Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, June 1, 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, June 1, 1998 at the hour of 7:30 o'clock p.m. with President Hagness presiding. Present at roll call were Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; absent: none.

President Hagness 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 FOR DECEMBER 1, 1997,
MARCH 31, 1998 AND APRIL 20, 1998

Typewritten copies of the minutes of the regular, special and adjourned meetings of the city council held on Monday, December 1, 1997, Tuesday, March 31, 1998 and Monday, April 20, 1998 were presented and read. It was moved by Council Member Hafner and seconded by Council Member Glassheim that these minutes be approved as read. Carried 14 votes affirmative.

ADD ITEMS TO AGENDA UNDER NEW BUSINESS

The city auditor reported that there will be two new items listed on the agenda under New Business: 1) matter of DDC request for redevelopment of burned out one-half block, and from Flood Response 2) the structure purchase only in Phase II area. It was moved by Council Member Bouley and seconded by Council Member Babinchak to add these items to the agenda. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3714 TO AMEND THE ZONING
MAP TO INCLUDE WITHIN KANNOWSKI PUD CONCEPT
DEVELOPMENT PLAN, ALL OF SECTION 28, T151N
R50W OF 5TH P.M., LESS NE QUARTER NE QUARTER
THEREOF

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-2 (Agricultural Reserve) District and to include within the Kannowski PUD (Planned Unit Development), Concept Development Plan, all of Section 28, Township 151 North of Range 50 West of the 5th Principal Meridian less the Northeast Quarter of the Northeast Quarter thereof, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 4, 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.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter.
Dennis Potter, city planner, reported that this is one more step in the process to approve and ultimately build the golf course housing project in the southern part of the city, the Planning Commission considered this item on May 20 and recommended approval subject to the conditions that are contained in the agenda packet.

The Planning and Zoning Commission reported having considered the matter of the request from John Staley on behalf of the Grand Forks Park District for final approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the Kannowski PUD (Planned Unit Development) Concept Development Plan, all of Section 28, Township 151 North of Range 50 West of the 5th Principal Meridian less the Northeast Quarter of the Northeast Quarter thereof (located between South Washington Street and South Columbia Road and between 47th Avenue South and 62nd Avenue 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 motion for approval was made by Council Members Hafner and Carpenter.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the ordinance adopted.

ADOPT ORDINANCE NO. 3715, TO ANNEX ALL OF
PERKINS 4TH ADDITION, LESS PREVIOUSLY ANNEXED
AREA

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Perkins 4th Addition less .51 acres previously annexed by ordinance 3582, said addition of 40.10 acres less .51 acres previously annexed contains a net acreage of 39.59 acres, more or less", which had been introduced and passed on its first reading on May 18, 1998, was presented and read for consideration on second reading and final passage.

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

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the ordinance adopted.

APPROVE ASSESSMENTS, SNOW REMOVAL PROJECT
NO. 4731

The city auditor presented and read the assessments as certified to him by the superintendent of streets on Snow Removal Project No. 4731 in the amount of $2,425.00, and reported that the legal notice to the public that these assessments would be presented to the city council this evening had been published as required, and further that no protests or grievances had been filed with his office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Bakken and seconded by Council Member Babinchak to declare an insufficiency of protest. Carried 14 votes affirmative.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed and that they be levied against the property benefited in one annual installment to be collected with other taxes by the proper authorities. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

SET PUBLIC HEARING ON PETITION TO VACATE
ALL OF ALLEY LYING IN BLOCK 27, TOWN OF
GRAND FORKS, EXCEPT CERTAIN LOTS

The city auditor presented matter to set public hearing on petition to vacate all of alley lying in Block 27, Town of Grand Forks, except that portion of alley lying adjacent to Lots 1 through 6, inclusive, for corporate center parking ramp and stated they need a motion to set the hearing for July 6.

