Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, July 19, 1993

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the civic auditorium on Monday, July 19, 1993 at the hour of 7;30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpen-ter, Lien, Beyer, Geller, Johnson, Hagness - 13; absent: Council Member Shores - 1.

SUSPEND ORDER OF BUSINESS

Mayor Polovitz asked for a motion to suspend the order of business on the agenda to place items listed as 7-26 matter of final plat of Blue Pines 2nd Addition; 7-27 matter of final plat of Peabody's First Addition; 7-28 request to amend zoning map to include within Peabody PUD Dist., Concept Development Plan, all of Peabody's First Addition; and notices of petitions to vacate under public hearings on the agenda. It was moved by Council Member Hanson and seconded by Council Member Beyer that the order of business on the agenda be suspended as requested. Carried 13 votes affirmative.

DEFEAT ORDINANCE RE. MOWING OF GRASS ON BERMS

An ordinance entitled "An ordinance ,
which had been introduced and passed on its first reading on June 21, 1993, was presented and read for consideration on second reading.

It was noted that a recommendation had been made to enforce existing ordinance as is.

Upon call for the question of adoption of this ordinance, and upon roll call vote the following voted "aye": none; voting "nay": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13. Mayor Polovitz declared the ordinance defeat-ed.

CONTINUE SECOND READING OF ORDINANCE TO CONSOLIDATE
FIRE ALARM AND EMERGENCY ALARM ORDINANCES

An ordinance entitled "An ordinance amending Article 6, Chapter XII and Article 19, Chapter XXI, of the Grand Forks City Code relating to the transfer of authority for fire and emergency alarm systems to PSAP", which had been introduced and passed on its first reading on July 6, 1993, was presented and read for consideration on second reading.

At the request of the city attorney it was moved by Council Member Glassheim and seconded by Council Member Carpenter that this second reading of the ordinance be continued to August 2, 1993. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3305, RELATING TO THE
ADOPTION OF THE 1993 EDITION OF THE NATIONAL
ELECTRICAL CODE, AMERICAN NATIONAL STANDARDS,
NFPA NO. 70-1993, BY REFERENCE

An ordinance entitled "An ordinance amending Article 2 of Chapter 19 of the Grand Forks City Code relating to the Electrical Code", which had been introduced and passed on its first reading on July 6, 1993, was presented and read for consideration on second reading and final passage.

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Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3306, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1993
(HEALTH DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993", which had been introduced and passed on its first reading on July 6, 1993, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

HOLD PUBLIC HEARING ON AN URBAN RENEWAL
PLAN IN SCHOEN AND KOBETSKY'S 1ST ADDITION,
LOT 3, BLOCK 1 (ELKS PROPERTY PROJECT)

The city auditor reported that notice to the public had been given that the city council would hold a public hearing this evening on an urban renewal plan in Lot 3, Block 1, Schoen and Kobetsky's 1st Addition; and that the plan is for the remodeling work anticipated for the Elks Building, 100-200 Elks Drive, which includes all areas of general, mechanical, electrical and site demoli-tion reconstruction.

Mayor Polovitz called for the public hearing and asked for comments from the audience.

Henry Howe, 2309 Chestnut Street, spoke against the project with focus on financing aspect; bond money goes to the developer for townhouses for the rich, repaid by the people in the townhouses. He stated this is not improve-ment to increase tax base, won't add to the tax base for 20 years. He noted that there are several projects which were funded by tax increments that are not making enough to pay for bonds, so coming out of City's general revenues. He stated tax increment financing used inappropri-ately and unwisely. He stated that if this project is good deal for the city of Grand Forks, then should pay it's own way. He urged council to give lot of consideration on this matter.

Bill Schoen, 3718 Belmont Court, representing himself and Jim Kobetsky, responded to Mr. Howe's statements, stating that their request is for $380,000 in tax increment financing, interest paid back at same time as bonds paid back; that back taxes will be paid, and current value will continue to be tax base.

Mayor Polovitz closed the public hearing. Mr. Swanson advised council that based upon recommendations of the City's bond firm, Dorsey & Whitney, the appropri-ate action tonight has already been taken in the public hearing,

It was moved by Council Member Kulas and seconded by Council Member Hanson to introduce the resolution giving approval and continu-ing the matter to August 16, 1993 for final adoption pending filing of written protest. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson,
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Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3307, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC RIGHTS OF WAY SHOWN AS DEDICATED
ON THE PLAT OF BLUE PINES 2ND 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 Blue Pines 2nd Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 7, 1993, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The City Planning and Zoning Commission to whom was referred the matter of the request from CPS, Ltd. on behalf of Blazer and Durkin for final approval of the Blue Pines 2nd Addition to the city of Grand Forks, North Dakota (located in the southeast corner of DeMers Avenue and South 34th Street for development purposes.

