Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Tuesday, January 21, 1997

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Tuesday, January 21, 1997 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; absent: Council Members Hanson, Glassheim, Klave, Bakken, Hagness - 5.

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

APPROVE MINUTES DECEMBER 4 AND 16, 1996

Typewritten copies of the minutes of the adjourned meetings of the city council held on December 4 and 16, 1996 were presented and read. It was moved by Council Member Hafner and seconded by Council Member Sande that these minutes be approved as read. Carried 9 votes affirmative.

ADOPT ORDINANCE NO. 3629, RELATING TO LAND
DEVELOPMENT CODE, CHAPTER XVIII, AS AMENDED,
AMENDING ARTICLE 2, ZONING, SECTION 18-0223
PUD, SUBSECTION (4) ADMINISTRATIVE PROCEDURES

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 2. Zoning; Section 18-0223 P.U.D. (Planned Unit Development) District, subsection (4) Administrative Procedure by reducing the time needed to approve a Detailed Development Plan (D.D.P.)", which had been introduced and passed on first reading on December 16, 1996, 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 Office for final approval of an ordinance to amend the text of the Land Development Code, Section 18-0223, PUD (Planned Unit Development)
pertaining to the procedure used in reviewing and approving detailed
development plans, and recommended final approval and passage of the amended ordinance, said amended ordinance reflects changes made in the section pertaining to the "appeal process" for detailed development plans; and concurred with the city council amendment to include a two-year sunset clause ending the effective date of the ordinance on January 1, 1999. It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the ordinance adopted.


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ADOPT ORDINANCE NO. 3630, AMENDING BY-LAWS
OF GREATER GRAND FORKS CONVENTION & VISITORS
BUREAU

An ordinance entitled "An ordinance


which had been introduced and passed on first reading on January 6, 1997, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the ordinance adopted.

TABLE ORDINANCE AMENDING CIVIL SERVICE CODE
RE. PERFORMANCE MEASURES RELATING TO STEP
INCREASES TO FEBRUARY 3, 1997

An ordinance entitled "An ordinance


which had been introduced and passed on its first reading on December 16, 1996, was presented and read for consideration on second reading and final passage.

It was moved by Council Member Sande and seconded by Council Member Beach that this ordinance be tabled until February 3, 1997. Carried 9 votes affirmative.

ADOPT ORDINANCE NO. 3631, AUTHORIZING
ISSUANCE OF REVENUE BONDS PAYABLE FROM SALES
TAX PROCEEDS TO FINANCE THE COST OF AN EVENTS
CENTER AND ESTABLISHING PROCEDURES THEREFOR

An ordinance entitled "An ordinance authorizing the issuance of revenue bonds payable from sales tax proceeds to finance the costs of an events center and establishing procedures therefor", which had been introduced and passed on first reading on January 6, 1997, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the ordinance adopted.

HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY OF
PROTEST, AND DIRECT THAT RESOLUTION OF ANNEXATION
OF PORTIONS OF JOHNSON'S 2ND AND 4TH ADDITIONS AND
UNPLATTED TRACT LYING IN SW QUARTER SW QUARTER,
SECTION 8, T151N, R50W OF 5TH PM BE FILED AND
ANNEXATION ACCOMPLISHED

The city auditor reported that the proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed on December 16, 1996, annexing all of Lots 24 through 30, Block 1, Johnson's 2nd Addition, all that portion of the Southwest Quarter of the Southwest Quarter of Section 8, Township 151 North of Range 50 West of the 5th Principal Meridian, and all that portion of Lot 18, Block 1, Johnson's 4th Addition not previously annexed by Ordinance No. 3378, which was filed in the Office of the Register of Deeds, Grand Forks County, North Dakota on June 7, 1994, and recorded as Document No. 502768, and all of Lots 19 through 25 and Lot 34, Block 1, Johnson's 4th
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Addition to the city of Grand Forks, North Dakota, said tract including public rights of way adjacent thereto, not previously annexed, contains 6.38 acres, more or less and is as shown on the map which is, by reference, made a part thereof; and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on December 21 and 28, 1996. The city auditor further reported that no written protests 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.

