Council Minutes


PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, May 1, 1995

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, May 1, 1995 at the hour of 7:30 o'clock p.m. with President Hagness presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; absent: none.

President Hagness announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the issue.

CONTINUE PUBLIC HEARING AND SECOND READING
OF AN ORDINANCE TO ANNEX ALL OF COLUMBIA
PARK 24TH ADDITION AND A PORTION OF THE WEST
HALF OF SW QUARTER NW QUARTER, SECTION 21,
T151N, R50W 5TH PM TO MAY 15, 1995

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Columbia Park 24th Addition, Grand Forks, North Dakota and a portion of the West Half of the Southwest Quarter of the Northwest Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on April 17, 1995, was presented and read for consideration on second reading.

The city auditor reported that the notice of public hearing on the annexation had not been published as required. It was moved by Council Member Hanson and seconded by Council Member Babinchak that the public hearing and second reading of the ordinance be continued until Monday, May 15, 1995 at 7:30 p.m. Carried 14 votes affirmative.

CONTINUE SECOND READING OF AN ORDINANCE
IMPOSING A SOLID WASTE SURCHARGE

An ordinance entitled "An ordinance adopting Section 13-0408.1 of the Grand Forks City Code relataing to a garbage and rubbish collection surcharge”,
which had been introduced and passed on its first reading on April 17, 1995, was presented and read for consideration on second reading.

At the request of the city attorney, it was moved by Council Member Babinchak and seconded by Council Member Geller that second reading of the ordinance be postponed until May 15, 1995. Carried 14 votes affirmative.

CONTINUE PUBLIC HEARING ON DETERMINATION OF
SUFFICIENCY OF PROTEST ON PAVING PROJECT NO.
4246, PAVING DISTRICT NO. 529

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 529, Project No. 4246, paving on North 51st Street from 6th Avenue North to approx. 135 ft. north of 7th Avenue North, had expired on April 28, 1995, and that he had received no written protests; however, he reported that the bid opening date had been delayed for two weeks and bids would be opened on May 8, 1995.

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

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Because of the delay in the bid opening, it was moved by Council Member Klave and seconded by Council Member Babinchak that the public hearing be continued to May 15, 1995. Carried 14 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Klave and seconded by Council Member Beyer that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back with recommendation. Carried 14 votes affirmative.

Finance Committee:
1) matter of amending Section 14-0203 of the City Code, Parking Authority request to amend definition of operation and maintenance to include construction and acquisition of property.

REPORTS OF OFFICERS

The city auditor's report on investments for period ending April 30, 1995 was presented and read. It was moved by Council Member Hanson and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 14 votes affirmative.

The city auditor's statement of changes in cash balances for period ending March 31, 1995 was presented and read. It was moved by Council Member Beyer and seconded by Council Member Hanson that this report be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-07, dated May 1, 1995, and totaling $578,181.47, all having been audited by the city auditor for payment in accordance with Regulation No.2, was presented and read.

It was moved by Council Member Hanson and seconded by Council Member Hoeppner 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 Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the motion carried and the bills ordered paid.

APPROVE JOB DESCRIPTION FOR ENVIRONMENTAL
COORDINATOR POSITION AND REFER TO CIVIL SERVICE

Committee No. 1, Finance, reported having considered the matter of environmental coordinator position, and recommended to approve the job description and to refer to Civil Service for classification.

Committee No. 3, Public Service, reported having considered the matter of job description for environmental coordinator position, and recommended to approve the job description.

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

AMEND JOB DESCRIPTION FOR PERSONNEL
TECHNICIAN

Committee No. 1, Finance, reported having considered the matter of job
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description for personnel technician, and recommended to make change in the job description under experience to remove criteria "equivalent to Secretary II", to make requirement 3 years of experience in a position of dealing with the public.

