Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, July 6, 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, July 6, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 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.
APPROVE MINUTES MAY 4, 1998
Typewritten copies of the minutes of the council meeting of the city council held on Monday, May 4, 1998, were presented and read. It was moved by Council Member Klave and seconded by Council Member Lunak that these minutes be approved as read. Carried 14 votes affirmative.
ADOPT ORDINANCE NO. 3716, 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 and passed on its first reading on May 18, 1998 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.
Mayor Owens called 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 the ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
SUSPEND AGENDA AND CONSIDER ITEM RE. METROPOLITAN
LONG-RANGE TRANSPORTATION PLAN UPDATE
It was moved by Council Member Carpenter and seconded by Council Member Polovitz to suspend the rules and consider item 31 on the agenda, matter of Metropolitan Long-Range Transportation Plan update. Carried 14 votes affirmative.
Council Member Carpenter stated that because of dramatically divergent opinions of the Grand Forks and East Grand Forks sides, he believes it would be appropriate to allow a cooling off period on this and allow some further discussions to occur between the state level as well as the local level so that the leader-ship in the communities can work jointly together and moved to table consideration of this item. Council Member Hamerlik seconded the motion.
Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Bouley, Glassheim,
Carpenter, Beyer, Babinchak, Hafner - 8; voting "nay": Council Members Polovitz, Lucke, Lunak, Klave, Bakken, Martinson - 6. Mayor Owens declared the matter tabled.
ADOPT ORDINANCE NO. 3717, TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE 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 County, North Dakota", which had been introduced and passed on its first reading on May 18, 1998 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.
Mayor Owens called 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 the ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3718, TO AMEND THE ZONING
MAP TO INCLUDE WITHIN COLUMBIA PARK SOUTH PUD,
CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL
OF COLUMBIA 21ST AND 25TH ADDITIONS, 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 and passed on its first reading on May 18, 1998, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.
Mayor Owens called 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 the ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
TABLE ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN SOUTHERN ESTATES PUD, CONCEPT DEVELOPMENT
PLAN, THE SOUTH ONE-HALF OF NORTHWEST QUARTER,
SOUTHWEST QUARTER AND WEST ONE-HALF OF SOUTHEAST
QUARTER OF SECTION 21, TOWNSHIP 151 NORTH, RANGE
50 WEST OF 5TH PRINCIPAL MERIDIAN TO AUGUST 17, 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 and passed on its first reading on May 18, 1998, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.
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 Planning and Zoning Commission reported having 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 South-east Quarter of Section 21, 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 tabling and postponing the hearing until August 17, 1998.
It was moved by Council Member Polovitz and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
ADOPT ORDINANCE NO. 3719, TO AMEND STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE 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 and passed on its first reading on May 18, 1998, and upon which public hearing was continued until this evening, was presented and read for consideration on second reading and final passage.
Mayor Owens 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 the ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3720, 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 its first reading on May 18, 1998, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.
Mayor Owens called 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 the ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3721, AMENDING 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 public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.
Mayor Owens 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 the ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
TABLE SECOND READING OF ORDINANCE TO CONVEY
SURPLUS PROPERTY TO NON-PROFIT ORGANIZATIONS
TO JULY 20, 1998
An ordinance entitled "An ordinance amending Section 2-0402(5) of the Grand Forks City Code relating to the sale of city property", which had been introduced and passed on its first reading on June 1, 1998, was presented and read for consideration on second reading.
Mr. Swanson reported that the intent of the ordinance is to allow the conveyance of both real and personal property to persons, organizations or entities involved in historical or architectural preservation.
It was moved by Council Member Hamerlik and seconded by Council Member Glassheim to table the second reading of the ordinance to July 20, 1998. Carried 14 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND THE LAND DEVELOPMENT
CODE RE. OFF-STREET PARKING AND LOADING, AS IT
RELATES TO STALL WIDTHS AND DEPTHS TO JULY 20
An ordinance entitled "An ordinance to amend the Land Development Code, Article 3 (Rules and Regulations, Section 18-0302 (Off-Street parking and Loading), subsection 14 (Off-Street Parking) as it relates to stall widths and depths", which had been introduced and passed on its first reading on June 15, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration.