It was moved by Council Member Beyer and seconded by Council Member Hafner that a finding of insufficiency of protest to the annexation be entered. Carried 9 votes affirmative.

It was moved by Council Member Ellingson and seconded by Council Member Beyer that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the Resolution of Annexation, with appropriate map, as was presented on December 16, 1996. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried and the annexation accomplished.

ADOPT RESOLUTION VACATING PORTION OF NORTH
9TH STREET

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the northeasterly one foot of the southwesterly 16 feet of North 9th Street as platted and dedicated on the plat of McKelvey and Holcomb's Addition, the plat of Griggs Addition, the plat of Budget and Eshelman's Addition and the plat of Budge and Eshelman's Second Addition, and that portions of the above described additions are presently a part of the plat of Kobetsky and Schoen's First Resubdivision, 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 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.

It was moved by Council Member Babinchak and seconded by Council Member Sande that we do hereby find an determine an insufficiency of protest on the petition for vacation. Carried 9 votes affirmative.

Council Member Beyer introduced the following resolution, which was presented and read: Document No. 7175 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Carried 9 votes affirmative.

REPORTS OF OFFICERS

The city auditor's report on investment activity and portfolio master summary for period ending December 31, 1996 was presented and read. It was moved by Council Member Ellingson and seconded by Council Member Carpenter that this report be and is hereby received and filed. Carried 9 votes affirmative.

The city auditor's statement of changes in cash balances as of December 31,
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1996, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Polovitz that this report be and is hereby received and filed. Carried 9 votes affirmative.

APPROVE BILL LISTING

Vendor Payment Listing No. 96-24, dated January 21, 1997, and totaling $1,340,927.75, 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 Hafner and seconded by Council Member Carpenter 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, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

ACCEPT QUOTE FOR INCREASED LIABILITY
INSURANCE UNDER NDIRF

Committee No. 1, Finance, reported having considered the matter of increased liability insurance under NDIRF (North Dakota Insurance Reserve Fund), and recommended to accept quote in the amount of $299,285.00 for $2 Million liability coverage.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE APPLICATION FOR EXEMPTION OF IMPROVE-
MENTS TO PROPERTY AT 716 SOUTH 4TH STREET

Committee No. 1, Finance, reported having considered the application for remodeling exemption from Larry and Barbara Nelson, 716 South 4th Street (Lot 9, Block 4, Hubert's Addition), and recommended to approve the exemption for 1997 and 1998 because date of application falls under previous rules.

It was moved by Council Members Hamerlik and Babinchak that this recommendation be and is hereby approved. Carried 9 votes affirmative.

SET PUBLIC HEARING ON REQUEST FOR TAX EXEMPTION
FOR FORMER POST OFFICE PROPERTY AT 311 SOUTH
4TH STREET, AND REFER TO PLANNING AND ZONING
COMMISSION FOR DETERMINATION OF SLUM AND BLIGHT

Committee No. 1, Finance, reported having considered the matter of TIF/ exemption for former post office property at 311 South 4th Street by Postal Investors, and recommended that we set public hearing and refer to Planning and Zoning Commission for determination of slum and blight.

It was moved by Council Members Hamerlik and Babinchak that this recommendation be and is hereby approved. Carried 9 votes affirmative.

ADOPT RESOLUTION AUTHORIZING FILING OF
APPLICATION WITH ND STATE DEPARTMENT OF
HEALTH FOR FUNDING UNDER STATE REVOLVING FUND
PROGRAM FOR SOUTHEND DRAINWAY, PROJECT NO. 4440

Committee No. 1, Finance, reported having considered the matter of application 14767
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to North Dakota State Revolving Fund Program for Southend Drainway Project No. 4440, and recommended to adopt resolution authorizing filing of the applica- tion with the North Dakota State Department of Health and Consolidated Laboratories for a loan under the Clean Water Act, and authorize proper City officials to execute the documents.

It was moved by Council Members Hamerlik and Babinchak that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 7176 - Resolution.

It was moved by Council Members Hamerlik and Babinchak that this resolution be and is hereby adopted. Carried 9 votes affirmative.

