Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, April 20, 1998

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers on Monday, April 20, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 12; absent: Council Members Bouley, Beyer -2.

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.

HEAR BRIEFING RE. DEVILS LAKE

Joe Belford, Ramsey County Commissioner, stated he was here to make council aware of what's going on in Devils Lake and what they hope to accomplish through the process. He stated there is a Red River Basin Board which is a 21-member board, composed of three states and province of Manitoba and meet on a monthly basis (first Thursday of every month), and that their goal and mission is water management throughout the entire Red River Basin.

Mr. Belford summarized the history of Devils Lake flooding and actions taken to date, outlet alternatives that have been evaluated and the proposed emergency outlet plan. Mr. Belford stated he would be around to keep council updated on this matter.

ADOPT ORDINANCE NO. 3708, TO ANNEX ALL OF
MIGHTY ACRES SECOND ADDITION, ALL OF LOT 3,
BLOCK 1, TJ'S SECOND ADDITION AND A 140 FT.
STRIP OF UNPLATTED PROPERTY LYING WITHIN A
PORTION OF EAST HALF OF NW QUARTER OF SECTION 27

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Mighty Acres Second Addition; all of Lot 3, Block 1, TJ's Second Addition and a 140 foot wide strip of unplatted property lying within a portion of the East Half of the Northwest Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian, more specifically described as lying west of and adjoining the west right of way line of Cherry Street being bounded on the north by the westerly extension of the south boundary line of Mighty Acres First Addition to the city of Grand forks, North Dakota, and bounded on the south by the northerly lot line of Lot 3, Block 1, TJ's Second Addition to the city of Grand Forks, North Dakota, containing 33.6 acres more or less", which had been introduced and passed on its first reading on March 16, 1998, was presented and read for consideration on second reading and final passage.

The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none, and it was moved by Council Member Sande and seconded by Council Member Klave that we find an insufficiency of protest to the annexation. Carried 12 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, Lucke, Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3709, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC RIGHTS
OF WAY SHOWN AS DEDICATED ON THE PLAT OF
LeCLERC'S 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 LeClerc's Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 6, 1998, 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.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the ordinance adopted.

REPORTS OF OFFICERS

The city auditor presented and read the cash balance report as of March 31, 1998. It was moved by Council Member Babinchak and seconded by Council Member Hagness to receive and file the report. Carried 12 votes affirmative.

REPORT OF BOARD OF ZONING ADJUSTMENT

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, March 26, 1998, that notice had been published as required and that the following appeals were heard: 1) Curt Siewert on behalf of the City of Grand Forks, 13 South 4th Street, request for variance to the flood proofing requirements to substantially remodel the structure, application for variance was withdrawn; 2) Jerald Notbohm, 702 South 9th Street, request for variance to the garage front setback requirements to erect a detached garage, with variance approved allowing 17 ft. of setback to the drive-in door of an accessory building to build a new detached garage; 3) Frank and Nicole Walski, 1226 Russet Circle, request for variance to the rear yard setback requirements to erect a dwelling, with request held until their next meeting; 4) Tom Corbit, 823 19th Avenue South, request for variance to the impervious surface area and accessory building size requirements to erect a detached garage, with variance approved allowing up to 1,120 sq.ft. of accessory building area and 44% impervious surface area coverage of the property to build a new detached garage; and 5) Gary Malm on behalf of Grand Forks County Commission, 105, 111, 125 and 129 South 4th Street and 300 Bruce Avenue, request for variance to the building height requirement to erect a building, item held until next meeting.

