Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 20, 2002
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 20, 2002 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken (teleconference), Kreun, Martinson - 14; absent: none.
Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.
Mayor Brown made the following announcements:
1) Congratulations to Fine Print, Don and Joanne Kuntz, for being recognized by the Small Business Administration as the 2002 North Dakota Small Business Persons of the Year, that as part of the recognition Don and Joanne Kuntz were invited to give their testimony to the House Subcommittee on Small Business in Washington, D.C. and this is the second year that a Grand Forks company has been recognized with this award - there are symbols of hard work and strength of heart that our community is so proud of and thanked them for what they and so many others in the business sector do for our community.
2) He thanked Governor Hoeven who was here this last week to visit our city and tour our flood protection project; he is very interested in the progress we were able to show him and he continued to offer support for this project and for Grand Forks as a whole and for the greenway task force and becoming a state park by recommending how we can tap the knowledge and expertise of state officials.
3) He stated that next week is Memorial Day and in observance of Memorial Day the committee of the whole will meet on Tuesday, May 28, at 7:00 p.m.
4) Leadership meeting was held with East Grand Forks Mayor Stauss and their council president, Punky Beauchamp, our council president Hal Gershman and himself - monthly meetings will be set up with this group and correlating meetings between the two councils, and that this communication will help them stay focused on working together on matters that impact both communities.
TABLE ORDINANCE RELATING TO JUNK, ABANDONED
VEHICLES, ETC. ON PRIVATE PROPERTY
An ordinance entitled "An ordinance amending Sections 13-0701, 13-0603 and 13-0706 of the Grand Forks City Code relating to junk, abandoned vehicles, building materials, etc.", which had been introduced and passed on first reading on May 6, 2002, was presented and read for consideration on second reading.
It was moved by Council Member Gershman and seconded by Council Member Kerian to table the second reading of the ordinance until the next committee of the whole meeting. Carried 14 votes affirmative.
TABLE ORDINANCE RELATING TO OFF-STREET PARKING
AND LOADING IN RESIDENTIAL AREAS
An ordinance entitled "An ordinance amending Sections 18-0302(5) of the Grand Forks City Code relating to off-street parking and loading", which had been introduced and passed on its first reading on May 6, 2002, was presented and read for consideration on second reading.
It was moved by Council Member Gershman and seconded by Council Member Kerian to table the second reading of the ordinance until the next committee of the whole meeting. Carried 14 votes affirmative.
ADOPT ORDINANCE NO. 3924, AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF SOUTHERN ESTATES
THIRD ADDITION
An ordinance entitle "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 Southern Estates Third Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 15, 2002, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her office.
Mayor Brown called for the public hearing. There were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Southern Estates LLP for final approval of the plat of Southern Estates Third Addition to the city of Grand Forks, North Dakota (located west of South 20th Street and north of 45th Avenue South), with recommendation for final approval of the request from CPS, LTD. on behalf of Southern Estates LLP for final approval of the plat of Southern Estates Third Addition to the city of Grand Forks, North Dakota, subject to conditions shown on or attached to the review copy; recommend the city council give final approval.
It was moved by Council Member Kerian and seconded by Council Member Klave that this recommendation be approved. Carried 14 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.
ADOPT ORDINANCE NO. 3925, AMENDING ZONING MAP
TO INCLUDE WITHIN SOUTHERN ESTATES PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 2, ALL OF COLUMBIA
PARK 24TH AND 26TH ADDITIONS; ALL OF SOUTHERN ESTATES
FIRST, SECOND AND THIRD ADDITIONS, AND ALL OF UNPLATTED PORTIONS OF THE WEST HALF OF SE QUARTER AND ALL OF UNPLATTED PORTION OF SW QUARTER OF SECTION 21-151-50
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan, and to include within the Southern Estates PUD (Planned Unit Development) Concept Development Plan, Amendment No. 2, all of Columbia Park 24th and 26th Additions; all of Southern Estates First, Second, and Third Additions to the city of Grand Forks, North Dakota, and all of unplatted portions of the West Hal of the Southeast Quarter and all of the unplatted portion of the Southwest Quarter of Section 21-151-50, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 6, 2002, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her office.
