Council Minutes

PROCEEDINGS OF THE CITY COUNCIL OF THE
CITY OF GRAND FORKS, NORTH DAKOTA
Monday, July 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 Monday, July 21, 1997 at the hour of 7:00 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner - 11; absent: Council Members Bakken, Hagness - 2; 1 seat vacant.

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.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN COLUMBIA PARK PUD, CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 10, LOT 1, BLOCK 1,
COLUMBIA PARK 7TH ADDITION, TO AUGUST 18, 1997

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 9 and to include within the Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 10, with substantial change lying in Lot 1, Block 1, Columbia Park 7th Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 23, 1997 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Owens called for the public hearing on this matter; there were no comments.
The Planning and Zoning Commission reported having considered the matter of recommendation to whom was referred the matter of the request from Wally Rodgers on behalf of Americinn Hospitality, L.L.C. for final approval of an ordinance to amend the Zoning Map to exclude from Columbia Park PUD (Planned Unit Develop-ment), Concept Development Plan, Amendment No. 9 and to include within Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 10, with substantial change lying in Lot 1, Block 1, Columbia Park 7th Addition, Grand Forks, ND (located in the northeast corner of 19th Avenue South and South 29th Street), and recommended to table and continue the public hearing until April 18, 1997.

It was moved by Council Members Polovitz and Sande that this recommendation be and is hereby approved. Carried 11 votes affirmative.

ADOPT ORDINANCE NO. 3656.1, TO REZONE AND TO
INCLUDE WITHIN THE MEADOWLARK PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, ALL OF
BLOCKS 6, 7, 8 AND 10, ADAMS-DOBMEIER 2ND AND
LOT 1, BLOCK 1, ADAMS-DOBMEIER 3RD RESUBDIVISION
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the A-1 (Limited Development) District and the I-2 (Heavy Industrial) District and to include within the Meadowlark PUD (Planned Unit Development), Concept Development Plan, all of Blocks 6, 7, 8 and 10, Adams-Dobmeier 2nd and Lot 1, Block 1, Adams-Dobmeier 3rd Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on first reading on July 7, 1997, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
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July 21, 1997

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 Mayor Owens declared the hearing closed.

The Planning and Zoning Commission reported having considered the matter of the request from Dan Schmaltz on behalf of Sun Land West, LLC for final approval of an ordnance to amend the Zoning Map to exclude from the A-1 (Limited Development) District and the I-2 (Heavy Industrial) District and to include within the Meadowlark PUD (Planned Unit Development), Concept Development Plan, all of Blocks 6, 7, 8 and 10, Adams-Dobmeier 2nd Subdivision, Grand Forks, ND and Lot 1, Block 1, Adams-Dobmeier 3rd Resubdivision, Grand Forks, ND (located between DeMers Avenue and 6th Avenue North and between North 55th Street and North 62nd Street), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Zoning Map. The recommendation had been moved by Council Member Polovitz and seconded by Council Member Beyer.

Upon call for the question and upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner - 11; voting "nay": none. Mayor Owens declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3657, TO AMEND THE ZONING
MAP TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT, A PORTION OF THE SW QUARTER SW QUARTER
OF SECTION 28, T151N, R50W OF 5TH P.M., COMMONLY
REFERRED TO AS FORMER LOCKWOOD GRADER TRACK

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District, a portion of the Southwest Quarter of the Southwest Quarter of Section 28, Township 152 North, Range 50 West of the 5th Principal Meridian (commonly referred to as the former Lockwood Grader Track) to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 7, 1997, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

Mayor Owens called upon the public hearing; there were no comments and Mayor Owens declared the hearing closed.

The City Planning and Zoning Commission reported having considered the matter of the request from Mitchell Gibb on behalf of Residual Materials, Inc. for final approval of an ordinance to amend the Zoning Map to exclude from the B-3 (General Business) district and to include within the I-2 (Heavy Industrial) District, a portion of the Southwest Quarter of the Southwest Quarter of Section 28, Township 152 North, Range 50 West of the 5th Principal Meridian (commonly referred to as the former Lockwood Grader Track) and being platted as Lockwood Addition (located in the northwest corner of Mill Road and 27th Avenue North), and recommended final approval and passage of the ordinance amending the Zoning Map. The recom-mendation had been moved and seconded by Council Member Polovitz and seconded by Council Member Beyer.

