Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 1, 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, August 1, 1994 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; absent: Council Members Geller, Johnson - 2.

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.

MATTER OF UPDATE ON NATIONAL GUARD AND
DECLARE WEEK OF AUGUST 13 AS NATIONAL
GUARD DAY AND

Larry Anderson, representing First and 188th Air Defense Artillery Unit in Grand Forks, reported on progress that the North Dakota National Guard has made on achieving its growth objectives; that in March of 1994 General Bjerke gave the Air Defense Artillery Battalion in Grand Forks a mission, and that mission was to grow the ND National Guard in Grand Forks by an additional 210 soldiers, and to achieve that mission by September of 1995; and that this is an economic matter for the city of Grand Forks assuming they can achieve the objectives (increase from current strength of 284 individuals to eventually have over 600 individuals coming into the community on a monthly basis to train and utilize the various services in the community). He stated that their progress to date hasn't been that favorable, that since the General issued the mission, they were at a strength of 284 individuals and are now at a current strength of 292, so have made only marginal progress; that one of the reasons that he is here tonight is to call on the city council to be aware of the economic ramifications of the challenges that have been issued to the community and to enlist the support of the council and the community in helping to realize achievement of that objective of eventually having an air defense artillery battalion here in Grand Forks. He reported that a new armory is being constructed and is scheduled for completion in March of 1996; a new organizational maintenance facility is being constructed and scheduled for completion in October, 1994, with a total impact from those two facilities exceeding $10 Million; and there's another facility that the ND National Guard is interested in locating in Grand Forks, a moving target simulator facility that would create another economic impact of $5 Million and which is in the Dept. of Defense budget and is currently getting programming. He stated that this is contingent on whether they are successful in achieving their enlistment objectives and they need to show improved progress in achieving that goal or that a portion of these economic impacts will go to other communities in North Dakota. He stated that he would like to request the mayor's and the council's support to declare August 13 as National Guard Day and that on that particular day they are hosting and conducting a community awareness and family appreciation day for those current members of the 188th Air Defense Artillery Unit and a kickoff to their recruiting campaign.

It was moved by Council Member Hagness and seconded by Council Member Hamerlik that we declare August 13 as National Guard Day and as Community Awareness Day. Carried 12 votes affirmative.

APPROVE MINUTES JULY 5, 1994

Typewritten copies of the minutes of the regular meeting of the city council held on Tuesday, July 5, 1994 were presented and read. It was moved by
Council Member Hoeppner and seconded by Council Member Beyer that the minutes
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be approved as read. Carried 12 votes affirmative.

SUSPEND REGULAR ORDER OF BUSINESS AND
CONSIDER PROPOSAL FOR FINANCING REHAB. OF
ST. ANNE'S PROPERTY

It was moved by Council Member Hoeppner and seconded by Council Member Klave that we suspend the regular order of business and consider the matter of the proposal for financing rehab. of St. Anne's property. Carried 12 votes affirmative.

Committee No. 4, Urban Development, reported having considered the proposal for financing rehab. of St. Anne's property by MetroPlains Development, Inc., St. Paul, MN and recommended that we amend the motion to state that it is our intent to call for creation of the new 15-year tax increment financing district contingent upon the outcome of public hearings, waiver of estoppel by the developer, and contingent upon approval of appropriate counsel.

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

Tom Lax, 1116 2nd Avenue North, stated there should be no tax break longer than term of council member, and would recommend a four year tax break as a maximum.

Beth Foley, 125 Seward Avenue, president of Neighborhood Association, but not speaking for the Association, wanted project to happen for benefit of historic preservation and neighborhood, contacted residents of area, and overwhelming response, and urged council to see that this project happens.

Tracy Doe, member of Grand Forks Historical Commission, appeared in support of this project and that he would hope council will show their support.

Council Member Hagness reported that he had received a call from Janet Hansen who wanted him to relay her comments, she wanted to say there was an interest of private investors to preserve St. Anne's as a hotel, a bread and breakfast center, and benefit of being able to tour the facility and to be able to see inside as historically preserved if this were to come to light, and her concern was that the tax increment financing or tax abatement would be lost to City. Council Member Hagness stated in speaking for himself, he was in favor of some type of project to go forward.

