Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, May 2, 1994

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, May 2, 1994 at the hour of 8:20 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Johnson, Hagness - 12; absent: Council Member Geller - 1.

Mayor Polovitz announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the issue.

APPROVE MINUTES OF MAY 2, 1994

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, May 2, 1994 were presented and read. It was moved by Council Member Carpenter and seconded by Council Member Johnson that these minutes be approved as read. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3409, ANNEXING GOLDEN
VALLEY SECOND ADDITION TO THE CITY OF GRAND
FORKS

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Golden Valley Second Addition", which had been introduced and passed on its first reading on April 18, 1994, was presented and read for consideration on second reading and final passage.

The 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.

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, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

COUNCIL MEMBER LIEN REPORTED PRESENT

ADOPT ORDINANCE NO. 3410, RELATING TO FEE
FOR EXCURSION BOAT LIQUOR LICENSE

An ordinance entitled "An ordinance amending Sections 21-0106(4) and 21-0210(3) of the Grand Forks City Code relating to the excursion boat liquor license fee", which had been introduced and passed on its first reading on April 18, 1994, 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, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3411, RELATING TO PENALTIES
FOR FIRE LANE PARKING VIOLATIONS

An ordinance entitled "An ordinance adopting Section 8-0936(5) of the Grand Forks City Code relating to penalties for fire lane parking violations", which 13526
May 2, 1994

had been introduced and passed on its first reading on April 18, 1994, 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, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

HOLD PUBLIC HEARING, AND APPROVE APPLICATION
BY RICHARD NELSON, VALLEY GLASS, FOR PROPERTY
TAX EXEMPTION ON NEW FACILITY

The city auditor reported that pursuant to the provisions of Section 40-57.1 of the North Dakota Century Code, notice had been given that the city council would meet this evening to consider the application of Richard Nelson, Valley Glass, 1501 Dyke Avenue, for a five-year exemption of ad valorem taxation on a facility to be constructed on Lots 1, 2, 3, 4, 5 and 6, Block 17, Budge & Eshelman's Third Addition to the city of Grand Forks, North Dakota, which the applicant will use in the operation of his business, 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 no comments and Mayor Polovitz closed the public hearing.

It was moved by Council Member Kulas and seconded by Council Member McCabe that we do find and determine an insufficiency of protest on the application. Carried 13 votes affirmative.

It was moved by Council Member Kulas that we approve the application and grant a five-year exemption as follows: 100% for the first year, 80% for the second year, 60% for the third year, 40% for the fourth year, and 20% for the fifth year. The motion was seconded by Council Member McCabe.

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

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 724 SOUTH 18TH STREET

The city auditor reported that the notice of public hearing on the application by Richard G. Swangler to move building from 814 North Columbia Road to 724 South 18th Street to be used as a single family residence had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the matter of application for moving permit by Richard G. Swangler to move building from 814 North Columbia Road to 724 South 18th Street, and recommended that we approve the application, contingent upon the public hearing.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved and further that Mr. Swangler be and is hereby authorized to move the building. Carried 13 votes affirmative.

REPORTS OF OFFICERS
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May 2, 1994

The city Auditor's Statement of portfolio master summary and investment activity summary for period May 1993 through April 1994 was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Glassheim that this report be and is hereby received and filed. Carried 13 votes affirmative.

REPORT OF BOARD OF ZONING 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, April 21, 1994, that notice had been published as required and that the following appeals for variances were heard: 1) Ronald W. Hahn, 1804 15th Avenue South, request for variance to accessory building requirements to construct an addition to the garage, which was allowed as follows: a 2.5 ft. variance to erect an addition to the garage, which is a reduction from 20 ft. to 17.5 ft. from the second front yard allowing the new and existing garages to line up; 2) Darcy F. Kanta, 4698 Cherry Street, request for variance to the front yard setback requirements to construct a dwelling, which was allowed as follows: a reduction in the second front yard setback from 20 ft. to 14 ft., a reduction of 6 ft.; 3) RED, Inc. (Grant Hensrud; agent: RSP Architects, Ltd.), 1416 South Washington Street, request for variance to the front yard setback requirements to erect an addition to the building, which was allowed as follows: a reduction from 25 ft. to 18 ft for a front addition, and that the variance applies to the small area (7 ft.-
8 ft.) which is west of the frontage road off South Washington Street; 4) Terry Litchy and Jack Dencker, 1551 28th Avenue South, request for variance to the landscaping requirements to construct a building, which was allowed as follows: a reduction from 15 ft. to 12 ft. in a Type E landscaping buffer yard with no reductions in trees, shrubs or fence; that the rear or south landscape curbing be postponed to allow future expansion of the parking lot, at which time all curbing shall be installed. It was also reported that the city attorney met with the Board and discussed its powers and limitations.

