Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 2, 1993

The city council of the city of Grand Forks, North Dakota met in its regular session in the in the Civic Audito-rium on Monday, August 2, 1993 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Hoeppner, Kulas, Glassheim Crawford, Carpenter, Lien, Beyer, Johnson, Hagness - 9; absent: Council Members McCabe, Hanson - 2.

Mayor Polovitz announced that anyone who wishes to speak regard-ing any item may be recognized and do so before the vote is taken on the matter.

APPROVE MINUTES JUNE 7, 1993

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, June 7, 1993 were presented and read. It was moved by Council Member Lien and seconded by Council Member Kulas that these minutes be approved as read. Carried 9 votes affirmative.

ADOPT ORDINANCE NO. 3310, RELATING TO TRANSFER
OF AUTHORITY FOR FIRE AND EMERGENCY ALARM SYSTEMS
TO PSAP (PUBLIC SAFETY ANSWERING POINT)

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 and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hoeppner, Kulas, Glassheim, Crawford, Carpenter, Lien, Beyer, Johnson, Hagness - 9; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

COUNCIL MEMBERS SHORES AND GELLER REPORTED
PRESENT

ADOPT ORDINANCE NO. 3311, RELATING TO MEMBERSHIP
OF THE REGIONAL AIRPORT AUTHORITY TO INCREASE
NUMBER OF MEMBERS

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

Howard Swanson, city attorney, advised council that ordinance will require joint action by this body and by the County Commission for final approval.

Dave Molmen, 398 Woodland Circle, member of Airport Authority Board, stated that he is confident that if the council and county commission elects to add to the numbers of the authority board, that those new members that are appointed will work hard and attempt their best to do a good job, and attempt to add something to the authority board's action, however, he was having hard time understanding what the immediate benefits and aims of that would be, if the aims are liaison, feels that they have that already in ex-officio members who have done a good job in an advisory capacity; if it's oversight, think it introduces something into the process, which the creation of the authority board was intended to obviate and perhaps even places the representatives in a
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double jeopardy situation themselves, and would also be very conscious of the time commitment.

After some discussion and upon call for the question and upon roll call vote, the following voted "aye": Council Members Hagness, Johnson, Beyer, Crawford, Glassheim, Hoeppner - 6; voting "nay": Council Members Geller, Shores, Lien, Carpenter, Kulas - 5. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3312, RELATING TO THE MEMBERSHIP
OF THE REGIONAL AIRPORT AUTHORITY TO INCLUDE
QUALIFICATIONS

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

Mr. Swanson advised that this ordinance will require joint action by this body and by the county commission for final approval. He also reported that he had contacted the FAA to get their license requirements, that ordi-nance before the council does not use the word current or currency because that is not a term utilized by the FAA, they use terminology similar to what we have included, which provides "...shall be fully authorized to fly air-craft..", they inter-pret that to include physical require-ments as well as having the individual license and they have drafted the ordi-nance to incorporate those requirements.

Brian Pfeiffer, 2122 Westward Drive, stated that he is pilot, one has to have aviation certificate and also a current medical, and that to maintain your currency you do have to take a biennial flight review.

Mr. Swanson reported that the language drafted in the ordinance would include whatever requirements the FAA would require.

Clint Rodningen, 2102 8th Avenue North, stated that he would like to encourage members of the city council that at least one member of that board should be a pilot that flies; need that input on that board.

COUNCIL MEMBER LIEN EXCUSED

After further discussion and upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hoeppner, Kulas, Glassheim, Crawford, Carpenter, Beyer, Shores, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3313, RELATING TO MINIMUM
CHARGE FOR OUTSIDE FIRE PROTECTION

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 had been introduced and passed on its first reading on July 19, 1993, was presented and read for consideration on second reading.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hoeppner, Kulas, Glassheim, Crawford, Carpenter, Beyer, Shores, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3314, RELATING TO
REGULATION OF ROLLER-SKATES AND SKATEBOARDS
ON ROADWAYS
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An ordinance entitled "An ordinance adopting Article 24, Chapter VIII, of the Grand Forks City Code relating to the regulation of rollerskates and skate-boards on roadways", which had been introduced and passed on its first reading on July 19, 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 Hoeppner, Kulas, Glassheim, Crawford, Carpenter, Shores, Geller, Johnson, Hagness - 9; voting "nay": Council Member Beyer. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3315, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE (POLICE DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993" (police department), which had been introduced and passed on its first reading on July 19, 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 Hoeppner, Kulas, Glassheim, Crawford, Carpenter, Beyer, Shores, Geller, Johnson, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 94, PROJECT NO. 4103

The city auditor reported that the period for filing protests on the resolu-tion of necessity for the improvements in and for Street Lighting District No. 94, Project No. 4103, street lighting on 27th Avenue South from South 25th Street to South 20th Street, and on South 21st Street from 27th Avenue South to 30th Avenue South, had expired on July 30, 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 Glassheim introduced the following resolution as to protests which was presented and read: Document No. 6130 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 94, Project No. 4103, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 10 votes affirmative.

