Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, July 20, 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, July 20, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Lucke, Hamerlik, Bouley, Lunak, Beyer, Babinchak, Bakken, Martinson - 9; absent: Council Member Klave - 1.

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.

Mayor Owens stated they would hold the meeting for several minutes as Flood Response Committee is still meeting.

ADOPT ORDINANCE NO. 3722, RELATING TO THE
SALE OF CITY PROPERTY

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 and final passage.

Howard Swanson, city attorney, reported that the ordinance was brought forward after a request by the Grand Forks Historical Commission in an attempt to salvage architecturally significant features of certain homes that had been purchased by the City and demolished and also fits into what may or may not come to fruition as to the rehabilitation or preservation of historic homes. He stated that the ordinance as it is drafted is not as broad as the title on the agenda says, it is limited to those non-profit entities with a purpose that deals with historical preservation resurrection, etc.

COUNCIL MEMBERS POLOVITZ, GLASSHEIM, CARPENTER
AND HAFNER REPORTED PRESENT

Mayor Owens asked if there was anyone in the audience 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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3723, TO AMEND LAND
DEVELOPMENT CODE, OFF-STREET PARKING AND LOADING,
AS IT RELATES TO STALL WIDTHS AND DEPTHS

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 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 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 city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Johnson Laffen Architects on behalf of the Grand Forks Corporate Center Development for final approval of 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, and recommended final approval and passage of the ordinance amending the Land Development Code.

The recommendation had been moved and seconded by Council Members Polovitz and Brooks. Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3724, AMENDING ZONING MAP
TO INCLUDE WITHIN SOUTH PINES PUD ALL THAT
PORTION OF EAST HALF OF NW QUARTER OF SECTION 27,
T51N, R50W OF 5TH PRINCIPAL MERIDIAN

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 described 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 by 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, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Tim Crary on behalf of Crary Development and Grand Forks Christian School for final approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) and the A-2 (Agricultural Reserve) Districts and to include within the South Pines PUD (Planned Unit Development) District, Concept Development Plan, 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 described 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 (located between 47th Avenue South and the Southend Drainway west of Cherry Street), 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 Members Polovitz and Brooks that this recommendation be approved. Carried 13 votes affirmative.

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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the ordinance adopted.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE GARAGE TO 1412 NORTH 2ND STREET

The city auditor reported that the notice of public hearing on the application for moving permit by Corey and Jennifer Boushee to move garage to 1412 North 2nd Street 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 the application. There were none.

It was moved by Council Member Beyer and seconded by Council Member Glassheim to declare an insufficiency of protest. Carried 13 votes affirmative.

Committee No. 3, Public Service, reported having considered the application from Corey and Jennifer Boushee to move garage to 1412 North 2nd Street, and recommended to approve application contingent upon the public hearing.

It was moved by Council Member Lucke 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 building. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 4522, DISTRICT NO. 554

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 4522, District No. 554, construction of pavement on Cherry Street from 47th Avenue South to Southend Drainway, had expired on July 16, 1998, and that he had received no 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 none.

Council Member Martinson introduced the following resolution as to protests which was presented and read: Document No. 7589 - Resolution.

It was moved by Council Member Martinson and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest against Paving District No. 554, Project No. 4522, as no protests were filed, and further that the resolution e and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, PAVING PROJECT NO.
4522, DISTRICT NO. 554

The city auditor presented and read tabulation of bids which had been received and opened on Monday, July 13, 1998 for Paving Project No. 4522, District No. 554, paving on Cherry Street from 47th Avenue South to Southend Drainway, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $242,852.08: Document No. 7590 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project no. 4522, District No. 554, in the amount of
$ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4522, District No. 554, paving Cherry Street from 47th Avenue South to Southend Drainway, and recommended to accept the low bid of Valley Contracting in the amount of $242,852.08.

It was moved by Council Member Lunak and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Lunak introduced the following resolution which was presented and read: Document No. 7591 - Resolution.

