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Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 5, 2006

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, June 5, 2006 at the hour of 7:00 o’clock p.m. with President Gershman residing. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Christensen, Gershman - 5; absent: Council Member Kreun - 1.

Pack No. 13, Cub Scouts, led the city council in the pledge of allegiance to the flag

President Gershman 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.

President Gershman commented on various events during the past week and upcoming events:
Lance Corporal Ben Lunak was welcomed home last week, that he was injured by an IED on February 28, 2006 and spent months since recovering in military hospitals, and caused the amputation of his right leg below the knee and has been dubbed the "miracle kid" for his speedy recovery. Last Friday hundreds in attendance including Senator Conrad and Congressman Pomeroy, Governor Hoeven and Senator Dorgan welcomed him by phone; an important event to welcome home a Grand Forks hero and to thank him for his service to his nation. It is important to recognize and show our respect for all the men and women who serve our country and protect our freedoms.

4th Annual Grand Cities ArtFest will be held this weekend, June 10 and 11, and City will do spraying for mosquitoes downtown; and to showcase our downtown and our community's strong support of the arts.
Dog Park public meeting is tomorrow, June 6, at 7:00 p.m. at Century Elementary School.
League of Women Voters on Thursday, June 8 at 7:00 p.m. in City Hall council chambers.

Retirement of Tom Goetz from the fire department. Fire Chief Pete O'Neill presented Mr. Goetz with Certificate of Recognition who served the city of Grand Forks for 31 years and recently as fire marshal in the fire department, and is a expression of appreciation for services rendered, April 28, 2006. President Gershman presented Mr. Goetz with a watch from the city of Grand Forks. Chief O'Neill and Rick Duquette expressed appreciation in working with Mr. Goetz during his years of service and congratulated him on his retirement.

Sharyl Simone, Public Information, presented brief review of working with special events and special event planners, goal of Public Info. Center in 2004 was to create a vehicle to communicate with all departments so event planner could come to one source and use it as one place to get their message across. She stated they are a one-stop shop; that this year have become paperless; and that this week will put special events on-line and have way for event planners to submit them electronically.

MONTHLY FLOOD PROTECTION UPDATE

Al Grasser, city engineer, reported they have had a pre-construction conference with the contractor for flood clean-up, he will be mobilizing equipment tomorrow and start work on Wednesday.

A short video was shown.
Melanie Parvey-Biby, greenway coordinator, stated there had been discussion of putting a dog park in the downtown portion of the greenway along North 3rd Street, and at that time there were concerns that they hadn't received neighborhood input so last Thursday evening they held a public input meeting and invited residents of that area to provide comments on the proposal. Since that time they have talked with the Park District and have interest in pursuing another dog park near Lions Park on 24th Avenue and 34th Street, and there is a public meeting set for tomorrow evening at 7:00 p.m. and have invited residents to provide comments; after that point will bring information back to the council at the committee of the whole meeting next Monday, June 12. She stated they also met with the Humane Society and there is an interest with the Humane Society, the Park District and City to pursue a partnership in developing a dog park at their facility as well.

Council Member Brooks reported that he had asked Mr. Grasser and staff to prepare map of the city showing city limits and the areas protected by the flood protection project, and asked that a copy of that be provided to all the council members.

COUNCIL MEMBER KERIAN REPORTED PRESENT

ADOPT RESOLUTION VACATING STREETS AND PUBLIC
R/W SHOWN ON REPLAT OF CAMPBELL ADDITION

The deputy city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of 20th Avenue North, part of North 58th Street and part of a 40 foot wide service road all in Campbell Addition to the city of Grand Forks, 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.

President Gershman opened the public hearing.

Ina Korynta, 2397 North Columbia Road, stated that they farm in this area, that she had talked with Branden Bartholomew in the engineering department and that he assured her that this was correcting plats that happened because of the English Coulee diversion ditch, and then would have no concerns.