COUNCIL MEMBER LIEN REPORTED BACK

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 95, PROJECT NO. 4104

The city auditor reported that the period for filing protests on the resolu-tion of necessity for the improvements in and for Street Lighting District No. 95, Project No. 4104, on South 38th Street from the north boundary of Birk-holz' 4th Addition south to the north lot line of Lot 10, Block 3 of Birkholz' 4th Addition; and on 22nd Avenue South from South 38th Street east to the east lot line of Lot 3, Block 3, and on South 36th Street from the north boundary of Birkholz' 4th Addition south to the south lot line of Lot 1, Block 3, Birkholz' 4th Addition, had expired on July 30, 1993, and that he had received no written protests.

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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 Glassheim introduced the following resolution as to protests which was presented and read: Document No. 6131 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Hoeppner that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 95, Project No. 4104, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 11 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 96, PROJECT NO. 4105

The city auditor reported that the period for filing protests on the resolu-tion of necessity for the improvements in and for Street Lighting District No. 96, Project No. 4105, installation of street lighting on 14th Avenue South from the west lot line of Lot 2, Block 1, Johnson's 2nd Addition, east to South 35th Street, then south to 15th Avenue South and west on 15th Avenue South to the west lot line of Lot 17, Block 1, Johnson's 2nd Addition, and in Norland and Norchip Circles, had expired on July 30, 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. 6132 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Shores that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 96, Project No. 4105, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 11 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 98, PROJECT NO. 4107

The city auditor reported that the period for filing protests on the resolu-tion of necessity for the improvements in and for Street Lighting District No. 98, Project No. 4107, installation of street lighting on Homestead Circle, had expired on July 30, 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 Carpenter introduced the following resolution as to protests which was presented and read: Document No. 6133 - Resolution.

It was moved by Council Member Carpenter and seconded by Council Member Shores that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 98, Project No. 4107, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 11 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 99, PROJECT NO. 4119

The city auditor reported that the period for filing protests on the resolu-tion of necessity for the improvements in and for Street Lighting District No. 13224
August 2, 1993

99, Project No. 4119, installation of street lighting on Lynwood Circle, had expired on July 30, 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 Hoeppner introduced the following resolution as to protests which was presented and read: Document No. 6134 - Resolution.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 99, Project No. 4119, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 11 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL COST,
AND AWARD CONTRACT, STREET LIGHTING PROJECT NOS. 4103,
DISTRICT NO. 94; PROJECT NO. 4104, DISTRICT NO. 95;
PROJECT NO. 4105, DISTRICT NO. 96; PROJECT NO. 4107,
DISTRICT NO. 98; AND PROJECT NO. 4119, DISTRICT NO. 99

The city auditor presented and read tabulation of bids which had been received and opened on July 19, 1993 for Street Lighting Project Nos. 4103, 4104, 4105, 4107 and 4119, indicating that Bergstrom Electric, Inc. was the low bidder based upon their bids in the amounts of $12,400.50, $10,485.50, $11,840.00, $1,520.00 and $720.00, respectively, for a total bid of $36,966.00: Document No. 6135 - Bid Tabulation.

The city engineer's estimates of total cost on Street Lighting Project Nos. 4103, 4104, 4105, 4107 and 4119 in the amounts of $16,000.00, $14,000.00, $15,000.00, $2,000.00, and $1,000.00, respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the bids for Project No. 4103, District 94, street lighting on 27th Avenue South and South 21st Street; Project No. 4104, District 95, street lighting in Birkholz' 4th Addition; Project No. 4105, District 96, street lighting in Johnson's Addi-tion; Project No. 4107, District 98, street lighting in Sunbeam 5th; Project No. 4119, District 99, street lighting in Lynwood Circle; and Project No. 4094, street lighting in Burdick's Resubdivision; and recommended that we accept the low bid of Bergstrom Electric, Inc. as follows: Project No. 4103 in the amount of $12,400.50, Project No. 4104 in the amount of $10,485.50, Project No. 4105 in the amount of $11,840.00, Project No. 4107 in the amount of $1,520.00, and Project No. 4119 in the amount of $720.00, for a total bid of $36,966.00; and further that we reject the bid for Project No. 4094 in the amount of $14,510.00.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 6136 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that the resolution awarding the contract for Street Lighting Projects Nos. 4103, 4104, 4105, 4107, and 4119, to Bergstrom Electric, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Hoeppner, Kulas, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