It was moved by Council Member Hamerlik and seconded by Council Member Klave to set the public hearing on the vacation of this alley for July 6, 1998. Carried 14 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 1719 2ND AVENUE NORTH FOLLOWING
PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by John Bredemeier to move building from 125 Polk Street to 1719 2nd Avenue North to be used as a garage had been published and posted as required.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Committee No. 3, Public Service, reported having considered the application for moving permit by John Bredemeier to move building from 125 Polk Street to 1719 2nd Avenue North for double garage, and recommended to approve application for moving permit subject to the public hearing.

It was moved by Council Member Hafner and seconded by Council Member Lucke that this recommendation be and is hereby approved and further that Mr. Bredemeier be authorized to move the building. Carried 14 votes affirmative.


APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 801 CHESTNUT STREET FOLLOWING
PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Lana Stallard to move
building from 124 Lincoln Drive to 801 Chestnut Street to be used as a garage had been published and
posted as required.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Committee No. 3, Public Service, reported having considered the application for moving permit by Lana Stallard to move building from 124 Lincoln Drive to 801 Chestnut Street for garage, and recommended to approve application for moving permit subject to the public hearing.

It was moved by Council Member Hafner and seconded by Council Member Lucke that this recommendation be and is hereby approved and further that Ms. Stallard be authorized to move the building. Carried 14 votes affirmative.

REPORT OF BOARD OF ZONING ADJUSTMENTS

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, May 14, 1998, that notice had been published as required and that the following appeals were heard: 1) Brenda Jobe, 823 Walnut Street, request for variance to the side yard setback requirements to erect an attached garage, and variance approved to allow two ft. of side yard setback to construct an attached garage if the roof drainage is directed towards 9th Avenue North; 2) John LaDuke, 516 39th Avenue South, request for variance to the side yard setback requirements to erect an addition to the attached garage, variance approved to allow four ft. of side yard setback to construct an addition to the attached garage; 3) Paul Wallin, 1411 Chestnut Street, request for variance to the side yard setback requirements to erect an attached garage, variance approved to allow three ft. of side yard setback to construct an attached garage; 4) Jim Anderson, 3124 Chestnut Street, request for variance to the side yard setback requirements to erect an addition to the attached garage, variance approved to allow three ft. of side yard setback to construct an addition to the attached garage; 5) the Grand Forks Public Health Department on behalf of the City of Grand Forks, 1405 1st Avenue North, request for variance to the front yard setback, second front yard setback and yard requirements to erect an addition to the building, variance approved to allow eight ft. of front yard setback, seven ft. of second front yard setback and sixteen ft, in each direction from the point of intersection, for clearance visibility on a corner, to construct an Addition to the storage building; 6) Wally Rodgers, 2498 South 35th Street, request for variance to the yard requirements to erect a deck, variance denied; and 7) Kermit Hammonds, 1402 4th Avenue North, request for variance to the front yard setback requirements to erect a detached garage, variance approved to allow five ft. of second front yard setback to construct a detached garage.

It was moved by Council Member Sande and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS
Vendor Payment Listing No. 98-09, dated June 1, 1998 and totaling $1,925,835.37, all having been audited by the city auditor for payment, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Babinchak that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried and the bills ordered paid.

APPROVE REQUEST FOR UNPAID LEAVE OF ABSENCE

Committee No. 1, Finance, reported having considered the request by employee, Theresa Knox, for unpaid leave of absence from September 1, 1998 to August 31, 1999 to attend University of Minnesota, and recommended to approve the request.

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

APPROVE REPLACEMENT OF TRUCK-MOUNTED CRANE
TO LUNSETH'S PLUMBING & HEATING COMPANY

Committee No. 1, Finance, reported having considered the matter of replacement of one 12 1/2 ton National 556B truck-mounted crane, and recommended that we reimburse Lunseth's Plumbing & Heating for he truck and crane and authorize payment in an amount not to exceed $61,000 and other appropriate costs, that the city attorney draft legal documents, and that we authorize transfer of funds from the General Fund carryover.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

APPROVE UNDERWRITER FOR CORPORATE CENTER
BOND ISSUE

Committee No. 1, Finance, reported having considered the matter of underwriter for corporate center bond issue, and recommended to accept proposal of Dain Rauscher as underwriter for the corporate center.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.


