Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, May 4, 1998

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, May 4, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 11; absent Council Members: Polovitz, Carpenter - 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.

APPROVE MINUTES APRIL 6, 1998

Typewritten copies of the minutes of the council meetings of the city council held on Monday, April 6, 1998, were presented and read. It was moved by Council Member Hagness and seconded by Council Member Bouley that these minutes be approved as read. Carried 11 votes affirmative.

ADOPT ORDINANCE NO. 3710, RE. ESTABLISH-
MENT AND IMPOSITION OF CONNECTION FEES

An ordinance entitled "An ordinance adopting Article 2 of Chapter 22 relating to the establishment and imposition of connection fees", which had been introduced and passed on its first reading on April 20, 1998, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3711, RE. USE OF EMINENT
DOMAIN FOR PUBLIC IMPROVEMENTS OR USES

An ordinance entitled "An ordinance adopting Article --- of Chapter --- relating to the use of eminent domain for public improvements or uses", which had been introduced and passed on its first reading on April 20, 1998, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the ordinance adopted.

COUNCIL MEMBER BEYER REPORTED PRESENT

APPROVE APPOINTMENT OF INSPECTORS AND POLLING
PLACES FOR JUNE 9, 1998 ELECTION, AND ESTABLISH
POLLING HOURS

The city auditor presented a listing of inspectors and polling places by ward and precinct for the 1998 biennial city election to be held in conjunction with the primary election on June 9, 1998: Document No.
7502 - Listing.

It was moved by Council Member Babinchak and seconded by Council Member Babinchak that the listing of inspectors and polling places be approved. Carried 12 votes affirmative.

It was moved by Council Member Sande and seconded by Council Member Babinchak that the hours of election on June 9, 1998 be established as 7:00 a.m. to 8:00 p.m. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 119, PROJECT
NO. 4597

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 119, Project No. 4597, street lighting on Oxford Street, Harvard Street, Princeton Street and 5th Avenue North, had been continued until this evening.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7503 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 119, Project No. 4597, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 126, PROJECT
NO. 4642

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 126 Project No. 4642, street lighting on Cambridge Street, Hamline Street and 5th Avenue North, had been continued until this evening.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7504 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 126, Project No. 4642, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 124, PROJECT
NO. 4639

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 124 Project No. 4639, street lighting at Garden View Estates, had been continued until this evening.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7505 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 124, Project No. 4639, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 115, PROJECT
NO. 4506

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 115, Project No. 4506, street lighting on South 38th Street from 24th to 30th Avenues South, had been continued until this evening.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7506 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 115, Project No. 4506, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 125, PROJECT
NO. 4641

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 125, Project No. 4641, street lighting on South 21st Street from 26th to 27th Avenues South, and on 26th Avenue South from 20th to 23rd Streets, had been continued until this evening.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7507 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 125, Project No. 4641, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING DISTRICT NO. 121, PROJECT
NO. 4636

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 121, Project No. 4636, street lighting at Rivers Edge and 49th Avenue South from Belmont to Rivers Edge Drive, had been continued until this evening.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7508 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 121, Project No. 4636, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATES OF
TOTAL COST AND AWARD CONTRACT, STREET LIGHTING
PROJECTS NOS. 4597, DISTRICT NO. 119; 4642,
DISTRICT NO. 126; 4639, DISTRICT NO. 124; 4506,
DISTRICT NO. 115; 4641, DISTRICT NO. 125; AND
4636, DISTRICT NO. 121

The city auditor presented and read tabulation of bids which had been received and opened on Monday, April 27, 1998 for Street Lighting Project No. 4597, District No. 119, on Oxford Street, Harvard Street, Princeton Street and 5th Avenue North; Street Lighting Project No. 4642, District No. 126, on Cambridge Street, Hamline and 5th Avenue North; Street Lighting Project No. 4639, District No. 124, at Garden View Estates; Street Lighting Project No. 4506, District No. 115, on South 38th Street from 24th to 30th Avenues South; Street Lighting Project No. 4641, District No. 125, on South 21st Street from 26th to 27th Avenues South, and on 26th Avenue South from 20th to 23rd Streets; and Street Lighting Project No. 4636, District No. 121, at Rivers Edge and 49th Avenue South from Belmont to Rivers Edge Drive, indicating that Bergstrom Electric, Inc. was the low bidder based upon their bids in the amounts of $37,519.00, $28,635.00, $14,647.50, $47,312.00, $9,994.00 and $19,732.50, respectively, for a total bid of $157,840.00: Document No. 7509 - Bid Tabulation.