Upon call for the question and upon roll call vote the following voted "aye":
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July 21, 1997

Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner - 11; voting "nay": none. Mayor Owens declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3658, TO AMEND THE ZONING
MAP TO INCLUDE WITHIN INDUSTRIAL 2ND PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 1, ALL OF MAIER'S FIRST ADDITION,
MAIER'S SECOND ADDITION, MAIER'S THIRD ADDITION,
MAIER'S FOURTH RESUBDIVISION, AND NORTHERN STATES
POWER SUBSTATION SITE TO THE CITY OF GRAND FORKS

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Industrial 2nd PUD (Planned Unit Development), Concept Development Plan and to include within Industrial 2nd PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Maier's First Addition, Maier's Second Addition, Maier's Third Addition, Maier's Fourth Resubdivision, and Northern States Power Substation Site to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 7, 1997, and upon which public hearing had been considered 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 Mayor Owens declared the hearing closed.

The Planning and Zoning Commission reported having considered the matter of the request from Pat Downs on behalf of the Grand Forks Region Economic Development corporation for final approval of an ordinance to amend the Zoning Map to exclude from Industrial 2nd PUD (Planned Unit Development), Concept Development Plan and to include within Industrial 2nd PUD (Planned Unit Development), Concept Develop-ment Plan, Amendment No. 1, all of Maier's First Addition, Maier's Second Addi-tion, Maier's Third Addition, Maier's Fourth Resubdivision, and Northern States Power Substation Site (this area is located between South 48th Street and the BN/Santa Fe Railroad right of way and between 11th and 17th Avenues South), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Zoning Map. The recom-mendation had been moved and seconded by Council Members Polovitz and Hafner.

Upon call for the question and upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner - 11; voting "nay": none. Mayor Owens declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3659, AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE THE PUBLIC RIGHTS OF
WAY SHOWN AS DEDICATED ON THE PLAT OF MAIER'S
FOURTH RESUBDIVISION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Maier's Fourth Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 7, 1997 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
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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 Mayor Owens declared the hearing closed.

The City Planning and Zoning Commission reported having considered the matter of the request from Pat Downs on behalf of the Grand Forks Region Economic Develop-ment Corporation for final approval of the plat of Maier's Fourth Resubdivision to the city of Grand Forks, North Dakota, being a part of the Southwest Quarter of Section 7, Township 151 North, Range 50 West of the 5th Principal Meridian (this area is located between South 48th Street and the BN/Santa Fe Railroad right of way and between 11th and 17th Avenues South), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan. The recom-mendation had been moved and seconded by Council Member Polovitz and Council Member Sande.

Upon call for the question and upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner - 11; voting "nay": none. Mayor Owens declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3660, TO ANNEX ALL OF
MAIER'S FOURTH RESUBDIVISION, LESS PORTION
PREVIOUSLY ANNEXED AND TO INCLUDE ALL OF
THAT TRACT OF LAND COMMONLY REFERRED TO AS
NSP SUBSTATION SITE

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota all of Maier's Fourth Resubdivision, Grand Forks, North Dakota, less por-tion previously annexed and to include all of that tract of land commonly referred to as NSP Substation Site", which had been introduced on first reading on July 7, 1997 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 Mayor Owens declared the hearing closed.

Upon call for the question and upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner - 11; voting "nay": none. Mayor Owens declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3661, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF PERKINS FOURTH
ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Perkins Fourth Addition to the city of Grand Forks, North Dakota", which had been introduced on first reading on March 17, 1997 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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July 21, 1997

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 Mayor Owens declared the hearing closed.