Mayor Brown called for the public hearing. There were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from CPS, Ltd. on behalf of Southern Estates LLP for final approval of an ordinance to amend the zoning map to rezone and exclude from Southern Estates PUD (Planned Unit Development), Concept Development Plan and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Columbia Park 24th and 26th Additions; all of Southern Estates First, second, and Third Additions to the city of Grand Forks, North Dakota, and all of the unplatted portions of the West Hal of the Southeast Quarter and all of the unplatted portion of the Southwest Quarter of Section 21-151-50 with substantive changes lying south of and adjacent to the Southend Drainway; lying north of and adjacent to 45th Avenue South and lying east of and adjacent to South 26th Street, with recommendation for final approval of the request, subject to conditions shown on or attached to the review copy and that the city council given final approval.
It was moved by Council Member Martinson and seconded by Council Member Stevens that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.
ADOPT ORDINANCE NO. 3926, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE THE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF HEITMANN
WEG 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 plat of Heitmann Weg Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 15, 2002, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final approval.
The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her office.
Mayor Brown called for the public hearing. There were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from Adams and Heitmann for final approval of the plat of Heitmann Weg Addition to the city of Grand Forks, North Dakota, lying in the easterly 350 feet of the E l/2 of the E/12 of the NW 1/4 of Section 35, T151N, R50W of the 5th Principal Meridian (located south of 62nd Avenue SE and west of L & S 3rd Resubdivision (a.k.a. Burke's Addition), with recommendation for final approval of the request, subject to conditions shown on or attached to the review copy, and subject to further review by the Planning and Engineering Departments of the future street network in the general area of the plat; and recommend the city council give final approval.
It was moved by Council Member Klave and seconded by Council Member Kreun that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.
ADOPT ORDINANCE NO. 3927, AMENDING ZONING MAP
TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT, LOTS 4 THROUGH 8, BLOCK 2, SUNNY NODAK
FARMS ADDITION
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, to rezone and exclude from the A-2 (Agricultural Reserve) District and include within the B-3 (General Business) District, Lots 4 through 8, Block 2, Sunny Nodak Farms Addition to the city of Grand Forks", which had been introduced and passed on its first reading on April 15, 2002, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her office.
Mayor Brown called for the public hearing. There were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from Paul A. Morrison on behalf of Bible Baptist Church, Inc. for final approval of an ordinance to amend the Zoning Map to rezone from the A-2 (Agricultural Reserve) District and include within the B-3 (General Business) District, Lots 4 through 8, Block 2, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota (located at 6367 Gateway Drive), with recommendation to give final approval of the ordinance at a public hearing on May 20, 2002.
It was moved by Council Member Kerian and seconded by Council Member Brooks that this recommendation be and is hereby approved.
Council Member Bjerke asked to be excused from voting on this issue, and it was so moved by Council Members Brooks and Kerian. Carried 13 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 13 votes affirmative; Council Member Bjerke abstaining.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting "nay": none; Council Member Bjerke abstaining. Mayor Brown declared the motion carried and the ordinance adopted.
CITIZEN REQUEST TO ADDRESS COUNCIL
Mark Milligan, 5102 West Maple Avenue, stated that in light of what has been going on with the recent news about ethical standards and questions of whether the board should have an ethical code or if there should be an opinion from the Attorney General's Office and that a letter has been distributed to the council members and read the letter stating that if it takes an example from the residents/homeowners to point out to the council and mayor's office importance of ethics in government. He stated that in November 1999 he and his wife purchase a Congressional home, they found defects in the construction (one-year warranty on house), that on several occasions Grand Forks City employees (Chuck Church, Ken Arnold and Jerry Barton) were at his home along with Klave Construction who was directed by the city workers to make needed repairs on his home and other Congressional homes. He stated it would be that of the ND Attorney General that if a person is representing the City of Grand Forks, i.e., city council members not participate in projects that any city employee or city agency hires or contracts them to do, council members shouldn't even offer the services of their private companies to do such work, it is not ethical to have these kind of dual relationships. Codes of ethics warn professionals about these types of things, most people believe that council members are professionals, the City of Grand Forks does not need to open themselves up to the kind of liability that unethical practices bring; the city attorney can have an opinion but the appearance of impropriety are often as unethical as the unethical practices themselves. He stated as a taxpaying resident and a professional who answers to a code of ethics, the city council certainly needs the opinion of the Attorney General regarding conflicts of interest.
Council Member Lunak stated they went through this 2 - 3 years ago and there was no conflict then, that Klave Construction didn't receive any money from the City but from Grand Forks Homes. Mr. Milligan stated the relationship Grand Forks Homes had with Grand Forks was so close, and that the Housing Authority is part of the city of Grand Forks. Mr. Warcup, asst. city attorney, stated the City of Grand Forks has the Urban Development Office but also Grand Forks Homes which is a separate entity.