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

APPROVE BILLS

Vendor Payment Listing No. 94-07, dated May 2, 1994 and totaling $1,430,947.19, 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 Hanson and seconded by Council Member Hoeppner 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, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

ADOPT RESOLUTION AUTHORIZING ISSUANCE
OF REVENUE BONDS TO FINANCE A PROJECT FOR
THE UNITED HOSPITAL

Committee No. 1, Finance, reported having considered the matter of proposed resolution authorizing issuance of revenue bonds to finance a project for the United Hospital, and recommended adoption of the resolution relating to the Municipal Industrial Development Act, authorizing issuance of revenue bonds to finance a project for The United Hospital, and authorizing execution and delivery of documents relating thereto.

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

Council Member Shores introduced a resolution which was presented and read: Document No. 6231 - Resolution.

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

COUNCIL MEMBER HAGNESS EXCUSED

ADOPT RESOLUTION AND APPROVE AGREEMENT WITH
AMERICAN NATIONAL BANK AND TRUST COMPANY FOR
SAFEKEEPING OF INVESTMENTS

Committee No. 1, Finance, reported having considered the matter of safekeeping of investments with American National Bank and Trust Company, St. Paul, MN and recommended that we approve resolution authorizing and empowering the city auditor to enter into agreements, contracts, and arrangements with respect to security transactions, and enter into agreement with American National Bank and Trust to provide safekeeping services for the City's investments.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Shores introduced a resolution which was presented and read: Document No. 6232 - Resolution.

It was moved by Council Member Shores and seconded by Council Member McCabe that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

APPROVE APPLICATIONS FOR THREE-YEAR EXEMPTION
OF TAXES ON IMPROVEMENTS TO PROPERTY

Committee No. 1, Finance, reported having considered the applications for three-year tax exemption on improvements: a) 511 North 3rd Street; b) 1314 University Avenue; c) 1614-1616 12th Avenue South; d) 4333 North 16th Street; and e) 505 Oak Street, and recommended approval of the applications.

It was moved by Council Member Shores and seconded by Council Member McCabe 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, Shores, Johnson - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGES IN JOB DESCRIPTIONS FOR
COMMUNICATION TECHNICIANS

Committee No. 1, Finance, and Committee No. 2, Public Safety, reported having considered the matter of changes in PSAP job descriptions: communication technician II and public safety communications technician, and recommended
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approval of the revised job descriptions.

It was moved by Council Member Shores and seconded by Council Member McCabe that these recommendations be and are hereby approved. Carried 12 votes affirmative.

RECEIVE AND FILE MATTER OF MUNICIPAL FIRE
INSURANCE PROJECT

Committee No. 1, Finance, reported having considered the matter of municipal fire insurance project, and recommended that we receive and file the report and that no further action be taken.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE FINANCING OF FLOOD CONTROL STUDY
FROM INFRASTRUCTURE RESERVE ACCOUNT, AND
INTRODUCE ORDINANCE TO AMEND SALES TAX ORDINANCE

Committee No. 1, Finance, reported having considered the matter of setting sale of $486,000 G.O. Bonds for flood control study, and recommended that we amend ordinance to reflect definition of words "improvement" and "infrastructure" in the sales tax ordinance, and to approve payment of study costs in the amount of $426,000 out of sales tax monies.

It was moved by Council Member Shores and seconded by Council Member McCabe 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, Shores, Johnson - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

Council Member Shores introduced an ordinance entitled "An ordinance


which was presented, read and passed on its first reading.

COUNCIL MEMBER HAGNESS REPORTED BACK

APPROVE REQUEST FROM AMERICAN LEGION TO
DISTRIBUTE POPPIES ON CITY STREETS ON MAY 21

Committee No. 2, Public Safety, reported having considered the matter of American Legion poppy sales on may 21, 1994, and recommended approval of the request.

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

APPROVE REQUEST FROM DYNAMIC AUDIO FOR WAIVER
OF NOISE ORDINANCE TO HOLD CAR STEREO COMPETITION
ON AUGUST 20-21, 1994

Committee No. 2, Public Safety, reported having considered the request from Dynamic Audio for waiver to noise ordinance to hold "sound off" car stereo competition on August 20-21, 1994 from 9:00 a.m. to 4:00 p.m. at K-Mart parking lot, and recommended approval of the request.