The city engineer's estimates of total cost on Street Lighting Project No. 4597, District No. 119; Street Lighting Project No. 4642, District No. 126; Street Lighting Project No. 4639, District No. 124; Street Lighting Project No. 4506, District No. 115; Street Lighting Project No. 4641, District No. 125; and Street Lighting Project No. 4636, District No. 121, in the amounts of $47,700.00, $36,400.00, $18,700.00, $60,100.00, $12,700.00 and $25,100.00, respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for various projects: 1998 Residential Street Lighting Projects: Project No. 4597, District No. 119, street lights on Oxford Street, Harvard Street, Princeton Street and 5th Avenue North; Project No. 4642, District No. 126, street lights on Cambridge Street Hamline Street and 5th Avenue North; Project No. 4639, District No. 124, street lights at Garden View Estates; Project No. 4506, District No. 115, street lights on South 38th Street from 24th to 30th Avenues South; Project No. 4641, District No. 125, on South 21st Street from 26th to 27th Avenues South, and on 26th Avenue South from 20th to 23rd Streets; and Project No. 4636, District No. 121, at Rivers Edge and 49th Avenue South from Belmont Road to Rivers Edge Drive; and recommended to find that the bid submitted by low bidder, Bergstrom Electric, Inc., has a minor deviation to be waived and to accept their low bid in the total amount of $157,840.00.

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

Howard Swanson, city attorney, reported that the minor deviation was that the contractor had submitted the actual bid tab on a former document prepared by the City that had an incorrect quantity amount, the quantity amount was corrected item by the City but the unit price as bid by the contractor remained the same.

Carried 12 votes affirmative.

Council member Lucke introduced the following resolution which was presented and read: Document No. 7510 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Street Lighting Projects Nos. 4597, 4642, 4639, 4506, 4641 and 4636 to Bergstrom Electric, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 118, PROJECT NO. 4509

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 118, Project No. 4509, street lighting on South 42nd Street from 29th Avenue South to 32nd Avenue South, had been continued until this evening.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7511 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 118, Project No. 4509, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 122, PROJECT NO. 4637

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 122, Project No. 4637, street lighting on South 31st Street from 32nd to 36th Avenues South, and on 36th Avenue South from South 31st Street and 650 east, had been continued until this evening.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7512 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 122, Project No. 4637, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 120, PROJECT NO. 4635

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 120, Project No. 4635, street lighting on South 30th Street, English Coulee Center Second Addition, had been continued until this evening.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

Council Member Hagness introduced the following resolution as to protest which was presented and read: Document No. 7513 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 120, Project No. 4635, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATES OF
TOTAL COST AND AWARD CONTRACT, STREET LIGHTING
PROJECTS NOS. 4509, DISTRICT NO. 118; 4637,
DISTRICT NO. 122; AND 4635, DISTRICT NO. 120

The city auditor presented and read tabulation of bids which had been received and opened on Monday, April 27, 1998 for Street Lighting Project No. 4509, District No. 118, on 20th Avenue South from 38th to 42nd Streets; Street Lighting Project No. 4637, District No. 122, street lights on South 31st Street from 32nd to 36th Avenue South, and for Street Lighting Project No. 4635, District No. 120, street lights at English Coulee Center 2nd Addition; indicating that Bergstrom Electric, Inc. was the low bidder based upon their bids in the amounts of $24,018.00, $21,319.50, and $14,726.00, respectively, for a total bid of $60,053.50: Document No. 7514 - Bid Tabulation.

The city engineer's estimates of total cost on Street Lighting Project No. 4509, District No. 118; Street Lighting Project No. 4637, District No. 122; Street Lighting Project No. 4635, District No. 120, in the amounts of $ , respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for various projects: 1998 Commercial Street Lighting Projects: Project No. 4509, District No. 118, street lights on 20th Avenue South from 38thto 42nd Streets; Project No. 4637, District No. 122, street lights on South 31st Street from 32nd Avenue South to 36th Avenue South; and Project No. 4635, District No. 120, street lights on English Coulee Center 2nd Addition; and recommended to find that the bid submitted by low bidder, Bergstrom Electric, Inc., has a minor deviation to be waived and to accept their low bid in the total amount of $60,053.50.

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

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7515 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Street Lighting Projects Nos. 4509, 4637, and 4635 to Bergstrom Electric, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the contract awarded.

