Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 21, 1999

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, June 21, 1999 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; absent: Council Member Bouley - 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.

COUNCIL MEMBER HAMERLIK REPORTED PRESENT

PRESENTATIONS BY THE MAYOR

Mayor Owens stated that President Kendall Baker and Toby Baker will be leaving Grand Forks within the next week and stated that she wanted them to know how much we appreciated them and regret seeing them go and presented a key to the city in appreciation for his commitment and dedication to the city of Grand Forks. President Baker stated that he and Toby express their deep appreciation to the mayor and members of the city council and that he enjoyed working with them individually and collectively.

Cary Knoff who was with the City of East Grand Forks and their bus department, stated that Bob Ulland left the City of Grand Forks last August after approximately 20 years of service to the City. He stated that East Grand Forks calls this one transit system, that they receive monies from the federal government and state and that every year Minnesota recognizes two individuals and two systems throughout the state for the work they’ve done or special things that have happened, that last year he nominated Mr. Ulland and he was selected through the State of Minnesota as the transit professional of the year; and definition of that award is for the individual who has designed and implemented a specific program which demonstrates innovative concepts and effective problem solving techniques of proven value; and that on May 19 he received a letter from the Region 8 Office of Federal Transit Administration in Denver thanking Mr. Ulland for his outstanding efforts in the field of transportation and a plaque. Mayor Owens presented the plaque to Mr. Ulland, and thanked him for his service to the city.

CONGRESSIONAL ADVISORY COMMITTEE REPORT

Council Member Hafner reported that a written report from the Committee had been placed on their desks, that sales have slowed somewhat and should have another 38 closings this month. He stated they are negotiating management entity as they are not convinced they need to do this, and have extended this for thirty days.

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

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3798, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF COUNTRY VIEW SECOND RESUBDIVISION
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 Country View Second Resubdivision to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on May 17, 1999, 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 reported having considered the matter of the request from Tim Christian, managing partner, on behalf of Country Development, LLP, for final approval of a plat of Country View Second Resubdivision to the city of Grand Forks, North Dakota (located ease of Belmont road and north of Adams Drive), including several variances to the subdivision regulations as noted in the review comments, 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. The recommendation had been moved and seconded by Council Members Hafner and Polovitz.

Upon call for the question of adoption of this ordinance and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3799, AMENDING ZONING
MAP TO INCLUDE WITHIN R-2 (ONE AND TWO-FAMILY
RESIDENCE) DISTRICT, ALL OF COUNTRY VIEW SECOND
RESUBDIVISION

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 include within the R-2 (One and Two-Family Residence) District, all of the Country View Second Resubdivision to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on May 17, 1999, 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 Christian, managing partner, on behalf of Country Development, LLP for final approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the R-2 (One and Two Family Residence) District all of the Country View Second Resubdivision to the city of Grand Forks, North Dakota (located east of Belmont road and north of Adams Drive), and recommended final approval and passage of the ordinance amending the zoning map. The recommendation had been moved and seconded by Council Members Hafner and Polovitz.

Upon call for the question of adoption of this ordinance and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3800, RELATING TO MOBILE
HOME TIE-DOWN CRITERIA

An ordinance entitled “An ordinance amending Section 18-0212(9)(F) of the Grand Forks City Code relating to mobile home tie-down criteria”, which had been introduced and passed on its first reading on May 3, 1999, 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 for the public hearing. There were no comments and the public hearing was closed.

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 Manz on behalf of the Building Inspections Office for final approval of an ordinance to amend the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0212(9)(F) Mobile Home Tie-down Criteria, and recommended final approval and passage of the ordinance amending the Land Development Code. The recommendation had been moved and seconded by Council Members Hafner and Polovitz.

Upon call for the question of adoption of this ordinance and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.

HOLD MATTER OF SECOND READING OF
ORDINANCE TO ANNEX A PORTION OF BIRKHOLZ
SEVENTH ADDITION TO THE CITY OF GRAND FORKS

An ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota, the easterly 245 feet of Birkholz Seventh Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on June 7, 1999, was presented and read.

The city auditor reported that the notice to the public that this petition for annexation had been scheduled for July 6, 1999, rather than this evening and that consideration of the ordinance will be taken at that time.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

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

Urban Development Committee:
1) matter of contract(s) for purchase and removal of houses
2) matter of non-profit RFP’s for surplus property
3) matter of sale of historic homes to be removed
4) matter of amendments to Laffen contract for Corporate Center
5) matter of South 3rd Street demolition change orders
6) matter of storefronts: 28 and 31 South 3rd Street
7) matter of Mortenson change orders
8) matter of approval of engineering, design, and procurement of deactivation of temporary housing site.