It was moved by Council Member Lunak and seconded by Council Member Lucke that this resolution awarding the contract for Paving Project No. 4522, District No. 554, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 4825, DISTRICT NO. 559

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 4825, District No. 559, construction of pavement on 47th Avenue South from Cherry Street to South Washington Street, had expired on July 16, 1998, and that he had received one written protest from Dean Curran, 3503 Belmont Road, and that the calculation of the protest amounted to 6.56% of the area to be assessed, and does not qualify as enough to be sufficient for protest.

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

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 7592 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Paving District No. 559, Project No. 4825, as only one protest was filed which amounted to 6.56% of the area, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, PAVING PROJECT NO.
4825, DISTRICT NO. 559

The city auditor presented and read tabulation of which had been received and opened on Monday, July 20, 1998 for Paving Project No. 4825, District No. 559, paving on 47th Avenue South from Cherry Street to South Washington Street, indicating that Nodak Contracting was the low bidder based upon their bid in the amount of $78,825.20: Document No. 7593 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4825, District No. 559, in the amount of
$ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4825, District No. 559, paving 47th Avenue south from Cherry Street to South Washington Street, and recommended to accept the low bid of Nodak Contracting in the amount of $78,825.20.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7594 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 4825, District No. 559, to Nodak Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Babinchak and seconded by Council Member Beyer that the consent agenda items be referred to committee as noted for their consideration. Carried 13 votes affirmative.

The matter of reinstatement of suspended ordinances, Ordinance No. 3644 which suspended certain sections of City Code following the flood emergency, was referred to all standing committees of the council.
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 25, 1998, that notice had been published as required and that the following appeals were heard: 1) Jennifer and Corey Boushee, 1412 North 2nd Street, request for variance to residential accessory building requirements to move an accessory building onto the property, with variance approved to allow 2 feet of side yard setback and 9 ft. between the accessory building and house to move a detached garage to the property; 2) Robbie Johnson on behalf of 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 house on site, request for variance was approved to allow the lot area and rear yard setback as shown on the submitted site plan in order for the existing house to remain on the property, with two off-street parking spots retained for use of the dwelling; 3) William Crow on behalf of First Presbyterian Church, 5555 South Washington Street, request for variance to the landscaping parking lots, paving, and landscaping Appendix B caliper size requirements to erect a new church, request to delay for a period of five years the installation of curb and gutter and the paving of a portion of the parking lot, and to allow two inch caliber trees to construct a new church was approved.

It was moved by Council Member Beyer and seconded by Council Member Brooks to receive and file the report. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 98-12, dated July 20, 1998, and totaling 5,391,382.71, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Bouley 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

MATTER OF COUNTY BOARD OF EQUALIZATION'S
INTENT TO REDUCE ASSESSOR'S VALUES 1998 VALUES

Committee No. 1, Finance, reported having considered the matter of County Board of Equalization's intent to reduce assessor's 1998 value on a) 1306 South 11th Street, James and Shelley Olson, and recommended approval in reduction in assessed value of property from $93,400 to $81,200.

Committee No. 1, Finance, reported having considered the matter of County Board of Equalization's
intent to reduce assessor's 1998 value on b) 603 3rd Avenue South, Kay Thompson, and recommended to approve reduction in assessed value from $37,100 to $35,600.

Committee No. 1, Finance, reported having considered the matter of County Board of Equalization's intent to reduce assessor's 1998 value on c) 1422 4th Avenue North, Kay Thompson, and recommended to approve reduction in assessed value from $25,600 to $22,600.

Committee No. 1, Finance, reported having considered the matter of County Board of Equalization's intent to reduce assessor's 1998 value on d) 2030 32nd Avenue South, Grand Forks Glass & Paint, G.E. Satrom, and recommended to receive and file.

It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that these recommendations be and are hereby approved. Carried 13 votes affirmative.

