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Council Minutes

PROCEEDINGS OF THE CITY COUNCIL

OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 6, 2006

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 6, 2006 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian (teleconference), Kreun - 7; absent: none.

The 4th grade class of St. Michael's Elementary School led the council in the pledge of allegiance to the flag, Mrs. Bachmeier, teacher.

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 commented on various events during the past week and upcoming events:
Congratulations to the UND Women's basketball team for their 6th time NCC Championship over the weekend, and good luck to all local competitors during this tournament season.
Congratulations to the organizers of the Winter Whine-Down held last week at the REA, thanks to the volunteers, organizers and sponsors who made the benefit for the Muscular Dystrophy Assn. a great success.
That earlier this evening the first televised "how to run for public office" forum was held in city council chambers with representatives from the City, Parks, School and County; and a lot of useful information; that they will be re-broadcasting this hour long forum on Government Channel 2 at 9:00 a.m. and 6:00 p.m. on Monday, Wednesday, Friday, Saturday and Sunday until the filing deadline on April 17. The panel consisted of Arvin Kvasager and Deb Nelson from the County; Dean Kridenger from the Schools; Jim Bollman and John Staley from Parks; and Council Member Glassheim and John Schmisek from the City.
He reminded everyone that we need to keep fire hydrants clear and accessible in case they need to be used.
He stated whenever anyone from our community is wounded when serving our country they should know our community is behind them, please keep former council member Duane Lunak's son, Lance Corporal Ben Lunak in thoughts and prayers.

MONTHLY FLOOD PROTECTION PROJECT UPDATE

Al Grasser, city engineer, mentioned that contractors are working, building floodwalls in town and moving dirt south of town, and there is a 30-day waiting period for anybody who is considering purchasing flood insurance, and the peak crest of our spring floods usually comes about the third week of April. A short flood protection video was shown.

ADOPT RESOLUTION VACATING PORTION OF SOUTH
16TH STREET

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of South 16th Street adjacent to Lot 12, Block 1, Stadter Second Addition (located west of South Washington Street and south of 44th Avenue South), the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

It was moved by Council Member Kreun and seconded by Council Member Christensen that we find and determine an insufficiency of protest to the proposed vacation. Carried 7 votes affirmative.

Council Member Kreun introduced the following resolution which was presented and read: Document No. 8803 - Resolution

It was moved by Council Member Kreun and seconded by Council Member Christensen that this resolution be adopted. Carried 7 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 5702, DISTRICT NO. 607

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 607, Project No. 5702, construction of pavement on 40th Avenue South from South 20th Street to Reummele Road, had expired on February 20, 2006, and that he had received no written protests.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

Council Member Gershman introduced the following resolution as to protests which was presented and read: Document No. 8804 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Kreun that we find and determine an insufficiency of protest against Paving District No. 607, Project No. 5702, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.

APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING OF VARIOUS RESIDENTIAL AND
COMMERCIAL BUILDINGS

The staff report from the city assessor relating to applications for exemption of remodeling improvements to commercial and residential buildings as follows: 5110 Belmont Road, 1016 University Avenue, 1620 1st Avenue North, 1614 Dellwood Court, 2216 South 10th Street, 2019 1st Avenue North, 2011 2nd Avenue North, 823 Walnut Street, 807 Reeves Drive, 1117 Reeves Drive, 906 Oak Street, 910 South 9th Street, 229 27th Avenue South, 122 Conklin Avenue, 422 Fenton Avenue, 816 29th Avenue South, 1010 South 16th Street, 2506 5th Avenue North, 1706 8th Avenue South, and 2619 Cherry Street; with recommendation to grant exemptions of increased value for 3 years.

It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.