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

APPROVE REQUEST BY CENTRAL BUSINESS DISTRICT
TO HOLD THIRD ANNUAL FORX FEST ON JULY 30, 1994

Committee No. 2, Public Safety, reported having considered the request by Central Business District Association to hold Third Annual Forx Fest on July 30, 1994, and recommended approval of the request, subject to coordinating the event with the police department, and waiver of the noise ordinance until 1:00 a.m.

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

AUTHORIZE "RIGHT TURN ONLY" AT 14TH AVENUE
SOUTH AND COLUMBIA ROAD (SOUTHWEST CORNER)

Committee No. 2, Public Safety, reported having considered the matter of "right turn only" sign at 14th Avenue South and Columbia Road, southwest corner of intersection, and recommended that the street department sign and stripe 14th Avenue South for a left and through combined lane and a "right turn only" lane at that intersection.

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

APPROVE HANDICAPPED PARKING SPACE AT 1324
6TH AVENUE NORTH

Committee No. 2, Public Safety, reported having considered the request for handicapped parking at 1324 6th Avenue North, and recommended approval of the request.

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

APPROVE BUDGET AMENDMENT TO HEALTH DEPARTMENT
BUDGET, AND INTRODUCE ORDINANCE

Committee No. 2, Public Safety, reported having considered the request by the health department to amend their budget to reflect cash carry-over and unanticipated revenue for Food Service Seminar in the amount of $980.00, and recommended approval of the amendment.

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

Council Member Crawford introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (health department), which was presented, read and passed on its first reading.

APPROVE VARIANCE TO DRIVEWAY REGULATIONS FOR
SIMONSON'S STATION AT 1402 SOUTH WASHINGTON STREET

Committee No. 3, Public Service, reported having considered the matter of
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driveway width variance for Simonson's gas station at 1402 South Washington Street, and recommended approval of request for variance to allow an additional 10 ft.

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

APPROVE REQUEST BY FLOOR TO CEILING STORE
TO PAVE ACCESS TO PROPERTY ON CITY RIGHT OF WAY

Committee No. 3, Public Service, reported having considered the matter of request by Floor to Ceiling Store, 2475 South Washington Street, to pave access to property on City right of way, and recommended approval of request contingent upon signing of an indemnity and hold harmless agreement, and also if there is need to excavate City right of way for repair of utilities, etc. they would agree to repair at their expense.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4117, RENOVATION OF BUILDING FOR PUBLIC WORKS
FACILITY

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project 4117, renovation of public works facility (Coca-Cola building), and recommended approval of plans and specifications and to proceed with call for bids.

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

APPROVE AGREEMENT FOR ENGINEERING SERVICES FOR
WATER PLANT IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of engineering agreement for City Project 4045, surface water treatment rule improvements at water plant, phase I, Project No. 4202, standby power for water treatment plant and sludge plant, and Project No. 4056, chlorine scrubber, and recommended approval of agreement for engineering services with Advanced Engineering & Environmental Services, Inc. at an hourly rate with a maximum payment for labor and expenses of $576,000.

It was moved by Council Member Beach 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, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR UTILITIES
IN KUSTER 3RD BY DEVELOPER

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project 4208, sanitary sewer; Project 4209, watermain; Project 4210, storm sewer; and Project 4211, paving in Kuster 3rd, and recommended approval of plans and specifications for the projects.

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

APPROVE SIDEWALK LIST NO. 1

Committee No. 3, Public Service, reported having considered the matter of 1994 Sidewalk List No. 1, and recommended that Sidewalk List No. 1 be approved, with deletion of curbing on South 12th Street.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL COST,
AND AWARD CONTRACT FOR SEWER PROJECT NO. 4206, DISTRICT
NO. 347, AND WATERMAIN PROJECT NO. 4207, DISTRICT NO.
231

The city auditor presented and read tabulation of bids which had been received and opened on Monday, April 25, 1994 for Sewer Project No. 4206, District No. 347, and Watermain Project No. 4207, District No. 230, sanitary sewer on South 21st Street and watermain on South 21st Street and 26th Avenue South, indicating that Geo. E. Haggart, Inc., Fargo, was low bidder based upon their bids in the amounts of $20,214.70 and $36,649.70, respectively, for a total combined bid of $56,846.40: Document No. 6233 - Bid Tabulation.