GRANT LEGISLATIVE COMMITTEE POWER TO ACT
ON LEGISLATIVE MATTERS

Committee No. 1, Finance, reported having considered the matter of legislative committee - power to act, and recommended that the legislative committee be given the authority and power to act on legislative matters.

It was moved by Council Members Hamerlik and Babinchak that this recommendation be and is hereby approved. Carried 9 votes affirmative.

ADOPT FINDINGS IN MEMOS SET FORTH BY CITY ATTORNEY
AND CITY AUDITOR AND CONCLUDE THAT PETITIONS TO
AMEND THE HOME RULE CHARTER ARE INCOMPLETE, INVALID
AND HAVE INSUFFICIENT SIGNATURES

Committee No. 1, Finance, reported having considered the matter of petitions to amend Home Rule Charter, and recommended adoption of the findings in memos set forth by the city attorney dated January 13, 1997 and city auditor dated January 16, 1997 before the committee and conclude that the petitions are incomplete, invalid and have insufficient signatures: Document No. 7176.1 - Memos.

It was moved by Council Members Hamerlik and Babinchak that this recom- mendation be and is hereby approved.

Gene Schneeweis, 1004 University Avenue, stated he wished to address couple issues he found in letter dated January 16 from the city auditor outlining a number of inconsistencies and problems with the citizens' petitions that he turned in to repeal the sales tax on the Aurora, and that he felt they were not properly presented to the finance committee or the city council. He stated there were some signatures from people from out of town but that's technicality and has nothing to do with the legality of the petitions. He stated that everything in the petition is as outlined in Mr. Schmisek's letter. He stated that he followed the Home Rule Charter to a tee and petitions should be accepted and if not accepted, go to court. He stated that nothing written anywhere that petitions have to contain full text. He also stated that he included notary and others did also; he stated he has not had opportunity to look at petitions which they have stated are wrong. He asked council to take better look at the petitions and have second opinion because seems biased as he has had petitions turned down three times.

Mr. Swanson reviewed various inconsistencies in the petitions which Mr.
Schneeweis turned in; ie., variations in wording for amendment to repeal 3/4% tax containing sections that refer to the 1% sales tax; that some petitions contained no heading, some signatures lack dates, some signatures do not have addresses, some are not residents of the city, no identification of a
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committee for petitioners amending the Home Rule Charter. Mr. Schneeweis stated if improper, he should be given opportunity to amend the petitions and also stated that circulators of petitions turned in affidavits. Mr. Swanson asked to see copies of affidavits of circulators, Mr. Schneeweis stated he turned in 4 to 6 different affidavits and stated he didn't keep copies of his petitions (does not have a complete set). Mr. Schneeweis could only locate and identify two affidavits. He also stated that some petitions did not contain heading but were in booklets, and that none of the petitions contained full detail of the Home Rule Charter amendment.

Upon call for the question and upon voice vote, the motion carried 9 votes affirmative.

APPROVE APPLICATION FOR COPS FAST FUNDING

Committee No. 2, Public Safety, reported having considered the matter of application for COPS FAST funding, and recommended to approve application for COPS FAST funding for three officers.

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

Council Member Sande stated she wished to clarify the motion; she reported that last Monday was the deadline for filing of the application, that committee voted in favor of that application to permit the police department to submit the grant application, however, City is not obligated to take funds or hire officers; hiring of three officers will be taken up at budget time.

Upon call for the question and upon voice vote, the motion carried 9 votes affirmative.

APPROVE RENEWAL OF 1997 TAXI LICENSES

Committee No. 2, Public Safety, reported having considered applications for renewal of taxi licenses for 1997 (Nodak Radio Cab Company and Grand Forks Taxi), and recommended to approve the applications.

It was moved by Council Members Ellingson and Sande that this recommendation be and is hereby approved. Carried 9 votes affirmative.

ACCEPT BIDS FOR POLICE VEHICLES

Committee No. 2, Public Safety, reported having considered the bids for police vehicles: 6 1997 police cars and 1 4x4 vehicle, and recommended to accept bids as follows: 6 police cars from Hansen Ford Sales & Leasing in the amount of $118,530.00 less trade-in allowance of $36,000 for a net bid of $82,530; and 1 4x4 from Rydell Chevrolet in the amount of $24,290 less trade-in allowance of $10,800 for a net bid of $13,490.00, and a total bid of $96,020.00.