It was moved by Council Member Hagness and seconded by Council Member Babinchak to receive and file. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-06, dated April 20, 1998, and totaling $3,380,709.48, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Glassheim and seconded by Council Member Hafner 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, Lucke, Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

APPROVE APPLICATIONS FOR 3-YEAR REMODELING
EXEMPTIONS

Committee No. 1, Finance, reported having considered the applications for three-year remodeling exemptions for the following properties: 1) 409 Gateway Drive, Kevin Frohlich, A-1 Vacuum, and recommended approval of the application.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 1, Finance, reported having considered the application for three-year remodeling exemption for property at 3527 11th Avenue North, Elizabeth Brocker, and recommended approval of the application based upon pre-flood 1997 value.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 1, Finance, reported having considered the application for three-year remodeling exemption for property at 322 North 20th Street, Kenneth and Marion Sobolik, and recommended approval of the application.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 1, Finance, reported having considered the application for three-year remodeling exemption for property at 1432 Walnut Street, Lynus and Deborah Sevigny, and recommended approval of application based upon pre-flood 1997 value.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

REVIEW MATTER OF GUIDELINES FOR THREE-YEAR
EXEMPTION OF IMPROVEMENTS TO PROPERTY

Committee No. 1, Finance, reported having considered the matter of guidelines for the three-year exemption of improvements to property, and recommended that policy guidelines include change as follows: that all applications received prior to February 1, 1999 would use February 1, 1997 pre-flood value.

It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ACCEPT OFFER TO PURCHASE LOT B, HARTY'S
2ND ADDITION (4330 GATEWAY DRIVE)

Committee No. 1, Finance, reported having considered the offer to purchase Lot B, Harty's 2nd Addition (4330 Gateway Drive), and recommended to accept the offer of Terry Rogers for this property in the amount of $19,000.

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, Lucke, Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENTS

Requests for budget amendments for the Public Library in the amount of $200,329.00, prior year's cash carryover; for Public Library in the amount of $17,775.00 to reflect unanticipated revenue from LSCA grant funds; for Public Transportation in the amount of $40,629.00 to purchase automated dispatching equipment (ADA requirement) FTA 80% and State aid 20%; for Greater Grand Forks Youth Committee in the amount of $20,000.00 to reflect grant monies, were presented and read. It was moved by Council Member Babinchak and seconded by Council Member Bakken that these budget amendments be and are hereby approved. Carried 12 votes affirmative.

APPROVE REQUEST FROM EMPLOYEE FOR LEAVE
OF ABSENCE

Committee No. 1, Finance, reported having considered the matter of employee request for leave of absence and recommended approval of leave of absence without pay for Margaret Emanuel in order that she may receive pay from other employer during her 30-day leave of absence (with no cost to the City of Grand Forks).

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

Council Member Beach stated that this might be setting bad precedent, that employee not risking much at all by trying out another job and have City as a back stop, and urged council to reject the motion, and asked for a roll call vote on the matter after discussion. It was noted that the ordinance allows department head to give 30 days and mayor can grant 60 days leave without pay and all this is doing is to give this individual the opportunity that when she goes to the other position an opportunity to earn pay; that there will be no cost to the City. Council Member Polovitz asked what impact would be on other employees in the department, if employee can leave for 30 days and not have impact. Council Member Hamerlik stated that the employee is allowed to take 30 days without pay, so impact will still be there, and only thing City doing is to allow that employee to collect pay at the other job and not collect any pay from the City so impact on the employees will be the same whether we grant it or not. There was some discussion re. holding job for this employee and guaranteeing re-employment; that if have valued employees don't want to create further incentives for them to leave.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Carpenter, Babinchak, Bakken, Hafner, Hagness - 7; voting "nay": Council Members Beach, Polovitz, Lucke, Sande, Klave - 5. Mayor Owens declared the motion carried.

APPROVE LETTER OF INTENT RELATIVE TO EXCHANGE
OF SPACE BETWEEN CITY AND COUNTY FOR HEALTH
DEPARTMENT AND SHERIFF'S OFFICE

Committee No. 2, Public Safety, reported having considered the matter of letter of intent re. County Office Building (proposal to locate health department in the new office complex and Sheriff's Office to occupy equivalent amount of space in current Police Building/Law Enforcement Center), and recommended to request Mayor's Office to draft letter of intent that City is willing to make this exchange of space in the County Office building and Police Department building, send it on to council for approval and forwarding to the County.

It was moved by Council Member Glassheim and seconded by Council Member Sande that this recommendation and Mayor's letter be and are hereby approved. Carried 12 votes affirmative.