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, April 16, 1998, that notice had been published as required and that the following appeals were heard: 1) Frank and Nicole Walski, 1226 Russet Circle, request for variance to the building height requirements to erect a building, with application for variance withdrawn; 2) Gary Malm on behalf of the Grand Forks County Commission, 105, 111, 125 and 129 South 4th Street and 300 Bruce Avenue, request for variance to the building height requirements to erect a building, with variance approved to allow variance in building height to eighty feet and eight inches plus additional height of the penthouse.
It was moved by Council Member Sande and seconded by Council Member Hafner to receive and file the report. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-07, dated May 4, 1998, and totaling $1,790,084.94, 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 Hagness 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, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
AT 1908 1ST AVENUE NORTH

Committee No. 1, Finance, reported having considered the application for abatement of 1997 real estate taxes by Jerry and Susan Olson, 1908 1st Avenue North (Lots 21 and 22, Block 51, Budge & Eshelman's Third Addition), and recommended to approve the application as presented.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 12 votes affirmative.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
AT 905 NORTH 20TH STREET

Committee No. 1, Finance, reported having considered the application for abatement for 1998 and 1997 real estates taxes by Michael Braley, 905 North 20th Street (Lot 12, Block 1, Swangler's Subdivision), and recommended to approve the application as presented.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 12 votes affirmative.

APPROVE SUPPORT OF TAX BACKING OF REVENUE
BONDS ISSUED BY THE AIRPORT, SUBJECT TO
CONDITIONS

Committee No. 1, Finance, reported having considered the matter of airport bonds, and recommended approval of the City supporting the tax backing of revenue bonds issued by the Airport, providing that the County Commissioners approve deletion of City taxpayers from the County portion of the levy.

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

APPROVE REQUEST FROM FRATERNAL ORDER OF
POLICE FOR IMPOUNDED BICYCLES

Committee No. 2, Public Safety, reported having considered the request from Fraternal Order of Police for abandoned bikes for repair and to give to deserving youth, and recommended that we allow the Fraternal Order of Police to take up to 50 bicycles except mountain bikes in good condition.

Committee No. 1, Finance, reported having considered the matter of request for impounded bicycles by Fraternal Order of Police, and recommended to concur with Public Safety Committee recommendation.

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

AUTHORIZE ENTERING INTO AGREEMENT WITH
BTCI TO DESIGN SYSTEM FOR WIDE AREA NETWORK

Committee No. 1, Finance, reported having considered the matter of wide area network bid summary, and recommended to approve entering into contract with BTCI with price not to exceed $8,100.00 to design the system.

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

The city auditor reported that they would need an amendment to approve a budget amendment using carryover of $8,100.00 to allow that expenditure. It was moved by Council Member Glassheim and seconded by Council Member Sande to approve a budget amendment from cash carryover in the amount of $8,100.00. Carried 12 votes affirmative.

Upon call for the question, as amended, and upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT BID FOR PAINTING FIRE TRUCK

Committee No. 2, Public Safety, reported having considered the matter of bids for painting fire truck, and recommended to accept the bid of Red Power International, Inc. in the amounts of $9,300 for base bid, $950 for alternate and $450 for change order, for a total bid of $10,700.00.

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


RECEIVE AND FILE REQUEST FOR FINES FOR
INDIVIDUALS DRIVING ACROSS GRASS, PUBLIC OR
PRIVATE

Committee No. 2, Public Safety, reported having considered the request re. possibility of fine for people driving across grass, public or private, including medians, 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 12 votes affirmative.

APPROVE BUDGET AMENDMENTS

A request for budget amendment for the police department in the amount of $7,245.00, to reflect funds for grant for security patrol in flood damaged neighborhoods, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim to approve the budget amendment. Carried 12 votes affirmative.

A request for budget amendment for Mosquito Control in the amount of $12,322.00 to reflect additional revenue based on projected collections, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim to approve the budget amendment. Carried 12 votes affirmative.

A request for budget amendment for the Health Department in the amount of $1,000.00 to reflect funds from Unanticipated Families First Revenue to cover expenditures for client/customer seating, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim to approve the budget amendment. Carried 12 votes affirmative.

A request for budget amendment for the Health Department in the amount of $11,009.00 from 1997 budget carryover to cover department budget expenditures, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim to approve the budget amendment. Carried 12 votes affirmative.

ACCEPT BID FOR TELEPHONE SYSTEM FOR POLICE
DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of proposals for telephone system for police department, and recommended to accept bid of Diversified Communications in the amount of $76,750.00.

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

APPROVE DEVELOPMENT AGREEMENT AND EASEMENTS
FOR VARIOUS PROJECTS

Committee No. 3, Public Service, reported having considered the matter of development agreement for Events Center (Aurora) at east side of South 42nd Street between the Ray Richards Golf Course and 11th Avenue South, for and in consideration of $1.00, and other good and valuable considerations, George McEnroe, grantor, and recommended to approve and to authorize proper City officials to enter into the agreement.