INTRODUCE TECHNICAL CORRECTIONS ORDINANCE

The staff report from the city attorney relating to technical corrections ordinance amending provisions of Chapter 8 of the Grand Forks City Code relating to traffic motor vehicles; Chapter 9 relating to offenses and miscellaneous provisions; Chapter 11 relating to animals and fowl; Chapter 12 relating to fire protection and prevention; and Chapter 13 relating to smoking in public places and places of employment, with recommendation to give preliminary approval and final approval to the ordinance.

It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Carried 7 votes affirmative.

Council Member Christensen introduced an ordinance entitled "An ordinance amending Section 8-0201, repealing Section 8-0310, and amending Sections 8-0311, 8-0506, 8-0603, 8-0605 of the Grand Forks City Code relating to traffic and motor vehicles; repealing Sections 9-0109 and 9-0113 and adopting Sections 9-0113, 9-0114, 9-0115, 9-0116, 9-0117, 9-0118, 9-0119, 9-0120, 9-0121, 9-0122, 9-0123, 9-0124, 9-0125, 9-0126, 9-0127, and 9-0128 and repealing Sections 9-0202, 9-0204, 9-0205, 9-0206, 9-0209, 9-0210, 9-0212, 9-0213, 9-0301, and 9-0302 of the Grand Forks City Code relating to offenses and miscellaneous provisions; adopting Section 11-0128 and amending Sections 11-0214 and 11-0305 of the Grand Forks City Code relating to animals and fowl; amending Section 12-0115 and repealing Sections 12-0301 and 12-0302 of the Grand Forks City Code relating to fire protection and prevention; and amending Section 13-1106 of the Grand Forks City Code relating to smoking in public places and places of employment", which was presented, read and passed on its first reading.

APPROVE TITLE CHANGE

The staff report from the Human Resources director relating to job title change, with recommendation to approve job title change from administrative coordinator to city administrator.

It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be approved. Carried 6 votes affirmative; Council Member Glassheim voted against the motion.

APPROVE PROJECT CONCEPT REPORT AMENDMENT
FOR INTERSECTION RECONSTRUCTION ON 24TH AVENUE
SOUTH AND COLUMBIA ROAD

The staff report from the engineering department relating to median opening on 24th Avenue South for Project No. 5674, Columbia Road and 24th Avenue South Intersection Reconstruction, with recommendation to direct staff to proceed with a PCR Amendment to open the median on 24th Avenue South west of Columbia Road for Project No. 5674, Columbia Road and 24th Avenue South Intersection Reconstruction; approve funding request revision for construction year 2006; and approve moving the bid letting date to November 17, 2006 for construction in 2007.

The staff report from the engineering department relating to Amendment No. 1 to engineering services agreement with CPS, Ltd. for Project No. 5674, Columbia Road and 24th Avenue South Intersection reconstruction, with recommendation to approve Amendment No. 1 with CPS, Ltd. for additional design engineering in the amount of $48,304.00.

The staff report from the engineering department relating to Amendment No. 2 to engineering services agreement with CPS, Ltd. for Project No. 5674, Columbia Road and 24th Avenue South Intersection Reconstruction, with recommendation to approve Amendment No. 2 with CPS, Ltd. for additional design engineering in the amount of $17,353.00.

Council Member Christensen reported they had received a letter of recommendation relating to bulb-out and suggested that we have a separate motion planning for the bulb-out but not include it in the recommendation to the State. He stated that drivers coming from the east going west from two-lane and the bulb-out would prevent them from proceeding together on the two-lane, would change it to a one lane and eventually a two lane again - to plan for it but not install at this time.