Council Member Klave stated they were hired by Grand Forks Homes, and that anything they did was done under the direction of the board of directors of Grand Forks Homes, and not done by the direction of any employee of the city.
Council Member Kerian responded to the part of the letter stating that the city attorney can certainly have an opinion, that we can all have an opinion but when the city attorney gives an opinion it is a legal opinion based on research and knowledge, and holds that in different esteem and his professional reputation is at stake in those opinions which is different from the opinion you and I may have.
After further discussion Council Member Brooks stated that last week the city attorney stated he had given a ruling on this and we all have some concepts of what is a conflict of interest and what isn't, and that we need some kind of a guideline to go by, that we have formed a task force and hopefully bring one forth and have some of the guidelines.
SUSPEND AGENDA
It was moved by Council Member Christensen and seconded by Council Member Klave to suspend the agenda to move item 5.13 Bids for City Project No. 5328, District No. 384, Linden Court paving from 10th Avenue South to 15th Avenue South to the beginning of the discussion/action items. Upon roll call the following voted "aye": Council Members Brooks, Burke, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 10; voting "nay": Council Members Bjerke, Stevens, Hamerlik, Glassheim - 4. Mayor Brown declared the motion carried.
INTRODUCE ORDINANCE TO ANNEX LOTS 1 - 15, AND
A PORTION OF LOT 16, BLOCK 1, LOTS 1 - 15 AND A
PORTION OF LOT 16, BLOCK 2, SOUTHERN ESTATES THIRD
ADDITION AND UNPLATTED PORTION OF SW-1/4 SW-1/4 OF
SECTION 20, T151N, 40W OF 5TH PM
The staff report from the Planning and Zoning Commission relating to the request from Guy Useldinger on behalf of Southern Estates LLP for approval of an ordinance to annex Lots 1 through 15 and a portion of Lot 16, Block 1, and Lots 1 through 15 and a portion of Lot 16, Block 2, Southern Estates Third Addition and an unplatted portion of the Southwest Quarter of the Southwest Quarter (SW-1/4 SW-1/4) of Section 20, T151N, R50W of the 5th PM, being a strip of land 140 feet in width lying west of and adjoining the westerly right of way line of South2 5th Street as platted in said Southern Estates Third Addition, less that portion previously annexed as Resolution No. 7777 and recorded as Document No. 564965. This property is located west of South 20th street and north of 45th Avenue South, with recommendation for preliminary approval of the ordinance and set a public hearing for July 1, 2002.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Christensen introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Lots 1 through 15 and a portion of Lot 16, Block 1; Lots 1 through 15 and a portion of Lot 165, Block 2, Southern Estates Third Addition and an unplatted portion of the Southwest Quarter of the Southwest Quarter (SW-1/4 SW-1/4) of Section 20, T151N, R50W of the 5th Principal Meridian to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
ACCEPT PETITION TO VACATE UTILITY EASEMENT
LYING SOSUTH OF AND ADJ. THE NORTH LINE OF BLOCK
1, PERKINS THIRD ADDITION AND BLOCK 1, PERKINS
FOURTH ADDITION
The staff report from the Planning and Zoning Commission relating to the petition from David J. Parker, Trustee for D.J. Parker Profit Sharing Plan and Trust, Perkins Land Company and Allan Eide for approval to vacate a 10-foot wide east-west utility easement lying south of and adjoining the north line of Block 1, Perkins Third Addition and Block 1, Perkins Fourth Addition to the city of Grand Forks, North Dakota, excluding the easterly 10 feet of said Perkins Third Addition and the westerly 10 feet of said Perkins Fourth Addition (located north of 36th Avenue South between South 31st Street and South 34th Street), with recommendation that the city council schedule a public hearing as prescribed by law and give final approval, subject to signing of the petition of the adjacent property owners.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be set for Monday, July 1, 2002. Carried 14 votes affirmative.