DENY REQUEST FROM PRICE KING RENT-A-CAR
FOR SIX-MONTH CLOSURE OF SIDEWALK

Committee No. 2, Public Safety, reported having considered the request from Price King Rent-a-Car, 301 Gateway Drive, re. parking problem, and for six-month closure of sidewalk contingent upon Price King signing hold harmless agreement and Agreeing to repair berm and sidewalk areas if damaged, and recommended to deny request.

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

APPROVE REQUEST TO BUILD OUTDOOR DECK ADJ.
TO EXISTING RESTAURANT AT PLAYERS

Committee No. 2, Public Safety, reported having considered the matter of request from Players to build outdoor deck to existing restaurant to provide extra dining And seating, And to utilize their liquor license on this deck, and recommended to approve request and allow utilization of liquor license on the outdoor deck.

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

APPROVE REQUEST FROM MOLSTAD EXCAVATING,
INC. TO CLOSE PORTION OF 17TH AVENUE SOUTH
DURING CONSTRUCTION OF WATERMAIN

Committee No. 2, Public Safety, reported having considered the request from Molstad Excavating, Inc. for closing of portion of 17th Avenue South during construction of watermain on 17th Avenue South from Lynwood Circle to Industrial Park, Project No. 4708, and recommended to approve request from Molstad Excavating to close street from Lynwood Drive to 42nd Street as requested.

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

APPROVE BUDGET AMENDMENTS

A request for budget amendment from the Grand Forks Municipal Court to transfer $1,879.00 to purchase printer was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this budget amendment be approved. Carried 14 votes affirmative.

A request for budget amendment from Fire Department to transfer $1,000 to reimburse training fund for training supplies received, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this budget amendment be approved. Carried 14 votes affirmative.

A request for budget amendment from the Health Department to transfer $2,483.00 to reflect unanticipated Children's Service Coordinating Committee Revenue to cover expected expenditures, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this budget amendment be approved. Carried 14 votes affirmative.

A request for budget transfer from the Health Department to transfer $1,350.00 to reflect income from Food Service Class And Pool Class, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this budget amendment be approved. Carried 14 votes affirmative.

APPROVE APPLICATION FOR CARNIVAL

Committee No. 2, Public Safety, reported having considered the application for carnival by Greater Grand Forks Fair & Exhibition July 10 through July 19, 1998, and recommended approval of the application contingent upon approval by the various departments.

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

CONSIDER MATTER OF SUBSTANDARD BUILDINGS

Committee No. 2, Public Safety, reported having considered the matter of substandard building, blighted structures and public health hazards/threats, and recommended that health department meet with fire and inspection departments, draft a letter to potential property owners and notify by mail asking for access to their property.

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

APPROVE VARIANCE TO DRIVEWAY FOR SIMPLOT'S
SATELLITE DISTRIBUTION FACILITY

Committee No. 3, Public Service, reported having considered the matter of request by Simplot for variance to driveway (satellite distribution facility), maximum allowable width of roadway approach, and recommended to allow a maximum width of 83 ft. at roadway entrance on westerly side And 100 ft. on the easterly approach, so that the trucks not pulling out into the wrong lanes of traffic flow as accessing and leaving the property.

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

REFER REQUEST BY MECHANICAL CONTRACTORS
RE. UNPAID MECHANICAL PERMITS BACK TO
COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of request by mechanical contractors re. unpaid mechanical permits, and recommended that they charge the $15.00 issuance permit fee and waive the $15.00 inspection fee.

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

Council Members Hafner and Klave asked that this matter be referred back to committee for further information and discussion.

ACCEPT CONCEPT FOR STREET DEPARTMENT TO
PURCHASE VEHICLES FROM SOLID WASTE DEPARTMENT
AND REFER TO BUDGET FRAMEWORK COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of request from Street Department for trucks, and recommended to accept concept for Street Department to purchase three Solid Waste Department trucks being bid as trade for side-load trucks and to refer to the Budget Framework Committee to include funding in the 1999 budget.