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DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 521, PROJECT NO. 3888

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. 521, Project No. 3888, paving 11th Avenue South from South 30th Street to South 34th Street, 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 Hoeppner introduced the following resolution as to protests which was presented and read: Document No. 6137 - Resolution.

It was moved by Council Member Hoeppner and seconded by Council Member Shores that we do hereby find and determine an insufficiency of protest against Paving District No. 521, Project No. 3888, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 11 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, PAVING PROJECT NO.
3888, DISTRICT NO. 521

The city auditor presented and read the tabulation of bids which had been received and opened on July 19, 1993 for Paving Project No. 3888, District No. 521, paving 11th Avenue South from South 30th Street to South 34th Street, indicating that Nodak Contracting was low bidder based upon their bid in the amount of $258,365.00: Document No. 6138 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 3888, District No. 521, in the amount of $191,000.00, was presented and read. (Note contract cost $258,365.00 less $108,104.00, which is paid by Medical Park and the City).

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 3888, District 521, paving 11th Avenue South from South 30th Street to South 34th Street, and recommended that we accept the low bid of Nodak Contracting in the amount of $258,365.00.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 6139 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that this resolution awarding the contract for Paving Project No. 3888, District No. 521, to Nodak Contracting be and is hereby adopted. Upon roll call the following voted "aye": Council Members Hoeppner, Kulas, Glass-heim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Beyer and seconded by Council Member Kulas that the consent agenda items be referred to committee as noted for investigation, consideration and report back with recommendation. Carried 11 votes affirma--
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tive.

Public Safety Committee:
1) request by Phi Delta Theta Fraternity to hold dances.

REPORT OF BOARD OF ADJUSTMENTS

A communication from Bruce Melin, building inspector, was presented and read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Thursday, July 12, 1993, that notice had been published as required and that the following appeals for variance were heard: 1) Wallace Osen, 924 N. 15th Street, request for variance to the accessory building requirements for placement of a detached garage, with motion to allow a 14" variance to the south garage side yard from 5' to 3'10" as per plan, which was approved; 2) C.N. Partnership, 2017 DeMers Avenue, request for variance to the off-street parking requirements for a parking lot, with motion to allow a variance of 6' from 26' to 20' for the aisle width between stall line from the frontage road south of DeMers Avenue 95' south; reduction in parking stall depth from a point 30' south of the frontage road to a point 95' south of the frontage road; reduction from 10' to a minimum of 2 1/2' for the landscape to drive area from 20' south of frontage road line, extended east, to 95' south of frontage road; and reduction from 10' to a minimum of 2 1/2' for the landscape to drive area on Lots H and 8, abutting the frontage road and South 20th Street, which was approved; 3) Rodney Olson, 1322 Dyke Avenue, request for variance to the side yard setback requirements and to the landscaping require-ments for construction of an addition to the building, with motion to allow variance to the side yard setback from 15' to 2'4" and the landscape setback from 10' to 2'4" for an addition which lines up with the existing building, which was approved.

It was moved by Council Member Shores and seconded by Council Member Beyer to receive and file. Carried 11 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 93-13, dated August 2, 1993, and totaling $884,332.45, all having been audited by the city auditor for payment in accordance with Regulation No. 2.

It was moved by Council Member Kulas and seconded by Council Member Shores 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 Hoeppner, Kulas, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE APPLICATIONS FOR THREE-YEAR REMODELING
EXEMPTIONS

Committee No. 1, Finance, reported having considered the applications for three-year remodeling exemptions: a) 217-219 South 4th Street; b) 407 DeMers Avenue; and c) 502 South 9th Street; and recommended that the applications be approved.

It was moved by Council Member Kulas and seconded by Council Member Shores that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Hoeppner, Kulas, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.


