Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, February 3, 1997

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, February 3, 1997 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Polovitz, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; absent: Council Member Glassheim - 1.

Mayor Owens welcomed Boy Scout Troop 12 from Sharon Lutheran Church, and Scout Master Don Schempp and Leader Andy Hoffarth.

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.

PRESENTATION OF CERTIFICATE TO FINANCE DEPARTMENT

Mayor Owens presented a Certificate of Achievement for Excellence in Financial Reporting from Government Finance Officers Association and a plaque to the finance department staff for year ending December 31, 1995, and stated this is the tenth consecutive year that the department has received recognition.

COUNCIL MEMBER ELLINGSON REPORTED PRESENT

APPROVE MINUTES DECEMBER 23, 1996 AND
JANUARY 6 AND 21, 1997

Typewritten copies of the minutes of the special meeting of the council held on December 23, 1996 and of the regular and adjourned meetings of the council held on January 6 and 21, respectively, were presented and read.

Council Member Hamerlik stated that on page 14777 of the minutes of January 21, 1997 relative to the matter of once a week garbage pickup, his motion to table until the next meeting was to include language that before doing anything they should have a more definite plan and that the minutes should be changed so that the plan is made available prior to taking off the table.

The city auditor read the transcript of the minutes relative to the motion.

It was moved by Council Member Ellingson and seconded by Council Member Hanson that the minutes of January 21, 1997 be amended to include as a part of Council Member Hamerlik's motion to table until the next meeting the matter of once a week garbage pickup to include "..to see if we can get more definite plans before that time." Carried 13 votes affirmative.

It was moved by Council Member Ellingson and seconded by Council Member Hanson that the minutes of December 23, 1996, January 6, 1997 and amended minutes of January 21, 1997, be approved. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3632, RE. SALARY STEP
INCREASES BASED UPON PERFORMANCE EVALUATIONS

An ordinance entitled "An ordinance amending Grand Forks City Code Sections 6-0407 and 6-0408 relating to pay", 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.

Upon call for the question of adoption of this ordinance and upon roll call
vote, the following voted "aye": Council Members Beach, Polovitz, Ellingson,
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Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the ordinance adopted.

APPROVE BILLS

Vendor Payment Listing No. 97-01, dated February 3, 1997 and totaling $640,937.43, 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 Babinchak and seconded by Council Member Sande 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, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

AUTHORIZE PAYMENT OF INFRASTRUCTURE ON
32ND AVENUE SOUTH FOR PROPOSED FACILITY
FOR LONGVIEW FIBRE COMPANY

Committee No. 1, Finance, reported having considered the matter of infra- structures on 32nd Avenue South (area west of I-29 and east of RR tracks for proposed facility for Longview Fibre Company), and recommended to authorize City payment through infrastructure sales tax dollars and that tapping fees will be waived if it's primary sector business which purchases and locates on the property.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE PURCHASE OF TAX DELINQUENT
PROPERTY FROM THE COUNTY

Committee No. 1, Finance, reported having considered the matter of purchase of tax delinquent property from the County: Lot B, Harty's Second Addition, and recommended to authorize purchase of this from the County for $20.00.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE IN JOB DESCRIPTION LICENSING
REQUIREMENTS FOR WATER PLANT EMPLOYEES

Committee No. 1, Finance, reported having considered the matter of job description licensing requirements (water plant operator IV) and water plant supervisor, and recommended to delete the CDL (commercial drivers license) licensing requirement from the job descriptions.

It was moved by Council Members Babinchak and Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE COMMITMENTS FOR FINANCIAL GUARANTY
INSURANCE POLICY AND DEBT SERVICE RESERVE
FUND SURETY BOND FOR SALES TAX REVENUE BONDS
FOR AURORA PROJECT, SERIES 1997A
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Committee No. 1, Finance, reported having considered the matter of commitment for financial guaranty insurance policy, and recommended to approve agreement with MBIA for commitment to issue a financial guaranty insurance policy at 22 1/2 basis points, authorize the property City officials to execute the agreement, subject to final review by the city attorney.

Committee No. 1, Finance, reported having considered the matter of commitment for debt service reserve fund surety bond, and recommended to approve agreement with MBIA for commitment to issue a debt service reserve fund surety bond at premium payment of 1.95% of the total surety bond amount, authorize proper City officials to execute the agreement, subject to final review by the city attorney.

The Events Center Core Committee reported having considered the matter of bond sale, and recommended to endorse the action of the finance committee relative to the sale of the revenue bonds and the debt service reserve fund.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motions carried.