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

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3308, AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
PEABODY'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 Peabody's First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 7, 1993, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Robert and Jeanine Peabody for final approval of Peabody's First Addition to the city of Grand Forks, ND
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lying in Grand Forks Township, Section 21, West Half of the Northeast Quarter (located east of South 20th Street extended between 32nd Avenue South and 36th Avenue South extended), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordi-nance amending the Street and Highway Plan.

It was moved by Council Member Hagness and seconded by Council Member Glass-heim that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3909, AMENDING ZONING MAP
TO INCLUDE WITHIN THE PEABODY PUD DISTRICT, CONCEPT
DEVELOPMENT PLAN, ALL OF PEABODY'S FIRST ADDITION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the B-3 (General Busi-ness) District and to include within the Peabody PUD (Planned Unit Develop-ment) District, Concept Development Plan, all of Peabody's First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 7, 1993, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Robert and Jeanine Peabody for final approval to amend the Zoning Map to exclude from B-3 (General Business) District and to include within the Peabody PUD (Planned Unit Development) District, Concept Development Plan, all of Peabody's First Addition to the city of Grand Forks (located east of South 20th Street extended between 32nd Avenue South and 36th Avenue South extended), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map.

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

Upon call for the question of adoption of this ordinance, and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hag-ness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3309.1, AMENDING THE STREET
AND HIGHWAY PLAN AS A PART OF THE MASTER PLAN TO
INCLUDE AS RESERVATIONS ALL THAT PORTION OF THE
EAST HALF OF EAST HALF OF SECTION 19, T151N, R50W,
OF 5TH PM

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An ordinance entitled "An ordinance to amend the Street and Highway Plan as a part of the Master Plan of the city of Grand Forks, North Dakota, to include as reservations all that portion of the East Half of the East Half of Section 19, T151N, R50W, of the 5th PM, more specifically described as the westerly 80 feet of the easterly 347 feet of said Section 19", which had been introduced and passed on its first reading on June 7, 1993, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date he had received no written protests on this matter.

Mayor Polovitz 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 vote the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the ordinance adopted.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that the final date for such protest shall be September 23, 1993 and the public hearing on any protests filed be October 4, 1993. Carried 13 votes affirmative.

ADOPT RESOLUTION VACATING PORTION OF UTILITY
EASEMENT LYING WITHIN INDUSTRIAL RESUBDIVISION
NO. 4, BLOCK 1, LOT 1

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate and discontinue a 10-foot wide utility easement lying within Industrial Resubdivision No. 4, Block 1, Lot 1 (more specifically described as lying within the westerly 10 feet of said Lot 1, excluding any portion of the northerly or southerly 10 feet thereof, which is also a part of the east-west utility easements), 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 his office.

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

It was moved by Council Member Hagness and seconded by Council Member Hoeppner that we do hereby find and determine an insufficiency of protest on the request for vacation. Carried 13 votes affirmative.

Council Member Hagness introduced the following resolution which was presented and read: Document No. 6103 - Resolution.

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

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Carpenter and seconded by Council Member Kulas that the consent agenda items be referred to committee as noted for investiga-tion and consideration. Carried 13 votes affirmative.

Finance Committee:
1) matter of rental of safe deposit box.
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Public Safety Committee:
1) matter of parking on Highland Court.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of June 30, 1993 was presented and read.

It was moved by Council Member Kulas and seconded by Council Member Glassheim that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment List No. 93-12, dated July 19, and totaling $1,220,235.97, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Hoeppner and seconded by Council Member Hanson that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

AUTHORIZE DEMOLITION OF BUILDINGS AT 318
NORTH 4TH STREET

Committee No. 1, Finance, reported having considered the matter of property at 318 North 4th Street, and recommended that we reject all bids, demolish the buildings and rebid as vacant lot.

Committee No. 4, Urban Development, reported having considered the matter of acquisition and demolition application, and recommended approval of the allocation of $5,500 for the demolition of the property at 318 North 4th Street, contingent upon finance committee's approval and rejecting of all bids.

It was moved by Council Member McCabe and seconded by Council Member Johnson that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

DENY APPLICATION FOR TAX INCREMENT FINANCING
FOR THEATRE COMPLEX

Committee No. 1, Finance, reported having considered the matter of request for tax increment financing on construction of 10-screen theatre complex, and recommended to deny the application.

It was moved by Council Member McCabe and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

ACCEPT BID FOR COMPUTERS FOR MIS DEPARTMENT

Committee No. 1, Finance, reported having considered the matter of quotes for computers for MIS Department, and recommended that we accept the bid of Gateway 2000 in the amount of $13,760.00.