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

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement for Storm Sewer Project No. 4463, located north of 17th Avenue South and east of I-29, for and in consideration of the sum of $700.00, and other good and valuable considerations, to grantors: John W. Scott, A.J. Dickson, Theodore M. Camrud and Janakikeli Cronquist, and recommended to approve easement and authorize proper City officials to sign the documents.

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

ACCEPT BIDS FOR WASTEWATER TREATMENT PLANT
PROCESS EQUIPMENT, PROJECT NO. 4371

Committee No. 3, Public Service, reported having considered the matter of bids for Wastewater Treatment Plant process equipment, City Project No. 4371, and recommended to accept the base bid of BDT/LPH, Grand Forks, for $6,273,000 with Alternate A for $2,855,000, and approval of the supplemental agreement subject to review and approval of the city attorney, and contingent upon approval of the North Dakota State Department of Health.

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

AUTHORIZE ENGINEERING FIRM TO PROCEED WITH
DESIGN OF DOWNTOWN WATERMAIN

Committee No. 3, Public Service, reported having considered the matter of downtown utility evaluation, and recommended to authorize Advanced Engineering to proceed with design of the downtown watermain for the mill and overlay portion, with preliminary engineering estimate of $47,988.00.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
ACCEPT BIDS FOR PRINTER/PLOTTER/SCANNER FOR
ENGINEERING DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for engineering department printer/plotter/scanner, and recommended to accept the bid of Liberty Business Systems in the amount of $39,868.00.

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

AUTHORIZE ENTERING INTO TWO-WAY AGREEMENT
WITH STRATA CORPORATION FOR PROJECT NO. 4799

Committee No. 3, Public Service, reported having considered the matter of two-way agreement for Project No. 4799, paving Red Dot Place, and recommended to authorize entering into the agreement with Strata Corporation.

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

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
WITH INTERSTATE DETROIT DIESEL, INC. FOR
PROJECT NO. 4747

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for Project No. 4747, watermain on South 42nd Street (32nd Avenue South to 800 ft. south), and recommended to authorize entering into the agreement with Interstate Detroit Diesel, Inc. and Pribula Engineering.

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

APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 4768, STORM SEWER LIFT STATION 84

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for Project No. 4768, adding pump module at storm sewer lift station 84, North 55th Street and 6th Avenue North, and recommended to authorize entering into agreement with Webster, Foster & Weston in the amount of $25,821.00.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PARKING PROJECT NO. 4796, DISTRICT NO. 11

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4796, District No. 11, parking ramp at Corporate Center, 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 Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Lucke introduced the following resolution creating the assessment district, which was presented and read: Document No. 7516 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PARKING PROJECT
NO. 4796, DISTRICT NO. 11

The city auditor presented and read the engineer's report on Parking Project No. 4796, District No. 11: Document No. 7517 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PARKING PROJECT
NO. 4796, DISTRICT NO. 11

Council Member Lucke introduced the following resolution of necessity, which was presented and read: Document No. 7518 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.


ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4496, DISTRICT NO. 394

The city engineer's estimate of total cost of the construction of sanitary sewer on 6th Avenue North from North 52nd to North 55th Streets in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Project No. 4496, District No. 394, sanitary sewer on 6th Avenue North from North 52nd to North 55th Streets, and recommended to 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 Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7519 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 4497, DISTRICT NO. 261

The city engineer's estimate of total cost of the construction of watermain on 6th Avenue North from North 52nd to North 55th Streets in the amount of $ was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Project No. 4497, District No. 261, watermain on 6th Avenue North from North 52nd to North 55th Streets, and recommended to 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 Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7520 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4596, GRADING AND STORM SEWER ON 20TH
AVENUE NORTH AND NORTH 44TH STREET

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Project No. 4596, grading and storm sewer on 20th Avenue North and North 44th Street, and recommended to approve plans and specifications.

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

APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
CALL FOR BIDS, PROJECT NO. 4780, TRAFFIC SIGNALS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for various projects, Project No. 4780, traffic signals at South Columbia Road and 32nd Avenue South, and recommended to approve plans and specifications and authorize city auditor to call for bids.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, WATERMAIN
PROJECT NO. 4708, DISTRICT NO. 259

The city auditor presented and read tabulation of bids which had been received and opened on Monday, April 27, 1998 for Watermain Project No. 4708, District No. 259, watermain on 17th Avenue South from Lynwood Circle to Industrial Park, indicating that Molstad Excavating, Inc. was the low bidder based upon their bid in the amount of $406,985.00: Document No. 7521 - Bid Tabulation.

The city engineer's estimate of total cost on Watermain Project No. 4708, District No. 259, in the amount of $ , was presented and read.