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

AUTHORIZE RETROACTIVE PAY FOR POLICE
SERGEANTS

Committee No. 1, Finance, reported having considered the matter of retroactive pay for police sergeants, and recommended to authorize back pay to April 1, 1992 for police sergeants.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

CONSIDER REPORT FOR FUNDING SOURCE FOR DETOX
CENTER AND REFER TO COMMITTEES FOR CONSIDERATION

Committee No. 1, Finance, reported having considered the matter of the report from subcommittee on funding sources for detox center, and recommended that the following financing report be referred to council along with the finding that there was not significant non-governmental sources of revenue: a) Human Needs fund, $20,000; b) CDBG grant money, $20,000; c) United Way, $8,000; d) United Hospital, $20,000 and other resource assistance; e) liquor license fees (15%) $26,250; f) County, $12,500; g) Northeast Human Services, $10,000; h) Court system, adding $10.00 to fine for alcohol-related offenses; and i) Central Business District, $2,000 (though not realistic).

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

Ernie Gregoire, 615 North 39th Street, commercial real estate broker, suggested Lucky Inn Motel as location that might be suitable for a detox center, and wanted to bring this to the attention of the council.

Several individuals appeared and urged support in the development of a detox center in this community: Brad Gibbens, 2515 Knight Drive; Gwen Crawford, 109 Chestnut Street; and Mary Mannes, who lives downtown.

After considerable discussion it was moved by Council Member Carpenter and seconded by Council Member Geller to receive and file. Carried 14 votes affirmative.

It was moved by Council Member Glassheim and seconded by Council Member Hanson that we proceed with a detox center, and refer back to finance committee to work out a final finance package, to public safety to determine the method of operating and to urban development to recommend a location.

After further discussion and upon roll call vote, the following voted "aye": Council Members Beach, Hoeppner, Hanson, Glassheim, Carpenter, Klave, Beyer, Geller - 8; voting "nay": Council Members McCabe, Hamerlik, Sande, Babinchak, Johnson, Hagness - 6. President Hagness declared the motion carried and the matter referred to committee as noted.
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It was then moved by Council Hamerlik that we defer finalizing any plans for a detox center until a vote of the regular electorate, the citizens of Grand Forks, can be held in order to obtain the will of the majority of the voters, and that we abide by the outcome of their vote.

President Hagness advised Council Member Hamerlik that he would not accept that motion at this time, but could be brought up under new business.

Council Member Hamerlik asked for a ruling from the parliamentarian if that is new business. City Attorney Howard Swanson advised that he would rule that it is in fact new business as calling for a vote at the next general election.

APPROVE REQUEST BY USDA FOR CLEARANCE
FOR ANIMAL DAMAGE CONTROL WITHIN CITY
LIMITS

Committee No. 2, Public Safety, reported having considered a request by USDA, District Field Assistant, for clearance to do animal damage control (beaver removal) within city limits, and recommended to approve agreement and authorize proper City officials to enter into the agreement for animal damage control.

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

RECEIVE AND FILE MATTER OF VIOLATION OF
NOISE ORDINANCE AT UND MEDICAL FACILITY AT
COLUMBIA ROAD AND 5TH AVENUE NORTH

Committee No. 2, Public Safety, reported having considered the report on matter of violation of noise ordinance at UND Medical Facility on Columbia Road at 5th Avenue North, and recommended to receive and file.

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

APPROVE REQUESTS FOR HANDICAPPED PARKING

Committee No. 2, Public Safety, reported having considered the matter of handicapped parking space at 525 North 25th Street (on 6th Avenue North side), and recommended to grant the request and coordinate with engineering department as to location.

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

Committee No. 2, Public Safety, reported having considered the matter of request for handicapped parking space at 510 Maple Avenue, and recommended to grant the request.

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

DESIGNATE PORTION OF BRUCE AVENUE AS
CONSTRUCTION ZONE

Committee No. 2, Public Safety, reported having considered the request to
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remove parking on Bruce Avenue from South 4th Street east to alley. south side of the street, and recommended that we approve request that the sidewalk and the south side of Bruce Avenue be designated a construction zone with no parking allowed.

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

AUTHORIZE POLICE DEPARTMENT TO INCREASE
FORCE BY ONE POSITION THROUGH COPS FAST GRANT

Committee No. 2, Public Safety, reported having considered the matter of request by police department for authorization to increase force by one position through COPS FAST grant, and recommended to approve the request.