APPROVE VARIANCES TO NOISE ORDINANCE

Committee No. 2, Public Safety, reported having considered request for variance to noise ordinance: UND Squires Hall staff during Karoke Program April 30, 1998, and recommended approval of request for variance to noise ordinance until 12:30 a.m.

It was moved by Council Member Glassheim and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 2, Public Safety, reported having considered the request for variance to noise ordinance by Sigma Chi Fraternity (bands) on April 24, 1998, and recommended to grant request for variance to noise ordinance until 12:30 a.m.

It was moved by Council Member Glassheim and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 2, Public Safety, reported having considered the matter of request for variance to noise ordinance, Rio Bravo Cantina for Cinco De Mayo celebration on May 5, and recommended to grant request for variance to noise ordinance until 12:30 a.m.

It was moved by Council Member Glassheim and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE FOUR-WAY STOP AT CAMPBELL DRIVE
AND CHERRY STREET

Committee No. 2, Public Safety, reported having considered the request for four-way stop at Campbell Drive and Cherry Street, and recommended to install four-way stop at Campbell and Cherry Street and to do a traffic count in three years.

It was moved by Council Member Glassheim and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE BLOCKING OF STREETS FOR CONSTRUCTION
PROJECTS

Committee No. 2, Public Safety, reported having considered the request to use one-half block on Bruce Avenue and parking Area on South 4th Street during construction of a 6-story county office building across from the courthouse, and recommended approval of the request.

It was moved by Council Member Glassheim and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 2, Public Safety, reported having considered the matter of request from M.A.Mortenson re. street (Demers Avenue) at corporate center - closing sidewalk area and constructing pedestrian walkway, and recommended approval of the request.

It was moved by Council Member Glassheim and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE YIELD SIGNS AT 14TH STREET AND
7TH AVENUE NORTH

Committee No. 2, Public Safety, reported having considered the request for yield or stop sign at 7th Avenue North and North 14th Street, and recommended to install yield signs at 14th Street and 7th Avenue North and further to direct the traffic engineer to continue to look at signage on North 12th and 14th Streets and to report back to committee.

It was moved by Council Member Glassheim and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ACCEPT BIDS FOR MOSQUITO CONTROL

Committee No. 2, Public Safety, reported having considered the bids for mosquito control (chemicals and vehicles), and recommended to accept bids for mosquito control from Van Diest Supply Company as follows: Abate 1% at $1.504/lb., Abate 2% at $2.619/lb., Abate 5% at $7.294/lb., Bactimos pellets at $2.862/lb., Scourge 18+54 at $257.05/gal. and that BVA (mineral oil) be purchased from Agsco at price of $3.50/gal.

It was moved by Council Member Glassheim and seconded by Council Member Sande that this recommendation be and is hereby approved. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

Committee No. 2, Public Safety, reported having considered the matter of bids for mosquito control (vehicles), and recommended acceptance of bid from Rydell Chevrolet for the pickup lease for the 1998 season in the amount of $400/month/vehicle, and to accept the bid from Acme Electric for the ATV lease for 1998 in the amount of $450/month.

It was moved by Council Member Glassheim and seconded by Council Member Sande that this recommendation be and is hereby approved. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE APPLICATION FOR CARNIVAL PERMIT

Committee No. 2, Public Safety, reported having considered the application from Schoeppner Shows for carnival permit on may 21-31 at South Forks Plaza area, and recommended approval of application contingent upon review and approval of police, fire and health departments.

It was moved by Council Member Glassheim and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE CHANGE ORDER FOR PROJECT NO. 4433,
BOOSTER STATION

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1, Project No. 4433, Booster Station, and recommended to approve change order in the amount of $7,564.00.