President Gershman closed the public hearing

It was moved by Council Member Christensen and seconded by Council Member Brooks that we find and determine an insufficiency of protest to the proposed vacation; and introduced a resolution which was presented and read: Document No. 8915 - Resolution.

Upon call for the question of adoption of the resolution and upon voice vote, the motion carried 6 votes affirmative.

REFER MATTER OF ORDINANCE RELATING TO CATS
AND DOGS (AMENDING LEASH LAW IN DESIGNATED
DOG PARKS) TO COMMITTEE

An ordinance entitled "An ordinance amending Sections 11-0101 and 11-0121 of the Grand Forks City Code relating to cats and dogs", which had been introduced and passed on its first reading on May 15, 2006, was presented and read for consideration.
Council Member Glassheim stated this ordinance was not linked to choice of place but that there were questions raised and doesn't think it is ready for vote and if it shouldn't be referred to a standby committee.

Howard Swanson, city attorney, stated his memo gave information on number of topics that are somewhat related, identified what the City's current ordinance is on animals at large, that an animal at large is one that is considered off of premises of the owner or custodian of the animal and is not under restraint; the questions was asked whether that ordinance should be amended to allow for invisible fences and his conclusion was because it involves an animal off the property of an animal owner there was no need to amend for an invisible fence. He stated the section he addressed was the leash law, and the question asked of the leash law was whether that should be amended to allow an invisible fence and his conclusion was that if the council wanted to authorize use of invisible fence, Section 11-0121(A) of the City Code should be amended to include invisible fence. He also pointed out in comments re. leash law was that there was some confusion as to what the leash law applies to and what does the animal at large apply to; the leash law requires any dog to be on restraint, even on property owned by the dog owner; and that was where he recommended if they want to maintain that, to include the invisible fence, and could give the language to make that happen. If the council wanted to change the leash law so that it did not apply to animal owner's property, he gave that information. He stated issues re. dog parks and gave fairly lengthy listing of information he found from other communities that have allowed dog parks and some of the restrictions that they have put in place.

Mr. Swanson stated they found a number of better drafts from communities that have specific ordinances on dog parks, and gave some body or entity authority to adopt regulations, the ones he felt that needed to appear by way of an ordinance where they give information to the user using the site is at the user's own risk, that the City is not responsible for any injury or damage that may occur by the use of the dog park; most of the other specifics would either be in ordinance form or could be in rules or regulations adopted.

He stated it would be appropriate if there were those that you wanted to enforce by Code to do one of two things: either include in the ordinance or if enforceable would have to be posted at the site. He also noted that you do not need to have an ordinance to establish a dog park, could do it by resolution; and to take advantage of some limitations or exemptions of liability would like to see it by ordinance, and that is a different issue then what is on the agenda tonight.

Council Member Glassheim moved to refer this matter to the service/safety standby committee. Council Member Christensen seconded the motion. Carried 6 votes affirmative.

Council Member Christensen stated we should have a sense of the council so that staff has an idea of council's feelings regarding a fenced or unfenced dog park, and moved that any dog park that is brought forward over which the City has governance that it be fenced. Council Member Brooks seconded the motion.

Upon call for the question and upon voice vote, the motion carried 5 votes affirmative; Council Member Hamerlik voted against the motion.

ADOPT ORDINANCE NO. 4145, ANNEXATION OF PART
OF NW QUARTER OF SECTION 27, AND PART OF SW
QUARATER OF SECTION 22, T151N, R50W OF 5TH P.M.
An ordinance entitled "An ordinance to annex that part of the Northwest Quarter of Section 27, Township 151 North, Range 50 West of the Fifth Principal Meridian, Grand Forks County, North Dakota, and that part of the Southwest Quarter of section 22, Township 151 North, Range 50 West of the Fifth Principal Meridian, Grand Forks County, North Dakota", which had been introduced and passed on its first reading on May 15, 2006, was presented and read for consideration on second reading and final passage.

The deputy city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian - 6; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 4146, AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF KNIPE'S FIRST 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 Knipe's First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 4, 2004, 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.