INTRODUCE ORDINANCE RELATING TO VARIOUS
FEES, CHARGES AND RATES FOR UTILITIES

Committee No. 1, Finance, reported having considered the matter of correction to Ordinance No. 3628, relating to various fees, charges and rates (for utilities), and recommended to introduce the ordinance for first reading.

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

Council Member Carpenter introduced an ordinance entitled "An ordinance amending Sections 13-0408 and 13-0502 of the Grand Forks City Code relating to various fees, charges and rates", which was presented, read and passed on first reading.

REFER MATTER OF APPLICATION FROM LONGVIEW
FIBRE COMPANY FOR FIVE-YEAR PROPERTY TAX
EXEMPTION BACK TO COMMITTEE

Committee No. 1, Finance, reported having considered the matter of tax exemp- tion for Longview Fibre Company, and recommended to approve the 60% five-year exemption, subject to public hearing on march 17, 1997 and approval of annexa- tion; and further recommended that we deem that there are no competitors to Longview Fibre Company and waive publication and notifications requirements.

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

The city auditor reported that since this property is outside the city limits at the present time, the council wouldn't be able to take action it, that the Development Foundation has informed him that the County is going to take action and grant the 60% five-year exemption, which would carry forward as
that property comes into the city.

Howard Swanson, city attorney, recommended that the committee take this matter back for further process.

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Council Member Carpenter and Council Member Hamerlik asked that this matter be returned to committee.

APPROVE CHANGE IN CORPORATE NAME FOR JOHN
BARLEY-CORNE, 2800 SOUTH COLUMBIA ROAD

Committee No. 2, Public Safety, reported having considered the matter of 1997 alcoholic beverage license renewals, John Barley-corne, and recommended approval of the change in the corporate name from The Cattle Company, inc. to John Barley-corne, Inc.

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

REFER MATTER OF CHANGE IN STOP SIGNS ON 8TH
AVENUE SOUTH AT WALNUT AND CHESTNUT STREETS
BACK TO COMMITTEE

Committee No. 2, Public Safety, reported having considered the matter of opinion poll concerning stop sign changes on 8th Avenue South and 13th Avenue South at Walnut and Chestnut Streets, and recommended to approve switching stop signs at 8th and Walnut and 8th and Chestnut but not to make that change until the first of June, and to hold on any change in signing on 13th Avenue South intersections until a public meeting is held.

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

Council Member Sande and Council Member Ellingson asked that this item be returned to committee for further consideration.

DIRECT POLICE DEPARTMENT TO APPROACH PARK
DISTRICT RE. PILOT PROGRAM RE. SNOWMOBILE
RANGER

Committee No. 2, Public Safety, reported having considered the matter of enforcement of snowmobiling on city streets, and recommended that the police department approach the Park District with regard to a pilot program relative to a snowmobile ranger.

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

AUTHORIZE POLICE DEPARTMENT TO PROCEED
WITH FIRING RANGE RETROFIT

Committee No. 2, Public Safety, reported having considered the matter of police department firing range retrofit (new air filtration system), and recommended to proceed with hiring Detroit Armor Corporation (sole source) and its representatives to proceed with the project.

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

AUTHORIZE RFQ FOR ARCHITECT FOR NEW FIRE
STATION

Committee No. 2, Public Safety, reported having considered the matter of
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February 3, 1997

request for RFQ for architect for new fire station at Columbia Road and 36th
Avenue South.

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

APPROVE 1997 VEHICLE PURCHASE

Committee No. 3, Public Service, reported having considered the matter of bids for 1997 vehicle purchase, and recommended to accept bids as follows: Rydell Chevrolet: a) Engineering Department for compact pickup with extended cab in the amount of $14,296.00, less trade of $900.00, for net bid of $13,396.00; b) Street Department for heavy-duty half ton pickup in the amount of $14,888.00, less trade of $600.00, for net bid of $14,288.00; c) Water Department for heavy-duty half ton pickup in the amount of $14,888.00, less $3,200.00 for net bid of $11,688.00; and Hansen Ford: a) Water Department for mid-size automobile in the amount of $15,096.00, less trade of $2,000.00 for net bid of $13,096.00.

It was moved by Council Member Hafner and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried.

DECLARE ITEMS AT WATER TREATMENT PLANT
AS SURPLUS AND AUTHORIZE OFFERING FOR SALE

Committee No. 3, Public Service, reported having considered the matter of potassium permanganate resale from inventory at water treatment plant, and recommended to declare as surplus and to offer for sale.

