Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 15, 1994

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, August 15, 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; absent: Council Member Hanson - 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 FINAL PLAT, AND ADOPT ORDINANCE NO.
3438, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF MIGHTY ACRES FIRST ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Mighty Acres First Addition (formerly referred to as Summer Fallow First Addition), Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 6, 1994, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter.

Bob Bushfield, city planner, reported to the council as point of information that the plat name had changed from Summer Fallow First Addition to Mighty Acres First Addition.

There were no other comments, and Mayor Polovitz closed the public hearing.

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Crary Homes and Johnson Farms for final approval of the plat of Mighty Acres First Addition (formerly referred to as Summer Fallow First Addition) to the city of Grand Forks, ND, being a portion of Grand Forks Township (Township 151 North of Range 50 West), Section 27, NE-1/4 of the NW 1/4 and the NW 1/4 NE 1/4 (located south of 47th Avenue South between Chestnut Street and Cherry Street), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan.

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

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


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ADOPT ORDINANCE NO. 3439, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (GF
SUBSTANCE ABUSE AND TRAFFIC SAFETY)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (GF Substance Abuse and Traffic Safety), which had been introduced and passed on its first reading on August 1, 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3440, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(COMMUNITY RELATIONS GRANT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Community Relations Grant), which had been introduced and passed on its first reading on August 1, 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3441, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(HEALTH DEPARTMENT MCH GRANT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Department MCH grant), which had been introduced and passed on its first reading on August 1, 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3442, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(HEALTH DEPARTMENT HIV/AIDS EDUCATION GRANT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Department HIV/Aids Education Grant), which had been introduced and passed on its first reading on August 1, 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

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ADOPT ORDINANCE NO. 3443, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(HEALTH DEPARTMENT COMMUNICABLE DISEASE)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Department Communicable Disease), which had been introduced and passed on its first reading on August 1, 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3444, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(MOSQUITO CONTROL)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Mosquito Control), which had been introduced and passed on its first reading on August 1, 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3445, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(PLANNING AND ZONING COMMISSION)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Planning and Zoning Commission), 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3446, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(GROWTH FUND)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Growth Fund), which had been introduced and passed on its first reading on August 1, 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

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APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 715 SOUTH 18TH STREET
FOLLOWING PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Dale R. Bergum to move building from Erskine, MN to 715 South 18th Street to be used as a single-family dwelling, 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 application for moving permit by Dale R. Bergum to move building from Erskine, MN to 715 South 18th Street to be used as single-family dwelling, and recommended to approve the application, subject to the public hearing.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that Mr. Bergum be and is hereby authorized to move the building. Carried 13 votes affirmative.

ADOPT RESOLUTION VACATING ALLEY ADJACENT
TO BLOCKS 76 AND 77, ALEXANDER & IVES' ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 20-foot wide east-west alley adjacent to Lots 3 through 23, Block 76 and Lots 1 through 6 and 11 through 16, Block 77, Alexander & Ives Addition to the city of Grand Forks, including that portion extended through vacated North 16th Street (formerly Walsh Street) and excluding any portion lying within the North Washington Street right of way (located within the present sanitation department site on North Washington Street), the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with his office.

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

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

Council Member Hagness introduced the following resolution which was presented and read: Document No. 6311 - Resolution.

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

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Glassheim and seconded by Council Member Hoeppner that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back with recommendation.

Finance Committee:
1) job description for personnel technician.