President Gershman opened the public hearing, there were no comments and the public hearing was closed.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian - 6; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 608A, PROJECT NO. 5703

The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 608A, Project No. 5703, construction of paving on 47th Avenue South from South Washington Street to Belmont Road with stubs extending north and south on Cherry Street, had expired on June 5, 2006, and that she had received no written protests.

President Gershman opened the public hearing, there were no comments and the public hearing was closed.

Council Member Brooks introduced the following resolution as to protests which was presented and read: Document No. 8916 - Resolution.

It was moved by Council Member Brooks and seconded by Council Member Christensen that we find and determine an insufficiency of protest against Paving District No. 608A, Project No. 5703, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

` DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 623, PROJECT NO. 5945

The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 623, Project No. 5945, construction of paving in Southern Estates 5th Addition including 42nd Avenue South, Star Avenue South and 41st Avenue South from South 20th Street west approximately 890 feet to termination, had expired on June 5, 2006, and that she had receive no written protests.

President Gershman opened the public hearing, there were no comments, and the public hearing was closed.

Council Member Brooks introduced the following resolution as to protests which was presented and read: Document No. 8917 - Resolution.

It was moved by Council Member Brooks and seconded by Council Member Christensen that we find and determine an insufficiency of protest against Paving District no. 623, Project No. 5945, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

APPROVE ABATEMENT OF 2005 TAXES ON PROPERTY
AT 107 CONKLIN AVENUE

The staff report from the assessing department relating to application for abatement for 2005 taxes by Growing Together, Inc., 107 Conklin Avenue, with recommendation to Board of County Commissioners that application be approved as submitted.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be approved, and further that we adopt the finings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian - 6; voting "nay": none. President Gershman declared the motion carried.

APPROVE APPLICATIONS FOR EXEMPTIONS OF
REMODELING IMPROVEMENTS TO COMMERCIAL AND
RESIDENTIAL BUILDINGS

The staff report from the assessment department relating to applications for exemption of remodeling improvements to commercial and residential buildings at 2813 Belmont Road, 1608 South 14th Street and 1616 South 14th Street, with recommendation to grant exemptions of increased value for 3 years.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian - 6; voting "nay": none. President Gershman declared the motion carried.

APPROVE APPOINTMENTS TO THE HISTORIC
PRESERVATION COMMISSION

The staff report from Mayor Brown relating to Historic Preservation Commission appointments, with recommendation to confirm reappointment of Chuck Flemmer, Gordon Iseminger, Melinda Leach, Dale Sickels and Sandy Slater and appointment of Dave Vorland.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.

APPROVE APPOINTMENTS TO GATEWAY DRIVE
COMMITTEE

The staff report from Mayor Brown relating to Gateway Drive Committee appointments, with recommendation to confirm the appointments of Don Lee, Les Hoehre and Dave Wylot to the Gateway Drive Committee.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.

INTRODUCE ORDINANCE RELATING TO MANDATORY
SERVER TRAINING

The staff report from the community/governmental relations officer relating to EGF/GF Mayors' Task Force on alcohol report/recommendations and server training ordinance, with recommendation to approve first reading of the ordinance relating to mandatory server training and receive report by the EGF/GF Mayors' Task Force on Alcohol.

Bill Vasicek, 1415 Walnut Street, Community Safety Coordinator, member of Task Force, reported that the Task Force decided that the ordinance wasn't designed to fix the underage drinking problems in our communities, but an initial step to address concern; that there was discussion about the fee and the Task Force stated they have no concern where program funded but funded so stay in existence; that they believed that the ordinance would help reduce accessibility of alcohol to those under 21, reduce liability to liquor license establishments and employees, and education would raise awareness in the community which would begin to shift the cultural change of our acceptance of alcohol.

Paul Endres, El Roco, 1730 13th Avenue North, stated he agrees with the ordinance as he feels it is reasonable with the exception of the fee, which he hoped would be dropped.