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 city auditor reported that the publication requirement was not met and will need to continue this public hearing to July 20, 1998. It was moved by Council Member Brooks and seconded by Council Member Babinchak that the public hearing and second reading of the ordinance be continued to July 20, 1998. Carried 14 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN SOUTH PINES PUD DISTRICT ALL THAT
PORTION OF E HALF NW QUARTER OF SECTION 27,
T151N, R50W OF 5TH P.M. TO JULY 20, 1998
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to exclude from the A-1 (Limited Development) district and the A-2 (Agricultural Reserve) District and to include within the South Pines PUD (Planned Unit Development) District, all that portion of the East Half of the Northwest Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian, more specifically descried as being bounded on the north by 47th Avenue South; on the east by Cherry Street as platted in TJ's Addition to the city of Grand Forks; bounded on the south by the south line of Lot 3, Block 1, TJ's Second Addition to the city of Grand Forks, ND, and bounded on the west by the west line of said East Half of the Northwest Quarter", which had been introduced and passed on its first reading on June 15, 1998, was presented and read for consideration on second reading of the ordinance.
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 city auditor reported that the publication requirement was not met and will need to continue this public hearing to July 20, 1998. It was moved by Council Member Beyer and seconded by Council Member Klave that the public hearing and second reading of the ordinance be continued to July 20, 1998. Carried 14 votes affirmative.
APPROVE APPLICATIONS FOR MOVING PERMITS
FOLLOWING PUBLIC HEARINGS
The city auditor reported that the notice of public hearing on the applications for moving permits by a) Larry Brandvold to move a building from 602 Maple Avenue to 1801 7th Avenue North to be used as a garage, 2) Phillip Moore to move garage from 611 Plum Avenue to 205 Cottonwood Street to be used as a garage, and 3) Tim Lamb to move building from 3601 Lynwood Circle to 515 North 4th Street as a dwelling, had been published and posted as required.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on these applications. There were none.
Committee No. 3, Public Service, reported having considered the application for moving permit by a) Larry Brandvold to move garage from 602 Maple Avenue to 1801 7th Avenue North, b) Phillip Moore to move garage from 611 Plum Avenue to 205 Cottonwood Street to be used as a garage, and 3) Tim Lamb to move building from 3601 Lynwood Circle to 515 North 4th Street to be used as a dwelling, and recommended to approve applications, subject to the public hearings.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved, and further that the applicants be and are hereby authorized to move the buildings. Carried 14 votes affirmative.
CONTINUE PUBLIC HEARING ON RESOLUTION OF
NECESSITY RE. DETERMINATION OF PROTEST ON
PROJECT NO. 4796, PARKING DISTRICT NO. 11
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Parking District No. 11, Project No. 4796, installation of a parking ramp between South 4th Street and South 5th Street and Kittson and DeMers Avenues, had expired on June 18, 1998, and that he had received several written protests.
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.
The city auditor reported that the bid date had been extended to August 11, 1998 and need to continue public hearing and extend protest period to August 13, 1998 after the bids have been received, and to continue public hearing to August 17, 1998. It was moved by Council Member Babinchak and seconded by Council Member Beyer to extend the protest period to August 13 and continue public hearing to August 17, 1998. Carried 14 votes affirmative.
REPORTS OF OFFICERS
The city auditor's financial management report on cash balances through May 31, 1998 was presented and read. It was moved by Council Member Beyer and seconded by Council Member Babinchak that this report be received and filed. Carried 14 votes affirmative.
The city auditor's report on the City's investments for period ending June 30, 1998 was presented and read. It was moved by Council Member Klave and seconded by Council Member Polovitz that this report be received and filed. Carried 14 votes affirmative.