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering and Surveying on behalf of Hampton Corporation, Inc. for final approval of a plat of Perkins Fourth addition to the city of Grand Forks, ND, lying within a portion of the Northeast Quarter of Section 20, Town-ship 151 North, Range 50 West of the 5th Principal Meridian (located east of South 34th Street between 36th and 40th Avenues South), and recommended approval of the conceptual plan for the entire section of land with the circular roadway around core park subject to special conditions shown on or attached to the review copy and final approval of the plat subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan. The recommendation had been moved and seconded by Council Member Polovitz and Council Member Hafner.

Upon call for the question and upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner - 11; voting "nay": none. Mayor Owens declared the motion carried and the ordinance adopted.

ADOPT RESOLUTION VACATING PORTION OF NORDONNA
CIRCLE, ADJACENT EASEMENTS AND SEGMENT OF
ACCESS CONTROL LINE AS PLATTED AND DEDICATED
ON PLAT OF JOHNSON'S 4TH ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of Nordonna Circle, a 10-foot wide utility easement adjacent thereto, a 20-foot wide sidewalk and utility easement lying 10 feet on each side of the lot line common to Lots 32 and 33, Block 1 (excluding any portion of north/south utility easements paralleling 15th and 17th Avenue South, and to vacate a segment of access control line along the north right of way line of 17th Avenue South beginning 238 feet west of the west right of way line of South 38th Street and extending west a distance of 30 feet all as platted and dedicated on the plat of Johnson's 4th Addition, 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 for the audience to see if there was anyone present who had comments to make on the matter. There were none.

It was moved by Council Member Hanson and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest on the request for vacation. Carried 11 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 7324 - Document.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Carried 11 votes affirmative.

CONSENT AGENDA

The following items were presented, read and referred to committee. It was moved by Council Member Hafner and seconded by Council Member Babinchak that this matter be referred to committee. Carried 11 votes affirmative.

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July 21, 1997

Finance Committee:
1) matter of MIDA bonds for Valley Memorial.

APPROVE BILLS

Vendor Payment No. 97-10, dated July 21, 1997 and totaling $3,404,400.84, 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 Beyer that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner - 11; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

APPROVE MATTER OF COMPENSATION PROPOSAL
FOR OVERTIME DURING FLOOD RESPONSE

The city auditor reported that there was no action sheet and was referred to you pending information from the Human Resources Department.

APPROVE CONTRACT WITH OFFICE OF STATE
TAX COMMISSIONER TO ADMINISTER CITY SALES
TAX FOR 1997-99 BIENNIUM

The Finance Committee reported having considered the matter of contract with Office of State Tax Commissioner to administer city sales tax for 1997-99 biennium at a fee of $158,500, and recommended to authorize the proper City officials to sign contract with State Tax Department for collection of sales tax, subject to review and approval of the city attorney.

It was moved by Council Member Glassheim 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, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner - 11; voting "nay": none. Mayor Owens declared the motion carried.

TABLE INDEFINITELY MATTER OF REQUEST FROM
REGION IV CHILDREN'S SERVICES COORDINATING
COMMITTEE (FAMILIES FIRST) FOR FREE OFFICE
SPACE IN CITY CENTER MALL

The Finance Committee reported having considered the matter of request from Region IV Children's Services Coordinating Committee (Families First) for free office space in City Center Mall (space behind Community Violence Intervention Center), and recommended to table indefinitely.

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

APPROVE JOB DESCRIPTION AND DETERMINATION
OF POSITION AS CIVIL SERVICE/CONTRACT
POSITION FOR CHIEF OF POLICE

Committee No. 1, Finance and Committee No. 2, Public Safety Committee reported having considered the matter of determination of civil service vs. contract position of chief of police, and recommended that we pursue a contract for the chief of police.

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July 21, 1997

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

RECEIVE AND FILE MATTER OF COMPLAINTS RE.
NOISE AND LITTER RE. OUTDOOR BEER GARDEN AT
BORROWED BUCKS

Committee No. 2, Public Safety, reported having considered the matter of com-plaints re. noise and litter re. outdoor beer garden at Borrowed Bucks, and recommended to receive and file.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

APPROVE GRANT AGREEMENTS WITH NORTH DAKOTA
STATE DEPARTMENT OF HEALTH AND HUMAN
SERVICES

Committee No. 2, Public Safety, reported having considered the matter of grant agreements with ND Department of Health and Human Services: a) Tobacco Prevention and Control grant agreement, $20,000; and b) Care Coordination Services for Children's grant agreement, $25,000; and recommended approval of the grant agreements pending final review and approval by the mayor and city attorney.