Gary Stenson of MetroPlains Development, and Marty Torkelson, Greater Grand Forks Senior Citizens' Assn., co-general partners that are proposing to develop St. Anne's into approx. 35-38 housing units for seniors, congregate services, and have worked out some things with Community Development, and are here to answer any questions council might have.

Mr. Stenson stated that it is North Dakota Housing and Finance Agency, to whom they have to prove that financing is in place, thinks that recommendation will do it, but if there is anything else the City can do for support for the development of St. Anne's, thinks that would help with the State. He stated that the tax credits allocated by the State to the project are based on the developers receiving their financing and if the development does not go, those credits have to be given to somebody else; and if North Dakota does not use all of their allocation by the end of the year, they miss out on national pooling and getting additional credits. Mr. Stenson stated that if everything in place would start in November or December, with 8 month construction period. He also stated that the partnership will select management company to manage the development, the tenants would have to be 60% of median income or
below, but no rental subsidy tied to the development, such as Section 8.
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Mrs. Torkelson stated that in addition to the historic value of the building and the development, it will be of great benefit and future for the senior citizens and older persons in the community. She stated that they have housing of this type, congregate housing with services, for the very low and high income, but nothing of this type available for middle income groups.
She stated they will have one meal daily, transportation services available, outreach or social workers available on site and activities director; will have a full scope of services.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3434, RELATING TO PENALTY
RESULTING FROM VIOLATION OF PLUMBING CODE

An ordinance entitled "An ordinance amending Section 19-0340 of the Grand Forks City Code relating to the penalty resulting from a violation of the Plumbing Code", which had been introduced and passed on its first reading on July 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, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3435, AMENDING ANNUAL
APPROPRIATIONS BILL FOR 1994 (VARIOUS
DEPARTMENTS)

An ordinance entitled "An ordinance amending annual appropriations bill for the calendar year 1994" (various departments), which had been introduced and passed on its first reading on July 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, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3436, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(FIRE DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Fire Department), which had been introduced and passed on its first reading on July 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, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3437, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(POLICE DEPARTMENT)

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An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Police Department), which had been introduced and passed on its first reading on July 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, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET IMPROVEMENT DISTRICT NO. 84, PROJECT NO. 4227 (FORMERLY PAVING DISTRICT NO. 529)

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Improvement District No. 84 (formerly Paving District No. 529), Project No. 4227, resurfacing of 30th Avenue South from South 20th Street to South 25th Street, had expired on July 29, 1994, 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 Hagness introduced the following resolution as to protests, which was presented and read: Document No. 6299 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Improvement District No. 84 (formerly Paving District No. 527), Project No. 4227, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, STREET IMPROVEMENT
DISTRICT 84 (FORMERLY PAVING DISTRICT NO. 529),
PROJECT NO. 4227

The city auditor presented and read tabulation of bids which had been received and opened on July 26, 1994, for Street Improvement Project No. 4227, District No. 84 (formerly Paving District No. 529), resurfacing 30th Avenue South from South 20th to 25th Street, indicating that Nodak Contracting was the low bidder based upon their bid in the amount of $36,575.00: Document No. 6300 - Bid Tabulation.

The city engineer's estimate of total cost on Street Improvement Project No. 4227, District No. 84 (formerly Paving District 529), in the amount of $
was presented and read.

Committee No. 3, Public Service, reported having considered the bids for Project No. 4227, Street Improvement District No. 84 (formerly Paving District 529), resurfacing 30th Avenue South from South 20th Street to South 25th Street, recommended to approve award to the low bidder, Nodak Contracting, in the amount of $36,575.00.

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

Council Member Beyer introduced the following resolution which was presented and read Document No. 6301 - Resolution.
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It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this resolution awarding the contract for Street Improvement Project No. 4227, District No. 84 (formerly Paving District 529), to Nodak Contracting, be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - l2; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

REPORTS OF OFFICERS

The city auditor's report on investments for period ending July 31, 1994 was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim to receive and file. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-13, dated August 1, 1994, and totaling $503,899.94, 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, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE LEASE AGREEMENT WITH NORTH DAKOTA
HIGHWAY PATROL FOR OFFICE SPACE IN POLICE
BUILDING

Committee No. 1, Finance, reported having considered the matter of lease agreement with North Dakota Highway Patrol for 1994/95, commencing July 1, 1994 and terminating on the 30th day of June, 1995, at a total cost of $7,635.00 per annum, with rent to be paid in a monthly amount of $636.25, and recommended approval of the lease and to authorize proper City officials to sign said lease.