APPROVE FINAL PLAT OF THE REPLAT OF PERKINS
SEVENTH RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to the request from Hampton Corporation on behalf of D.J. Parker for final approval (fast track) of the Replat of Perkins Seventh Resubdivision to the city of Grand Forks, North Dakota, being a replat of all of Block 1, Perkins Third Addition and all of Block 1, Perkins Fourth Addition and including a variance to the definition of a minor subdivision as it relates to the number of lots permitted. Said Resubdivision is located north of 36th Avenue South between South 31st and South 34th Streets, with recommendation to give final approval on May 20, 2002, subject to the conditions shown on or attached to the review copy, including a variance to the definition of a minor subdivision as it relates to the number of lots permitted.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE FINAL PLAT OF THE REPLAT OF BLOCKS
17 AND 18, COX'S ADDITION
The staff report from the Planning and Zoning Commission relating to the request from the City of Grand Forks Engineering Department on behalf of the Grand Forks Park District and the Grand Forks School District for final approval of a Replat of Blocks 17 and 18, Cox's Addition, Grand Forks, North Dakota, including a variance to the definition of a minor subdivision as it relates to dedicated utility easements located between 22nd and 24th Avenue South and between Oak Street and South 10th Street, with recommendation to give the plat final approval on May 20, 2002, subject to the conditions shown on or attached to the review copy, including a variance to the definition of a minor subdivision as it relates to dedicated public utility easements.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE REQUEST FOR VARIANCE TO THE LAND
DEVELOPMENT CODE FOR THE PROPERTY AT 512 4TH
AVENUE SOUTH, SUBJECT TO APPROVAL OF ADDITIONAL
VARIANCES AND OF ALL REQUIRED BUILDING PERMITS
The staff report from the Planning and Zoning Commission relating to the request from Chris Ortega for approval of a variance to the Land Development Code, Article 9, Subdivision Regulations; Section 18-0907; Subsection (2), Rights of way; Paragraph (L) Right of Way Access; Subparagraph 3, Arterials located at the property described as the rear 60 feet of Lot 11, Block 14, Traill's Addition (512 4th Avenue South), with recommendation for approval of the variance to the Land Development Code and approval of all required building permits issued by the Building Inspections Department.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
INTRODUCE ORDINANCE RELATING TO SIGNS IN
THE CENTRAL BUSINESS DISTRICT
The staff report from the Planning Department relating to the request from the Planning Department to amend the Land Development Code for the purpose of establishing regulations governing the use of A-Frame signs, with recommendation for preliminary approval and introduction of the ordinance by the Planning and Zoning Commission; recommend the city council introduce and give preliminary approval to the attached ordinance and set a public hearing for July 1, 2002.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Christensen introduced an ordinance entitled "An ordinance enacting Sections XX-XXXX relating to signs in the Central Business District", which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE AMENDING THE ZONING MAP
TO INCLUDE WITHIN MEADOWLARK PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT
NO. 1, ALL OF BLOCKS 6, 7, 8 AND 10, ADAMS-DOBMEIER 2ND
SUBDIVISION AND LOT 1, BLOCK 1, ADAMS-DOBMEIER 3RD
RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to the request from Eugene Adams on behalf of Nodak Electric Cooperative for preliminary approval of an ordinance to amend the zoning map to exclude from the Meadowlark PUD (Planned Unit Development) Concept Development Plan and to include within Meadowlark PUD (Planned Unit Development, Concept Development Plan, Amendment No 1, all of Blocks 6, 7, 8 and 10, Adams-Dobmeier 2nd Subdivision and Lot 1, Block 1, Adams-Dobmeier 3rd Resubdivision, Grand Forks, ND, with substantial change lying in the northerly 389.82 feet of the easterly 90 feet of Lot 1, Block 1, currently being replatted as Lot C. Block 1, Adams-Dobmeier 3rd Resubdivision (located between 6th Avenue North and DeMers Avenue and between North 55th and North 62nd Streets, with recommendation for preliminary approval of the request and recommend the city council set a public hearing date for July 1, 2002.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Christensen introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from Meadowlark PUD (Planned Unit Development), Concept Development Plan, and to include within Meadowlark PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Blocks 6, 7, 8 and 10, Adams-Dobmeier 2nd Subdivision and Lot 1, Block 1, Adams-Dobmeier 3rd Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
APPROVE FINAL PLAT OF REPLAT OF LOTS 3, 4 AND
5, BLOCK 1, SHADY RIDGE ESTATES SECOND ADDITION
The staff report from the Planning Department relating to the request from Lavonne Adams for final approval of a replat of Lots 3, 4 and 5, Block 1, Shady Ridge Estates Second Addition to the city of Grand Forks, North Dakota (located between Adams Drive and the Coulee and between Adams Court (south segment) and Adams Court (north segment), with recommendation for final approval of the plat subject to the conditions shown on or attached to the revised review copy. The effective date of this approval shall be December 17, 2001.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE ENGINEERING SERVICES AGREEMENT WITH
CPS, LTD. FOR PROJECT NO. 5347
The staff report from the engineering department relating to the engineering services agreements with CPS, Ltd. for Project No. 5347, intersection improvements at Gateway Drive (US 2) and Columbia Road, with recommendation to approve engineering agreement with CPS, Ltd. for the study and design engineering services for Project No. 5347, intersection improvements at Gateway Drive (US #1) and Columbia Road (Hourly amendment negotiated not to exceed $294,112.00).
