Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, June 15, 1998

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, June 15, 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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; absent: none.

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.

Howard Swanson, city attorney, advised mayor and council that under the City Code following the election of a new council, final action cannot be taken on items on the agenda relating to the second reading of ordinances until the second regularly scheduled meeting after the election (July 6), his recommendation was that the council could formally table the matter until that date or could act upon those items tonight knowing they will come back to council at its next meeting. The council determined to call the public hearings and receive any comments, and that final action will be taken on July 6, 1998.

HOLD PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON REPLAT OF PERKINS FOURTH ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Perkins Fourth Addition to the city of Grand Forks, North Dakota", which had been introduced on May 18, 1998 and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 their office.

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

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Pribula Engineering on behalf of Hampton Corporation for final approval of a Replat of Lots 1, 2 and 3, Block 2, Perkins Fourth Addition to the city of Grand Forks, North Dakota (located south of 36th Avenue South between South 31st Street and South 34th Street), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map.

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

Upon call for the question of adoption of the 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. Mayor Owens declared the motion carried; and that final action on the ordinance would be taken on July 6, 1998.

HOLD PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON REPLAT OF COUNTRYSIDE SUBDIVISION

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 Replat of Countryside Subdivision, Grand Forks, North Dakota", which had been introduced on May 18, 1998 and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 their office.

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

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Dennis and Barbara Hanson for final approval of a Replat of Lots 11, Countryside Sub-division, Grand Forks County, North Dakota (located in the northeast corner of 32nd Avenue South and Prairie Road (2 3/4 miles west of I-29), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map.

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

Upon call for the question of adoption of the 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. Mayor Owens declared the motion carried; and that final action on the ordinance would be taken on July 6, 1998.

HOLD PUBLIC HEARING AND SECOND READING OF
ORDINANCE TO AMEND ZONING MAP TO INCLUDE WITHIN
COLUMBIA PARK SOUTH PUD, CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 1, ALL OF COLUMBIA 21ST
AND 25TH ADDITIONS, AND PART OF COLUMBIA PARK
24TH ADDITION AND UNPLATTED PROPERTY

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Columbia park South PUD (Planned Unit Development) District, Concept Development Plan (formerly a portion of Columbia Park PUD, Concept Development Plan (Part B-2); Columbia Park 2nd PUD, Concept Development Plan and Columbia Park 3rd PUD, Concept Development Plan and to include within Columbia Park South PUD (Planned Unit Development) District, Concept Development Plan, Amendment No. 1, all of Columbia 21st and Columbia Park 25th Addition; the northerly 300 feet of Columbia Park 24th Addition and the southerly 300 feet of the northerly 340 feet of the South One-Half of the North-west Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian", which had been introduced on May 18, 1998 and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 their office.

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

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Steven L. Adams. on behalf of Art Greenberg, Jr. for final approval of an ordinance to amend the Zoning Map to exclude from Columbia Park South PUD (Planned Unit Development) District, Concept Development Plan (formerly a portion of Columbia Park PUD, Concept Development Plan (Part B-2); Columbia Park 2nd PUD, Concept Development Plan and Columbia Park 3rd PUD, Concept Development Plan and to include within Columbia Park South PUD (Planned Unit Development) District, Concept Development Plan, Amendment No. 1, all of Columbia Park 21st and Columbia Park 25th Addition; the northerly 300 feet of Columbia park 24th Addition and the southerly 300 feet of the northerly 340 feet of the South Half of the Northwest Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian (located between 32nd Avenue South and one block south of 36th Avenue South and between South 20th Street and South Columbia Road), 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.

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

Upon call for the question of adoption of the 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. Mayor Owens declared the motion carried; and that final action on the ordinance would be taken on July 6, 1998.