APPROVE EXTENSION OF AUDIT TO BRADY MARTZ
& ASSOCIATES FOR ONE YEAR

Committee No. 1, Finance, reported having considered the matter of option to extend agreement for CAFR for 1998, and recommended that we extend the audit for one more year to Brady Martz & Associates for the year 1998.

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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE JOINT POWERS AGREEMENT WITH SCHOOL
DISTRICT RE. SPECIAL ASSESSMENTS

Committee No. 1, Finance, reported having considered the matter of joint powers agreement with School District re. special assessments, and recommended adoption and authorize proper City officials to sign 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 vote, the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

DETERMINE THAT POSITION OF MUNICIPAL JUDGE
NOT BE QUALIFIED FOR BENEFITS

Committee No. 1, Finance, reported having considered the matter of benefits for municipal judge, and recommended that the municipal judge position not be qualified for benefits.

It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE BUDGET AMENDMENT

A request from the finance department to amend their budget in the amount of $7,650.00 for office remodel digital camera and staff training, was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this budget amendment be approved. Carried 13 votes affirmative.

APPROVE AND ACCEPT 1997 FINANCIAL AUDIT

Committee No. 1, Finance, reported having considered the matter of 1997 financial audit, and recommended to approve and accept the annual financial report and to approve payment of the audit fees subject to State Auditing Office's finding an acceptable report.

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

Council Member Lucke asked that copies of the management letter be sent to all council members.

Upon call for the question of adoption of the motion and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

CONSIDER MATTER OF INTERSECTION CONTROL ON
24TH AVENUE SOUTH AND SOUTH 29TH STREET

Committee No. 2, Public Safety, reported having considered the matter of inter-section control on 24th Avenue South and South 29th Street, and recommended to install "right turn only" sign coming out of the Best parking lot, install "no U-turn" sign for westbound traffic, that staff continue to research and negotiate with property owners, and further to look at condition of that parking lot.

It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE GRANT AGREEMENTS FOR HEALTH DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of grant agreements for health department: a) Women's Way Cancer Prevention grant agreement, $34,502, for period July 1, 1998 through June 30, 1999, and recommended to approve pending review and approval by the city attorney.

Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health department for TB Screening Services, $11,482 for period July 1, 1998 through June 30, 1999, and recommended to approve grant agreement subject to review and approval of city attorney.

Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health department for Care Coordination, $24,210 for period July 1, 1998 through June 30, 1999, and recommended to approve grant agreements subject to review and approval of city attorney.
Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health department for HIV/AIDS Testing, $12,000 for period July 1, 1998 through June 30, 1999, and recommended to approve grant agreement subject to review and approval of city attorney.

Committee No. 2, Public Safety, reported having considered the matter of grant agreement for health department for Ryan White grant agreement, $6,000 for period July 1, 1998 through June 30, 1999, and recommended to approve grant agreement subject to review and approval of city attorney.

It was moved by Council Member Martinson and seconded by Council Member Bouley 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motions carried.

REFER MATTER OF PORTABLE RADIOS FOR POLICE
DEPARTMENT BACK TO COMMITTEE

Committee No. 2, Public Safety, reported having considered the matter of purchase of portable radios for the police department, and recommended to declare an emergency as number of functional radios not available, and to authorize purchase of the 10 Visar radios from Stone's Radio in the amount of $15,263.50.

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

Council Members Bakken and Martinson asked that this matter be referred back to committee for further consideration.

AUTHORIZE ENTERING INTO AGREEMENT WITH NEW
VISION FIBERGLASS TO CONNECT TO CITY WATERMAIN

Committee No. 3, Public Service, reported having considered the request from New Vision Fiberglass, 6105 Gateway Drive, to connect to City watermain, and recommended to authorize entering into an agreement to allow New Vision to hookup to the city main for term of no less than six months and no later than five years.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motions carried.