President Gershman stated that the City just recently raised fees for liquor establishments about $500/year and the City has received approx. $53,000 more in additional fees from the liquor industry. Council Member Kerian noted that they didn't include the fee in the ordinance but was just a recommendation.

Council Member Christensen stated that they agree that the proposed ordinance isn't going to curb the underage drinking problem or binge drinking, the Grand Forks police department is doing the training and has endorsed the program, and if we think this is going to enhance the service and protect the community, that training programs and instructors must be approved by the police department. Mr. Vasicek stated that the police department will enforce the laws and should approve the training that establishment has outside of the police department training and instructors.

Council Member Brooks stated there was no fee in the ordinance and moved to approve the recommendation presented by the Task Force; Council Member Christensen seconded the motion.

Council Member Christensen suggested that the motion to approve with the exclusion of paragraph 6 on the fees as a friendly amendment to the motion. Council Member Brooks accepted the amendment.

Harry Bushaw, Bun Lounge, stated that they have been trying to get the fine raised for minors under State law, that no one wants to jeopardize his business to sell someone a drink, and would like council to consider raising penalty for person who is violating the law.

Mr. Swanson reported that the city council recently recodified a number of the offenses and those that involve minors over the age of 18 but under the age of 21, if arrested and convicted of various charges including attempting to purchase alcohol with either false i.d. or without an i.d. are subject to a fine of up to $1,000.00 and jail of up to 30 days or both; the City could not impose any greater penalty than what it has recently adopted.

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

Council Member Brooks introduced an ordinance entitled "An ordinance enacting Sections --- through --- of the Grand Forks City Code requiring mandatory alcohol server training", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO RESIDENTIAL
RENTAL LICENSES

The staff report from the city attorney relating to residential rental licenses, with recommendation to give preliminary and final approval to draft ordinance amending sections 21-0605, 21-0606, 21-0608, 21-0611 of the Grand Forks City Code relating to residential rental licenses.

Council Member Christensen stated there have been some amendments proposed after discussion among the council and citizens affected by the licensing ordinance dealing with single family dwellings and Mr. Swanson has given us proposed amendments and his comments on them, and moved the proposed amendments to amend 21-0605 to eliminate the information regarding criminal convictions, to eliminate 21-0606 so that you have a property manager within 60 miles, to amend 21-0608 to make the term to expire on December 31 annually and 21-0611 to provide that 3 violations within a 12-month period should be utilized for suspension or revocation. Council Member Hamerlik seconded the motion. Carried 6 votes affirmative.

Council Member Christensen stated he would like to amend 21-0610, Maintenance of Units Conduct on Licensed Premises, paragraph 3, (b) and (c) and eliminate 3 (b) in its entirety, 3 (c) conduct which constitutes a violation of laws relating to provisions of alcohol to minors, minor possessing or consuming alcohol or illegal sales of alcohol in violation of certain city ordinances. Council Member Brooks seconded the motion.

Council Member Hamerlik stated he could not go along with eliminating (c). Council Member Glassheim stated it is a burden but not an excessive burden and wouldn't want to delete (c).

Marvin Hodny, 2001 2nd Avenue North, stated the license is only for 1 and 2 family homes, and up to 4 people living in the building or 8 people limiting in the building if it is a duplex, and does not apply to a fraternity.

COUNCIL MEMBER KERIAN EXCUSED

After further discussion Council Members Hamerlik and Glassheim asked for a division of the motion. Carried 5 votes affirmative.

Upon call for the question on the motion to eliminate 21-0610 (b) and upon voice vote, the motion carried 5 votes affirmative.

Upon call for the question on the motion to eliminate 21-0610 (c) and upon roll call vote the following voted "aye": Council Members Christensen, Gershman - 2; voting "nay": Council Members Brooks, Hamerlik, Glassheim - 3. President Gershman declared the motion defeated.