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INTRODUCE ORDINANCE RELATING TO CHARGES FOR
WATER BILLING AND DELINQUENT ACCOUNTS

Committee No. 1, Finance, reported having considered the matter of change in service fees charged under Section 15-0118 of the City Code relating to water shut-offs, and recommended that an ordinance be introduced to cover charges as follows: $10.00 for new account setup fee; $5.00 charge when card notices are written; $5.00 charge when curb box is located and flagged; $20.00 shut-off charge (during business hours); $40.00 shut-off charge (after business hours); and $15.00 bad check charge.

It was moved by Council Member Kulas and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

Council Member Kulas introduced an ordinance entitled "An ordinance amending Section 15-0118 of the Grand Forks City Code relating to charges for water billing and delinquent accounts", which was presented, read and passed on its first reading.

APPROVE VOICE MAIL FOR CITY HALL

Committee No. 1, Finance, reported having considered the proposal for voice mail for City Hall, and recommended approval of the proposal to obtain voice mail for department heads in City Hall at a cost of $11,190.00.

It was moved by Council Member Kulas and seconded by Council Member Shores that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Hoeppner, Kulas, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE RENTAL OF SAFE DEPOSIT BOX

Committee No. 1, Finance, reported having considered the matter of rental of safe deposit box, and recommended approval of rental of safe deposit box and required resolution.

It was moved by Council Member Kulas and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

APPROVE CHANGE IN JOB DESCRIPTIONS FOR CITY
AUDITOR AND DEPUTY CITY AUDITOR

Committee No. 1, Finance, reported having considered the matter of change in job descriptions of city auditor and deputy city auditor, and recommended that the change in job descriptions be approved as follows: Basic Requirements, Experience: A minimum of eight years or progressively responsible public finance experience, including five years of experience in a position equiva-lent to Accountant II, also including two years in an administrative or supervisory capacity.

It was moved by Council Member Kulas and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

MATTER OF AUTHORIZING/RECORDING FLOOD
EXPENSES

Committee No. 1, Finance, reported having considered the matter of recording
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of flood expenses, and recommended that we adopt a resolution authorizing any emergency expenditure which relates to the damages caused by a flood.

It was moved by Council Member Kulas and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

APPROVE BUDGET TRANSFER

A request for transfer of $7,800.00 within the civic auditorium budget from Wages & Salaries, Permanent, to Wages & Salaries, Temporary, was presented and read. It was moved by Council Member Kulas and seconded by Council Member Shores that this transfer be and is hereby approved. Carried 11 votes affirmative.

APPROVE REQUEST BY ND ASSN. FOR DISABLED
TO HOLD WHEELATHON AND 10K RACE

Committee No. 2, Public Safety, reported having considered the request by the North Dakota Assn. for Disabled to hold 9th Annual Run the Red Wheelathon and 10K Race on Sunday, September 12, and recommended that the request be ap-proved, subject to coordinating the event with the police department, and subject to signing of an indemnity and hold harmless agreement.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE NO PARKING IN HIGHLAND COURT

Committee No. 2, Public Safety, reported having considered the matter of parking on Highland Court and recommended approval and rewording of the sign to read "no parking in cul-de-sac 8:00 a.m. to 4:00 p.m. Monday through Friday", with the sign to be installed before school starts.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE TRANSFER OF LIQUOR LICENSE AT 23 SOUTH
3RD STREET TO WPS, INC.

Committee No. 2, Public Safety, reported having considered the matter of transfer of Faces alcoholic beverage license at 23 South 3rd Street to WPS, Inc. and recommended that the application be approved, subject to police, fire, health and city attorney's approval.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

RECEIVE AND FILE MATTER OF LEASH LAW FOR
CATS

Committee No. 2, Public Safety, reported having considered the matter of leash law for cats, and recommended to receive and file.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

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COUNCIL MEMBER BEACH REPORTED PRESENT

HOLD REQUEST TO PARK ON BERM AT 628 7TH
AVENUE SOUTH

The city auditor reported that Sue Russell, 628 7th Avenue South, had request-ed this matter be held for two weeks. It was moved by Council Member Beyer and seconded by Council Member Glassheim to send the matter back to committee.

AUTHORIZE ENTERING INTO AGREEMENT FOR INSPECTION
OF WARRANTEE WORK FOR PROJECTS 3297 AND 3413

Committee No. 3, Public Service, reported having considered the matter of hiring consultant to inspect Sewer Separation/Rehab. projects for required warrantee work (Sanitary Sewer Rehab. Projects 3297, Areas 3 and 4C, and Project No. 3413, Area 4A), and recommended that we approve entering into the agreement with Webster, Foster & Weston in the amount of $14,681.00, with 10% contingen-cies included in the estimated cost.