It was moved by Council Member Hoeppner and seconded by Council Member Sande that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

APPROVE APPLICATION FOR SPECIAL ALCOHOLIC
BEVERAGE LICENSE BY WESTWARD HO

Committee No. 2, Public Safety, reported having considered the application for special alcoholic beverage license by Westward Ho at DJ's, 121 North 5th Street, for May 5, and recommended that the application be approved.

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

ACCEPT BID FOR GRASS MOWING

Committee No. 2, Public Safety, reported having considered the matter of grass mowing bids, and recommended to accept the low bid of M & M Enterprises in the amount of $0.00225/sq.ft.

It was moved by Council Member Hoeppner and seconded by Council Member Sande that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

APPROVE APPOINTMENT OF HEALTH OFFICERS

Committee No. 2, Public Safety, reported having considered the appointment of health officers for as follows: Grand Forks Infectious Disease Officer, Dr. James E. Hargreaves, and Grand Forks Maternal and Child Health Officer, Dr. Eric R. Lunn, and recommended to appoint Dr. Hargreaves and Dr. Lunn health officers for their respective fields.

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

APPROVE BUDGET AMENDMENTS

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Committee No. 2, Public Safety, reported having considered budget amendments as follows: a) Communicable Diseases, Health Department, in the amount of $2,036.00; b) Fire Department in the amount of $5,200.00, and recommended approval of the amendments.

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

INTRODUCE ORDINANCE RELATING TO TRUCKS
PARKING IN RESIDENTIAL AREAS

Committee No. 2, Public Safety, reported having considered the matter of Section 8-0904 of the Grand Forks City Code re. truck parking in residential areas and clarification of application, and recommended that we amend the ordinance to authorize the safety committee to grant variance for on-street parking of trucks on case by case basis, and introduce ordinance for first reading.

Committee No. 2, Public Safety, reported having considered the matter of truck parking in residential areas, and recommended to approve exemption at the following locations: North 51st Street for distance of approx. 1,000 ft. south of Gateway Drive, and 3500 block of South 12th Street, contingent upon final adoption of the ordinance and granting of the variances and to direct police department not to enforce in the interim.

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

Council Members Sande and Hoeppner asked to refer this matter back to committee because they have not taken into consideration all potential problems this could entail.

Darlene Shea, Tim Shea's Nursery, questioned status of the issue.

After some discussion Sande withdrew request to refer back to committee; and the matter was back on the floor for further discussion.

Council Member Johnson then asked to send the matter back to committee; no other committee member agreed.

It was then moved by Council Members Beach and Beyer to divide the question.

The city auditor read the questions: first question is to amend the ordinance to authorize safety committee to grant variance for on-street parking of trucks on case by case basis, and to introduce the ordinance for first reading; and the second question was to grant exemption at two locations (North 51st Street for a distance of approx 1,000 ft. south of Gateway Drive, and 3500 block of South 12th Street), contingent upon final adoption of the ordinance and granting of the variances and to direct police department not to enforce in the interim.

Mr. Swanson advised that the granting of the exemption, a permanent exemption, is contingent upon adoption of the ordinance; that the ordinance presently gives no ability to council or committee to grant any variance or any exemption and is a flat-out prohibition on parking of trucks. He advised that the first motion would amend that ordinance to grant the authority to give an exemption. He stated that the second portion of the motion was to preliminarily grant a final adoption of the ordinance and that portion of the motion cannot into effect until the council has adopted the ordinance. He further advised that the second portion, directing the police department not
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to enforce in the interim, is not clear whether that was intended to be based upon the adoption of the ordinance, but it would be his opinion that was in effect a suspension of the ordinance as it is now written.

Upon call for the question to split the question, the motion carried 13 votes affirmative; Council Member Johnson voted no.

Upon call for the question on the first motion and upon voice vote, the motion carried 13 votes affirmative; Council Member Hoeppner voted no. President Hagness declared the motion carried.

