Council Minutes

16895
March 6, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 6, 2000

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, March 6, 2000 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.

ACCEPT GRANT FROM STATE FARM INSURANCE
COMPANIES FOR INTERSECTION STUDY

Jeff Meert and Donna Remer, representatives of State Farm Insurance Companies, stated they were here as part of State Farm’s long standing commitment to public safety, and presented a grant to Mayor Owens in the amount of $19,980.00 for a professional engineering study of the DeMers Avenue and South Washington Street intersection, stating that this intersection is one intersection with the highest incidence of crashes in North Dakota, and that they are funding the study as part of a national program to focus attention on intersection study, the study will be complete by the end of 2000. Mayor Owens thanked Mr. Meert and Ms. Remer for the grant.

FLOOD REPORT

Charles Grotte, Public Works, reviewed the highlights of the March 6, 2000 flood update; that the Corps of Engineers is continuing to work on their alignment design memorandum and hope to have that done in June of this year; the final alignment recommendations were made at the last Flood Protection Committee meeting and are on the agenda tonight. He stated that the Corps of Engineers will be advertising the Riverside Dam work here on March 8 with a bid opening scheduled for April 10; that the North Dakota State Water Commission is getting ready to sell bonds as agreed by the State during their last legislative session to pay for 45% of our share of the project cost, up to $52 million, and as part of that the State intends to sell about $22 million worth of bonds on March 22; that the City’s Special Assessment Commission has set a public hearing for Tuesday, March 21, at 7:00 p.m. in the civic auditorium to discuss the special assessment process for the dike; that under Acquisitions, Property Disposition Policy Group has started meeting to go over process to start disposing of homes that weren’t needed, etc. and that will be an on-going process; and attached to that there was a Greenway update and the items of interest there are that the Grand Forks Flood Protection subcommittee has been and continues to meet with both the Park District and the City of East Grand Forks on relations within the greenway, the Red River Renaissance and our relationship with the Park District. The question was raised as to where the money would go when houses are repurchased from the City. Mr. Grotte reported that those 9 homes were purchased with CDBG money so it goes back into Program income of the CDBG Program.

APPROVE MINUTES

Typewritten copies of the minutes of the regular meeting held on December 20, 1999, were presented and read. It was moved by Council Member Hafner and seconded by Council Member Lunak that these minutes be approved as read. Carried 14 votes affirmative.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3841, AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF USELDINGER’S FIRST 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 Useldinger’s First Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on February 7, 2000, 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 upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Branden Bartholomew on behalf of Guy Useldinger for final approval of a plat of Useldinger’s First Addition to Grand Forks, North Dakota, being part of the Southeast Quarter of the Southeast Quarter of Section 31, Township 151 North, Range 50 West of the 5th Principal Meridian (located in the 4400 block of 76th Avenue South based on city addressing or located in the 12th block or mile of 12th Avenue Northeast (also referred to as Merrifield Road or County Highway 6) based on County or 911 addressing, and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map. The recommendation had been moved and seconded by Council Member Polovitz and Council Member Babinchak.

Upon call for the question of adoption of this ordinance and 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 ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3842, AMENDING THE STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AND DEDICATED ON
THE PLAT OF AUDITOR’S SUBIVISION NO. 31

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 Auditor’s Subdivision No. 31 to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on February 7, 2000, 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 Advanced Engineering on behalf of Johnson Farms for final approval of a plat of Auditor’s Subdivision No. 31 to the city of Grand Forks, North Dakota being a portion of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 12, Township 151 North, Range 51 West of the 5th Principal Meridian (located east of South 58th Street between DeMers Avenue and 11th Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending he Street and Highway Map. The recommendation had been moved and seconded by Council Member Polovitz and Council Member Carpenter.

Upon call for the question of adoption of this ordinance and 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 ordinance adopted.

ADOPT ORDINANCE NO. 3843, RELATING TO LAND
DEVELOPMENT CODE, AMENDING ARTICLE II AND
ARTICLE III

An ordinance entitled “An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article II and Article III”, which had been introduced and passed on its first reading on February 7, 2000, 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 Grand Forks Planning Department for final approval of an ordinance to amend the Land Development Code, Rules and Definitions Section 18-0204(2), Signs, Section 18-0301(9); Appendix F; to permit business landmark signs, and recommended final approval and passage of the ordinance amending the text of the Land Development Code. The recommendation had been moved and seconded by Council Member Polovitz and Council Member Hafner.