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, Hoeppner, Kulas, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR SEWER
PROJECT NO. 4121

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4121, sanitary sewer on South 20th Street, and recommended that we approve plans and specifi-cations for sanitary sewer on South 20th Street, Project No. 4121, authorize entering into a two-way agreement with the developer and with City to provide engineering and inspection at 7% of construction cost; and further to autho-rize development in the City right of way.

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, Hoeppner, Kulas, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR WATERMAIN
PROJECT NO. 4122

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4122, watermain on South 20th Street, and recommended that we approve plans and specifications for watermain on South 20th Street, Project No. 4122, authorize entering into two-way agreement with the developer and with the City to provide engineering and inspection at 7% of construction cost; and further to authorize development in City right of way.

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, Hoeppner, Kulas, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PAVING
PROJECT NO. 4124
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Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4124, paving on South 20th Street, and recommended that we approve plans and specifications for paving on South 20th Street, Project No. 4124, authorize entering into two-way agreement with the developer, and with the City to provide engineering and inspection at 7% of construction cost; and authorize development in City right of way.

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, Hoeppner, Kulas, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4116, PAVING
DISTRICT NO. 520

The city engineer's estimate of total cost of the construction of paving Homestead Circle in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of approving plans and specifications for Project No. 4116, District No. 520, paving Homestead Circle, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project and set the date for opening bids as August 23, 1993.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6140 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4129, PAVING
DISTRICT NO. 525

The city engineer's estimate of total cost of the construction of paving 11th Avenue South from South 34th Street to South 36th Street in the amount of
$ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4129, District No. 525, paving 11th Avenue South from South 34th Street to South 36th Street, and recommended that we pass a resolution approving the plans and specifications for this construc-tion and further that the city auditor be directed to advertise for bids on the project and set the date for opening bids as August 30, 1993.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirm-tive.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6141 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim
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that this resolution be and is hereby adopted. Carried 12 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4087, PAVING
DISTRICT 524

The city engineer's estimate of total cost of the construction of paving in Birkholz' 4th Addition (2100 block of South 36th Street, 3600 and 3700 blocks of 22nd Avenue South and 2200 and 2300 blocks of South 38th Street) in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4087, District 524, paving in Birkholz' 4th Addition, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project and set the date for opening bids as August 23, 1993.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6142 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Carried 12 votes affirmative.

RECEIVE AND FILE MATTER OF PAVING ON SOUTH
50TH STREET, PROJECT NO. 4098

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4098, paving South 50th Street, and recommended to receive and file.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

APPROVE BUDGET TRANSFERS

A request to transfer $10,804.00 within the wastewater department budget was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this transfer be and is hereby approved. Carried 12 votes affirmative.

A request to transfer $14,589.21 within the sanitation department budget was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this transfer be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE PROCEEDING WITH ACQUISITION OF
ADVANCE RIGHT OF WAY ON DEMERS AVENUE

Committee No. 3, Public Service, reported having considered the matter of appraisals for acquisition of advance R/W on DeMers Avenue, and recommended that we proceed with the purchase of the two properties (see attached descrip-tions) in the amount of $976,000, with excess monies to be paid from Highway Users Funds; to apply the City's money from Highway Users to the 42nd and DeMers interchange because of greater potential of appreciation on that land, and if City in an entrepreneurial position, would protect that position.
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August 2, 1993

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

Council Member Lien reported that he had looked at plat and there is legal coulee on back part of 42nd and DeMers property; and land worthless as far as development concerned. Mr. Bushfield reported that regulations on flood plain do allow filling of the flood plain but not of floodway; and it was noted that the proper-ty is in the flood plain.

It was noted that the State Highway Department is participating in the amount of $750,000 and City $226,000; and if this project doesn't develop in 10 years or project at DeMers and Washington Street, State would have to repay federal government.

Mr. Bushfield reported that he called DOT relative to questions committee had asked, and read from the letter received from the Dept. of Transportation: 1) whether funds could be increased from $750,000 to $976,000, the answer was no, and their response was that these are R/W revolv-ing loan funds which are difficult to obtain, the amount is limited and must be requested each year, 2) whether one or both of these projects don't materialize, and the property is later resold at a higher value, would the City be able to keep the profits, the answer is yes; the only requirement is to pay back the amount received, and the State DOT and the agreement we earlier signed will do that.