REPORTS OF OFFICERS

The city auditor’s report on cash balances as of May 31, 1999, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Carpenter that this report be received and filed. Carried 13 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, May 27, 1999, that notice had been published as required and that the following appeals were heard: 1) Mark and Patrice Potratz, 2308 S. 22nd Street, request for variance to build a sunroom addition to the house, with variance approved to allow a four ft. building setback between existing garage and sunroom addition in the rear yard; 2) Paul Lais, 704 N. 5th Street, request for a variance to the residential accessory building setback requirement to build a garage, with variance approved to allow a one-foot side yard building setback to construct a detached garage; 3) Dale and Bernie Hagen, 5110 Belmont Road, request for variance to the residential accessory building size and paving setback requirements to construct a detached garage, with variance approved to allow 1,416 sq. ft. of garage and to allow the paving setback to be on the property line providing the paving slopes back onto owners property and does not drain on to neighbor’s property; 4) David and Diane Berg, 532 Cambridge, request for variance to the side and front yard setback requirements to build a deck, with continuance in order to review request denied, and with staff to proceed with a determination of the structure; 5) Tom Braaten, 723 N. 20th Street, request for variance to the impervious surface area and accessory building size requirements to build a garage, with variance to allow 1,248 sq.ft. of accessory building; 6) White Properties, dba Valley Contracting, request for variance to the landscaping and paving requirements to construct a new building, and it was approved to delay the paving and landscaping for the Ready Mix Batch Plant until the other building lots are built upon; and 7) David Thompson, 416 S. 6th Street, request for variance to the residential accessory building requirements to build a new garage, with variance approved to allow expansion of existing garage with rear yard building setback of two feet and side yard building setback of one foot.

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

APPROVE BILLS
Vendor Payment No. 99-10, dated June 21, 1999, and totaling $12,054,709.91, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Carpenter and seconded by Council Member Hamerlik 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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

SUSPEND AGENDA

Council Member Hamerlik moved to suspend the reading of the recommendations of each of the committees unless an item is pulled by an individual on the council or in the audience, or if the motion and recommendation were not in the minutes that they received in their packets. The motion was seconded by Council Member Hafner. Carried 13 votes affirmative.

Mayor Owens asked if there were any items that the council wishes to send back to committee and the following items were sent back to committee:

Council Members Babinchak and Hamerlik asked that the following items be sent back to the finance committee: 1) matter of technical corrections ordinance amending specific sections of the Civil Service Code; and 2) matter of contract for fire chief.

Council Members Glassheim and Beyer asked that the following item be sent back to the urban development committee: 1) matter of change in commercial rehab grant application for Dacotah Building.

Council Members Hafner and Klave asked that the following item be sent back to the public service committee: 1) matter of siting approval for Wastewater Lift Stations #1.

APPROVE PUBLIC WORKS DEPARTMENT RE-
STRUCTURING

Committee No. 1, Finance, reported having considered the matter of public works department restructuring, and recommended to approve the public works restructuring concept.

Committee No. 3, Public Service, reported having considered the matter of public works department restructuring, and recommended to approve concept as drafted.

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

CONSIDER MATTER OF POLICE IMPOUND LOT

Committee No. 1, Finance, reported having considered the matter of police impound lot, and recommended approval to continue to pursue the site at North 36th Street and use the proceeds of the existing building.

Committee No. 2, Public Safety, reported having considered the matter of police impound lot, and recommended to use the funds from the sale of the existing police impound property towards the new impound lot.

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

AUTHORIZE ELECTRONIC VOTING SYTEM FOR
COUNCIL CHAMBERS

Committee No. 1, Finance, reported having considered the matter of electronic voting system, and recommended that the proposal for the electronic voting system for $23,067.95 as per the quotes and bidding process be paid from cash carryover from the Civic Auditorium.

A request for transfer of funds to purchase and install an electronic voting system in the council chambers in the amount of $23,500.00 from cash carryover to general equipment in the City Hall budget was presented and read.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that these recommendations be and are hereby approved.

After some discussion and upon call for the question and upon roll call the following voted “aye”: Council Members Hamerlik, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Brooks - 9; voting “nay”: Council Members Lunak, Martinson, Polovitz, Lucke - 4.. Mayor Owens declared the motion carried

REFER MATTER OF REQUEST BY ARCHITECTURAL
PROPERTIES FOR ESTABLISHMENT OF A TAX
INCREMENT DISTRICT TO ASSIST IN THE RE-
DEVELOPMENT OF EAST SIDE OF SOUTH 3RD STREET
AND SET DATE FOR PUBLIC HEARING ON AUGUST 2

Committee No. 1, Finance, reported having considered the matter of tax exemption for Architectural Properties, and recommended that we intend to establish a tax increment district, refer to Planning and Zoning for declaration of slum and blight and set the date for the public hearing as determined by the city attorney to meet applicable legal requirements.