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

APPROVE TEMPORARY CONSTRUCTION AND ROADWAY/
UTILITY EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement for Watermain Project No. 4706 at 47th Avenue South (north side) between South Washington Street And South 20th Street extended, for and in consideration of the sum of $1875.00, and other good and valuable considerations (Hope Evangelical Covenant Church, $400; David Beste, $100.00; Willard M. and Mary Ann Baird, $700.00; Robert Peterson (to be acquired through drainway project), Judith A. Gornowicz, $500.00, and Guy Useldinger, $175.00), and recommended to approve the easements and authorize proper City officials to sign the easements.

Committee No. 3, Public Service, reported having considered the matter of roadway and utility easement for Sanitary Sewer Project 4661, at South 34th Street between 32nd Avenue South and Ruemmele Road, for $1.00 and other good and valuable considerations, Arthur Greenberg, Jr., grantor, and to approve the easements and authorize proper City officials to sign the easements.

Committee No. 3, Public Service, reported having considered he matter of temporary construction easement for Sanitary Sewer Project No. 4661 at South 34th Street between 32nd Avenue South and Ruemmele Road, for $1.00 and other good and valuable considerations, D.J. Parker, Inc. and Perkins Land Co., grantor, and recommended to approve the easements and authorize proper City officials to sign the easements.

It was moved by Council Member Hafner and seconded by Council Member Lucke that these recommendations be and are hereby approved. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.


APPROVE PLANS AND SPECIFICATIONS FOR
WASTEWATER TREATMENT PLANT ACCESS ROAD AND
STAGING AREA

Committee No. 3, Public Service, reported having considered the matter of wastewater treatment plant, access road and staging area, approval of plans and specifications, and recommended to approve plans and specifications and authorize call for bids.

It was moved by Council Member Hafner and seconded by Council Member Lucke that these recommendations be and are hereby approved. Carried 14 votes affirmative.

APPROVE RFP FOR ENGINEERING/SURVEY SERVICES
FOR PERMANENT FLOOD PROTECTION IN-KIND SERVICE
PROJECTS

Committee No. 3, Public Service, reported having considered RFP for engineering and surveying services, permanent flood protection in-kind service projects, and recommended to approve RFP for engineering and surveying services.

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

APPROVE THREE-WAY AGREEMENT WITH VERN
GORNOWICZ TO CONNECT TO CITY WATERMAIN

Committee No. 3, Public Service, reported having considered matter of request from Vern Gornowicz to connect to city watermain, three-way agreement, and recommended to direct city Attorney to draw agreement to allow water tie in and authorize entering into three-way agreement with developer and engineer.

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

APPROVE SELECTION COMMITTEE FOR ENGINEER
TO PROVIDE SERVICES FOR PROJECT 4806 AND
PROJECT 4807

Committee No. 3, Public Service, reported having considered the matter of selection committee for engineering services for Project No. 4806, pave Mill Road from Gateway to Highway 81, and Project No. 4807, paving South Washington Street from 40th to 47th Avenues South), and recommended to approve selection committee for engineering services. Council Member Lucke will represent public service committee.

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


APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 4756, PAVING BELMONT ROAD

Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services for KBM (construction administration), Project No. 4756, paving Belmont Road, and recommended to approve agreement with KBM, Inc. for engineering services at a cost of $34,500, and authorize proper city officials to enter into cost participation agreement with ND Department of Transportation.

It was moved by Council Member Hafner and seconded by Council Member Lucke that these recommendation be and are hereby approved. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4522, DISTRICT NO. 554

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Paving Project No. 4522, District No. 554, paving Cherry Street from 47th Avenue South to Southend Drainway, 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 Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7544 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
4522, DISTRICT NO. 554

The city auditor presented and read the engineer's report on Paving Project No. 4522, District No. 554: Document No. 7545 - Report.

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


ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4522, DISTRICT NO. 554

Council Member Hafner introduced the following resolution of necessity, which was presented and read: Document No. 7546 - Resolution.

