South between Walnut Street and Cottonwood Street at 1224 Walnut Street - formerly South Junior High School), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO ANNEX ALL OF LOT 1,
BLOCK 1, LeCLERC'S ADDITION

The Planning and Zoning Commission reported having considered the matter of the petition from Ray and Myrna LeClerc for approval to annex all of Lot 1, Block 1, LeClerc's Addition to the city of Grand Forks, ND (located in the 5600 block of Belmont Road), and recommended approval of the ordinance to annex, to introduce the ordinance and to set the date of the public hearing and final passage for September 8, 1998.

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

Council Member Beyer introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Lot 1, Block 1, LeClerc's Addition to the city of Grand Forks, North Dakota", which was presented, read and passed
on its first reading.

ACCEPT PETITION TO VACATE THE BARRIER AND
ACCESS CONTROL LINE COMMON TO LOTS A AND
C, BLOCK 1, GRANSBERG 2ND RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Rydell Chevrolet, Oldsmobile, Cadillac, Inc. and Larson Enterprises for approval to vacate the barrier and access control line common to Lots A and C, Block 1 of Gransberg 2nd Resubdivision to the city of Grand Forks, North Dakota (located between Cartiva and Slumberland), and recommended approval of a resolution to vacate the southerly 30 feet of the northerly 55 feet of a barrier and access control line as platted and identified on a replat of Block 1 of Gransberg 2nd Resubdivision to the city of Grand Forks, North Dakota, subject to the petition being signed by both adjoining property owners, and to set the date of the public hearing for September 21, 1998.

It was moved by Council Member Lunak and seconded by Council Member Klave that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing bet set for Monday, September 21, 1998. Carried 14 votes affirmative.

HOLD MATTER OF PETITION TO VACATE PORTION
OF 30-FT. WIDE FIRE LANE, ACCESS AND UTILITY
EASEMENT LYING WITHIN LOTS 4 AND 5, BLOCK 1,
LARRY'S RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Badger Contracting, Inc. and Steven and Deborah Flaten for approval to vacate a portion of a 30-ft. wide fire lane, access and utility easement, including a 50-ft. by 50-ft. turn-around easement lying within Lots 4 and 5, Block 1, Larry's Resubdivision to the city of Grand Forks, North Dakota (located in the 1000 block of 1st Avenue North), and recommended approval of a resolution to vacate all that portion of a 30-ft. wide fire lane, access and utility easement including a 50 ft. x 50 ft. turn-around easement lying within Lots 4 and 5, Block 1, Larry's Resubdivision to the city of Grand Forks, North Dakota, subject to the petition being signed by all adjoining property owners, subject to providing the City of Grand Forks, ND an easement for the relocation of the 50 ft. by 50 ft. turn-around easement at the eastern end of said Lot 5 and subject to receiving a request from the property owners of Lots 4 and 5 to combine the two lots into a single parcel under one property number and to set the date of the public hearing for September 21, 1998.

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

Dennis Potter, city planner, asked that they hold this matter for two weeks. It was moved by Council Member Glassheim and seconded by Council Member Babinchak to table this matter. Carried 14 votes affirmative.

APPROVE RECOMMENDING REINSTATEMENT OF SECTIONS
OF LAND DEVELOPMENT CODE TEMPORARILY SUSPENDED
BY MAYOR AND COUNCIL DURING FLOOD DISASTER

The Planning and Zoning Commission reported having considered the matter of information relating to the reinstatement of sections of the Land Development Code that were temporarily suspended by the mayor and city council during the local disaster or emergency by Ordinance No. 3644, and recommended approval.

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

INTRODUCE ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED AND/OR RESERVED ON THE PLAT
OF LOT 8, COUNTRYSIDE SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Bruce Ternes for preliminary approval of a Replat of Lot 8, Countryside Subdivision, Grand Forks County, North Dakota, including a variance to the minimum lot size from five-acre average to two and one-half acre average (located at 2733 Prairie Road which is near the outer edge of the 2-mile limit of jurisdiction), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Map and to set the date of the public hearing for September 8, 1998.