The city engineer's estimates of total cost on Sewer Project No. 4206, District No. 347, and Watermain Project No. 4207, District No. 231, in the amounts of $ , and $ , were presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Sewer Project No. 4206, District No. 347, sanitary sewer on South 21st Street, and Watermain Project No. 4207, District No. 231, watermain on South 21st Street and 26th Avenue South, and recommended that we accept the low bid of Geo. E. Haggart, Inc., Fargo, in the amount of $20,214.70 for Sewer Project No. 4206, and $36,649.70 for Watermain Project No. 4207, for a total combined bid of $56,846.40.

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

Council Member Beach introduced the following resolution which was presented and read: Document No. 6234 - Resolution.

It was moved by Council Member Beach and seconded by Council Member Glassheim that this resolution awarding the contract for Sewer Project No. 4206, District No. 347, and Watermain Project No. 4207, District No. 231, to Geo. E. Haggart, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL COST,
AND AWARD CONTRACT, SEWER PROJECT NO. 4169, DISTRICT
NO. 348, AND WATERMAIN PROJECT NO. 4170, DISTRICT NO.
230

The city auditor presented and read tabulation of bids which had been received and opened on Monday, April 25, 1994 for Sewer Project No. 4169, District No. 348, and Watermain Project No. 4170, District No. 230, to serve Columbia Park
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22nd Addition, indicating that Geo. E. Haggart, Inc. was low bidder based upon their bids in the amounts of $135,862.90 and $222,957.05, respectively, for a total combined bid of $358,819.05: Document No. 6235 - Bid Tabulation.

The city engineer's estimates of total cost on Sewer Project No. 4169, District No. 348, and Watermain Project No. 4170, District No. 230, in the amounts of $ and $ , respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the bids for Sewer Project No. 4169, District No. 348, sanitary sewer to serve Columbia Park 22nd Addition, and Watermain Project No. 4170, District No. 230, watermain to serve Columbia Park 22nd Addition, and recommended that we accept the low bid of Geo. E. Haggart, Inc., Fargo, in the amounts of $135,862.90 for Sewer Project No. 4169, and $222,957.05 for Watermain Project No. 4170, for a total combined bid of $358,819.05.

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

Council Member Beach introduced the following resolution which was presented and read: Document No. 6236 - Resolution.

It was moved by Council Member Beach and seconded by Council Member Glassheim that this resolution awarding the contract for Sewer Project No. 4169, District No. 348, and Watermain Project No. 4170, District No. 230, to Geo. E. Haggart, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4180, 1994 SANITARY SEWER REHAB.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4180, 1994 sanitary sewer rehab., and recommended that we approve plans and specifications and authorize call for bids with a due date of May 23, 1994.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4190, RIVERSIDE DAM REPAIR

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4190, Riverside Dam 1993 flood repair, and recommended that we approve plans and specifications and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4217, SANITARY SEWER REHAB ON 3RD AVENUE
SOUTH, 600 BLOCK

Committee No. 3, Public Service, reported having considered the matter of
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plans and specifications for Project No. 4217, sanitary sewer rehab. on 3rd Avenue South, 600 block, and recommended that we approve plans and specifications, and authorize call for bids with a due date of May 31, 1994.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
MISCELLANEOUS PROJECT NO. 4146, DISTRICT NO.
10 (PEDESTRIAN BRIDGE)

Committee No. 3, Public Service, reported having considered the matter of special assessment district for Project No. 4146, District No. 10, pedestrian bridge over English Coulee, and recommended that we adopt a resolution creating the 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, that we declare intent to sell bonds to finance these improvements, and further that the City's share be 50% of the cost of the pedestrian bridge.

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

Council Member Beach introduced the following resolution creating the assessment district which was presented and read: Document No. 6237 - Resolution.

It was moved by Council Member Beach 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, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, MISCELLANEOUS
DISTRICT NO. 10, PROJECT NO. 4146

The city auditor presented and read the engineer's report on Miscellaneous District No. 10, Project No. 4146: Document No. 6238 - Report.

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

ADOPT RESOLUTION OF NECESSITY, MISCELLANEOUS
DISTRICT NO. 10, PROJECT NO. 4146

Council Member Beach introduced the following resolution of necessity, which was presented and read: Document No. 6239 - Resolution.

It was moved by Council Member Beach 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, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER DISTRICT NO. 350, PROJECT NO. 4216
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Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4216, District No. 350, sanitary sewer on South 34th Street, and recommended that we adopt a resolution creating the 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 declare our intent to sell bonds to finance these improvements.