Al Grasser, city engineer, outlined the original recommendation and cut through alternatives, that the staff report questions if we should allow an opening for the Alerus Bank, that either have a median there which cuts out the access to the Alerus Bank or provide an opening for the Bank; that the original staff report recommended opening up the median to allow the traffic movements in and out of the Alerus Bank and if agree with that, that is in the staff report and don't need any other recommendations for that. Discussion came up last week re. what to do with the northwest corner of the intersection of 24th and Columbia, some of the preliminary work that the traffic engineers had done recommended putting a bulb-out, which is a median, to block off the one west bound lane on 24th Avenue, and that the traffic going westbound would be forced into one lane and when wanted to access the Bank or someplace else they would shift back into the remaining second lane; and that his memo dealt with recognizing that the traffic engineers didn't want to discount the recommendation of putting that bulb-out in there, as they are doing that for a number of factors. He summarized in his memo and in looking at the factors, most of those end up coming out balanced, and in discussions with the consultants they recognize that it's pretty much a balance as far as whether the bulb provides a larger measure of safety because there are things that impact traffic and impact safety. He stated his memo outlined his concern that given the winter conditions if somebody is going to proceed across the intersection not realizing there is a berm there because it is covered with snow and bounce into that curb and cause an accident, and that is a perspective he didn't think the traffic engineers really had a chance to evaluate, there are a number of things that work really good in California that don't work very good in the northland. He stated as this is going back to the DOT for review of the project concept report, would like a motion from the council to either confirm they want the bulb or not want the bulb, and would help carry the argument to the DOT as to what the City's desires are, that he can live with either decision but would tend to leave the bulb-out out.

Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Member Brooks and Kreun. Carried 6 votes affirmative.

Council Member Christensen stated that based on that would move that whatever Scenario we move forward this evening that it goes forward without the bulb-out - that the bulb-out would not be included in the final motion. Council Member Kerian seconded the motion. Carried 6 votes affirmative; Council Member Gershman recused.

Council Member Kerian moved approval of the first agenda item and to include approval to the two items relating to the Amendments No. 1 and No. 2. Council Member Christensen seconded the motion.

Council Member Kreun stated that Council Member Kerian indicated is that we are going to direct staff with the PCR amendment to open the median on 24th Avenue South west of Columbia Road for Project No. 5674, with the intent of at some point in time to be able to add the three-quarter if traffic becomes heavy and necessitates that - as traffic is needed and would be adjusted accordingly. Mr. Grasser stated as he understand the motion and as per the staff report they would be building Scenario 3 without the bulb.
Council Member Brooks stated his concern in the motion before them was that he understands what the engineers were looking at in coming across and closing that median out, that we would have a definite safety problem on 29th because everybody going west on 24th and makes a U-turn at 29th. He stated he had asked that be looked at if any other possibility there, the response was that they put up a No U-Turn sign, and that is not going to resolve the issue, and need to address it by leaving this opening there and revisit it later, and that impacts Alerus Financial but also impacts some of the other businesses that are located in that block to the north of 24th Avenue.

Mr. Grasser stated they wanted to recognize that if the opening wasn't in there people would tend to take a right and perhaps make a U-turn and if an opening wasn't provided you would increase the likelihood of U-turns on 29th and that is a problem intersection and doesn't wasn’t to encourage that movement and this would tend to decrease that.

Council Member Glassheim stated his concern is the amount of space there is in the median, that if open up the median and are going across and esp. Scenario 3 doesn't look like a whole car can fit in there and thinks under Scenario 1 more room in the median to hide so not going across perhaps 4 lanes but only going across 2 and can get across in shorter steps; that he is not sure of the distances available but it looks like they would have the tail of your car sticking out of the median if you venture out and cannot keep going because of traffic coming from the west on 24th Ave.S. Mr. Grasser stated he agrees that the protection in Scenario 1 is great for that particular movement than Scenario 3, but the problem with Scenario 1 is that we don't have enough stacking distance, stack up our base too quickly and that is probably a greater issue as far as the safety and operation of that intersection. Council Member Glassheim stated he sees the greater danger of trying to get across there, but have 7 or 8 cars stacked even if made a little bit more protected place for that turn, and if you have that many cars stacked that is a lot of traffic, and if trying to go left out of that parking lot you will sit there a long time, or make a dangerous turn because waiting too long - if not a lot of traffic, doesn't matter if we have that opening but if a lot of traffic, then it does matter- but turning across 4 lanes is dangerous. Mr. Grasser stated there is one thing that swings him towards doing Scenario 3, which is where in the future they may end up making this a three-quarter intersection, and tends to swing it towards the one they can do the future buildout with minimum interruptions; both viable and is the council's choice.