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

Council Member Beyer introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand forks, North Dakota, to include the public rights of way shown as dedicated and/or reserved on the Replat of Lot 8, Countryside Subdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL) DISTRICT ALL
OF LOT B, HARTY'S SECOND RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Terry Rogers on behalf of Terry Rogers Construction, Inc. for preliminary approval of an ordinance to amend the Zoning Map to exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District all of Lot B, less the westerly 30 feet thereof, Harty's Second Resubdivision, city of Grand Forks, ND (located at 4330 Gateway Drive, north of MiniMart), and recommended preliminary approval of the ordinance amending the zoning map, to introduce the ordinance and to set the date of the public hearing for September 8, 1998.

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

Council Member Beyer introduced an ordinance entitled "An ordinance to amend the Zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-3 (General Business) district and to include within the I-2 (Heavy Industrial) District, all of Lot B, Harty's Second Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF LOTS
12 THROUGH 25, BLOCK 1, JOHNSON'S 4TH ADDITION
The Planning and Zoning Commission reported having considered the matter of the request from Tim Crary on behalf of Johnson Farms for preliminary approval of a Replat of Lots 12 through 25, Block 1, Johnson's 4th Addition to the city of Grand Forks, North Dakota (located west of South 40th Street between 13th and 15th Avenues South), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

DENY REQUEST TO AMEND ZONING MAP TO INCLUDE
WITHIN B-1 (LIMITED BUSINESS) DISTRICT LOT 5,
BLOCK 1, AIRPORT 2ND ADDITION AND LOT E, BLOCK
1, REPLAT OF LOTS 1, 2, 3 AND 4, BLOCK 1, AIRPORT
2ND ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Richard H. Leigh on behalf of R.L. partnership for preliminary approval of an ordinance to amend the Zoning Map to exclude from the R-4 (Multiple Family Residential) District and to include within the B-1 (Limited Business) District, Lot 5, Block 1, Airport 2nd Addition and Lot E, Block 1, Replat of Lots 1, 2, 3, and 4, Block 1, Airport 2nd Addition (located in the northwest corner of North 42nd Street and 6th Avenue North), and recommended denial of the request.

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

MATTER OF EVENTS CENTER UPDATE

Council Member Carpenter reported that the Events Center Core Committee would be meeting on August 27 at 12:00 noon to hear report on geothermal, and working session to review the DD drawings and have estimated cost based on the DD drawings from Mortenson's.

DIRECT THAT LETTER BE SENT TO THE NDDOT
THAT CITY WISHES TO PROCEED WITH LIGHTING
OF ENGLISH COULEE PEDESTRIAN BIKEWAY

The City Bikeway Committee recommended that he city council write a letter to the NDDOT informing them the City desires to proceed with the lighting of the English Coulee Pedestrian Bikeway with Transportation enhancement funding not to exceed $56,000.

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

APPROVE CONTRACT RENEWALS FOR CDBG FUNDED
STAFFING

The Flood Response Committee reported having considered the matter of CDBG year 2 contract renewals, and recommended approval of the attached recommendations for CDBG contract renewals and non-renewals: Document No. 7624 - listing.

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

Mr. Swanson reported that his office is potentially affected by this action but is not included in the listing, that he has three staff positions in his office (an administrative assistant, legal assistant, and secretary), that they are not city employees but contract employees with the law firm of Letnes, Marshall & Swanson and that is why not included the report from Human Resources, and it would appear that their services will be required into the next year, and suggested that if they would like to include at this time, could amend the motion or could take those positions back to committee.

It was moved by Council Member Hafner and seconded by Council Member Bakken to include those positions. Carried 14 votes affirmative.

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

APPROVE 1998 GRANT AGREEMENT WITH FEDERAL
TRANSIT ADMINISTRATION

The Bus Committee reported having considered the matter of approval of 1998 grant agreement with Federal Transit Administration, and recommended approval of FTA Grant Agreement in the amount of $486,237 and authorize proper City officials to execute documents.

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

APPROVE APPOINTMENT TO PLANNING & ZONING
COMMISSION

Mayor Owens announced the re-appointment of Robert Kweit to the Planning and Zoning Commission for a five-year term expiring August 4, 2003, and asked for concurrence in the appointment. It was moved by Council Member Glassheim and seconded by Council Member Klave that this appointment be and is hereby approved. Carried 14 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary dated August 17, 1998, totaling $17,450.00, was presented and read.