REPORT OF BOARD OF 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, June 4, 1998, that notice had been published as required and that the following appeals were heard: 1) John and Sharon Bredemeir, 1719 2nd Avenue North, request for variance to the impervious surface area requirements to move a detached garage onto the property, with variance to allow 45% impervious surface area to move a detach garage to the property; 2) Robbie Johnson, DeMers Stor-All, 1703 DeMers Avenue, request for variance to the lot area, lot depth, impervious surface area, and rear yard setback requirements to leave an existing home on site, request to be held until next meeting, and Jerry Waletzko, made favorable comments re. granting the variance to allow the house to remain; 3) James Satrom, 1527 Cottonwood Street, request for variance to the side yard setback requirements to erect an addition to the dwelling, with variance to allow 5 ft. of side yard setback to construct an addition to the dwelling; 4) Al Petkau, J.R. Simplot Company, 2215 Bacon Road, request for variance to side yard and rear yard setback requirements to install storage tanks and distribution equipment, with variance to allow one foot of side yard setback and 5 ft. of rear yard setback to install storage tanks and distribution equipment.
It was moved by Council Member Polovitz and seconded by Council Member Brooks to receive and file the report. Carried 14 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 98-11, dated July 6, 1998, and totaling $3,053,124.44, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by Council Member Hafner and seconded by Council Member Bakken 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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.
APPROVE TEMPORARY AGREEMENT WITH CORPS OF
ENGINEERS FOR SPACE ON THIRD FLOOR OF CITY HALL
Committee No. 1, Finance, reported having considered the matter of leasing space on third floor to Corps of Engineers, and recommended that we enter into a temporary agreement with Corps of Engineers for leasing of space on third floor at $9.00 per sq. ft. for 1,000 ft., subject to approval by the city attorney as to the agreement.
It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE LEASE WITH NORTH DAKOTA HIGHWAY PATROL
Committee No. 1, Finance, reported having considered the matter of lease with North Dakota Highway Patrol for period July 1, 1998 through June 30, 1999, and recommended to approve the lease agreement.
Committee No. 2, Public Safety, reported having considered the matter of lease with North Dakota Highway Patrol for year ending June 30, 1999, and recommended to approve the lease agreement.
It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson -14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE REQUEST TO HOLD FORX FEST ON JULY 25
Committee No. 2, Public Safety, reported having considered the request from Central Business District Assn. to hold Forx Fest on riverbank area behind Chamber of Commerce on July 25, and recommended to approve permission and grant variance to the noise ordinance until 12:30 a.m.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 14 votes affirmative.
CONSIDER MATTER OF TRAFFIC CONTROL AT INTER-
SECTION OF 14TH AVENUE SOUTH AND SOUTH 11TH
STREET
Committee No. 2, Public Safety, reported having considered the request for traffic control at intersection of 14th Avenue South and South 11th Street, and recommended to take some temporary measure to control that possible hazard existing.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE GRANT AGREEMENTS FOR HEALTH DEPARTMENT
Committee No. 2, Public Safety, reported having considered the matter of grant agreements for health department: Maternal Child Health Grant Agreement for period July 1, 1998 through June 30, 1999, $75,532.00, and recommended to approve the grant agreement contingent upon review and approval by the city attorney.
Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health department: Tobacco Prevention and Control Grant Agreement for period July 1, 1998 through June 30, 1999, $20,000, and recommended to approve the grant agreement contingent upon review and approval by the city attorney.
Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health department: Children's Services Coordinating Committee for period July 1, 1998 through June 30, 1999, $7,930.00, and recommended to approve the grant agreement contingent upon review and approval by the city attorney.
Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health department: Children's Services Coordinating Committee, $13,967.00 for period July 1, 1998 through June 30, 1999, and recommended to approve the grant agreement contingent upon review and approval by the city attorney.
Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health
department: Occupational Health Nurse for 1998/99, $56,000.00, and Local Health Services for 1998/99, $40,178.00, and recommended to approve grant agreements, contingent upon final approval of the city attorney and the mayor's signature.