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

Council Member Beach introduced the following resolution creating the assessment district which was presented and read: Document No. 6240 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT
NO. 350, PROJECT NO. 4216

The city auditor presented and read the engineer's report on Sewer District No. 350, Project No. 4216: Document No. 6241 - Report.

It was moved by Council Member Beach 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. 350, PROJECT NO. 4216

Council Member Beach introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6242 - Resolution.

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

APPROVE UTILITY EASEMENT FOR PROJECT NO. 4006

Committee No. 3, Public Service, reported having considered the matter of utility easement for fire hydrants on DeMers Avenue Reconstruction, Phase II, Project No. 4006, located in northeast corner of Concrete, Inc. property, for and in consideration of the sum of $1.00, and recommended approval of the easement.

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

AUTHORIZE CALL FOR QUOTES FOR CALCIUM CHLORIDE

Committee No. 3, Public Service, reported having considered the matter of 1994 calcium chloride quotes, and recommended that we obtain quotes for calcium chloride to a max. of $5,000.

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

SELECT ENGINEERING FIRM FOR PAVING PROJECT
NO. 4171, PAVING ON 32ND AVENUE SOUTH, AND
AUTHORIZE ENTERING INTO AGREEMENT

Committee No. 3, Public Service, reported having considered the matter of paving on 32nd Avenue South, and recommended that we concur with engineering department in selection of CPS, Ltd. to do preliminary engineering for this project.

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

Committee No. 3, Public Service, reported having considered the matter of paving on 32nd Avenue South, and recommended that we authorize entering into preliminary engineering agreement with CPS, Ltd. for paving on 32nd Avenue South on an hourly basis plus expenses, in an amount not to exceed $33,630.00.

It was moved by Council Member Beach 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, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 526, PROJECT NO. 4147

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 526, Project No. 4147, paving North Columbia Road, had expired on April 15, 1994, and that he had received one written protest filed after expiration of the protest period. The protest was filed by Valley Ho Mobile Home Park and stated they do not receive benefit.

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 Beach introduced the following resolution as to protests which was presented and read: Document No. 6243 - Resolution.

It was moved by Council Member Beach and seconded by Council Member Hanson that we do hereby find and determine an insufficiency of protest against Paving District No. 526, Project No. 4147, as no protests were filed within the protest period, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative, Council Member Hagness voting against the motion.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST, AND AWARD CONTRACT, PAVING PROJECT NO.
4147, DISTRICT NO. 526

The city auditor presented and read tabulation of bids which had been received and opened on Monday, April 25, 1994 for Paving Project No. 4147, District No. 526, paving to serve North Columbia Road from approximately 400 ft. north of Gateway Drive to U.S. Highway No. 81 and paving Bacon Road from U.S. Highway No. 81 to North Columbia Road, indicating that Valley Contracting Company was low bidder based upon their bids in the amount of $272,560.25 for asphalt paving and $366,100.25 for concrete paving: Document No. 6244 - Bid
13537
May 2, 1994

Tabulation.

The city engineer's estimates of total cost on Paving Project No. 4147, District No. 526, in the amounts of $ for asphalt and $ for concrete paving, were presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Paving Project No. 4147, District No. 526, paving North Columbia Road, and recommended that we accept the low bid of Valley Contracting Company for asphalt paving in the amount of $272,560.25, contingent upon acquisition of right of way.

It was moved by Council Member Beach and seconded that this recommendation be and is hereby approved. Carried 12 votes affirmative; Council Member Hagness voting against the motion.

Council Member Beach introduced the following resolution which was presented and read: Document No. 6245 - Resolution.

It was moved by Council Member Beach and seconded by Council Member Glassheim that this resolution awarding the contract for Paving Project No. 4147, District No. 526, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson - 12; voting "nay": Council Member Hagness - 1. Mayor Polovitz declared the motion carried and the contract awarded.

APPROVE APPLICATION BY AGSCO, INC. FOR
GROWTH FUND MONIES

Committee No. 4, Urban Development, reported having considered the matter of application for funding from Growth Fund on proposed project for Agsco, Inc., and recommended that the City provide an interest subsidy to Agsco for a loan through PACE in the amount of $115,000.

It was moved by Council Member Hanson and seconded by Council Member Carpenter 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, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE FUNDING FOR RED RIVER REGIONAL
PLANNING COUNCIL

Committee No, 4, Urban Development, reported having considered the matter of request from the Red River Regional Planning Council for funds to support a revolving loan fund, and recommended that we contribute $50,000 toward the Red River Region IV Revolving Loan Fund.

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