It was moved by Council Member Geller and seconded by Council Member Glassheim to amend the motion to reflect the suspension of enforcement at these two specific locations. Carried 14 votes affirmative.

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

The matter was also referred back to the public safety committee for further discussion.

Council Member Beyer introduced an ordinance entitled "An ordinance amending Section 8-0904 of the Grand Forks City Code relating to on-street truck parking", which was presented, read and passed on its first reading.

APPROVE APPLICATION FOR SITE AUTHORIZATION
BY COMMUNITY BETTERMENT, INC. AT 110 NORTH
3RD STREET

Committee No. 2, Public Safety, reported having considered the application for site authorization for gaming by Community Betterment, Inc. of Bismarck for site at 110 North 3rd Street, Dacotah Restaurant, and recommended that the application be approved.

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

Ted Maragos, attorney for Dakota Athletic, stated that this matter came before the committee, was an incomplete application, and answers submitted by someone other than a representative of the Community Betterment Association of Bismarck, and would like to ask that this matter be referred back to committee for further consideration and completion of an application by Community Betterment, Inc. or one of its representatives from Bismarck.

Howard Swanson, city attorney, advised council that he did not find the appli- cation to be incomplete in any regard, and has conferred with the Attorney General's Office, Gaming Division, Mr. Robert Bennett, and has been advised that the Community Betterment, Inc. of Bismarck is a properly licensed organ- ization to conduct games of chance in the State of North Dakota, and as a result of holding a State license, the only review by this body is to deter- mine whether or not the location that is being proposed is proper for conduct of games unless Mr. Maragos has additional information he is not aware of.

Chris Moen, Portland, ND stated he is here at the request of Leon Glasser, who is the president of Community Betterment, and who is unable to be here tonight because of another commitment. He stated that Community Betterment is a spin-off of the ND Quarter Horse Racing Assn., of which he is a member. He stated that Community Betterment is a non-profit organization, licensed under the State, and have 15 gaming sites (mostly rural) and one gaming and parimutuel site and only looking to put in gaming (pulltabs) at this site. He stated that Community Betterment is an association formed to further horse racing in
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the State of North Dakota and most of the money raised at these sites is left in the communities to youth or fraternal organizations that have programs which come under the eligible uses; the rest of the money raised has been put in a trust fund to support live horse racing in the State of North Dakota, to support tourism, etc.

Mr. Swanson advised council that a representative of the organization is not required to appear; that the issue as to whether this group is capable of performing or conducting gaming is not before council, that they have no ability or discretion in that regard, that they are the holders of a State license; the issue before council is whether or not they will allow gaming to be conducted at 110 North 3rd Street by this organization or any other organization at that location.

Mr. Swanson also advised council that any dispute before the State Racing Commission has nothing to do with gaming but with the conduct of parimutuel betting which is separately regulated and a distinct license from the gaming; that the issue before council is approving the site authorization for pulltabs, the issue of parimutuel betting is not before the council. Mr. Swanson also stated that the definitions of a charitable organization for purposes of gaming are numerous, i.e., fraternal, veterans organizations, education organizations, etc. and in addition to those there is a broader category called "public-spirited" and that is category many applicants fall into; that in this case the funds, by their charter, are used to promote different types of horse racing, and that determination of licensing has already been made by the attorney general's office and is not an issue before the council, but whether or not pulltabs can be conducted at that address.

Council Member Sande stated she has problem with this organization, they exist to promote horse racing and are looking to develop a county fair circuit within the State, that because of stock car racing at the Grand Forks Fairgrounds the track has to be banked and they have determined that it is not possible to run horse racing (which needs a flat track) at the Grand Forks track and horse racing at the County Fair in Grand Forks is an extremely remote possibility at this time, and has problem that the fund for the pulltabs in Grand Forks will be leaving the county and will not be used for the benefit of the people in this area. It was noted by President Hagness that the by-laws of Community Betterment Assn. state that funds will be used to support community projects such as horseback riding for handicapped persons, horse studies, youth rodeo events, etc. Mr. Swanson stated that the council does not have the ability to limit gaming to those organizations which spend any portion of their funds in the community; however, for purposes of this application to conduct gaming at this location it would be his recommendation that the council focus discussion and debate as to whether or not the facilities at this address are appropriate for the conduct of gaming.