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

INTRODUCE ORDINANCE TO AMEND COLLECTION
PERIOD FOR MOSQUITO CONTROL FEE

Committee No. 2, Public Safety, reported having considered the matter of mosquito control fee, amend collection period, and recommend to amend the ordinance to include months of October and November for collection of the $1.00 fee on the utility bill.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be an is hereby approved. Carried 11 votes affirmative.
Council Member Beyer introduced an ordinance entitled "An ordinance amending Section 15-0117 of the Grand Forks City Code relating to mosquito control fee", which was presented, read and passed on its first reading.

APPROVE BUDGET AMENDMENT

An amendment from the police department in the amount of $116,716.00 to reflect law enforcement grant was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE ENTERING INTO LEASE WITH STATE
HIGHWAY PATROL FOR SPACE AT POLICE BUILDING

Committee No. 2, Public Safety, reported having considered the matter of lease renewal with State Highway Patrol for lease space at police building, and recommended to authorize the proper City officials to enter into a lease for a one year period with the North Dakota Highway Patrol.
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July 21, 1997

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

ACCEPT BID FOR SCRAP METAL AT LANDFILL

Committee No. 3, Public Service, reported having considered the matter of bids for scrap metal at landfill, and recommended to accept the bid of Krueger Metal Recycling in the amount of $40.30/ton.

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

MATTER OF BIDS FOR TRUCK AND HOIST FOR
SANITATION DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of con-sideration of bids for roll-off truck and hoist for sanitation department, and recommended to accept bid of Rydell Truck Center for heavy-duty truck at $58,187, and to accept bid of Sanitation Products for roll-off hoist in the amount of $25,894.

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

AUTHORIZE STARTING ONCE WEEK GARBAGE PICKUP ON
SEPTEMBER 1, 1997

Committee No. 3, Public Service, reported having considered the matter of once a week garbage pickup, and recommended to start once a week garbage pickup on September 1, 1997.

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

ACCEPT BIDS OF PROJECT NO. 4624, 1997
FORCEMAIN VALVE REPLACEMENT AND PIPING
MATERIAL

Committee No. 3, Public Service, reported having considered the matter of Project No. 4624, 1997 forcemain valve replacement: a) bid tabulation; and recommended to accept the bid of Molstad Excavating, Inc. in the amount of $80,850.00.

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

Committee No. 3, Public Service, reported having considered the matter of Project No. 4624, 1997 forcemain valve replacement: b) quotes for bypass piping material; and recommended to award the bid to Fargo Water & Equipment in the amount of $57,915.37.
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July 21, 1997

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4658, DISTRICT NO. 255

Committee No. 3, Public Service Committee, reported having considered the matter of creating special assessment district: a) Project No. 4658, District No. 255, watermain in Johnson's 4th Addition and 17th 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 these improvements.

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

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7325 - Resolution.

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

ACCEPT ENGINEER'S REPORT, WATERMAIN PROJECT
NO. 4658, DISTRICT NO. 255

The city auditor presented and read the engineer's report on Watermain Project No. 4658, District No. 255: Document No. 7326 - Report.

It was moved by Council Member Hafner 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, WATERMAIN PROJECT NO. 4658,
DISTRICT NO. 255

Council Member Hafner introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7327 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4659, DISTRICT NO. 389

Committee No. 3, Public Service Committee, reported having considered the matter of creating special assessment district: Project No. 4659, District No. 389, storm sewer in Johnson's 4th Addition, 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
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specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7328 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER PROJECT
NO. 4659, DISTRICT NO. 389

The city auditor presented and read the engineer's report on Sewer Project No. 4659, District No. 389: Document No. 7329 - Report.

It was moved by Council Member Hafner 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 PROJECT NO. 4659,
DISTRICT NO. 389

Council Member Hafner introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7330 - Resolution.