TABLE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN SOUTHERN ESTATES PUD, CONCEPT DEVELOPMENT
PLAN, THE SOUTH ONE-HALF OF SE QUARTER OF SECTION
21, T151N, R50W OF 5TH PRINCIPAL MERIDIAN TO
JULY 6, 1998

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 Southern Estates PUD (Planned Unit Development), Concept Development Plan, the South One-Half of the Northwest Quarter, the Southwest Quarter and the west one-half of the Southeast Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which had been introduced on May 18, 1998 and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The deputy 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 their office.

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

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Steven L. Adams. on behalf of Gornowicz, Useldinger and Greenberg, for final approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within Southern Estates PUD (Planned Unit Development) district, Concept Development Plan, the South Half of the Northwest Quarter, the Southwest Quarter and the West Half of the Southeast Quarter of Section 321, Township 151 North of Range 50 West of the 5th Principal Meridian (located between South 16th Street and South Columbia Road and between 36th Avenue South and 47th Avenue South), and recommended to table and extend the public hearing for consideration of an ordinance amending the zoning map to July 6, 1998.

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

HOLD PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON PLAT OF SERVICE 2ND SUBDIVISION

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 Service 2nd Subdivision, Grand Forks, North Dakota", which had been introduced on May 18, 1998 and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 their office.

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

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Pribula Engineering on behalf of John Campbell for final approval of a plat of Service 2nd Subdivision to the city of Grand Forks, North Dakota, being a portion of the North Half of the North Half of Section 32, Township 152 North of Range 50 West of the 5th Principal Meridian (located south of the intersection of 27th Avenue North and North 30th Street), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan.

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

Upon call for the question of adoption of the 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. Mayor Owens declared the motion carried; and that final action on the ordinance would be taken on July 6, 1998.

HOLD PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN I-2 (HEAVY INDUSTRIAL) DISTRICT, ALL
OF SERVICE 2ND SUBDIVISION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (limited Development) District and to include within the I-2 (Heavy Industrial) District, all of Service 2nd Subdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on May 18, 1998 and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 their office.

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

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Pribula Engineering on behalf of John Campbell for final approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) District and to include within the I-2 (heavy Industrial) District all of Service 2nd Sub-division to the city of Grand Forks, North Dakota (located south of the intersection of 27th Avenue North and North 30th Street), and recommended final approval and passage of the ordinance amending the zoning map.

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

Upon call for the question of adoption of the 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. Mayor Owens declared the motion carried; and that final action on the ordinance would be taken on July 6, 1998.

HOLD PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN B-3 (GENERAL BUSINESS) DISTRICT ALL
OF LOT 9, BLOCK 2, SUNNY NODAK FARMS ADDITION

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 B-3 (General Business) District, all of Lot 9, Block 2, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 18, 1998 and upon which pubic hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 their office.

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

The deputy city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Lon Brorson on behalf of New Vision Fiberglass, Inc. for final approval of an ordinance to amend the Zoning Map to exclude from A-2 (Agricultural Reserve) District and to include within the B-3 (General Business) District all of Lot 9, Block 2, Sunny Nodak Farms Addition, Grand Forks, North Dakota (located in the southwest corner of the intersection of Gateway Drive (U.S. Highway No. 2 West and North 62nd Street), and recommended final approval and passage of the ordinance amending the zoning map.

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

Upon call for the question of adoption of the 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. Mayor Owens declared the motion carried; and that final action on the ordinance would be taken on July 6, 1998.

REPORTS OF OFFICERS

The deputy city auditor presented and read the auditor's investment report for period ending May 31, 1998. It was moved by Council Member Sande and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-10, dated June 15, 1998, and totaling $3,204,196.95, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Beyer and seconded by Council Member Sande that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call 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. Mayor Owens declared the motion carried and the bills ordered paid.

ACCEPT BID FOR WIDE AREA NETWORK

Committee No. 1, Finance, reported having considered the matter of wide area network bid summary, and recommended to accept the bid from Insight Technologies for $144,014.94 for the wide area network, and accept the bid of Insight Technologies for the mail and file servers at prices not to exceed $23,482 for the file server and $13,523 for the mail server.