It was moved by Council Member Klave 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, Lucke, Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR PROJECTS NO. 4774 AND 4775, UTILITIES IN
MIGHTY ACRES 2ND ADDITION

Committee No. 3, Public Service, reported having considered the matter of three-way agreements for Projects 4774 and 4775, sanitary sewer and watermain to Mighty Acres 2nd Addition, and recommended to authorize entering into an agreement with Crary Homes and Real Estate and CPS, Ltd.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR PROJECTS 4586, 4587 AND 4588, UTILITIES
IN COUNTRY VIEW RESUBDIVISION

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for Projects 4586, 4587 and 4588, sanitary sewer, watermain and storm sewer in Country View Resubdivision, and recommended to approve continuation of previously signed agreement with developer and engineer.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT
SEWER PROJECT NO. 4496, DISTRICT NO. 394

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4496, District No. 394, sanitary sewer on 6th Avenue North from North 52nd to 55th Streets, and recommended to adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7491 - Resolution.

It was moved by Council Member Klave 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, Lucke, Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
4496, DISTRICT NO. 394

The city auditor presented and read the engineer's report on Sewer Project No. 4496, District No. 394: Document No. 7492 - Report.

It was moved by Council Member Klave and seconded by Council Member Hafner that this report be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4496,
DISTRICT NO. 394

Council Member Klave introduced the following resolution to prepare plans and specifications which was presented and read: Document No. 7493 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT
WATERMAIN PROJECT NO. 4497, DISTRICT NO. 261

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4497, District No. 261, watermain on 6th Avenue North from North 52nd to 55th Streets, and recommended to adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7494 - Resolution.

It was moved by Council Member Klave 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, Lucke, Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN PROJECT
NO. 4497, DISTRICT NO. 261

The city auditor presented and read the engineer's report on Watermain Project No. 4497, District No. 261: Document No. 7495 - Report.

It was moved by Council Member Klave and seconded by Council Member Hafner that this report be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 4497,
DISTRICT NO. 261

Council Member Klave introduced the following resolution to prepare plans and specifications which was presented and read: Document No. 7496 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4519, DISTRICT NO. 381

The city engineer's estimate of total cost of the construction of sanitary sewer on Cherry Street from 47th Avenue South to Southend Drainway in the amount of $106,480.50 was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No.4519, District 381, sanitary sewer on Cherry Street from 47th Avenue South to Southend Drainway, 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 Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7497 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 4520, DISTRICT NO. 252

The city engineer's estimate of total cost of the construction of watermain on Cherry Street from 47th Avenue South to Southend Drainway in the amount of $82,183.50 was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4520, District No. 252, watermain on Cherry Street from 47th Avenue South to Southend Drainway, 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 Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7498 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 12 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4521, DISTRICT NO. 382

The city engineer's estimate of total cost of the construction of watermain on Cherry Street from 47th Avenue South to Southend Drainway in the amount of $72,790.00 was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4521, District No. 382, storm sewer on Cherry Street from 47th Avenue South to Southend Drainway, 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 Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7499 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4707, DISTRICT NO. 393

The city engineer's estimate of total cost of the construction of storm sewer to serve new middle school on 47th Avenue South 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. 4707, District No. 393, storm sewer to serve new middle school on 47th Avenue South, 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 Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7500 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4619, DISTRICT NO. 383

The city engineer's estimate of total cost of the construction of sanitary sewer on North 55th Street from 10th to 12th Avenues North in the amount of $19,446.00 was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4619, District No. 383, sanitary sewer on North 55th Street from 10th to 12th Avenues North, 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 Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7501 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 12 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4746, PAVING PORTION OF SOUTH COLUMBIA ROAD

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4746, paving South Columbia Road from 36th Avenue South to Ulland Park, and recommended to approve plans and specifications for construction and call for bids with due date of May 11, 1998.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4756, REHAB/RECONSTRUCT PORTION OF BELMONT ROAD

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4756, rehabilitate/reconstruct Belmont Road from 47th Avenue South to 55th Avenue South, and recommended that we approve plans and specifications for construction of overlay and call for bids with due date of May 15, 1998.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ACCEPT BIDS FOR PROJECT NO. 4758, WATERMAIN
REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4758, watermain repair on South 5th Street at RR tracks, and interconnect on 2nd Avenue North, and recommended to accept the low bid of Molstad Excavating in the amounts of $13,720 and $8,000 for a total bid of $21,720.00.