It was moved by Council Member Ellingson and seconded by Council Member Sande that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried.

RECEIVE AND FILE REQUEST FOR CITY TO ERECT
FENCE ON LECLERC PROPERTY

Committee No. 3, Public Service, reported having considered the request for City to erect fence on (Warren) LeClerc property re. Davis junkyard problem, and recommended to receive and file.
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January 21, 1997

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

ACCEPT LOW BID FOR CHEMICALS (POLYPHOSPHATE)
FOR WATER TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of chemical bids for 1997 for polyphosphate, and recommended acceptance of the low bid of Pristine Hydrochemical for 30 tons polyphosphate at $1,255/ton.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BIDS FOR RECYCLING CONTAINERS

Committee No. 3, Public Service, reported having considered the matter of bids for recycling containers, and recommended not to open the bid submitted by Sanitation Products, Inc. which was submitted without required non-returnable sample container.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Committee No. 3, Public Service, reported having considered the bids for recycling containers, and recommended to accept the bid of Ameri-Kart Corp. in the amount of $44.50 each for a total of $17,800.00 for 400 recycling containers.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye"; Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE LAND ACQUISITION FOR LIFT STATIONS
#33 AND #38

Committee No. 3, Public Service, reported having considered the matter of southend wastewater pumping report (submitted December, 1996) and site acquisition for lift stations, and recommended to authorize land acquisition for site and access and to approve soil borings for Lift Stations #33 and 38, Project No. 4439.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE ENGINEERING CONTRACTS FOR VARIOUS LIFT
STATION REHAB PROJECTS

Committee No. 3, Public Service, reported having considered the matter of proposed engineering contract for rehab of lift stations, Lift Stations Nos.
33 and 38, Project No. 4439, and recommended to authorize entering into an agreement with Webster, Foster & Weston for engineering services for the design and bidding phases in an amount not to exceed $105,742.00.

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January 21, 1997

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried.

Committee No. 3, Public Service, reported having considered the proposed engineering contract for rehab of Pump Station #29, 900 block of 7th Avenue South, Project No. 4591, and recommended to authorize entering into an agreement with Webster, Foster & Weston for engineering services for the design and bidding phases in an amount not to exceed $19,274.00.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried.

Committee No. 3, Public Service, reported having considered the proposed engineering contract for rehab of lift station, valve replacement at Washington and 17th Avenue south, and recommended to authorize entering into an agreement with Webster, Foster & Weston for engineering services for the design and bidding phases in an amount not to exceed $17,424.00.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried.

Committee No. 3, Public Service, reported having considered the matter of proposed engineering contract for rehab of Lift Station 7, Project No. 4332, and recommended to authorize entering into an agreement with Webster, Foster & Weston for engineering services for the design and bidding phases in an amount not to exceed $19,174.00.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE ENGINEERING AGREEMENT FOR PROJECT
NO. 4377, WATER RECLAMATION FACILITY EXPANSION

Committee No. 3, Public Service, reported having considered the matter of engineering agreement for Water Reclamation Facility Expansion, design and construction phases, Project No. 4377, and recommended to approve engineering agreement with Advanced Engineering & Environmental Services, Inc. in an amount not to exceed $1,005,406.15.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor
Owens declared the motion carried.

ACCEPT PROPOSAL FOR GEOTECHNICAL SERVICES
FOR WATER RECLAMATION FACILITY EXPANSION
PROJECT NO. 4377

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Committee No. 3, Public Service, reported having considered the matter of
geotechnical services for Water Reclamation Facility Expansion Project No. 4377, and recommended that we accept proposal of Maxim Technology, St. Paul, MN, open the fee proposal and authorize negotiation of scope of services and fees.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
CALL FOR BIDS, SIDEWALK PROJECT NO. 4571

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4571, 1997 sidewalk repair, and recommended approval of plans and specifications for sidewalk repair and authorize call for bids.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
CALL FOR BIDS, PROJECT NO. 4572, 1997 CONCRETE
STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4572, 1997 concrete street repair, and recommended approval of plans and specifications and authorize call for bids.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
CALL FOR BIDS, PROJECT NO. 4573, 1997 ASPHALT
STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4573, 1997 asphalt street repair, and recommended that we approve plans and specifications, and authorize call for bids.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS, PROJECT
NO. 4556, STORM SEWER IN RIVERS EDGE
SUBDIVISION UNDER PRIVATE CONTRACT

Committee No. 3, Public Service, reported having considered the matter of
plans and specifications for Project No. 4556, storm sewer in Rivers Edge Subdivision, installation under private contract, and recommended to approve
plans and specifications, contingent upon engineer's review.