It was moved by Council Members 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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BIDS FOR ATV LEASE/RENTAL FOR
HEALTH DEPARTMENT

Committee No. 2, Public Service, reported having considered the matter of bids for ATV lease/rental for health department, and recommended to lease the machine from Acme Electric at $650/month for 1999, 2000, 2001 and 2002 and to enter into the lease agreement.
It was moved by Council Member Martinson and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENTS

A request for budget amendment by the Health Department in the amount of $1,095.00 to reflect Spring Food Manager Certification Class was presented and read.

A request for budget amendment by the Health Tracks in the amount of $4,887.00 to reflect expansion of the Health Tracks program was presented and read.

A request for budget amendment by the Grand Forks Police Department in the amount of $1,460.00 to reflect donations received from Carlton Nelson, ACACIA Lodge #4, Community National Bank, Vaaler Insurance, Inc., First National Bank and Bremer Bank for the GREAT Program, was presented and read.

It was moved by Council Member Martinson and seconded by Council Member Bakken that these amendments be approved. Carried 13 votes affirmative.

APPROVE INSTALLATION OF TRAFFIC SIGNS

Committee No. 2, Public Safety, reported having considered the matter of request for stop sign at entrance to Longview Fiber, and recommended to approved the installation of a stop sign.

Committee No. 2, Public Safety, reported having considered the matter of intersections of 11th Avenue South at South 36th Street and South 38th Street, and recommended to approve the installation of yield signs on South 36th and South 38th Streets at 11th Avenue South.

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

APPROVE DELAY IN SIDEWALK INSTALLATION AT
1279 BURBANK CIRCLE

Committee No. 3, Public Service, reported having considered the matter of request to delay sidewalk installation at 1279 Burbank Circle, and recommended to approve extension of sidewalk construction for a period of one year.

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

AUTHORIZE ENTERING INTO CONTRACT FOR
PROFESSIONAL SERVICES TO EVALUATE PUBLIC
VS. PRIVATE OPERATIONS OF WASTEWATER
TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the matter of professional services to evaluate public vs. private operations on the City of Grand Forks’ wastewater treatment plant, City Project No. 5014, and recommended to authorize entering into a contract with Malcolm Pirnie, Inc. for professional services to evaluate public vs. private operations of the City’s wastewater treatment plat at a cost of not to exceed $98,466.00.

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

Charles Grotte, Asst. City Engineer, stated that basically under the first phase of the study, the consultants will do a comparison of what it would cost the City to run the plant, to determine staffing, purchase materials, chemicals, etc. and do a model at how a private contractor would operate the plant. He stated the second part is to write specifications for the vendors to bid, receive bids and evaluate the contractors and work through the award of the contract. It was noted that information in the study would be beneficial even if they decide that privatization is not good.

There was discussion as to the cost of the project, $100,000 consulting study and additional cost of approx. $200,000 to go ahead and write the plans and specs, contact vendors, and whether it was necessary or can get the same information and make the decision without spending this much money; and whether it would be less expensive to privatize and operate with a private management company. It was also noted that the question of privatization has come up many times, and this gives us the opportunity to investigate and find out whether or not it will work, that it doesn’t affect current jobs and will also help us to determine what kind of personnel and operating procedures will be needed to run this plant; and that part of this process came from staff as an opportunity to investigate it.

Upon roll call the following voted “aye”: Council Members Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Brooks - 8; voting “nay”: Council Members Lunak Martinson, Polovitz, Lucke, Hamerlik - 5. Mayor Owens declared the motion carried.

ADOPT RESOLUTION CREATING SPECIAL ASSESS-
MENT DISTRICT, PROJECT NO. 4704, FLOOD PROTECTION
DISTRICT NO.14

Committee No. 3, Public Service, reported having considered the matter of special assessment district No. 14 for permanent flood protection, Project No. 4704, 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 that we declare intent to sell bonds to finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7800 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.
ACCEPT ENGINEER’S REPORT, FLOOD PROTECTION
PROJECT NO. 4704, DISTRICT NO. 14

The city auditor presented and read the engineer’s report on Flood Protection Project No. 4704, District No.14: Document No. 7801 - Report.

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

ACCEPT LOW BID FOR COVER MATERIAL AT
LANDFILL

Committee No. 3, Public Service, reported having considered the matter of bids for cover material at landfill, and recommended to accept the low bid of Robinson Excavating in the amount of $2.98/yd. for approx. 15,000 yds. for total est. cost of $44,700.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE PURCHASE OF TRUCK BOX FOR
SANITATION DEPRTMENT

Committee No. 3, Public Service, reported having considered the matter of price quote for truck box, and recommended to authorize purchase of the truck box from Reiter Industries, Inc. in the amount of $8,854.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

DECLARE SANITATION DEPARTMENT CRANE AS
SURPLUS

Committee No. 3, Public Service, reported having considered the matter of surplus crane, and recommended to declare the equipment as savage and sell for scrap iron.