APPROVE REQUEST FOR FINANCIAL SUPPORT
FOR RECYCLING EDUCATIONAL PROGRAM

Committee No. 3, Public Service, reported having considered the matter of request for financial support for recycling educational 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 Bremer grant funds.
It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motions carried.

ACCEPT BID FOR TRAFFIC PAINT

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for traffic paint, and recommended to accept the low bid of Peterson Paint Supply, Inc. in the amount of $9,062.90 for white traffic paint and $7,901.95 for yellow traffic paint, for a total bid of $16,964.85 in 55-gal. drums, contingent upon meeting testing.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE REPLACEMENT OF EMERGENCY LIGHTS AT
WATER TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of replacement of emergency lights at water treatment plant, and recommended to approve replacement of the non-flooded lights and conduit in the amount of $15,200, and to amend budget to complete the work.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE EASEMENTS AND WARRANTY DEED FOR
SOUTH JUNIOR HIGH SCHOOL, 1224 WALNUT STREET

Committee No. 3, Public Service, reported having considered the matter of warranty deed for rehabilitation of South Junior High School, 1224 Walnut Street, for and in consideration of the sum of $1.00, and other good and valuable considerations, City of Grand Forks, grantor, MDI Limited partnership #38, grantee, and recommended to declare this as surplus property and to authorize sale of the property (existing alley that runs E/W and ties the N/S alley into Cottonwood Street).

It was moved by Council Member Lucke and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE APPRAISAL REPORT FOR LANDFILL RELOCATION

Committee No. 3, Public Service, reported having considered the matter of full appraisal report for landfill relocation, located on east side of Highway 81 approximately 4 miles north of Manvel, ND, for and in consideration of $412,300.00, and other good and valuable consideration, Martha J. Hargrave, grantor, City of Grand Forks, grantee, and recommended approval of the appraisal report in the amount of $412,300.00 for Section 19, Levant Township, and authorize staff to negotiate the purchase of the land.

It was moved by Council Member Lucke and seconded by Council 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

ACCEPT LAND NEGOTIATIONS FOR PROJECT NO. 4669.3

Committee No. 3, Public Service, reported having considered the matter of update on land negotiations for Project 4669.3, Southend Drainway, Phase 2B, and recommended to accept $200/acre per year for the stockpile site, enter into lease agreement at $200/acre, and authorize execution of document for acquisition.

It was moved by Council Member Lucke and seconded by Council 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE RFP FOR SELECTION OF CONSULTING
ENGINEER FOR PROJECT NO. 4772, DAM EROSION CONTROL

Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services for Project No. 4772, Red River Dam Erosion Control and Boat Ramp, and recommended to approve RFP for selection of a consulting engineer.

It was moved by Council Member Lucke and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE RFP FOR SELECTION OF CONSULTING
ENGINEER FOR PROJECT 4824, OVERLAYING LOCAL STREETS

Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services for Project No. 4824, overlaying local streets city-wide, and recommended to approve RFP for selection of a consulting engineer.

It was moved by Council Member Lucke and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE RFP FOR SELECTION OF CONSULTING
ENGINEER FOR PROJECT 4829, PAVING NORTH 42ND STREET

Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services for Project No. 4829, paving North 42nd Street from DeMers to University Avenue, and recommended to approve RFP for selection of a consulting engineer.

It was moved by Council Member Lucke and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR IMPROVEMENTS IN PORTION OF PERKINS 4TH
ADDITION

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for utilities and paving in a portion of Perkins 4th Addition, and recommended to authorize entering into the three-way agreement.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 3 TO ENGINEERING SERVICE
AGREEMENTS FOR SOUTHEND DEVELOPMENT PROJECTS