It was moved by Council Member Bakken and seconded by Council Member Babinchak 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. Mayor Owens declared the motion carried.

AUTHORIZE PURCHASE OF CHAIRS FOR CIVIC
AUDITORIUM AND AMEND BUDGET

Committee No. 1, Finance, reported having considered the matter of authorization to purchase chairs for civic auditorium and budget amendment, and recommended to approve purchase of chairs subject to city attorney approval on bidding requirements, and to approve budget.

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

Council Member Carpenter noted this matter had been approved subject to approval by the city attorney. Mr. Swanson reported that the item requires action by this body to determine whether or not the purchase of additional chairs for the auditorium should be bid, the proposal is well in excess of $10,000 for acquisition of chairs, there is some law that would allow bids to be waived on a sole source basis if there is a factual reason why they need to be on a sole source, and that's not an item he feels he is in a position to make a final determination of, is a discretionary item for this body to decide and is his recommendation that you consider bidding on the items unless you find that there are specific compelling reasons why the bid should be waived. He stated the presumption in a situation where the City is acquiring equipment or furnishings of this nature is that they should be bid.

Council Member Hafner moved an amendment to the motion to single source based on the fact that there's only one source for the chairs (stacking ability), Council Member Hagness seconded the motion.

Mr. Swanson advised that in addition they may need to make finding that no other chair of a competing manufacturer can perform the functional equivalent either in stacking or interconnection, or need to find something more than simply that the chair that have now is manufactured by one company and only available through one company, or found functional reason for that sole source determination.
Mr. Owens, auditorium manager, reported that Krueger is only one making these chairs that stack with existing chairs.

Upon call for the question and upon voice vote the motion carried 13 votes affirmative; Council Member Hamerlik voted no.

Upon call for the question on the motion, as amended, 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. Mayor Owens declared the motion carried.

A request for budget amendment was presented for the civic auditorium in the amount of $35,664.000 to purchase the 500 additional stacking chairs for the auditorium. It was moved by Council Member Hafner and seconded by Council Member Hagness to approve the budget amendment. Carried 14 votes affirmative.

APPROVE CHANGES IN ACTIVITIES FOR ANNUAL
GREAT RED RIVER DUCK RACE ON JULY 4

Committee No. 2, Public Safety, reported having considered the matter of request for change in duck drop for Annual Great Red River Duck Race on July 4 (drop ducks from Sorlie Bridge), and recommended to approve change in duck drop from Point Bridge to Sorlie Bridge, and to grant variance to noise ordinance to 12:45 a.m.

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

APPROVE REQUEST FOR STREET DANCE AND VARIANCE
TO NOISE ORDINANCE ON JUNE 27

Committee No. 2, Public Safety reported having considered the request from The Edge to sponsor street dance in downtown on Saturday, June 27, from 8:00 p.m. to 1:00 a.m. and blocking of 200 and 300 blocks of DeMers Avenue and zero block of North 3rd Street, and recommended to approve request and grant variance to noise ordinance until 12:30 a.m.

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

REFER MATTER OF INTERSECTION CONTROL ON 24TH
AVENUE SOUTH AND SOUTH 29TH STREET BACK TO
COMMITTEE

Committee No. 2, Public Safety, reported having considered the matter of intersection control on 24th Avenue South and South 29th Street, and recommended to authorize installation of temporary four-way stop signs at this intersection.

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

Council Members Beyer and Sande asked that this matter go back to committee for further consideration.

RECEIVE AND FILE MATTER OF TRAFFIC SIGNALS
AT 28TH AVENUE SOUTH AND COLUMBIA ROAD

Committee No. 2, Public Safety, reported having considered the matter of traffic signals at 28th Avenue South and Columbia Road, and recommended to receive and file.