It was moved by Council Member Babinchak and seconded by Council Member Sande that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
AT 1018 PARK DRIVE

Committee No. 1, Finance, reported having considered the application for abatement of 1993 taxes by Mary Ganyo, 1018 Park Drive (Lot 18, Block 8, Cox's Addition), and recommended approval of the application as submitted.

It was moved by Council Member Babinchak and seconded by Council Member Sande that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 12 votes affirmative.

DENY APPLICATION FOR ABATEMENT OF TAXES AT
2132 SOUTH 38TH STREET

Committee No. 1, Finance, reported having considered the application for abatement of 1993 taxes by Gerald N. and Cheryl D. Loiland, 2132 South 38th
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Street (Lot 8, Block 1, Birkholz' Second Addition), and recommended denial of the application.

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

DECLARE CITY LOTS AS SURPLUS, AND OFFER FOR
SALE

Committee No. 1, Finance, reported having considered the matter of setting value on three City properties in Medvue Estates 6th Resubdivision (located between Knight Drive and 17th Avenue South and between Columbia Road and the English Coulee), and advertise said properties for sale (Lots 1, 2 and 3, Block 1, Medvue Estates 6th Resubdivision), and recommended to declare property as surplus and approve minimum bid price of $32,000 for Lot 1, $28,000 for Lot 2 and $24,000 for Lot 3, and advertise lots for sale.

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

Committee No. 1, Finance, reported having considered the matter of setting value on City property, declaring as surplus and advertising for sale: 1310 8th Avenue North (east 1/2 of Lot 19, all of Lots 20 and 21, less Highway R/W, Block 67, Alexander & Ives' Addition), and recommended to declare the property as surplus, approve a minimum bid price of $17,100, and advertise lot for sale.

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

INTRODUCE ORDINANCES AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994

Committee No. 1, Finance, reported having considered the request from Grand Forks Substance Abuse & Traffic Safety for a budget amendment to include unused portion from 1993 fiscal year for on-going projects and promotional programs in the amount of $1,575.00, and recommended approval of the amendment. It was moved by Council Member Babinchak and seconded by Council Member Sande that this request be approved. Carried 12 votes affirmative.

Council Member Beyer introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (GF Substance Abuse and Traffic Safety), which was presented, read and passed on its first reading.

Committee No. 1, Finance, reported having considered the request from the Auditor's Office to amend Community Relations budget to include grant from the Turtle Mountain Band of Chippewa Indians for Mission Project Phase II in the amount of $1,645.00, and recommended approval of the amendment. It was moved by Council Member Babinchak and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

ADOPT RESOLUTION CONCERNING INVESTMENT OF
FUNDS BY THE CITY OF GRAND FORKS
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Committee No. 1, Finance, reported having considered the matter of resolution authorizing City officials to do business with First National Bank, and recommended that we approve resolution and authorize agreement to do business with First National Bank, subject to the city attorney's review.

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

Committee No. 1, Finance, reported having considered the matter of resolution authorizing City officials to do business with First National Bank Securities Corporation, and recommended that we approve the resolution and authorize agreement to do business with First National Bank Securities Corporation, subject to the city attorney's review.

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

APPROVE CHANGE IN NAME OF AUDITING DEPARTMENT
TO FINANCE DEPARTMENT

Committee No. 1, Finance, reported having considered the matter of auditing department name change, and recommend that we approve changing the name to finance department.

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

APPROVE REQUEST BY ND ARMY NATIONAL GUARD TO
HOLD 5K/10K FUN RUN/WALK ON AUGUST 13

Committee No. 2, Public Safety, reported having considered the request by ND Army National Guard (Hdq. 1st Battalion 188th Air Defense Artillery) to hold 5K/10K Fun Run/Walk on August 13 as part of Community Awareness/Family Support Day, and recommended approval contingent with final arrangements made with police department.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carries 12 votes affirmative.