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried.
ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 5379, DISTRICT NO. 587
The staff report from the engineering department relating to creating special assessment district for City Project No. 5379, District No. 587, paving Phoenix Court, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5379, District No. 587.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is approved, and that we declare intent to sell bonds to finance these improvements. Carried 14 votes affirmative.
Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8165 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
5379, DISTRICT NO. 587
The deputy city auditor presented and read the engineer's report on Paving Project No. 5379, District No. 587: Document No. 8166 - Report.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this report be approved. Carried 14 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5379, DISTRICT NO. 587
Council Member Kerian introduced the following resolution of necessity, which was presented and read: Document No. 8167 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, PROJECT NO. 5274, DISTRICT NO. 585
The staff report from the engineering department relating to creating special assessment district for City Project No. 5274, District No. 585, paving North 52nd Street, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5274, District No. 585.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that we declare intent to sell bonds to finance these improvements. Carried 14 votes affirmative.
Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8168 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
5274, DISTRICT NO. 585
The deputy city auditor presented and read the engineer's report on Paving Project No. 5274, District No. 585: Document No. 8169 - Report.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this report be and is hereby approved. Carried 14 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5274, DISTRICT NO. 585
Council Member Kerian introduced the following resolution of necessity, which was presented and read: Document No. 8170 - Resolution.,
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 5366, DISTRICT NO. 586
The staff report from the engineering department relating to special assessment district for City Project No. 5366, District No. 586, paving South 25th Street from 45th Avenue South to 44th Avenue South and 44th Avenue South from South 25th to South 20th Streets, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5366, District No. 586.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that we declare intent to sell bonds to finance these improvements. Carried 14 votes affirmative.
Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8171 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
5366, DISTRICT NO. 586
The deputy city auditor presented and read the engineer's report on Paving Project No. 5366, District No. 586: Document No. 8172 - Report.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Carried 14 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5366, DISTRICT NO. 586
Council Member Kerian introduced the following resolution of necessity, which was presented and read: Document No. 8173 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5374, DISTRICT NO. 413
The staff report from the engineering department relating to special assessment district for City Project No. 5374, District No. 413, storm sewer along South 20th Street from 135 ft. south of 44th Avenue South to the southend drainway, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5374, District No. 413.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that we declare intent to sell bonds to finance these improvements. Carried 14 votes affirmative.
Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8174 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
5374, DISTRICT NO. 413
The deputy city auditor presented and read the engineer's report on Sewer Project No. 5374, District No. 413: Document No. 8175 - Report.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this report be and is hereby approved. Carried 14 votes affirmative.
ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFI-
CATIONS, SEWER PROJECT NO. 5374, DISTRICT NO. 413
Council Member Kerian introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8176 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
CONCUR WITH NORTH DAKOTA DEPARTMENT OF
TRANSPORTATION IN AWARD OF CONTRACT FOR PROJECT
NO. 5245, UNIVERSITY AVENUE MILL AND OVERLAY
The staff report from the engineering department relating to consideration of bids for construction of City Project No. 5245, University Avenue Mill and Overlay, with recommendation to concur with North Dakota Department of Transportation award of contract to low bidder, Strata Corporation, in the amount of $522,483.15, contingent on Disadvantaged Business Enterprise review by North Dakota Department of Transportation.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE THREE-WAY AGREEMENT WITH NORTH
DAKOTA DEPARTMENT OF TRANSPORTATION AND
WEBSTER, FOSTER & WESTON FOR CONSTRUCTION
ENGINEERING SERVICES FOR PROJECT NO. 5245,
UNIVERSITY AVENUE MILL AND OVERLAY
The staff report from the engineering department relating to three-way construction engineering agreement for City Project No. 5245, University Avenue Mill and Overlay, with recommendation to approve the three-way agreement with the North Dakota Department of Transportation and Webster, Foster and Weston (WFW) for construction engineering services in the amount of $71,278.74.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE RIGHT OF WAY ENCROACHMENT AGREEMENT
WITH NODAK ELECTRIC COOPERATIVE
The staff report from the engineering department relating to the right of way encroachment agreement along South 42nd Street, with recommendation to approve encroachment agreement with Nodak Electric Cooperative.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 14; voting "nay": none. Mayor Brown declared the motion carried and the agreement approved.