It was moved by Council Members Beyer and Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.
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ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SIDEWALK PROJECT NO. 4468, DISTRICT NO. 12

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4468, District No. 12, sidewalks in Landeco 2nd Resubdivision, 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 Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Council Member Beyer introduced the following resolution creating the assessment district, which was presented and read: Document No. 7177 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SIDEWALK PROJECT
NO. 4468, DISTRICT NO. 12

The city auditor presented and read the engineer's report on Sidewalk Project No. 4468, District No. 12: Document No. 7178 - Report.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this report be and is hereby approved. Carried 9 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SIDEWALK PROJECT NO. 4468, DISTRICT NO 12

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7179 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 9 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SIDEWALK PROJECT NO. 4617, DISTRICT NO. 16

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for Sidewalk Project No. 4617, Sidewalk District No. 16, in easement in Landeco Addition, Block D and Washington Estates Resubdivision, Block 1) from 38th Avenue South east to existing sidewalk, 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 Members Beyer and Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Council Member Beyer introduced the following resolution creating the assess-
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ment district, which was presented and read: Document No. 7180 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SIDEWALK PROJECT NO.
4617, DISTRICT NO. 16

The city auditor presented and read the engineer's report on Sidewalk Project No. 4617, District No. 16: Document No. 7181 - Report.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this report be and is hereby approved. Carried 9 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SIDEWALK PROJECT NO. 4617, DISTRICT NO. 16

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7182 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 9 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SIDEWALK PROJECT NO. 4593, DISTRICT NO. 15

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4593, District No. 15, sidewalks in Sun Land West 1st Resubdivision, 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 Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Council Member Beyer introduced the following resolution creating the assessment district, which was presented and read: Document No. 7183 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SIDEWALK PROJECT
NO. 4593, DISTRICT NO. 15

The city auditor presented and read the engineer's report for Sidewalk Project No. 4593, District No. 15: Document No. 7184 - Report.

It was moved by Council Member Beyer and seconded by Council Member Hafner
that this report be and is hereby approved. Carried 9 votes affirmative.

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ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SIDEWALK PROJECT NO. 4593,
DISTRICT NO. 15

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7185 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 9 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SIDEWALK PROJECT NO. 4612, DISTRICT NO. 14

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4612, District 14, sidewalks in Garden View Estates, and recommended that we adopt resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Council Member Beyer introduced the following resolution creating the assessment district, which was presented and read: Document No. 7186 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SIDEWALK PROJECT
NO. 4612, DISTRICT NO. 14

The city auditor presented and read the engineer's report for Sidewalk Project No. 4612, District No. 14: Document No. 7187 - Report.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this report be and is hereby approved. Carried 9 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFI-
CATIONS, SIDEWALK PROJECT NO. 4612, DISTRICT NO. 14

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7188 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hafner
that this resolution be and is hereby adopted. Carried 9 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4562, DISTRICT NO. 379

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4562, District No. 379,
storm sewer on 11th Avenue South from Duke Drive to South 34th Street, and
recommended that we adopt a resolution creating the assessment district,
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January 21, 1997

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 Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Council Member Beyer introduced the following resolution creating the assessment district, which was presented and read: Document No. 7189 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Carpenter, Sande, Beyer, Babinchak, Hafner - 9; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
4562, DISTRICT NO. 379

The city auditor presented and read the engineer's report for Sewer Project No. 4562, District No. 379: Document No. 7190 - Report.

It was moved by Council Member Beyer and seconded by Council Member Hafner that this report be and is hereby approved. Carried 9 votes affirmative.


ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SEWER PROJECT NO. 4562, DISTRICT NO. 379

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7191 - Resolution.