APPROVE REQUEST FOR VARIANCE TO NOISE ORDINANCE
BY AMERICAN CANCER SOCIETY OF ND FOR RELAY FOR LIFE

Committee No. 2, Public Safety, reported having considered the request from the American Cancer Society of North Dakota and Minnesota for variance to the noise ordinance on August 12 from 8:30 p.m. to 11:30 p.m. during a Relay for Life at Cushman Field, and recommended to allow variance to 11:30 p.m. on August 12, with direction from the committee that they play only to the audience and not to the town.

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

APPROVE AGREEMENT WITH ND STATE DEPARTMENT
OF HEALTH AND CONSOLIDATED LABORATORIES FOR
HIV/AIDS EDUCATION GRANT

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Committee No. 2, Public Safety, reported having considered the matter of HIV/AIDs Education Grant in the amount of $15,000, and recommended to approve grant agreement and authorize proper City officials to enter into the agreement with the North Dakota State Department of Health and Consolidated Laboratories.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE "NO PARKING" SIGNS ON PORTION OF
7TH AVENUE SOUTH FROM SOUTH 14TH STREET EAST

Committee No. 2, Public Safety, reported having considered the request for "no parking" signs in front of Bearings and Drives, 1300 block 7th Avenue South, and recommended that signs be installed for one-half block on the north side of 7th Avenue South from South 14th street to the east.

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

AUTHORIZE INSTALLATION OF SPEED LIMIT SIGNS
ON SOUTH 36TH STREET SOUTH OF 11TH AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the request for signs to reduce speeds on South 36th Street south of 11th Avenue South, and recommended that 25 mph speed limit signs be posted until an alternate route is established from the south or west.

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

APPROVE APPLICATION FOR MOBILE FOOD VENDOR LICENSE
BY SMILEY'S ICE CREAM

Committee No. 2, Public Safety, reported having considered the application by Grandel E. and Sherry Jo Harmon, 722 University Avenue, dba Smiley's Ice Cream, and recommended approval.

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

APPROVE BUDGET AMENDMENTS AND INTRODUCE ORDINANCES

Committee No. 2, Public Safety, reported having considered request by Health Department MCH (Maternal Child Health) for amendment to the budget in the amount of $15,856.00 to reflect grant monies and $9,000 cash carryover, and recommended approval of the amendment. It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

Committee No. 2, Public Safety, reported having considered request by Health
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Department for amendment to the budget in the amount of $15,000 to reflect HIV/AIDS Education Grant, and recommended approval of the amendment. It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Sande introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Department), which was present, read and passed on its first reading.

Committee No. 2, Public Safety, reported having considered request by Health Department for amendment to the budget in the amount of $10,000 to reflect increase revenue for hepatitis and other immunizations (Communicable Disease), and recommended approval of the amendment. It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Sande introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Department Communicable Disease), which was presented, read and passed on its first reading.

Committee No. 2, Public Safety, reported having considered request to amend Mosquito Control budget in the amount of $51,000 for three mosquito sprayings, and recommended approval of the amendment. It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

DEFEAT MOTION TO APPROVE GROUND SPRAYING FOR
MOSQUITO CONTROL

Committee No. 2, Public Safety, reported having considered the matter of ground spraying for mosquitos, and recommended that we ground spray in Grand Forks at a cost of $6,000 per application, with two sprayings to be done.

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

Council Member Hoeppner stated that the council had authorized three aerial sprayings, that two sprayings have been done, that a motion was made in committee to consider ground spraying at about $6,000 per spraying, that there is a balance in the fund of $17,369 with two sprayings paid for, questioned funding for ground spraying; and to consider next year when call for bids.

Thomas Lax, 1116 2nd Avenue North, questioned where $5,000 came from to give to Park District for sprayer, why council waited so long to vote on spraying, and that should be done by ground spraying.

Council Member Hoeppner stated that aerial spraying works, and reported that they wanted to monitor how ground spraying works in other cities.

Council Member Hanson stated he had brought matter up to the Board of Health, who thought it best to wait until next year; he stated ground spraying has less effect on wildlife and people; spraying done at night, there is flexibility for spraying for special events, and is more cost effective.