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements with Greater Forks Engineering Group for southend development projects: Amendment No. 3 (design engineering), for Project No. 4848, Lift Station 39; Project No. 4849, Lift Station 40; Project No. 4850, Lift Station 41; Project No. 4851, forcemain from Lift Station 39 to 62nd Avenue South, along 62nd Avenue and north along Columbia; Project No. 4852, forcemain from Lift Station 41 to 62nd Avenue South, along 62nd Avenue to 11th Street; Project No. 4853, forcemain from Lift Station 40 to Columbia Road; and Project No. 4854, forcemain on Columbia Road from 17th Avenue South to 24th Avenue South; and recommended to approve Amendment No. 3 to the agreement in an amount not to exceed $281,844.25, contingent upon final review by City staff and to allocate $281,844.15 of CDBG funds for the above referenced projects; this funding is part of the $15 million southend development appropriation.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 4 TO ENGINEERING SERVICE
AGREEMENTS FOR SOUTHEND DEVELOPMENT PROJECTS

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements with Greater Forks Engineering Group for southend development projects: Amendment No. 4 (design engineering) for Project No. 4843, watermain on South Washington from 47th Avenue South to 62nd Avenue South, and recommended to approve Amendment No. 4 to the agreement in an amount not to exceed $36,750.00, contingent upon final review by city staff and to allocate $36,750.00 of CDBG funds for the above referenced project; this funding is part of the $15 million southend development appropriation.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 5 TO ENGINEERING SERVICE
AGREEMENTS FOR SOUTHEND DEVELOPMENT PROJECTS

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements with Greater Forks Engineering Group for southend development projects: Amendment No. 5 (design engineering) for Project No. 4844, storm sewer on 20th Street from 36th Avenue South to 40th Avenue South; Project No. 4845, storm sewer on 34th Street from 36th Avenue South to 40th Avenue South; and Project No. 4846, storm sewer on 40th Avenue South from Washington to southend drainway; and recommended to approve Amendment No. 5 to the agreement in an amount not to exceed $71,914.00, contingent upon final review by city staff and to allocate $71,914.00 of CDBG funds for the above referenced projects; this funding is part of the $15 million southend development appropriation.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE COST PARTICIPATION AND MAINTENANCE
AGREEMENT FOR PROJECT NO. 4655, PAVING SOUTH
WASHINGTON STREET FROM 24TH TO 34TH AVENUES SOUTH

Committee No. 3, Public Service, reported having considered the matter of Cost Participation and Maintenance Agreements for Project No. 4655, paving South Washington Street from 24th to 34th Avenues South, and recommended to enter into the agreement with the North Dakota Department of Transportation and authorize proper City officials to sign the agreements, and further that the City strongly recommend that installation of flapgates be a part of the project.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE COST PARTICIPATION AND MAINTENANCE
AGREEMENT FOR PROJECT NO. 4225.2, PAVING SOUTH
WASHINGTON FROM 34TH TO 40TH AVENUES SOUTH

Committee No. 3, Public Service, reported having considered the matter of Cost participation and Maintenance Agreement for Project No.4225.2, paving South Washington Street from 34th to 40th Avenues South, and recommended to enter into the agreement with the North Dakota Department of Transportation and authorize proper City officials to sign the agreements, and further that the City strongly recommend that installation of flapgates be a part of the project.
It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4838, DISTRICT NO. 399

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4838, District No. 399, sanitary sewer on South 20th Street from 40th to 47th 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.

It was moved by Council Member Lucke and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Lucke introduced the following resolution creating the assessment district, which was presented and read: Document No. 7595 - Resolution.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT
NO. 4838, DISTRICT NO. 399

The city auditor presented and read the engineer's report on Sewer Project No. 4838, District No. 399: Document No. 7596 - Report.

It was moved by Council Member Lucke and seconded by Council Member Lunak that this report be and is hereby approved. Carried 13 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4838, DISTRICT
NO. 399

Council Member Lucke introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7597 - Resolution.

It was moved by Council Member Lucke 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.


APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4836, STORM SEWER ON BELMONT ROAD