Mr. Moen stated that horse racing is an industry, and are here to benefit horsemen all over the State, that their purpose is to develop race tracks and improve racing and breeding of horses in North Dakota, but do leave money in the community where feasible and where eligible uses do apply.

COUNCIL MEMBER GELLER EXCUSED

Upon call for the question and upon and roll call vote, the following voted "aye": Council Members Hoeppner, Hamerlik, Carpenter, Klave, Beyer, Babinchak, Johnson, Hagness, Beach - 9; voting "nay": Council Members McCabe, Hanson, Glassheim, Sande - 4. President Hagness declared the motion carried.

COUNCIL MEMBERS HANSON AND JOHNSON EXCUSED


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GRANT PERMIT FOR OVERSIZED DRIVEWAY AT 1603
12TH AVENUE NORTH

Committee No. 3, Public Service, reported having considered the matter of request to widen driveway off 12th Avenue North for Acme Electric building at 1603 12th Avenue North, and recommended to grant approval.

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

GRANT REQUEST TO MOVE CONSTRUCTION QUONSET

Committee No. 3, Public Service, reported having considered the matter of application by Fritz Building Company to move construction workshop/quonset to property in Birkholz' Addition (located south of 24th Avenue South, west of South 38th Street, and north of 28th Avenue South), and recommended to approve request with stipulation that nothing be stored permanently outside of the building.

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

DIRECT TEMPORARY REPAIR OF SOUTH 5TH STREET
RR CROSSING

Committee No. 3, Public Service, reported having considered the matter of South 5th Street RR crossing, and recommended to temporarily repair crossing this year, to proceed with permanent project next year and to negotiate funding with the Railroad.

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

GRANT VARIANCE FOR STRUCTURE LOCATED ON
PARKING LOT AT 1711 SOUTH WASHINGTON STREET
FOR THE COFFEE COMPANY

Committee No. 3, Public Service, reported having considered the matter of structure located on parking lot at 1711 South Washington Street, the Coffee Company, and recommended to grant variance with an expiration date of December 31, 1995.

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

AUTHORIZE ENTERING INTO AGREEMENT FOR
ENGINEERING SERVICES FOR WASTEWATER TREATMENT
SYSTEM STUDY

Committee No. 3, Public Service, reported having considered the matter of wastewater treatment study re. lagoon capacity, and recommended to authorize entering into an agreement with KBM, Inc. for engineering services in an amount not to exceed $21,600.00.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik,
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Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

APPROVE CHANGE ORDERS FOR PROJECT NO. 3832,
PRE-AERATION PONDS

Committee No. 3, Public Service, reported having considered the following change orders for Project No. 3832, pre-aeration ponds: C.O. #4, $4,203.26 and extension of completion date from November 1, 1994 to June 30, 1995; C.O. #5, $4,058.09 for fire damage; and C.O. #6, $936.53 for pond overflow; and recommended to approve the change orders and to extend completion date to June 30, 1995.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 3945,
HIGHWAY 2 BEAUTIFICATION

Committee No. 3, Public Service, reported having considered the Change Order for Project No. 3945, Highway 2 Beautification, in the amount of $17,940.00 to provide 65 panels with aggregate finish around salvage yard, and recommended to approve the change order, contingent upon approval by the Department of Transportation.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4117,
PUBLIC WORKS FACILITY RENOVATION

Committee No. 3, Public Service, reported having considered Change Order No E-5, Project No. 4117, Public Works Facility renovation, and recommended to approve change order in the amount of $4,527.00.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

RECEIVE TABULATION OF BIDS, ESTIMATES OF
TOTAL COST AND AWARD CONTRACT, PAVING PROJECT
NO. 4044, DISTRICT NO. 530

The city auditor presented and read tabulation of bids which had been received and opened on April 21, 1995 by the North Dakota Department of Transportation for Project No. 4044, Paving District No. 530, paving on 6th Avenue North from Columbia Road to State Street, indicating that Strata Corporation of Grand Forks was the low bidder based upon their bid in the amount of $1,727,378.00: Document No. 6476 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4044, District No. 530, in the amount of $ , was presented and read.