There was considerable discussion relating to traffic exiting Alerus Center to cross median to enter 24th Avenue South going east or south, concern about crossing 5 lanes of traffic and for eastbound traffic in the stacking lane for Columbia Road.

Council Member Glassheim asked if they had the distances on Scenario 1 and Scenario 3 of the center median. Mr. Grasser stated he didn't have that info. but would say on Scenario 1 that the median is probably about 20 feet; and the median on Scenario 3 in the neighborhood of about 13 or 14 feet.

Council Member Kerian questioned whether work done on the traffic studies and work in amendments to the engineering services for additional work, asked if that has been done or will be done. Mr. Grasser stated that substantial amount of that work has already been done in coming up with these alternatives but thinks there is more work, that talking about the design functions of it and the things they have been spending time on now are more the pre-design of the project concept but actual design details are going to have to be modified somewhat because the original design had the median in there and it is a mater of doing quantities and joint layouts, etc. and that is what would be contained in the amendments.

Council Member Kreun stated what is on the table now is Council Member Kerian's motion and seconded for Scenario No. 3, which is to proceed with the PCR and open the median on 24th Avenue; and moved to include in the motion for Scenario 3; Council Member Christensen agreed to that as friendly amendment.

Council Member Glassheim moved to amend the motion to replace Scenario 3 with Scenario 1 with the opening. Council Member Hamerlik seconded the motion.

Council Member Glassheim stated as he sees Scenario 1 they have 20 ft. to hide which is the length of a car in the middle section, in Scenario 3 they have 14 feet to hide which means there are 2 to 3 feet sticking out in one of the lanes, and on the other side in Scenario 1 there is only about 7 cars worth of stacking to turn onto Columbia Road but about 11 cars stacking in Scenario 3, but thinks there is more danger from the crossing in the middle than of the stacking, esp. if you need that much stacking, it means there will be much heavier traffic than we have now, and thinks that 20 ft. in Scenario 1 gives more protection.

After further discussion and upon call for the question on the motion to amend the original motion and upon voice vote, the following voted for the amendment: Council Members Hamerlik, Glassheim - 2; voting "nay": Council Members Brooks, Christensen, Kerian, Kreun - 4; Council Member Gershman recused. Mayor Brown declared that the motion failed.

Upon call for the question on the original motion and upon voice vote, the motion carried 5 votes affirmative, with Council Member Glassheim voting against the motion; Council Member Gershman recused.

It was moved by Council Member Kerian and seconded by Council Member Christensen to approve Amendment No. 1 with CPS, Ltd. for additional design engineering in the amount of $48,304.00. Upon voice vote the motion carried 5 votes affirmative, Council Member Glassheim voting against the motion; Council Member Gershman recused.

It was moved by Council Member Kerian and seconded by Council Member Christensen to approve Amendment No. 2 with CPS, Ltd. for additional design engineering in the amount of $17,353.00. Upon voice vote the motion carried 5 votes affirmative, Council Member Glassheim voting against the motion; Council Member Gershman recused.

APPROVE UTILITY REMOVAL AGREEMENT FOR PROJECT
NO. 5982, COLUMBIA ROAD TRANSMISSION LINE REMOVAL

The staff report from the engineering department relating to utility removal agreement for Project No. 5982, Columbia Road Transmission Line Removal, with recommendation to approve agreement with Minnkota Power Cooperative, Inc. in the amount of $24,800.00 contingent on final staff and legal review; and authorize funds to be taken from 2169 Infrastructure.