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

RECONSIDER ORDINANCE NO. 3725, ZONING REGULATIONS
SECTION 18-0212 R-5 (MOBILE HOME RESIDENCE) DISTRICT,
SUBSECTION 8 YARD REQUIREMENTS RELATAING TO
DISTANCES BETWEEN UNIT, AND REQUEST CITY ATTORNEY
TO REVIEW

Council Member Hamerlik moved to reconsider the ordinance to amend the zoning regulations Section 18-0212 (Ordinance No. 3725 adopted on August 3, 1998), Council Member Brooks seconded the motion.

Upon call for the question of reconsideration and upon roll call vote, the following voted "aye": Council Members Polovitz, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson, Brooks - 11; voting "nay": Council Members Lucke, Beyer, Bakken - 3. Mayor Owens declared the motion for reconsideration of the ordinance carried.

Mr. Swanson advised council that what they now have before them is the second reading of the ordinance regarding the setback between mobile homes, and as stated at last meeting the action that would be taking has this effect: a no vote maintains the separation at 15 ft., a yes vote changes the separation from 15 ft. to 20 ft., that the ordinance is before them on second reading, and that ordinance can be amended, tabled, passed or defeated.

Council Member Glassheim stated that there was a 20 ft. separation for twenty years, that was the norm but council changed that less than a year ago down to 15 ft. at the urging of one of the trailer parks, that we didn't give a lot of consideration as it was post-flood and probably not carefully considered at the time, and this is a request to restore it to what it had been.

Council Member Polovitz stated that the smaller spacing was needed because there were larger units coming in, larger and more modern, and that it was post-flood and one of mobile home parks came in and explained and needed spacing to be smaller.

Council Member Hafner suggested that the maintain existing parks at 15 ft. and have new parks at 20 ft.

Council Member Beyer reported that there was a reason after the flood why the trailer park owners came in, that was a non-complying trailer court from the time it went in for Boeing when they were at the Air Base and the rules were at the time that a trailer house was moved out, they had to comply, therefore, after the flood the trailer company that now owns it had to comply and they came back to us and was led to believe that the homeowners that were still there agreed with this, however, they weren't contacted; and the reasons why they aren't in compliance is that part of the rationale they gave us was that the bigger trailer houses now but they were non-complying trailer court before and as new units came in they had to change.

Council Member Klave stated that at meeting he heard from residents that if they change this back again, they will be the ones that have to pay the bill, because it will decrease the number of trailers in the park and in order to make the park cash flow, rents will increase; that the State law states 15 ft. and feels that is sufficient, that he heard no complaints from fire or police.

Council Member Martinson stated that the company that owns that park is now on park sales, they want to get rid of the older mobile homes, open up lots, put in new trailers and set up on turn-key sale operation, and stated that the older people in that park on fixed income will be hurt.

Bev Collings, Inspections Department, stated they have not been in favor of changing it to 20 ft., that she doesn't have a building code issue on it, but a logical issue on enforcement with decks, sheds, or other attachments to the home, etc., the home is in non-compliance in the 20 ft. previous but they are in non-compliance on other issues also, and when issue discussed with the residents, it was discussed with residents of that mobile home community, not others, and thinks they want distance to be 20 ft. but don't want to pay for it. She stated those were the rules previously, was 20 ft., and if unit went out a new one that came in had to meet the 20 ft. and doesn't know if rents increased, but other issue she would like to bring up would be the issue of a new mobile home court community, and have another ordinance that says only 8 per acre, and if do the math doesn't think will be able to put 15 ft. apart, have to put at least 20 ft. apart, so protects the new homes, that this is a hard issue to enforce and is in favor of the 20 ft.

It was noted that the 15 ft. is from structure to structure, and if adding decks, etc. they are in violation.

Mayor Owens closed the public hearing; and stated that a no vote leaves the space at 15 ft. and a yes vote changes it to 20 ft.

Upon roll call vote, the following voted "aye": Council Members Lucke, Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken - 7; voting "nay": Council Members Hamerlik, Lunak, Klave, Hafner, Martinson, Brooks, Polovitz - 7. The motion tied.