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

APPROVE BUDGET AMENDMENT

A request for budget amendment from Communicable Disease (Project #2028.1) in the amount of $600.00 to reflect additional revenue from Altru for Home Safe Home kits, was presented and read.

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

ACCEPT BID FOR EQUIPMENT FOR WATER TREATMENT
PLANT

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for total organic analyzer for water treatment plant, and recommended to accept bid of Shimadzu Company in the amount of $24,960.00.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE RFP FOR ARCHITECTURE/ENGINEERING
SERVICES FOR RENOVATION/ALTERATION OF
PUBLIC WORKS FACILITY, PROJECT NO. 4822

Committee No. 3, Public Service, reported having considered the matter of RFP for architectural/engineering services for public works facility, renovation and alteration, Project No. 4822, and recommended to approve RFP for architecture/engineering services for the building.

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



APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4713, DISTRICT NO.
393, STORM SEWER ON NORTH 55TH STREET

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements for various projects: Amendment No. 2, construction administration, CPS, Project 4713, District No. 393, storm sewer on North 55th Street, and recommended to approve amendment to the agreement in an amount not to exceed $36,510.00.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4804, DOWNTOWN
WATERMAIN REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements for various projects: Amendment No. 1, design engineering, Advanced Engineering, Project No. 4804, downtown watermain replacement, and recommended to approve amendment to the agreement in an amount not to exceed $79,056.00.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4498, DISTRICT NO. 555

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4498, District No. 555, paving 6th Avenue North (53rd to 55th Streets), 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 Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7560 - Resolution.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4498, DISTRICT NO. 555

The deputy city auditor presented and read the engineer's report on Paving Project No. 4498, District No. 555: Document No. 7561 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4498, DISTRICT NO. 555

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7562 - Resolution.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4795, DISTRICT NO. 556

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4795, District No. 556, paving North 53rd Street And 12th Avenue North, 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 Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7563 - Resolution.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.


ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4795, DISTRICT NO. 556

The deputy city auditor presented and read the engineer's report on Paving Project No. 4795, District No. 556: Document No. 7564 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4795, DISTRICT NO. 556

Council Member Klave introduced the following resolution of necessity, which was presented And read: Document No. 7565 - Resolution.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4801, DISTRICT NO. 557

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4801, District No. 557, paving Mighty Acres 2nd Addition, and recommended that we adopt a resolution creating the assessment district, Approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass A resolution instructing the city engineer to prepare detailed plans and 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 14 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7566 - Resolution.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4801, DISTRICT NO. 557

The deputy city auditor presented and read the engineer's report on Paving Project No. 4801, District No. 557: Document No. 7567 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4801, DISTRICT NO. 557

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7568 - Resolution.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4823, DISTRICT NO. 558

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4823, District No. 558, paving North 6th Street (Fenton to Conklin Avenue, 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 Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7569 - Resolution.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4823, DISTRICT NO. 558

The deputy city auditor presented and read the engineer's report on Paving Project No. 4823, District No. 558: Document No. 7570 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4823, DISTRICT NO. 558

Council Member Klave introduced the following resolution of necessity, which was presented And read: Document No. 7571 - Resolution.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4768, DISTRICT NO. 398

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4768, District No. 398, storm pump station 84 upgrade, 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 Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7572 - Resolution.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT
NO. 4768, DISTRICT NO. 398

The deputy city auditor presented and read the engineer's report on Sewer Project No. 4768, District No. 398: Document No. 7573 - Report.

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


ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4768,
DISTRICT NO. 398

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented And read: Document No. 7574 - Resolution.

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, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

APPROVE REVISED ENGINEER'S REPORT FOR PROJECT
NO. 4463, SEWER DISTRICT NO. 387

Committee No. 3, Public Service, reported having considered the matter of revised engineer's report for Project No. 4463, District No. 387, storm sewer on South 42nd Street (DeMers to 17th Avenue South), and recommended to receive and file the revised engineer's report.