It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Upon voice vote, the motion carried 7 votes affirmative.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR STREET LIGHTING
PROJECT NO. 5957, DISTRICT NO. 158

The staff report from the engineering department relating to creating special assessment district for Project No. 5957, District No. 158, street lighting, Prairiewood 1st Addition, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specification and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Brooks introduced the following resolution creating the assessment district, which was presented and read: Document No. 8805 - Resolution.

The city auditor presented and read the engineer's report on Street Lighting Project No. 5957, District no. 158: Document No. 8806 - Report.

Council Member Brooks introduced the following resolution of necessity, which was presented and read: Document No. 8807 - Resolution.

It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Lighting Project No. 5957, District No. 158, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR STREET LIGHTING
PROJECT NO. 5958, DISTRICT NO. 159

The staff report from the engineering department relating to creating special assessment district for Project No. 5958, District No. 159, Street Lighting - Adams Drive, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specification and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Brooks introduced the following resolution creating the assessment district, which was presented and read: Document No. 8808 - Resolution.

The city auditor presented and read the engineer's report on Street Lighting Project No. 5958, District No. 159: Document No. 8809 - Report.

Council Member Brooks introduced the following resolution of necessity, which was presented and read: Document No. 8810 - Resolution.

It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Lighting Project No. 5958, District No. 159, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR STREET LIGHTING
PROJECT NO. 5959, DISTRICT NO. 160

The staff report from the engineering department relating to creating special assessment district for Project No. 5959, District No. 160, Street Lighting - Countryview 3rd Resubdivision, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specification and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Brooks introduced the following resolution creating the assessment district, which was presented and read: Document No. 8811 - Resolution.

The city auditor presented and read the engineer's report on Street Lighting Project No. 5959, District No. 160: Document No. 8812 - Report.

Council Member Brooks introduced the following resolution of necessity, which was presented and read: Document No. 8813 - Resolution.

It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Lighting Project No. 5959, District No. 160, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR STREET LIGHTING
PROJECT NO. 5960, DISTRICT NO. 161

The staff report from the engineering department relating to creating special assessment district for Project No. 5960, District No. 161, Street Lighting - 44th Avenue South, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specification and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Brooks introduced the following resolution creating the assessment district, which was presented and read: Document No. 8814 - Resolution.

The city auditor presented and read the engineer's report on Street Lighting Project No. 5960, District No. 161: Document No. 8815 - Report.

Council Member Brooks introduced the following resolution of necessity, which was presented and read: Document No. 8816 - Resolution.

It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Lighting Project No. 5960, District No. 161, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR SEWER PROJECT NO. 5961, DISTRICT NO. 442

The staff report from the engineering department relating to creating special assessment district for Project No. 5961, District No. 442 - sanitary sewer for Highland Point 1st Addition, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specification and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Brooks introduced the following resolution creating the assessment district, which was presented and read: Document No. 8817 - Resolution.

The city auditor presented and read the engineer's report on Sewer Project No. 5961, District No. 442: Document No. 8818 - Report.

Council Member Brooks introduced the following resolution of necessity, which was presented and read: Document No. 8819 - Resolution.

It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Sewer Project No. 5961, District No. 442, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR WATERMAIN PROJECT NO. 5962, DISTRICT NO. 290

The staff report from the engineering department relating to creating special assessment district for Project No. 5962, District No. 290, Watermain for Highland Point 1st Addition, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specification and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Brooks introduced the following resolution creating the assessment district, which was presented and read: Document No. 8820 - Resolution.

The city auditor presented and read the engineer's report on Street Lighting Project No. 5958, District No. 159: Document No. 8821 - Report.

Council Member Brooks introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8822 - Resolution.

It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Watermain Project No. 5962, District No. 290, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR SEWER PROJECT NO. 5963, DISTRICT NO. 443

The staff report from the engineering department relating to creating special assessment district for Project No. 5963, District No. 443, Storm Sewer for Highland Point 1st Addition, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specification and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Brooks introduced the following resolution creating the assessment district, which was presented and read: Document No. 8823 - Resolution.