Upon call for the question of adoption of this ordinance and 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 ordinance adopted.

ADOPT ORDINANCE NO. 3844, RELATING TO BOARD
OF HEALTH COMPOSITON AND POWERS

An ordinance entitled “An ordinance amending Section 13-0106 of the Grand Forks City Code relating to the Board of Health composition and powers”, which had been introduced and passed on its first reading on February 22, 2000, was presented and read for consideration on second reading and final passage.

Mr. Swanson, city attorney, reported there is a draft of the ordinance which has two minor changes, that in the first line the word “aldermen” should be changed to “council members” and in the fourth line the word “citizens” should be changed to “residents of the city”. It was moved by Council Members Hafner and Bakken that the ordinance be amended as noted. Carried 14 votes affirmative.

Upon call for the question of adoption of this ordinance, as amended, and 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 ordinance adopted.

HOLD PUBLIC HEARING ON TRANSPORTATION
IMPROVEMENT PROGRAM FOR TRANSIT OPERATING
AND CAPITAL ASSISTANCE UNDER URBAN MASS
TRANSPORTATION ACT

The city auditor reported that the notice of public hearing on the matter of consideration of the Transit Operating and Capital Assistance under 49 USC 5307 (formerly Section 9 of the Urban Mass Transportation Act (UMTA) of 1964, as amended, and Program of Projects for the period from January 1, 2000 to December 31, 2000, had been published as required, and that no comments had been filed.

Mayor Owens opened the public hearing. There were no comments and the public hearing was closed.

CONTINUE PUBIC HEARING ON PETITION TO
VACATE A 10-FOOT WIDE ELETRIC AND GAS EASE- MENT ON LOT 2, BLOCK 2, RENEWAL RESUB NO. 5
TO MARCH 20, 2000

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a 10-foot wide electric and gas easement located on Lot 2, Block 2, Renewal Resubdivision No. 5, the required legal notice had been published calling for a public hearing to be held on March 7, and further that 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 no comments from the public

The city auditor reported that the date for the public hearing had been set for the 7th day of March and would need a motion to continue this matter.

It was moved by Council Member Babinchak and seconded by Council Member Hamerlik to continue the public hearing on this matter to March 20, 2000. Carried 14 votes affirmative.




CONTINUE PUBLIC HEARING ON PETITION TO
VACATE A PORTION OF THE UTILITY AND ROADWAY
EASEMENT IN LOTS 2 AND 7, BLOCK 1, KANNOWSKI’S
FIRST ADDITION TO MARCH 20, 2000

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of the utility and roadway easement located on Lot 2 and Lot 7, Block 2, Kannowski’s First Addition, the required legal notice had been published calling for a public hearing to be held on March 7, and further that 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 no comments from the public
The city auditor reported that the date for the public hearing had been set for the 7th day of March and would need a motion to continue this matter.

It was moved by Council Member Babinchak and seconded by Council Member Martinson to continue the public hearing on this matter to March 20, 2000. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 00-03, dated March 6, 2000, and totaling $2,198,293.32, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

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

SUSPEND AGENDA AND CONSIDER MATTER OF
CORPS OF ENGINEERS ALIGNMENT

It was moved by Council Member Hafner and seconded by Council Member Martinson to suspend the council agenda and consider the matter of Corps of Engineers alignment. Carried 14 votes affirmative.

The Flood Protection Committee reported having considered the matter of the Corps of Engineers alignment, and recommended that the city council adopt the modified GRR alignment as presented in the January 26, 2000 Corps of Engineers maps except in the Wintergarden area where we recommend placing a floodwall that is four feet higher than current design, and in the Northridge Hills area and 4722 River Oaks Circle where we recommend placing a stabilized levee behind the homes and that the City give a high priority to relocating homes which cannot be saved to suitable sites nearby.

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

Charles Grotte, Public Works, reported they sent out a package to everyone dated March 3 which included a cost estimate that compares both the floodwall and a stabilized levee at locations which the Corps of Engineers had in their GRR report, the floodwall options shown did not include the cost of raising floodwalls four feet behind the Wintergarden homes.