It was moved by Council Member Klave 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, Lucke, Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BIDS FOR SEWER PROJECT NO. 4782,
SANITARY SEWER REPAIR ON UNIVERSITY AVENUE

Committee No. 3, Public Service, reported having considered bids for Sewer Project No. 4782, sanitary sewer repair on University Avenue, and recommended that bids of PEC, Inc. of Helena, MT and of Lametti & Sons, Inc., Hugo, MN be returned to bidders unopened as bids did not contain contractor's licenses.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 3, Public Service, reported having considered the bids for Sewer Project No. 4782, sanitary sewer repair on University Avenue, and recommended to accept the bid of Insituform Technologies, Inc. for A-1 in the amount of $296,518 with Change Order #1 deducting $65,653.00 for a total bid of $230,865.00.

It was moved by Council Member Klave 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, Lucke, Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4225,
SOUTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 4, Project 4225, paving South Washington Street, and recommended to approve change order in the amount of $40,534.49.

It was moved by Council Member Klave 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, Lucke, Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

DELAY PROJECT FOR MILL AND OVERLAY OF
DOWNTOWN STREETS

Committee No. 3, Public Service, reported having considered the matter of status of mill and overlay downtown streets, and recommended to delay this project until next year.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

SELECT ENGINEERING FIRM FOR STORM PUMPING
STATION 84

Committee No. 3, Public Service, reported having considered the matter of selection of engineering firm to add second pumping module to storm pumping station 84 (North 55th and 6th Avenue North), and recommended to select the firm of Webster, Foster & Weston as engineer for the project.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE ENTERING INTO TWO-WAY AGREEMENT
FOR PROJECT NO. 4596, GRADING AND GRAVELING
AND STORM SEWER ON 20TH AVENUE NORTH AND
NORTH 44TH STREET

Committee No. 3, Public Service, reported having considered he matter of two-way agreement for Project No. 4596, grading, graveling and storm sewer on 20th Avenue North and North 44th Street, and recommended to authorize entering into the agreement with Jim Senske, Senske & Son Transfer.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ACCEPT BIDS FOR EMERGENCY REPAIRS OF DOWNTOWN
SANITARY SEWER

The Flood Response Committee reported having considered he matter of emergency sanitary sewer repair on South 4th Street, and recommended approval of emergency sanitary sewer repair on South 4th Street in the amount of $51,360 for Corporate Center Project No. 4719.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 3, Public Service, reported having considered the matter of emergency repairs on downtown sanitary sewer (because of anticipated intensive construction work related to proposed Corporate Center and County Office building), and recommended to authorize entering into contract with Insituform in the amount of $51,360.00.

It was moved by Council Member Klave 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, Lucke, Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

INTRODUCE ORDINANCE RELATING TO ESTABLISHMENT
AND IMPOSITION OF CONNECTION FEES

Committee No. 3, Public Service, reported having considered the matter of consideration of an ordinance concerning connection fees and special assessments, and recommended to approve ordinance and to introduce for first reading.

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

Howard Swanson, city attorney, reported this ordinance is in effect codifying in a single location the City's policies on connection fees, that it does expand the type of projects connection fees can be utilized for, that presently have separate Code provisions for water, sanitary sewer and also by resolution utilized connection fees for some other items, ie., streets, bikepaths, etc. and this codifies process or procedures that committee is presently using to establish the districts that connection fees would be imposed upon and also lays out calculations and process by which connection fees are determined. He stated that the ordinance does one additional thing that present resolution does not, and that is it allows for connection fees either within or without the city limits, presently resolution only establishes connection fees outside the city limits.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

Council Member Hafner introduced an ordinance entitled "An ordinance adopting Article --- of Chapter --- relating to the establishment and imposition of connection fees", which was presented, read and passed on first reading.

INTRODUCE ORDINANCE RELATING TO THE USE OF
EMINENT DOMAIN FOR PUBLIC IMPROVEMENTS OR USES

Committee No. 3, Public Service, reported having considered the matter of consideration of ordinance relating to eminent domain for public projects and uses, and recommended to approve ordinance and to introduce for first reading.

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