Mr. Swanson reported that in his years in that position, he has never been called upon to render an opinion as to whether the mayor can cast a tie deciding vote in the adoption of an ordinance, that by Century Code in 40-11-02 it requires that a majority of all members of the governing body must concur in the passage of the ordinance before it is adopted, our Code speaks in terms of the mayor passing a deciding vote in instances of the adoption of a resolution, and advised the Mayor that he is not prepared to render an opinion one way or the other as to whether she can cast a vote deciding a tie issue. He stated as a practical matter that if her vote were to be no, it's a moot issue, if her vote were to be yes, he would require additional time to research the issue. Mayor Owens asked Mr. Swanson to research.

CONSIDER MATTER OF BIDS FOR DEFINED
CONTRIBUTION PLAN

The city auditor reported that they had sent out proposals for a defined contribution plan and asked for council's direction on several proposals that came in late. He reported they received proposals from First National Bank, Primerica Financial Services, Dain Rauscher, First American Bank, and A.G. Edwards & Sons, Inc., that they had asked that proposals come in a sealed package and be submitted by 2:00 p.m. Friday, August 7, 1998; that there were two bids submitted after that time by U.S. Bank and Paine Webber at 2:45 p.m., that they had shipped by Airborne Express the previous day with a guarantee that they would be here by noon, and in checking with Airborne Express their planes were grounded in the evening due to fog and could not take off, and proposals did not come in until 2:45; and that they received one from Franklin Financial Services and that was delivered by a local representative and booklets hand carried and not in a sealed package and arrived at 3:00 p.m. and asked Mr. Swanson for some advice on this as to what council's options area.

Mr. Swanson advised that the council's options would be to make a decision as to whether or not there are irregularities that council finds appropriate to waive or could hold by the published requirements; there appears to be two separate instances: one where non-delivery occurred and untimely delivery occurred due to fog and second has to do with untimely delivery but also failure to have sealed proposal, could treat separately or together, waive defect or could refuse to waive the defect, vested in council's discretion.

Council Member Hafner moved to waive the minor defect on the two proposals that were sent by courier, did in good faith, and not their fault that there was a problem with delivery; seconded by Council Member Klave. Carried 14 votes affirmative.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that the proposal that was hand carried and not in sealed proposal be denied and return bid to them. Carried 14 votes affirmative.

The city auditor reported that will allow them to open other proposals and refer to the pension subcommittee for review.

APPROVE REQUEST FOR NOISE VARIANCE BY
SIGMA CHI FRATERNITY

The city auditor reported he had received request from Sigma Chi Fraternity for a noise variance waiver for Sunday, August 23, 1998, for an alcohol-free function on the front lawn of the house, live band open to the campus starting at 10:00 p.m. until 12:30 a.m., area fenced off with professional security guards to maintain control. It was moved by Council Member Bakken to approve the request but to run through the police department and to give fraternity word of caution on the noise levels. The motion was seconded by Council Member Babinchak. Carried 14 votes affirmative.

APPROVE ENCROACHMENT AGREEMENT AT 513 13TH
AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of encroachment agreement at 513 13th Avenue South, and recommended that we approve the encroachment agreement.

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

APPROVE BID FOR RESIDENTIAL ENVIRONMENTAL
ABATEMENT

The Flood Response Committee reported having considered the matter of residential environmental abatement (Bid Pkg. #38), and recommended acceptance of the low bid by MAAC for Bid Package #38 in the amount of $21,709.00 for 10 homes.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

REFER VARIOUS ITEMS TO COMMITTEE

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

1) Council Member Hamerlik reported that at the last meeting of the council he referred to public safety the matter of sanitation pickup in several areas, that they met and tabled the matter and he suggested that it go to public service, and the matter was referred to public service.
2) Mr. Swanson asked for referral to the public safety committee, the matter of consideration of adoption of an ordinance prohibiting the possession or manufacturing of false identification documents. The matter was referred to public safety committee.

ADJOURN

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

Respectfully submitted,


John M. Schmisek
City Auditor

Approved:
__________________________________
Patricia A. Owens, Mayor