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Committee No. 3, Public Service, reported having considered the bids for Project No. 4044, District No. 530, paving 6th Avenue North from Columbia Road to State Street,and recommended to award the bid to the low bidder, Strata Corporation, in the amount of $1,727,378.00.

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

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6477 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution awarding the contract for Paving Project No. 4044, District No. 530, to Strata Corporation be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 11; voting "nay": none. President Hagness declared the resolution adopted and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, SEWER PROJECT NO.
4291, DISTRICT NO. 357

The city auditor presented and read the tabulation of bids which had been received and opened on April 24, 1995 for Sewer Project No. 4291, District No. 357, storm sewer on 47th Avenue South and Chestnut Street, indicating that Molstad Excavating, Inc. was the low bidder based upon their bid in the amount of $426,400.00: Document No. 6478 - Bid Tabulation.

The city engineer's estimate of total cost for Sewer Project No. 4291, District No. 357, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the bids for Project No. 4291, District No. 357, storm sewer on 47th Avenue South and Chestnut Street, and recommended that we accept the low bid of Molstad Excavating, Inc. in the amount of $426,400.00.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 6479 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution awarding the contract for Sewer Project No. 4291, District No. 357, to Molstad Excavating, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 11; voting "nay": none. President Hagness declared the resolution adopted and the contract awarded.

AWARD CONTRACTS FOR WATER TREATMENT PLANT
IMPROVEMENTS, PROJECTS NOS. 4045, 4056 AND 4202

Committee No. 3, Public Service, reported having considered bids for water treatment plant improvements for Projects Nos. 4045, surface water treatment rule improvements; 4056 chlorine scrubber; and 4202 standby power, and recommended to award contracts to the low bidders as follows: Contract No. 1, general contract, Innes Construction, $454,900.00; Contract No. 2, mechanical 14009
May 1, 1995

contract, Lunseth Plumbing & Heating, $1,225,900.00; and Contract No. 3, electrical contract, Hanson Electric, $1,266,000.00, for a total of $2,946,800.00, pending approval of the State Water Commission and Garrison Conservancy District as to funding.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 11; voting "nay": none. President Hagness declared the motion carried and the contract awarded.

AWARD CONTRACT FOR PILOT TEST OF FILTER BELT
PRESS EQUIPMENT AT WATER RECLAMATION PLANT

Committee No. 3, Public Service, reported having considered the bids for pilot test of filter belt press equipment at water reclamation plant, and recommended to award to low bidder, Andritz, who submitted a zero bid.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

ACCEPT BID FOR PROJECT NO.4336, SIGNAL
PAINTING

Committee No. 3, Public Service, reported having considered the bids for Project No. 4336, signal painting, and recommended to accept the low bid of Dahlstrom Decorating, Fargo, in the amount of $8,600.00.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

ACCEPT TEMPORARY CONSTRUCTION EASEMENT FOR
WATERMAIN CONSTRUCTION PROJECT

Committee No. 3, Public Service, reported having considered the temporary construction easement for watermain construction on South 34th Street between Duke Drive and 11th Avenue South, for and in consideration of the sum of $1.00, Crary Homes & Real Estate, Inc., grantor, and recommended that we accept the easement and authorize proper City officials to sign the easement.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4321, DISTRICT NO. 361

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4321, District No. 361, storm sewer on 38th Street and 30th Avenue South, 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
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these improvements.

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

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 6480 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 11; voting "nay": none. President Hagness declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT NO.
361, PROJECT NO. 4321

The city auditor presented and read the engineer's report on Sewer District No. 361, Project No. 4321: Document No. 6481 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SEWER DISTRICT NO. 361, PROJECT NO. 4321


Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6482 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4266, PAVING DISTRICT NO. 536