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

AUTHORIZE CONTINUATION OF CONTRACT WITH RED
RIVER REGIONAL COUNCIL FOR SERVICES FOR 1997

Committee No. 3, Public Service, reported having considered the request from Red River Regional Council (District IV Solid Waste Management Board) for continuation of contract for services for 1997, and recommended to approve continuation of the contract until the siting process for the landfill is complete, and authorize funding for 1997 as follows: $30,000 for contractual services and $30,000 for projects with funding from excess carry-over in the sanitation department.

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

APPROVE CONTRACT NEGOTIATIONS AND AUTHORIZE
ENTERING INTO CONTRACT FOR ENGINEERING SERVICES
FOR MULTIPLE INTEGRATED MEMBRANE SYSTEM STUDY
AT WATER TREATMENT PLANT; AND AUTHORIZE HIRING
OF RESEARCH ASSISTANT

Committee No. 3, Public Service, reported having considered the matter of
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February 3, 1997

contract negotiations with Advanced Engineering for membrane treatment study, and recommended that we authorize entering into agreement with Advanced Engineering & Environmental Services, Inc., in association with Malcolm Pirnie, Inc., for engineering services in connection with Phase I of the Multiple Integrated Membrane System Study at the Grand Forks Water Treatment Plant, for a lump sum amount of $100,000.

It was moved by Council Member Hafner and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness -13; voting "nay": none. Mayor Owens declared the motion carried.

Committee No. 3, Public Service, reported having considered proposal to hire UND graduate student/research assistant to coordinate data, report preparation and for expendable supplies in conjunction with the Multiple Integrated Membrane System Pilot Study, Phase I, at the water treatment plant during the 1997 summer and fall terms, for the sum of $15,000, and recommended to approve the proposal.

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

AUTHORIZE ENTERING INTO COST PARTICIPATION AND
MAINTENANCE AGREEMENT WITH NORTH DAKOTA DEPARTMENT
OF TRANSPORTATION FOR LIGHTING PROJECT ON DEMERS
AVENUE, CITY PROJECT NO. 4531, STATE PROJECT NO.
SU-6-297(005)001, CONTINGENT UPON REVIEW OF CITY
ENGINEER AND CITY ATTORNEY

Committee No. 3, Public Service, reported having considered the matter of cost participation and maintenance agreement for Project No. 4531, street light modifications on DeMers Avenue from South 34th street to South 30th Street, North Dakota Department of Transportation Project No. SU-6-297(005)001 for luminaire lighting, est. cost of project $8,745.00 with City's share estimated to be $1,749.00, and recommended that we authorize proper City officials to enter into the agreement, contingent upon review and approval by the city engineer and the city attorney.

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

ACCEPT APPRAISAL AND AUTHORIZE PURCHASE OF
PROPERTY ON SOUTH WASHINGTON STREET FOR
PEDESTRIAN UNDERPASS WALKWAY

Committee No. 3, Public Service, reported having considered the matter of appraisal report for property acquisition for pedestrian underpass walkway between South Washington Street and South 12th Street, and South Washington Street and 23rd Avenue South extended, Freeberg and Uglem property at 2211 and 2301 South Washington Street, for and in consideration of the sum of $7,950.00, and other good and valuable considerations, and recommended to accept appraisal and authorize purchase of the property for $7,950.00.

It was moved by Council Member Hafner and seconded by Council Member Hagness
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February 3, 1997

that this recommendation be and is hereby approved. Upon roll call the
following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik,
Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness
13; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4468, SIDEWALK DISTRICT NO. 12

The city engineer's estimate of total cost of the construction of sidewalks in Landeco 2nd Resubdivision in the amount of $5,257.87, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4468, Sidewalk District No. 12, sidewalks in
Landeco 2nd Resubdivision, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7192 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Hagness that this resolution be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4612, PEDESTRIAN ROUTE DISTRICT
NO. 14

The city engineer's estimate of total cost of the construction of a pedestrian route walkway in Garden View Estates in the amount of $17,252.81, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4612, Pedestrian Route District No. 14, pedestrian route walkways in Garden View Estates, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7193 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Hagness that this resolution be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4593, SIDEWALK DISTRICT NO. 15

The city engineer's estimate of total cost of the construction of sidewalks in Sun Land West 1st Resubdivision in the amount of $3,825.93, was presented and read.
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February 3, 1997

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4593, Sidewalk District No. 15, sidewalks in
Sun Land West 1st Resubdivision, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7194 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Hagness that this resolution be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4617, SIDEWALK DISTRICT NO. 16