He also stated that where changes made and that he talked with Lisa Hedin, Corps of Engineers, on how they work with these changes, and it’s not an accumulative savings, can’t take the savings from one spot and transfer it to off-set a cost in another area. He stated that a floodwall 4 ft. higher on the Wintergardens came to $348,000 and with the level of estimating it comes out a wash; however, even there the $348,000 is a betterment because the Corps will only participate in a floodwall to the normal height at that location even though we show a savings. It’s not to say you can’t do that work, the Corps would still be willing to do the work but it would cost the City the full $800,000+. He stated that the State has agreed to pay 45% of our costs on the project as identified earlier. Council Member Brooks stated that if the City wants to do a betterment we have City funds that we could do that with as part of the contingency. Council Member Beyer stated that’s a Corps approved project and we cannot do a betterment out of the contingency on the Corps approved project, it’s a betterment in addition and can’t come out of the contingency. Mr. Grotte stated that the Corps controls what we get credit for (lands, easements, rights of way, relocation, etc.) and if we want to do something that isn’t consistent with standard Corps procedures such as a taller floodwall, etc. and that costs more, the City essentially pays for
that and most likely at 100%. It was noted that a betterment would be a special assessment to the taxpayers of the city because that is our portion of the project.

Council Member Bakken stated that they are supposed to be doing what’s in the best interest of the city long term and shortly after the flood they agreed that the best interests of the city long term were to move as many people as they could as far away from the river and harm’s way as they could, and now we are trying to keep people as close to the river as possible, that in the future we won’t have funds to move people away, and that it seems we’ve moved away from that policy. Council Member Brooks stated he is talking about saving part of the housing stock of the city and trying to maintain one of our neighborhoods that has a real historic value to the city, that we lost two of the other ones.

Council Member Brooks moved an amendment to the GRR alignment to include an exception for the Lewis Boulevard Change #5. Council Member Lunak seconded the motion.

It was moved by Council Member Brooks and seconded by Council Member Babinchak to divide the question, to take Lewis Boulevard amendment out of the original question.

Council Member Babinchak withdrew her second to the motion; and Council Member Lunak seconded the amendment.

Council Member Martinson asked if they could look at Lewis Boulevard as they did in the Northridge area, and a chance of saving some homes there. Mr. Grotte stated they’ve already done that and it’s in the latest package, looking at the floodwall it was $l.5 million to save homes and garages and with the new alignment it’s like $880,000 with the levee.

Council Member Beyer stated that when the City commissioned the Shannon & Wilson report, they were here in July to show us some of the options and changes that they found in the soil stability, and also cautioned the City strongly that the soils in the Lewis Boulevard area were very weak, not comparable to what they found on Northridge Hills, the techniques they are talking about for soil stabilization are deep soil mixing, expensive, when you break it down per home, the additional cost of the assessments across the city and would encourage the council to defeat this amendment.
Council Member Hafner stated that through the latest round of studies and changes they’ve saved 50 homes, and now only looking at 45 more homes that need to go as a result of the dike, some people will have the opportunity to buy their houses back, that we have to think in the best interest for the city as a whole and how much this will cost as well as the safety issues. Council Member Bouley stated that of those homes, some of them want to go, and that by relocating some of these houses they would be helping the neighborhood by moving houses in to fill some of the lots that are empty.

Upon call for the question on the amendment (Lewis Blvd. Change #5 - levee) and upon roll call vote, the following voted “aye”: Council Members Lunak, Martinson, Brooks, Lucke - 4; voting “nay”: Council Members Klave, Beyer, Babinchak, Bakken, Hafner, Polovitz, Hamerlik, Bouley, Glassheim, Carpenter - 10. Mayor Owens declared the amendment defeated.

Upon call for the question on the original motion and upon roll call vote, the following voted “aye”: Council Members Klave, Beyer, Babinchak, Hafner, Martinson, Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter - 12; voting “nay”: Council Member Bakken, Lunak - 2. Mayor Owens declared the motion carried.

APPROVE APPLICATION FOR THREE-YEAR EXEMPTION
ON PROPERTY AT 2303 COTTONWOOD STREET

Committee No. 1, Finance, reported having considered the application for exemption of improvements to commercial/residential buildings at 2303 Cottonwood Street, and recommended approval of a three-year exemption in the amount of $20,000 for 2303 Cottonwood Street.

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

INTRODUCE ORDINANCE RELATING TO SALARY
CHANGES

Committee No. 1, Finance, reported having considered the matter of amendment to Section6-0407(4) Civil Service Code, relating to anniversary dates as result of reclassification, and recommended approval of the amendment to Section 6-0407(4) or 6-0306(4) Civil Service Code re. anniversary dates as result of reclassification as well as introduction for first reading.