Council Member Brooks introduced an ordinance entitled "An ordinance amending Sections 21-0605, 21-0606, 21-0608, 21-0610 and 21-0611 of the Grand Forks City Code relating to residential rental licenses", which was presented, read and passed on its first reading.

ADOPT RESOLUTIONC REATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICAITONS
FOR SEWER PROJECT NO. 6012, DISTRICT NO. 449

The staff report from the engineering department relating to creating special assessment district for Project No. 6012, District No. 449, sanitary sewer for Desiree Drive (Lots A, B and C, Shady Ridge 6th Resubdivision), with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specifications and advertised for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 8918 - Resolution

The deputy city auditor presented and read the engineer's report on sewer Project No. 6012, District Nos. 449: Document No. 8919 - Report.

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8920 - Resolution.

The staff report from the engineering department relating to creating special assessment district for Project No. 6013, District No. 293, watermain for Desiree Drive (Lots A, B and C, Shady Ridge 6th Resubdivision), with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specifications and advertised for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 8921 - Resolution

The deputy city auditor presented and read the engineer's report on sewer Project No. 6013, District Nos. 292: Document No. 8922 - Report.

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8923 - Resolution.

The staff report from the engineering department relating to creating special assessment district for Project No. 6014, District No. 450, storm sewer for Desiree Drive (Lots A, B and C, Shady Ridge 6th Resubdivision), with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specifications and advertised for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 8924 - Resolution

The deputy city auditor presented and read the engineer's report on sewer Project No. 6014, District Nos. 450: Document No. 8925 - Report.

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8926 - Resolution.

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 8927 - Resolution

The deputy city auditor presented and read the engineer's report on sewer Project No. 6015, District No. 625: Document No. 8928 - Report.

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8929 - Resolution.

The staff report from the engineering department relating to creating special assessment district for Project No. 5815, District No. 624, paving for Homestead Grove 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 specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 8930 - Resolution

The deputy city auditor presented and read the engineer's report on sewer Project No. 5815, District No. 624: Document No. 8931 - Report.

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8932 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim 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 Paving Project No. 5815, District No. 624, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen - 5; voting "nay": none. President Gershman declared the motion carried and the report and resolutions adopted.

ADOPT RESOLUTION APPROVING PLANS AND
SPCIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 5968, DISTRICT NO. 291

The city engineer's estimate of total cost of the construction of watermain for 40th Avenue South (South 20th Street to South Washington Street), in the amount of $ , was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5968, District No. 191, watermain for 40th Avenue South (South 20th Street to South Washington Street), with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8933 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 5 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5945, DISTRICT NO. 623

The deputy city auditor presented and read tabulation of bids which had been received and opened on June 5, 2006 for Paving Project No. 5945, District No. 613, paving Southern Estates 5th Addition, indicating that Aggregate Industries was the low bidder based upon their bid in the amount of $387,655.29: Document No. 8934 - Bid Tabulation.

The city engineer's estimate of total cost for Project No. 5945, District No. 613, in the amount of $
was presented and read.
The staff report from the engineering department relating to consideration of bids for Project No. 5945, District No. 613, paving Southern Estates 5th Addition, with recommendation to award contract to low bidder, Aggregate Industries in the amount of $387,655.29.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be approved and the resolution awarding the contract to Aggregate Industries was presented and read: Document No. 8935 - Resolution. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen 5; voting "nay": none. President Gershman declared the resolution adopted and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5703, DISTRICT NO. 608A

The deputy city auditor presented and read tabulation of bids which had been received and opened on May 19, 2006 by the North Dakota Department of Transportation for Paving Project No. 5703, District No. 608A, paving 47th Avenue South (South Washington Street to Belmont Road), indicating that Opp Construction LLC was the low bidder based upon their bid in the amount of $1,689,117.21: Document No. 8936 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 5703, District No. 608A, in the amount of $ , was presented and read.