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It was moved by Council Member McCabe and seconded by Council Member Johnson that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE REQUEST FOR MEDICAL LEAVES OF ABSENCE

Committee No. 1, Finance, reported having considered the matter of request by Michael Dorsher for extended medical leave of absence without pay, and recommended that we grant extension of medical leave without pay through October 8, 1993.

It was moved by Council Member McCabe and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Committee No. 1, Finance, reported having considered the request by Victoria Machovsky for extended medical leave of absence without pay, and recommended that we grant extension of medical leave without pay through September 21, 1993.

It was moved by Council Member McCabe and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

REMOVE PARKING ON EAST SIDE OF NORTH 23RD
STREET FROM ALLEY TO 1ST AVENUE NORTH

Committee No. 2, Public Safety, reported having considered the matter of removal of parking on the east side of North 23rd Street from Dyke to 1st Avenue North, and recommended that we remove parking on the east side of North 23rd Street from the alley to 1st Avenue North.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

INTRODUCE ORDINANCE RELATING TO MINIMUM
CHARGE FOR OUTSIDE FIRE PROTECTION

Committee No. 2, Public Safety, reported having considered the matter of minimum charge for outside fire protection, and recommended that we amend the ordinance to change minimum fee from $100.00 to $500.00 per year; and to change contract period from November 1-October 31 period to a calendar year; and that the proposed ordinance be introduced for first reading.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced an ordinance entitled "An ordinance amending Article 5, Chapter XII; Section 0501 of the Grand Forks City Code relating to the minimum charge for outside fire protection", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1993 (POLICE
DEPARTMENT)

Committee No. 2, Public Safety, reported having considered the matter of
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amending police department budget to include unanticipated cash carry-over in the amount of $730.00, and recommended that we approve and introduce ordinance to amend annual appropriations bill ordinance for first reading.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993" (police department), which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO THE REGULATION
OF ROLLER-SKATES AND SKATEBOARDS ON ROADWAYS

Committee No. 2, Public Safety, reported having considered the matter of rollerbladers on streets, and recommended to introduce the proposed ordinance for first reading.

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

Jim Templin, Emerado, stated he is a rollerblader, rollerbladers married to urban situation, perfectly adapted on streets, can do everything bicycle can; good for exercise, recreation and transit; asking for no prohibitions for rollerbladers; and would like to see the ordinance written same as bicycle ordinance.

There was some discussion relative to prohibiting roller-skating and skate-boarding on designated roadways, i.e., DeMers Avenue, Columbia Road, Gateway Drive, Washington Street, 17th Avenue South, 32nd Avenue South and 24th Avenue South.

It was moved by Council Member Lien to add Cherry Street to streets prohibited from roller skaters and skateboarders. The motion died for lack of a second.

It was moved by Council Member Hanson and seconded by Council Member McCabe to remove 24th Avenue South and 17th Avenue South from designed roadways listing where roller-skating and skateboarding prohibited.

After considerable discussion and upon call for the question on the amendment and upon roll call the following voted "aye": Council Members McCabe, Hanson, Glassheim, Beyer, Geller - 5; voting "nay": Council Members Hoeppner, Kulas, Crawford, Carpenter, Lien, Johnson, Hagness, Beach - 8. Mayor Polovitz declared the amendment defeated.

Upon call for the question on the motion, and upon voice vote, the motion carried 12 votes affirmative; 1 no vote by Council Member Hanson.

Council Member Crawford introduced an ordinance entitled "An ordinance adopting Article 24, Chapter VIII, of the Grand Forks City Code relating to the regulation of roller-skates and skateboards on roadways", which was presented, read and passed on its first reading.

ALLOW TABLES AND CHAIRS ON SIDEWALK, AND SET
HOURS

Committee No. 3, Public Service, reported having considered the matter of tables and chairs on sidewalk at 324 Kittson Avenue, Urban Stampede coffee bar, to restrict hours, and recommended that we approve hours as follows: 7:30 a.m. to 10:00 p.m. Monday through Thursday; 7:30 a.m. through 11:00 p.m.
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on Friday and Saturday; and 9:00 a.m. to 7:00 p.m. on Sundays, subject to signing of a hold harmless agreement.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

APPROVE CONCEPT OF DEVELOPING ADDITIONAL
PARKING UNDER COLUMBIA ROAD OVERPASS

Committee No. 3, Public Service, reported having considered the matter of request from UND to develop additional parking under Columbia Road overpass, and recommended approval of the concept subject to clarification of terms with city engineering department.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

AUTHORIZE PURCHASE OF STREET R/W IN PEABODY'S
FIRST ADDITION

Committee No. 3, Public Service, reported having considered the matter of purchase of South 20th Street R/W in Peabody's 1st Addition, and recommended that the City pay $10,000 to Mr. Peabody for the South 20th Street right of way and that the Park Board accept $10,000 in lieu of land as their 8% contribu-tion for park and open space purposes from Mr. Peabody; with funds to come from Highway Users' Fund.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE BUDGET FUND TRANSFER

A request to transfer $5,015.00 within the Stormwater budget for work under Project No 4035 and for roof repair at Station #82 was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this transfer be approved. Carried 13 votes affirmative.