It was moved by Council Member Bouley and seconded by Council Member Martinson that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson -14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE BUDGET AMENDMENTS
A request for budget amendment for the health department (Tobacco Grant, Proj. 2030 1) in the amount of $7,936.00 to reflect grant agreement was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson to approve the budget amendment. Carried 14 votes affirmative.
A request for budget amendment for the health department (Communicable Disease, Proj. #2029 1) in the amount of $13,967.00 to reflect grant was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson to approve the budget amendment. Carried 14 votes affirmative.
A request for budget amendment for the police department in the amount of $8,000.00 to reflect revenues from the Narcotics Task Force Grant for 1998 was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson to approve the budget amendment. Carried 14 votes affirmative.
A request for budget amendment for the police department in the amount of $1,150.00 to reflect contribution from Borrowed Bucks for bicycle purchase was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson to approve the budget amendment. Carried 14 votes affirmative.
APPROVE REQUEST TO HOLD GRAND PASTA PARTY
ON THE PRAIRIE ON AUGUST 22
Committee No. 2, Public Safety, reported having considered the matter of request to hold Grand Pasta Party on the Prairie and variance to the noise ordinance on August 22, 1998, and recommended to approve variance to the noise ordinance until 12:30 a.m.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 14 votes affirmative.
DECLARE CERTAIN EQUIPMENT IN SOLID WASTE
MANAGEMENT DEPARTMENT AS SURPLUS
Committee No. 3, Public Service, reported having considered the matter of surplus equipment by Solid Waste Management (1965 American crane and 1997 Chev. single-axle truck chassis), and recommended that this property be declared surplus and to advertise for sale.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.
REFER REQUEST FOR FINANCIAL SUPPORT FOR
RECYCLING EDUCATION PROGRAM BACK TO COMMITTEE
Committee No. 3, Public Service, reported having considered the matter of request for financial support for recycling education program, and recommended to authorize $22,134.00 for the program, contingent upon school district giving approval to do the program, and contingent upon receipt of the Bremer grant funds.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved.
Council Members Hafner and Klave asked that this matter be sent back to committee for further consideration.
AUTHORIZE STAFF TO DO RFP FOR ENGINEERING
SERVICES TO REPLACE OUTDOOR SIREN ALERT SYSTEM
Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services to replace outdoor siren alert system, and recommended to authorize staff to do RFP for engineering services for the warning system, and that engineering services would apply CDBG money if project approved.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE ROADWAY AND UTILITY EASEMENTS
Committee No. 3, Public Service, reported having considered the matter of roadway and utility easement for Lift Station #38 and Forcemain Project No. 4439, located at 40th Avenue South between South Columbia road and Ruemmele Road, for and in consideration of the sum of $1.00, Perkins & Parker, grantor, and recommended to approve easements and authorize proper City officials to execute the documents.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Committee No. 3, Public Service, reported having considered the matter of temporary construction easement for Sanitary Sewer Project 4519, for installation of sanitary sewer located at Cherry Street, south of 47th Avenue South, for and in consideration of the sum of $250.00 and other good and valuable considerations, Grand Forks Christian School, grantor, and recommended to approve easements and authorize proper City officials to execute the documents.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE BUDGET AMENDMENT
A request for budget amendment for the Public Works Department in the amount of $15,480 for implementing one-call system was presented and read. It was moved by Council Member Klave and seconded by Council Member Lunak that this amendment be and is hereby approved. Carried 14 votes affirmative.
AUTHORIZE ENTERING INTO AGREEMENT WITH PROPERTY
OWNERS AT APPRAISED FIGURES, PROJECT NO. 4669.3,
SOUTHEND DRAINWAY PHASE 2B
Committee No. 3, Public Service, reported having considered the matter of property acquisition for Project No. 4669.3 Southend Drainway Phase 2B, and recommended authorization to enter into agreement with land owners at appraised figures.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson -14; voting "nay": none. Mayor Owens declared the motion carried.