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

Council Member Babinchak introduced an ordinance entitled “An ordinance amending Section 6-0306 of the Grand Forks City Code relating to salary changes”, which was presented, read and passed on its first reading.

APPROVE AMENDMENT TO MARKET ANALYSIS
CONTRACT

Committee No. 1, Finance, reported having considered the matter of amendment to the market analysis contract, and recommended approval of a contract amendment with Fox Lawson in the amount of an additional $2,000.

It was moved by Council Member Carpenter and seconded by Council Member Brooks 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 BUDGET FOR ADMINISTRATIVE
COORDINATOR RECRUITMENT

Committee No. 1, Finance, reported having considered the matter of budget approval for the administrative coordinator recruitment, and recommended approval of a budget for the administrative coordinator recruitment not to exceed $13,000.

It was moved by Council Member Carpenter and seconded by Council Member Brooks 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 LUNAK EXCUSED

ADOPT RESOLUTION APPROVING SRF LOAN FOR
WATER PROJECTS

Committee No. 1, Finance, reported having considered the matter of the SRF (State Revolving Fund) loan for water projects, and recommended to approve the resolution setting and authorizing the issuance of $13,200,000 Water Utility Revenue Bonds, Series 2000A, to finance the undertaking of an expansion and improvement of the municipal water utility.

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

Council Member Carpenter introduced the following resolution which was presented and read: Document No. 7931 - Resolution.

It was moved by Council Member Carpenter and seconded by Council Member Brooks that this resolution be and is hereby adopted. Upon roll call the following voted "aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE SPECIFICATIONS FOR TOWING VEHICLE
FOR FIRE DEPARTMENT AND BUDGET AMENDMENT

Committee No. 2, Public Safety, reported having considered the matter of specifications for ¾ ton towing vehicle for fire department, and recommended approval of the specifications for a ¾ ton pickup in the amount of $22,569.00 and approval of a budget amendment using cash carryover.
It was moved by Council Member Bouley and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT WITH CSCC REGION IV
ABSTINENCE EDUCTION GRANT

Committee No. 2, Public Safety. reported having considered the matter of Health Department CSCC Region IV Abstinence Education Grant, and recommended to approve the agreement with CSCC for the Region IV Abstinence Education Grant subject to review by the city attorney.

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

APPROVE BUDGET AMENDMENTS

A request from the Community Initiative Program (HL15) for transfer of 1999 carryover monies in the amount of $14,030, was presented and read.

A request from the Police Department for transfer of $4,040.00 to reflect grant funds for confidential
narcotics buys received in 1999 and not expended, donations received from NTF Asset Forfeiture Fund to cover SET vest expenses and additional buy fund money and donations, was presented and read.

It was moved by Council Member Bouley and seconded by Council Member Bakken that these budget amendments be and are hereby approved. Carried 12 votes affirmative; Council Member Brooks voting against the motions.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECTS NOS. 5023, 5086, 5136 AND
5145, SOLID WASTE BALING FACILITY

Committee No. 3, Public Service, reported having considered the matter of engineering agreement amendment, Solid Waste Baling Facility Construction Services, Authorization No. 4, Projects nos. 5023, 5086, 5136 and 5145, Burns & McDonnell, and recommended to approve the amendment in an amount not to exceed $222,725.00.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 5086,
BALING FACILITY STRUCTURE, SCHEDULE B

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 2, Baling Facility Structure, Schedule B Mechanical, Project No. 5086, Lunseth Plumbing and Heating, and recommended to approve the change order in the amount of $5,927.00.

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

APPROVE CHANGE ORDER FOR HISTORIC HOME
RELOCATION, 1 LINCOLN DRIVE

Committee No. 3, Public Service, reported having considered the matter of change order for Historic Home Relocation, 1 Lincoln Drive, Tony Anderson Construction, and recommended to approve change order in the amount of $5,725.00.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4822,
PUBLIC WORKS FACILITY RENOVATION

Committee No. 3, Public Service, reported having considered the matter of change order for Public works Facility Renovation, Project No. 4822, Bergstrom Electric, Inc., and recommended to approve the change order in the amount of $4,710.00.