Russell Wilber, 1605 North 3rd Street, stated he was head of public health at Air Base, that mosquitos breed in grass, and that it's waste of money to spray 13662
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either from air or ground, and suggested they contact Minneapolis Mosquito Control to see what they do.

A number of residents including Dexter Perkins, 1112 Cottonwood Street; resident of 6302 Lake Drive; Bob Seabloom, 1212 Lincoln Drive; Charlotte Lewis, 817 Belmont Road; and Gene Schneeweis; stated their opposition to spraying of mosquitoes because of short term relief, waste of monies and/or poor use of funds, and effect on insects, fish, animals and humans; that council should consider alternative of no spraying.

Thomas Lax, 1116 2nd Avenue North, spoke in favor of spraying, small children need protection, and City assuming responsibility by taking residents' money.

Council Member Hanson moved that the council allow the public safety committee to make decision on spending monies left, but not to collect money if not going to spray. The motion died for lack of a second.

There was some discussion relative to spraying for encephalitis carrying mosquitoes, and Council Member Hanson stated that if emergency State funds money.

Mayor Polovitz stated the council would have to determine that this was an emergency to use funds for ground spraying, as they haven't asked for any proposals or bids. Mr. Swanson advised council on advertising and bidding requirements, but that if emergency situation, could waive requirements on that basis.

After further discussion and upon call for the question and upon roll call vote, the following voted "aye": Council Member Glassheim - 1; voting "nay": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 11. Mayor Polovitz declared the motion defeated.

RECESS FOR 5-MINUTES; AND RECONVENE

Mayor Polovitz called for a five-minute recess at 9:20 p.m. The council reconvened at 9:25 p.m. with all members present.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT WITH TKDA FOR RENOVATION OF PUBLIC
WORKS FACILITY, PROJECT NO. 4117

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 2 to architect/engineering agreement with TKDA for Project No. 4117, renovation of public works facility, and recommended approval of Supplement No. 2 to the agreement with TKDA to increase maximum "not to exceed" amount by $20,000.00.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4247, DISTRICT NO. 354

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for Project No. 4247, Sewer District No. 354, forcemain along South 48th Street from 32nd Avenue South to master lift, and recommended that we pass a resolution creating the assessment district and
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identifying future assessment area, 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 declare intent to sell bonds to finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 6302 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT NO.
354, PROJECT NO. 4247

The city auditor presented and read the engineer's report on Sewer District No. 354, Project No. 4247: Document No. 6303 - Report.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this report be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SEWER DISTRICT NO. 354, PROJECT NO. 4247

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6304 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4218, DISTRICT NO. 351

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for Project No. 4218, District 351, temporary lift station west of I-29 at 32nd Avenue South, and recommended that we pass 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 further that we declare intent to sell bonds to finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 6305 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT NO.
351, PROJECT NO. 4218

The city auditor presented and read the engineer's report on Sewer District No. 351, Project No. 4218: Document No. 6306 - Report.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this report be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SEWER DISTRICT NO. 351, PROJECT NO. 4218

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6307 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER DISTRICT NO. 355, PROJECT NO. 4242

Committee No. 3, Public Service, reported having considered the matter of sanitary sewer on North 51st Street from 6th to 7th Avenues North, and recommended that we pass 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 further that we declare intent to sell bonds to finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 6308 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT NO.
355, PROJECT NO. 4242

The city auditor presented and read the engineer's report on Sewer District No. 355, Project No. 4242: Document No. 6309 - Report.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this report be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SEWER DISTRICT NO. 355, PROJECT NO. 4242

13665
August 1, 1994

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6310 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS FOR UTILITIES
IN SUN LAND WEST FIRST ADDITION, PROJECT NOS.
4228, 4229 AND 4230

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4228, sanitary sewer for Sun Land West First Addition, Project No. 4229, watermain for Sun Land West First Addition, and Project No. 4230, storm sewer for Sun Land West First Addition, and recommended that we approve plans and specifications, contingent upon engineer's comments and submission of master plan.

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

AUTHORIZE ENGINEER TO PROCEED WITH PLANS AND
SPECIFICATIONS FOR FLOOD MITIGATION PROJECTS