SELECT ENGINEERING CONSULTANT FOR PROJECT
NO. 4806, PAVING MILL ROAD, AND AUTHORIZE
NEGOTIATION OF THE ENGINEERING FEES
Committee No. 3, Public Service, reported having considered the matter of consultant selection of request for proposals for various projects: a) Project No. 4806, pave Mill Road from Gateway to Highway 81, and recommended to select proposal from KBM, Inc. and authorize entering into negotiations on the project.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.
SELECT ENGINEERING CONSULTANT FOR PROJECT
NO. 4807, PAVING SOUTH WASHINGTON STREET, AND
AUTHORIZE NEGOTIATION OF ENGINEERING FEES
Committee No. 3, Public Service, reported having considered the matter of consultant selection for request for proposals for various projects: Project No. 4807, pave South Washington Street from 40th to 47th Avenue South, and recommended to select proposal from KBM, Inc. and authorize entering into negotiations on the project.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE ENGINEERING AGREEMENT FOR PROJECT
NO. 4807, DESIGN FOR PAVING PORTION OF
SOUTH WASHINGTON STREET
Committee No. 3, Public Service, reported having considered the matter of design engineering agreement for Project No. 4807, paving South Washington Street with KBM, Inc., and recommended to approve agreement in the amount of $151,585.94, contingent upon engineering and city attorney's final review.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson -14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECTS NOS. 4838 AND 4837,
SEWER AND WATERMAIN TO NEW MIDDLE SCHOOL
Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements for various projects, Amendment No. 3, design engineering, CPS, Projects 4838 and 4837, sanitary sewer and watermain to New Middle School on South 20th Street from 40th to 47th Avenues South, and recommended to approve Amendment No. 3, to the agreement in an amount not to exceed $31,300.00, contingent upon final review by city staff, and further that the project be allocated for CDBG funding for any shortfalls that DSR does not cover.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson -14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4719
Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement for various projects: Amendment No. 1, Webster, Foster & Weston, Project No. 4719, restore sanitary and storm sewer in Area 2, and recommended to approve Amendment no. 1 to the agreement in an amount of $100,000, and further that the project be allocated for CDBG funding for any shortfalls that DSR does not cover.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson -14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4655.014
Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreements for various projects: Amendment No. 2, Advanced Engineering, Project No. 4655.014, flood damaged assessment of street infrastructure, and recommended to approve the Amendment No. 2 to the agreement in an amount of $1,000, and project be allocated for CDBG funding.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson -14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE TWO-WAY AGREEMENT WITH GRAND FORKS
SCHOOL DISTRICT FOR PROJECT NO. 4800
Committee No. 3, Public Service, reported having considered the matter of two-way agreement for Project 4800, paving alley behind West School, and recommended to authorize entering into the two-way agreement with the Grand Forks School District.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson -14; voting "nay": none. Mayor Owens declared the motion carried.
ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4225.2, DISTRICT NO. 560
Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4225.2, District No. 560, paving South Washington Street from 32nd to 40th Avenues South, and recommended to adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements; And to refer this matter to the tri-chairs for review with strong recommendation that an alternate source of funding be found for the project, ie., CDBG funding.
It was moved by Council Member Klave and seconded by Council Member Lunak 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. 7576 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lunak that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.
ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4225.2, DISTRICT NO. 560
The city auditor presented and read the engineer's report on Paving Project No. 4225.2, District No. 560: Document No. 7577 - Report.
It was moved by Council Member Klave and seconded by Council Member Lunak that this report be and is hereby approved. Carried 14 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 4225.2, DISTRICT NO. 560
Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7578 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lunak that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS, AND ADVERTISEMENT FOR BIDS, PAVING PROJECT
NO. 4498, DISTRICT NO. 555
The city engineer's estimate of total cost of the construction of paving on 6th Avenue North from North 53rd to North 55th Street 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. 4498, District No. 555, paving 6th Avenue North from North 53rd to North 55th Streets, and recommended that we pass a resolution approving the plans and specifications for this construction and further hat the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7579 - Resolution.
It was moved by Council Member Klave 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. 4790, COMPOST COLLECTION SITES