The city engineer's estimate of total cost of the construction of sidewalks in Landeco Addition and Washington Estates Resubdivision in the amount of $2,247.00 was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4617, Sidewalk District No. 16, sidewalks in Landeco Addition and Washington Estates Resubdivision, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7195 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Hagness that this resolution be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4562, SEWER DISTRICT NO. 379

The city engineer's estimate of total cost of the construction of storm sewer on 11th Avenue South from Duke Drive to South 34th Street in the amount of
$88,055.00, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4562, Sewer District No. 379, storm sewer on 11th Avenue South from Duke Drive to South 34th Street, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Hafner introduced the following resolution which was presented
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February 3, 1997

and read: Document No. 7196 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Hagness that this resolution be and is hereby adopted. Carried 13 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4575, 1997 ADA CURB RAMPS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4575, 1997 ADA curb ramps, and recommended to approve plans and specifications and to authorize call for bids.

It was moved by Council Members Hafner and Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR
WATERMAIN REPLACEMENT PROJECT NO. 4576

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4576, watermain replacement, and recommended to approve plans and specifications and to authorize call for bids.

It was moved by Council Members Hafner and Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE EASEMENT FOR STORM SEWER PROJECT
NO. 4560

Committee No. 3, Public Service, reported having considered the storm sewer easement and temporary construction easement for storm sewer, Storm Sewer Project No. 4560, to serve a portion of Garden View Estates Additions and others, located along 11th Avenue South between South 36th street and the English Coulee, for and in consideration of the sum of $1.00 and other good and valuable considerations, grantor: The United Hospital, and recommended to approve the easement and that the proper City officials sign the easements.

It was moved by Council Members Hafner and Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4537, DISTRICT NO. 548

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4537, District No. 548, paving 15th Avenue South, 3700 block, 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; that installed underground utilities be accepted in lieu of up-front monies; that we declare intent to sell bonds to finance these improvements; and further that the developer be allowed to install sidewalk at his cost in the easement (lying between Lots 19 and 20, Block 1, Johnson's 2nd Addition) contingent upon installation by July 15.

It was moved by Council Members Hafner and Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7197 -
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February 3, 1997

Resolution.

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

ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4537, DISTRICT NO. 548

The city auditor presented and read the engineer's report for Sewer Project No. 4537, District No. 548: Document No. 7198 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
PROJECT NO. 4537, DISTRICT NO. 548

Council Member Hafner introduced the following resolution of necessity, which was presented and read: Document No. 7199 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Hagness that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE BEGINNING NEGOTIATIONS FOR
ACQUISITION OF LAND FOR SOUTHEND DRAINWAY
PHASES II AND III ALTERNATE ROUTING

Committee No. 3, Public Service, reported having considered the matter of Southend Drainway Phases II and III alternate routing, and recommended to authorize staff to begin negotiations for acquisition of the land for this routing.

It was moved by Council Members Hafner and Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.

AUTHORIZE PURCHASE OF ADDITIONAL SALT
AND SAND

Committee No. 3, Public Service, reported having considered the matter of purchase of additional salt and sand, and recommended that we authorize expenditure of funds from the Emergency Fund for purchase of additional salt and sand.

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

AUTHORIZE ENTERING INTO COST PARTICIPATION AND
MAINTENANCE AGREEMENT WITH NORTH DAKOTA DEPARTMENT
OF TRANSPORTATION FOR BIKEWAY IMPROVEMENTS ALONG
SOUTH WASHINGTON STREET, CITY PROJECT NO. 4225.1,
STATE PROJECT NO. SU-6-081(036)942, CONTINGENT
UPON REVIEW OF CITY ENGINEER AND CITY ATTORNEY
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February 3, 1997

Committee No. 3, Public Service, reported having considered the matter of cost participation and maintenance agreement with the North Dakota State Department of Transportation for bikeway improvements along South Washington Street from Hammerling to 24th Avenue South, State Project No. SU-6-081(036)942, with estimated cost of asphalt surfacing of $42,859 with City's estimated share of $4,286.00, and total estimated cost for concrete surfacing of $92,652.00, with City's estimated share of $54,078.00; and recommended that we authorize proper City officials to enter into the agreement, contingent upon review and approval by the city engineer and city attorney.