It was moved by Council Member Hafner and seconded y Council Member Lucke that this resolution be and is hereby adopted. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4825, DISTRICT NO. 559

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Paving Project No. 4825, District No. 559, paving 47th Avenue South from Cherry Street to South Washington Street, 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 Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7547 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
4825, DISTRICT NO. 559

The city auditor presented and read the engineer's report on Paving Project No. 4825, District No. 559: Document No. 7548 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4825, DISTRICT NO. 559

Council Member Hafner introduced the following resolution of necessity, which was presented and read: Document No. 7549 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4661, DISTRICT NO. 391

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Sewer Project No. 4661, District No. 391, sanitary sewer on South 34th Street from 32nd Avenue South to Lift Station #38, 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 Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hafner introduced the following resolution creating the assessment district, which was presented and read: Document No. 7550 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
4661, DISTRICT NO. 391

The city auditor presented and read the engineer's report on Sewer Project No. 4661, District No. 391: Document No. 7551 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
PROJECT NO. 4661, DISTRICT NO. 391

Council Member Hafner introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7552 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried and the resolution adopted.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECTS
NOS. 4774, 4775 AND 4776, SEWER AND WATERMAIN
FOR MIGHTY ACRES 2ND ADDITION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Projects No.’s 4774, 4775 and 4776, sanitary sewer, watermain and storm sewer to serve Mighty Acres 2nd Addition, and recommended to approve plans and specifications.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4792, DISTRICT NO. 395

The city engineer's estimate of total cost of the construction of storm sewer on North 10th Street and 2nd Avenue North in the amount of $34,306.25, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4792, District 395, storm sewer on North 10th Street and 2nd Avenue 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 Hafner and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7553 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Lucke 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. 4794, DISTRICT NO. 262

The city engineer's estimate of total cost of the construction of watermain on North 53rd Street and 12th Avenue North in the amount of $57,525.30, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4794, District 262, watermain on North 53rd Street and 12th Avenue 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 Hafner and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7554 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4802, DISTRICT NO. 396

The city engineer's estimate of total cost of the construction of storm sewer on North 53rd Street and 12th Avenue North in the amount of $36,445.50, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4802, District 396, storm sewer on North 53rd Street and 12th Avenue 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 Hafner and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7555 - Resolution.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, SEWER
PROJECT NO. 4496, DISTRICT NO. 394, AND
WATERMAIN PROJECT NO. 4497, DISTRICT NO. 261

The city auditor presented and read tabulation of bids which had been received and opened on May 22, 1998 for Sewer Project No. 4496, District No. 394, and Watermain Project no. 4497, District No. 261, sanitary sewer and watermain on 6th Avenue North from North 52nd Street to 55th Street, indicating that Soberaski, Inc. was low bidder based upon their bids in the amounts of $31,545.00 and $36,480.00, respectively, for a total bid of $68,025.00: Document No. 7556 - Bid Tabulation.

The city engineer's estimate of total cost on Sewer Project No. 4496, District No. 394, in the amount of $40,000.00 and on Watermain Project No. 4497, District No. 261, in the amount of $46,500.00 (including City's share), were presented and read.
Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4496, District no. 394, sanitary sewer on 6th Avenue North from North 52nd to North 55th Streets, and for Project No. 4497, District No. 261, watermain on 6th Avenue North from North 52nd to North 55th Streets, and recommended that we accept the low bid of Soberaski, Inc. in the amounts of $31,545.00 and $36,480.00, respectively, for a total bid of $68,025.00.

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

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7557 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Lucke that this resolution awarding the contract for Sewer Project No. 4496, District No. 394, and for Watermain Project No. 4497, District No. 261, to Soberaski, Inc. be and is hereby adopted. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande,
Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried and the contract awarded.

AWARD CONTRACT FOR PROJECT NO. 4780, TRAFFIC
SIGNAL AT SOUTH COLUMBIA ROAD AND 32ND AVENUE
SOUTH

Committee No. 3, Public Service, reported having considered the construction bids for Project No.4780, traffic signal at South Columbia Road and 32nd Avenue South, and recommended that we accept the low bid of Nodak Contracting in the amount of $18,750.00.

It was moved by Council Member Hafner and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call vote the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, SEWER
PROJECT NO. 4713, DISTRICT NO. 392