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

APPROVE BUDGET AMENDMENT

A request for budget amendment from the engineering department to transfer funds in the amount of $1,500.00 to cover cost to acquire 1991 Chevy Lumina for cable locator, was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke that this amendment be and is hereby approved. Carried 13 votes affirmative.
APPROVE THREE-WAY AGREEMENT FOR PROJECT
AT 32ND AVENUE SOUTH AND RR CROSSING

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for railroad crossing on 32nd Avenue South west of Longview Addition, and recommended to enter into a three-way agreement for the 32nd Avenue South RR crossing project contingent upon conditions presented in the traffic engineer’s letter.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE THREE-WAY AGREEMENTS FOR PROJECTS
NOS. 5038, 5039 AND 5040 IN COUNTRY VIEW 2ND
ADDITION

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for Projects Nos. 5038, 5039 and 5040, utilities in Country View 2nd Addition, and recommended to enter into a three-way agreement with the developer and contractor for installation of utilities.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 19A TO ENGINEERING
SERVICES FOR PAVING PROJECT NO. 4886

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 19A, staking services, for Project No. 4886, paving South Columbia Road from 47th to 62nd Avenues South, and recommended to approve amendment to the engineering services agreement with Greater Forks Engineering Group in the amount of $6,000, CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO. 23 TO ENGINEERING
SERVICES AGREEMENT FOR VARIOUS PROJECTS

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements as follows: Amendment No. 23, construction administration, GFEG, for various south end development projects (CDBG): Project No. 4849, Pump Station #40; Project No. 4853, Sanitary Forcemain for Pump Station #40; Project No. 4923, watermain on 47th Avenue South from Washington Street to Belmont road; Project No. 4904, sanitary sewer on 47th Avenue South from Cherry to 11th Street; Project No. 4957, sanitary sewer on South 42nd Street from 17th to 29th Avenues South; Project No. 4926, sanitary sewer on 55th Avenue South from Washington Street to Pump Station #39 and on 36th Avenue South and South 26th Street; and Project No. 4927, sanitary sewer on 55th Avenue South from Columbia Road to Pump Station #40; and recommended to approve amendment to the engineering services agreement with Greater Forks Engineering Group in the amount of $8,800.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4880

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 24, design, GFEG, Project No. 4880, watermain on South 20th Street from 47th to 51st Avenue South (CDBG), and recommended to approve amendment to the engineering services agreement with Greater Forks Engineering Group for final design, bidding and limited construction phase services at an hourly rate not to exceed $8,276.00.

It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, SEWER PROJECT NO. 4582, DISTRICT NO. 380

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4582, District No. 380, storm sewer on 16th Avenue North west of North 42nd Street, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7802 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, 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. 4582, DISTRICT NO. 380

The city auditor presented and read the engineer’s report on Sewer Project No. 4582, District No. 380: Document No. 7803 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4582,
DISTRICT NO. 380

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7804 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, PAVING PROJECT NO. 4930, DISTRICT NO. 571

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4930, District No. 571, pave alley in the 100 block between North 3rd and North 4th 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 finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7805 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 4930, DISTRICT NO. 571

The city auditor presented and read the engineer’s report on Paving Project No. 4930, District No. 571: Document No. 7806 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
PROJECT NO. 4930, DISTRICT NO. 571
Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7806.1 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried
and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, SEWER PROJECT NO. 4915, DISTRICT NO. 408

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Sewer Project No. 4915, District No. 408, sanitary sewer on 17th Avenue North from 52nd to 48th Street, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7807 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, 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. 4915, DISTRICT NO. 408

The city auditor presented and read the engineer’s report on Sewer Project No. 4915, District No. 408: Document No. 7808 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4915,
DISTRICT NO. 408

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7809 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 13 votes affirmative.
ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, WATERMAIN PROJECT NO. 4916,
DISTRICT NO. 270

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Watermain Project No. 4916, District No. 270, watermain on North 48th Street from Gateway Drive northward, 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 finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7810 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.

ACCEPT ENGINEER’S REPORT, WATERMAIN PROJECT
NO. 4916, DISTRICT NO. 270

The city auditor presented and read the engineer’s report on Watermain Project No. 4916, District No. 270: Document No. 7811 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 4916,
DISTRICT NO. 270

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7812 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4915, SEWER DISTRICT NO. 408