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

Council Member Hagness reported that the City needs to enter into agreements with the State Highway Department on the South Washington Street project before the State will contribute money for these projects, that the strings attached are that the City takes over maintenance of all these projects, as well as DeMers Avenue and Gateway Drive, but the biggest concern with this project is the drainage area of the project, that City feels there should be larger system than the State has approved. He stated that they are calling for alternative bids to find out costs as the State has stated that they will not participate in cost in other than what they have designed (they have upgrade that by one size pipe) but there's no way that system can drain that area properly, that they have documented that (had second and third outside opinions) and State still won't participate. He stated there are other things in the project City has concern with - asphalt rather than concrete service roads and City taking alternative bids and City is committed to paying initial cost for the asphalt but any additional costs for concrete which the City feels is necessary would be picked up by assessments in that area.

Mr. Swanson stated he has number of concerns with regard to the proposed agreements by the North Dakota DOT, that Mr. Hagness alluded to some of those concerns; that there are two provisions in particular that are troublesome: the first one requires the City to indemnify the State for any negligent acts or omissions unless the State is more than 51% responsible for any damage, in which case the City still has indemnification requirements but not complete indemnification. He stated that given the apparent concern regarding drainage and the potential for a claim that the design is inadequate and council needs to be aware of that, that indemnification would not be covered under the City's coverage with the ND Insurance Reserve Fund unless we obtain a separate rider. He stated that in addition, the second provision in those agreements (and these agreements have changed in the last few months) requires the City to name the State as an additional insured under its coverage with the North Dakota Insurance Reserve Fund, the NDIRF will not do that without payment of additional premium. He stated that the City does not have a quote as to what those additional premium cost might be nor does it have quote as to what that additional costs on the rider might be. He stated he has drafted a memo to the engineering department raising some other issues with the agreement, but those are two issues that are of particular concern on this project in light of the facts that have led up to it; that in other projects less concern.

Council Member Hanson questioned whether the council should be taking action this evening. Council Member Hagness stated that this isn't new area and they have been aware of for some time on a lot of these particulars, and especially the size of the drainage pipe, that they have worked with the State to a point where there is no place else to go, that they need to take alternate bids and make decision at that time, that bid opening is February 21 and that we don't have any other options; that these protection clauses the State includes to hold them harmless as City does, but gets very frustrating on part of staff to justify need for change and then State doesn't agree. He stated to hold up this project any further could jeopardize funding or project.
14791
February 3, 1997

After further discussion and upon call for the question and upon roll call the
following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik,
Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness
13; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO COST PARTICIPATION AND
MAINTENANCE AGREEMENT WITH NORTH DAKOTA DEPARTMENT
OF TRANSPORTATION FOR SERVICE ROAD IMPROVEMENTS ON
SOUTH WASHINGTON STREET, PROJECT NO. 4225.1, STATE
PROJECT NO. SU-6-081(035)942, CONTINGENT UPON
REVIEW OF CITY ENGINEER AND CITY ATTORNEY

Committee No. 3, Public Service, reported having considered the matter of cost participation and maintenance agreement with the North Dakota State Department of Transportation for service road improvements on South Washington Street from Hammerling to 24th Avenue South, State Project No. SU-6-081(035)942, with total cost of the project estimated at $1,186,300 for asphalt surfacing, City's share $237,260.00; and total cost of the project estimated at $1,598,946 for concrete surfacing, City's share $649,906.00, and recommended that we authorize proper City officials to enter into the agreement contingent upon review and approval by the city engineer and city attorney.


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

AUTHORIZE ENTERING INTO COST PARTICIPATION AND
MAINTENANCE AGREEMENT WITH NORTH DAKOTA DEPARTMENT
OF TRANSPORTATION FOR RECONSTRUCTION OF SOUTH
WASHINGTON STREET, CITY PROJECT NO. 4225.1, STATE
PROJECT NO. SU-6-081(032)942, CONTINGENT UPON
REVIEW AND APPROVAL BY CITY ENGINEER AND CITY
ATTORNEY

Committee No. 3, Public Service, reported having considered the matter of cost participation and maintenance agreement with North Dakota Department of Transportation for Project No. 4225.1, paving (reconstruction) of South Washington Street from Hammerling to 24th Avenue South, State Project No. SU-6-081(032)942, with total cost of the project estimated to be $5,234,889, with City's share estimated to be $550,724, and recommended that we authorize proper City officials to enter into the agreement contingent upon review and approval by the city engineer and city attorney.

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

APPROVE ONCE A WEEK GARBAGE COLLECTION

Committee No. 3, Public Service, reported having considered the matter of once a week garbage collection, and recommended that the City move to once a week garbage collection, look at four ten hour days for employees, and implement as soon as reasonably possible.

It was moved by Council Member Hafner and seconded by Council Member Hagness that this recommendation be and is hereby approved.
14792
February 3, 1997