The staff report from the engineering department relating to consideration of bids for Project No. 5703, District No. 608a, paving 47th Avenue South (South Washington Street to Belmont Road), with recommendation to award contract to low bidder, Opp Construction, in the amount of $1,689,117.21, contingent on NDDoT concurrence and DBE review.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be approved and the resolution awarding the contract to Opp Construction, LLC was presented and read: Document No. 8937 - Resolution. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Gershman, Christensen - 5; voting "nay": none. President Gershman declared the resolution adopted and the contract awarded.

APPROVE ENGINEERING SERVICES AGREEMENT FOR
PAVING PROJECT NO. 5815, DISTRICT NO. 624

The staff report from the engineering department relating to engineering services agreement with CPS, Ltd. for Project No. 5815, paving for Homestead Grove 1st Addition, with recommendation to approve design and construction engineering agreement with CPS, Ltd. in the amount of $40,414.00.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen - 5; voting "nay": none. President Gershman declared the motion carried and the agreement approved.

APPROVE ENGINEERING SERVICES AGREEMENT FOR
UTILITY AND PAVING PROJECTS 6012, 6013, 6014 AND 6015
The staff report from the engineering department relating to engineering services agreement with CPS, Ltd. for Project Nos. 6012, Sewer District No. 449; Project No. 6013, Watermain District No. 293; Project No. 6014, Sewer District No. 450; and Project No. 6015, Paving District No. 625; sanitary sewer, watermain storm sewer and paving for Desiree Drive, with recommendation to approve design and construction engineering agreement with CPS, Ltd. in the amount of $65,441.00.

I It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen - 5; voting "nay": none. President Gershman declared the motion carried and the agreement approved.

APPROVE THREE-WAY CONSTRUCTION ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5703, PAVING
DISTRICT No. 608A

The staff report from the engineering department relating to three-way construction engineering services agreement for Project No. 5703, District No. 608A, paving 47th Avenue South (South Washington Street to Belmont Road) with recommendation to approve the three-way agreement with the NDDoT and Webster, Foster and Weston for construction engineering services in the amount of $256,600.12 for Project No. 5703, District No. 608A.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen - 5; voting "nay": none. President Gershman declared the motion carried and the agreement approved.

INTRODUCE ORDINANCE RELATING TO ADOPTION
OF NORTH DAKOTA SEWER AND WATER SERVICE
CODE RE. INSTALLATION, ALTERATION OR REPAIR
OF ANY SEWER AND WATEE SERVICE

The staff report from the building and zoning administrator relating to request for an ordinance to amend Section 19-0325 of the Grand Forks city Code, relating to the North Dakota Sewer and Water Service Code adopted by reference; amended, with recommendation to approve the ordinance and introduce for first reading with second reading of the ordinance on July 6, 2006.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 5 votes affirmative.

Council Member Brooks introduced an ordinance entitled "An ordinance amending Section 19-0325 of the grand Forks City Code, relating to the adoption of the North Dakota Sewer and Water Service Code. An ordinance relating to the installation, alteration or repair of any sewer and water service", which was presented, read and passed on its first reading.

APRPOVE PUBLIC WORKS DEPARTMENT REORGANIZATION
PLAN

The staff report from the public works director relating to public works department reorganization plan, with recommendation to approve public works reorganization plan.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Carried 5 votes affirmative.

APPROVE BID FOR TRUCK AND SEWER VACUUM
JET MACHINE FOR WASTEWATER DIVISION

Te staff report from the director of public works relating to public works department, wastewater division, heavy duty truck and sewer vacuum jet machine bid, with recommendation to award bid of Sanitation Products as the lowest and best bid, $219,464.00.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen - 5; voting "nay": none. President Gershman declared the motion carried.

APPROVE ELECTION OFFICIAL REPLACEMENTS FOR
JUNE 13, 2006 ELECTION

The staff report from the mayor's office relating to election official (inspectors) replacement for the June 13, 2006 election, with recommendation to approve the replacements: Ward 1, Precinct 2, Michael Polovitz; Ward 7, Precinct 4, Charles Gates; and Ward 6, Precinct 1, Melissa Ryder.