The city auditor presented and read the engineer's report on Sewer Project No. 5963, District No. 443: Document No. 8824 - Report.

Council Member Brooks introduced the following resolution of necessity, which was presented and read: Document No. 8825 - Resolution.

It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Sewer Project No. 5963, District No. 443, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT
NO. 5964, DISTRICT NO. 619

The staff report from the engineering department relating to creating special assessment district for Project No. 5964, District No. 619, Paving Highland Point 1st Addition, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specification and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Brooks introduced the following resolution creating the assessment district, which was presented and read: Document No. 8826 - Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 5964, District No. 619: Document No. 8827 - Report.

Council Member Brooks introduced the following resolution of necessity, which was presented and read: Document No. 8828 - Resolution.

It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Paving Project No. 5964, District No. 619, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT
NO. 5881, DISTRICT NO. 621

The staff report from the engineering department relating to creating special assessment district for Project No. 5881, District No. 621, Paving and street lighting for Zavoral's First Addition, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specification and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Brooks introduced the following resolution creating the assessment district, which was presented and read: Document No. 8829 - Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 5881, District No. 621: Document No. 8830 - Report.

Council Member Brooks introduced the following resolution of necessity, which was presented and read: Document No. 8831 - Resolution.

It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Paving Project No. 5881, District No. 621, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR WALKWAY LIGHTING
PROJECT NO. 5981, DISTRICT NO. 162

The staff report from the engineering department relating to creating special assessment district for Project No. 5981, District No. 162, Walkway Lighting in Sertoma Park, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specification and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Brooks introduced the following resolution creating the assessment district, which was presented and read: Document No. 8832 - Resolution.

The city auditor presented and read the engineer's report on Walkway Lighting Project No. 5981, District No. 162: Document No. 8833 - Report.

Council Member Brooks introduced the following resolution of necessity, which was presented and read: Document No. 8834 - Resolution.

It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Walkway Lighting Project No. 5981, District No. 162, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted

AWARD BIDS FOR PROJECT NO. 5905, CURB RAMPS

The staff report from the engineering department relating to bids for construction of Project No. 5905, 2006 ADA Curb Ramps, with recommendation to award contract to the low bidder, Heston Contracting, in the amount of $47,900.00.

It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved and the bids awarded. Upon roll call the following voted "aye": Council Members Brooks Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 5769

The staff report from engineering department relating to Change Order 2 for Project No. 5769, Phase V, Landfill Closure, with recommendation to approve Change Order 2 for Robinson Excavating in the amount of $27,512.00.

It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE BUDGET AMENDMENT FOR FUND 2169,
INFRASTRUCTURE

The staff report from the engineering department relating to budget amendment request for Fund 2169, Infrastructure, with recommendation to approve the amendment to transfer $147,300.00 from Fund 2115 Highway Users to Fund 2169 Infrastructure.

It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE AGREEMENT FOR PROJECT NO. 5954, PHASE
VI LANDFILL CLOSURE

The staff report from the engineering department relating to engineering services agreement with CPS, Ltd. for Project No. 5954, Phase VI Landfill Closure, with recommendation subject to review by the city attorney, approve engineering services agreement with CPS, Ltd., in the hourly not to exceed amount of $113,247.00.

It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

AUTHORIZE SURPLUS PROPERTY IN WASTEWATER
DIVISION

The staff report from the public works director relating to wastewater division surplus property, with recommendation to declare the following equipment surplus and authorize staff to proceed with the sale of equipment according to established policies and procedures: 1973 2-ton truck with 1,000 gal. tank and pump; I.M.E. inductor, 2 antique sewer bucket machines, antique sewer rodder and 1973 Ski-Doo snowmobile.

It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE ANNUAL PLAN FOR 2006 HOME FUNDS

The staff report from urban development relating to Annual Plan for 2006 HOME Funds, with recommendation to approve the Annual Plan for 2006 HOME Funds.

It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR SEWER PROJECT NO. 5948, DISTRICT NO. 440