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

APPROVE BIDS FOR FLEET VEHICLES

Committee No. 3, Public Service, reported having considered the matter of bids for fleet vehicles, and recommended acceptance of the following bids: 1) Sanitation Department - two-wheel drive ½ ton pickup with trade-in for $14,145.00 to Hansen Ford; 2) 2-wheel drive ½ ton pickup without trade-in, Rydell Chevrolet at $15,086.00; 3) 4-wheel drive ¾ ton pickup (with snowplow package) with trade-in for Street Department, Rydell Chevrolet at $20,816.00; 4) 4-wheel drive ¾ ton pickup for Wastewater, excluding snow-plow package, Rydell Chevrolet, $19,499.00; and Fire Department ¾ ton pickup 4-wheel drive with the snowplow package, Rydell Chevrolet at $21,916.00; and 5) 4-wheel drive utility vehicle, Hansen Ford, at $28,832.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE BID FOR TRACTOR FOR WASTEWATER
DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for tractor (with trade-in for Stormwater/Wastewater Departments), and recommended to accept the bid of Reiten & Young International, Inc. in the amount of $31,950.00.

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

ACCEPT BID FOR MOWER

Committee No. 3, Public Service, reported having considered the matter of bids for mower, and recommended to accept the bid for Flail mower to be attached to tractor, RDO Equipment, with trade-in, in the amount of $3,700.00.

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

ACCEPT BID OR OFFICE FURNITURE

Committee No. 3, Public Service, reported having considered the matter of bids for system office furniture (for two conference rooms and 7 offices and office chairs), and recommended to accept the bid of Norby’s Works Perks in the amount of $31,608.00.

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

APPROVE VARIOUS EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of various easements for Project No. 4849, Pump Station No. 40, Project No. 4853, Forcemain to Pump Station No. 40, and project No. 4927, sanitary sewer to Pump Station No. 40 (CDBG), a) Pump Station easement; b) roadway and utility easement along 55th Avenue South; and c) temporary construction easement along 55th Avenue South, and recommended to approve the easements at a cost of $9,900.00 with funding from Contingency Fund for Downtown Watermain Replacement Phase I, Project No. 4804.

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

APPROVE EASEMENT FOR PROJECT NO. 5029

Committee No. 3, Public Service, reported having considered the matter of utility easement and 3-way agreement pertaining to sanitary sewer connection fee (collection and dispersal), sanitary sewer, private construction and funding, on Aspen Circle and its northerly extension between 36th and 40th Avenue South, for and in consideration of the sum of $1.00, D.T. Parker Profit Sharing Plan and Trust, Catholic Diocese of Fargo, ND, and recommended to approve contingent upon receipt of any other approvals or easements and that it meets the City of Grand Forks’ requirements for a public sanitary sewer.

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

APPROVE PROJECT CONCEPT REPORT FOR PROJECT
NO. 5089

Committee No. 3, Public Service, reported having considered the matter of Project Concept Report for Project No. 5089, paving North Washington Street from 8th Avenue to Gateway Drive, and recommended to approve the Project Concept Report.

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

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 5142, REPAIR LAGOON OUTFALLS

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services, design agreement with Webster, Foster & Weston for Project No. 5142, Repair Lagoon Outfalls, and recommended to approve the agreement through the bidding phase in an amount not to exceed $24,218.00.

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

APPROVE AMENDMENT FOR ENGINEERING SERVICES
FOR PROJECTS NOS. 5139, 5140 AND 5141

Committee No. 3, Public Service, reported having considered the matter of design agreement with Webster, Foster & Weston for Project No. 5139, 5140 and 5141, Rehabilitate Pump Station No. 26, No. 24 and No. 12, and recommended to approve the agreement in an amount not to exceed $81,900.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5150, DISTRICT NO. 431

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 5150, District No. 431, storm sewer on South 38th Street from 36th Avenue South to the Southend Drainway, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7932 - Resolution.

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

ACCEPT ENGINEER’S REPORT, SEWER PROJECT
NO. 5150, DISTRICT NO. 431

The city auditor presented and read the engineer’s report on Sewer Project No. 5150, District No. 431: Document No. 7933 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 5150, DISTRICT
NO. 431

Council Member Klave introduced the following resolution to prepare plans and specifications, which
was presented and read: Document No. 7934 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted "aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5119, DISTRICT NO. 577

The city engineer’s estimate of total cost of the construction of alley paving in 1100 block between Almonte Avenue and Reeves Drive, in the amount of $41,852.47, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5119, District No. 577, alley paving in 1100 block between Almonte and Reeves, and recommended to pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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