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

ADOPT REVISED ENGINEER'S REPORT FOR SEWER
PROJECT NO. 4657, DISTRICT NO. 388

Committee No. 3, Public Service, reported having considered the matter of revised engineer's report for Project No. 4657, District No. 388, sanitary sewer in Johnson's 4th Addition, to increase cost from $215,000 to $265,000, and recommended to approve the revised engineer's report.

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

Council Member Hafner introduced the engineer's report on Sewer Project No. 4657, District No. 388: Document No. 7331 - Report.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, SEWER
PROJECT NO. 4657, DISTRICT NO. 388

The city engineer's estimate of total cost of the construction of sanitary sewer in Johnson's 4th Addition in the amount of $ , was presented and read.

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Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4657, District no. 388, sanitary sewer in Johnson's 4th Addition, 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 Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7332 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR WATERMAIN
PROJECT NO. 4597, WATERMAIN IN SENSKE'S ADDITION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4597, watermain in Senske's Addition, and recommended to approve the plans and specifications.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 4557, DISTRICT NO. 551

The city engineer's estimate of total cost of the construction of paving in Rivers Edge, Project No. 4557, District No. 551, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4557, District No. 551, paving in Rivers Edge, 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 Klave that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7333 - Resolution.

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

APPROVE TIME EXTENSION FOR PROJECT NO. 4461,
SEWER DISTRICT NO. 370

Committee No. 3, Public Service, reported having considered the matter of request for time extension for Project No. 4461, District No. 370, sanitary sewer on 11th Avenue South and South 42nd Street, Duckstad Contracting, contractor, and recommended to approve a request for 60-day time extension.

It was moved by Council Member Hafner and seconded by Council Member Klave that this resolution be and is hereby adopted.

It was requested by Council Member Babinchak that she be allowed to abstain from voting on this matter. It was so moved by Council Member Beyer and seconded by
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Council Member Klave that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Upon call for the question, and upon voice vote, the motion carried 10 votes affirmative, Council Member Babinchak abstained from voting.

DELAY MATTER OF BRIDGE REPLACEMENT PROJECT
ON 27TH AVENUE NORTH UNTIL 1999

Committee No. 3, Public Service, reported having considered the matter of bridge replacement project on 27th Avenue North, and recommended to delay the project until 1999.

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

ACCEPT BIDS FOR PROJECT NO. 4332, UPGRADE
LIFT STATION NO. 7

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for Project No. 4332, upgrade Lift Station No. 7, and recommended not to waive the irregularity in the bid of Moorhead Construction and to return the bid unopened.

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

Committee No. 3, Public Service, reported having considered the matter of consideration of bids, Project No. 4332, Upgrade Lift Station No. 7, and recommended to accept the bid of industrial Contract Services, Inc. in the amount of $246,735.00 for general construction and the bid of Hanson Electric of Bemidji, Inc. in the amount of $69,000.00 for electrical construction, contingent upon final approval on the council floor should the bid of Moorhead Construction be opened.

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

Council Member Carpenter reported that he pulled this item because of waiving an irregularity in the bid, and so can be consistent with his vote of last week. Council Member Klave reported that one of the bidders on this project did not acknowledge an addendum on the outside of the bid and that was not following bidding procedure.

Upon roll call the following voted "aye": Council Members Beach, Hanson, Sande, Klave, Beyer, Babinchak - 6; voting "nay": Council Members Polovitz, Hamerlik, Glassheim, Carpenter, Hafner - 5. Mayor Owens declared the motion carried.
MATTER OF CONSIDERATION OF RESTRUCTURING
CITY GOVERNMENT

Committee No. 4, Urban Development, reported that we establish the advisory committee as specified by the NDCC at some point after November 1, and suggest that we consider all items covered by this particular statute (Section 40-01.1-02 NDCC). (Other committees reported to receive and file, with Public Service to remain a four-member committee).

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

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DENY ACQUISITION OF PROPERTY AT 521 NORTH
4TH STREET

Committee No. 4, Urban Development, reported having considered the matter of acquisition of property at 521 North 4th Street, and recommended denial due to lack of funds.