DIRECT ENGINEER TO PREPARE DETAILED PLANS
AND SPECIFICATIONS FOR PUMP STATION #25,
PROJECT NO. 4050

Committee No. 3, Public Service, reported having considered the matter of Project 4050, upgrade pump station #25, and recommended to direct the city engineer to prepare detailed plans and specifications.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

AUTHORIZE ENTERING INTO ENGINEERING AGREEMENT FOR
PROJECT NO. 4056, CHLORINE SCRUBBER AT WATER PLANT

Committee No. 3, Public Service, reported having considered the engineering agreement for Project 4056, chlorine scrubber at water plant, and recommended that we enter into engineering agreement with Advanced Engineering to assist with design and related work in connection with construction of a chlorine
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scrubber system at the water treatment plant on an hourly basis in an amount not to exceed $18,000.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT 3974, DEMERS
AVENUE PHASE I

Committee No. 3, Public Service, reported having considered the matter of change order for Project 3974, DeMers Avenue Phase I, and recommended that we approve the change order in the net amount of $3,000.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 3, Public Service, reported having considered the change order for DeMers Avenue Reconstruction Project, phase II, Change Order #3, and recommended that the change order in the amount of $10,120.00 be approved.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 3, Public Service, reported having considered the change order for DeMers Avenue Reconstruction Project, Phase II, Change Order #2, and recommended that the change order in the amount of $3,300.00 be approved.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 519, PROJECT NO. 4108

The city auditor reported that the period for filing protests on the resolu-tion of necessity for the improvements in and for Paving District No. 519, Project No. 4108, paving Big Sky Circle, had expired on July 16, 1993, and that he had received no written protests.

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

Council Member Beyer introduced the following resolution as to protests which was presented and read: Document No. 6104 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that we do hereby find and determine an insufficiency of protest against Paving District No. 519, Project No. 4108, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
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RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, PAVING PROJECT NO.
4108, DISTRICT NO. 519

The city auditor presented and read tabulation of bids which had been received and opened on Monday, July 12, 1993 for Paving Project No. 4108, District No. 519, paving Big Sky Circle, indicating that Nodak Contracting was low bidder based upon their bid in the amount of $25,687.50: Document No. 6105 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4108, District No. 519, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4108, District No. 519, paving Big Sky Circle, and recommended that we accept the low bid of Nodak Contracting in the amount of $25,687.50.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6106 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution awarding the contract for Paving Project No. 4108, District No. 519, to Nodak Contracting be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

RECEIVE BIDS AND AWARD CONTRACT FOR PAVING
PROJECT NO. 3907, PAVING 17TH AVENUE SOUTH
AND SOUTH 42ND STREET

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 3907, paving 42nd Street and 17th Avenue South, and recommend-ed that we accept the low bid of Thorson, Inc., Bemidji, Mn in the amount of $202,460.00.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER DISTRICT NO. 334, PROJECT NO. 3821

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 3821, storm sewer in Richard's West Addition area, and declaration of intent to sell bonds, and recommended that we pass a resolution creating the special assessment dis-trict, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the engineer to prepare detailed plans and specifications; and further that we adopt declaration of intent to sell bonds.

It was moved by Council Member Beyer and seconded by Council Member Glassheim
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that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced the following resolution creating the assess-ment district which was presented and read: Document No. 6107 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT
NO. 334, PROJECT NO. 3821

The city auditor presented and read the engineer's report on Sewer District No. 334, Project No. 3821: Document No. 6108 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER DISTRICT NO. 334, PROJECT
NO. 3821

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6109 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER DISTRICT NO. 347, PROJECT NO. 4121

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for Project No. 4121, District No. 347, sanitary sewer on South 20th Street, and recommended that we pass a resolution creating the special assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications; and that we adopt declaration of intent to sell bonds.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced the following resolution creating the assess-ment district, which was presented and read: Document No. 6110 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT NO.
347, PROJECT NO. 4121

The city auditor presented and read the engineer's report on Sewer District
13206
July 19, 1993

No. 347, Project No. 4121: Document No. 6111 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SEWER DISTRICT NO. 347, PROJECT NO. 4121

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6112 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN DISTRICT NO. 228, PROJECT NO. 4122

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4122, District No. 228, watermain on South 20th Street, and recommended that we pass a resolution creating the special assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications; and further that we adopt declaration of intent to sell bonds.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced the following resolution creating the assess-ment district, which was presented and read: Document No. 6113 - Resolution.