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from Bev Collings, code enforcement officer, was presented and 13675
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read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Thursday, August 11, 1994, that notice had been published as required and that the following appeals for variances were heard: 1) Raphael Slominski, 630 Maple Avenue, request for variance to the accessory building requirements to erect a garage, described as Lots 25 and 26, Block 30 of Lindsay's Addition, and that a motion was unanimously passed to allow a variance from 1000 sq.ft. to 1320 sq.ft. on the total accessory building size; 2) Robert Bina, 1008 South 11th Street, request for a variance to the front yard setback requirements to erect an addition to the dwelling, described as Lots 3 and 4, Block 23, McKelvey's Addition, and that a motion was unanimously passed to allow a front yard variance from 25 ft. to 21 ft. so the proposed addition aligns with the existing building; 3) Jerome P. Bannach, 815 South 18th Street, request for a variance to the accessory building requirements to erect a garage, described as Lots 353 and 354, Block M, Willmar Addition, and that a motion was unanimously passed to allow a rear yard variance from 20 ft. to 14.5 ft. so a historical tree does not have to be destroyed and proposed garage can be located at the same place as the old garage; 4) Larry E. Nelson, 716 South 4th Street, request for a variance to the side yard setback requirements to erect an attached garage, described as Lot 9, Block 4, Hubert's Addition, and that a motion was unanimously passed to allow a side yard variance from 5 ft. to 2 1/2 ft. so the proposed addition aligns with the existing building and further to allow a side yard variance from 5 ft. to 4 1/2 ft. to erect an attached garage; 5) Larry B. Burgard, 1823 1st Avenue North, request for variance to frontyard setback requirements to erect an addition to the dwelling, described as Lots 11 and 12, Block 47 of Budge & Eshelman's 3rd Addition, and that a motion was unanimously passed to allow a second front yard variance from 12.5 ft. to 5 ft. so an entryway addition can be erected; and 6) William Peterson, 1313 Chestnut Street, request for variance to the side yard setback requirements to remove an existing garage and replace with an addition, described as Lot 29, Block 1, Lincoln Park View 2nd Addition, and a motion was unanimously passed to allow a side yard variance from 6 ft. to 4 ft. so an existing garage can be replaced with an addition in the same location.

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

APPROVE BILLS

Vendor Payment Listing No. 94-14, dated August 15, 1994, and totaling $1,670,302.21, 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 Johnson and seconded by Council Member Sande 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
ON PROPERTY AT 121 8TH AVENUE SOUTH

Committee No. 1, Finance, reported having considered the applications for abatement of 1992 and 1993 taxes by John E. and Tina K. Cowger, 121 8th Avenue South (Lots 1, 2 and 3, Block 14, Lindsay's Addition), and recommended that the applications be approved as submitted.

It was moved by Council Member Babinchak and seconded by Council Member McCabe that this recommendation be and is hereby approved, and further that the
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findings, conclusions and recommendations as prepared by the city attorney be adopted. Carried 13 votes affirmative.

AUTHORIZE PURCHASE OF ADDITIONAL RIGHT OF WAY
FOR CONVENTION & VISITORS BUREAU BUILDING

Committee No. 1, Finance, reported having considered the matter of additional right of way for Convention and Visitors Bureau building, and recommended that the City purchase the additional .331 acres for $2,850.00 with the amount to be recovered through the lease to be negotiated with the Convention & Visitors Bureau.

It was moved by Council Member Babinchak 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, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

INTRODUCE ORDINANCES AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(EMERGENCY MANAGEMENT AND MIS DEPARTMENTS)

A request from Emergency Management for budget amendment in the amount of $2,132.00 from 1993 cash carryover to contingencies to purchase computer, was presented and read.

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

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

A request from MIS department for budget amendment in the amount of $1,271.00 from 1993 cash carryover to Mtce. General Equipment NOC for office furniture, was presented and read.

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

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

RECEIVE AND FILE FINANCIAL REPORT FOR TCI

Committee No. 1, Finance, reported having considered the matter of financial report for TCI (cable tv), and recommended to receive and file the report.

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

Council Member Beach raised question of installation of cable tv by cable company employees gratis to certain individuals, and stated that if so, City losing revenue as well as TCI.

Jerry Hovet, general manager, TCI, stated that if he has employee hooking up friends illegally, that is direct violation of company policy. He stated there is about 10% illegal rate in any city, that they do prosecute those they find, have not prosecuted any of his people, not a real problem.

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Upon call for the question and upon voice vote, the motion carried 13 votes affirmative.

APPROVE SUBSCRIPTION AGREEMENT WITH NORTH
DAKOTA SMALL BUSINESS INVESTMENT COMPANY

Committee No. 1, Finance, reported having considered the matter of contribution to North Dakota Small Business Investment Company, and recommended to authorize mayor to sign the subscription agreement in the amount of $100,000 with the source of funding to be determined and with agreement subject to review by the city attorney.

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

After some discussion and upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPLICATION BY WHISKEY POINT SALOON
FOR SPECIAL ALCOHOLIC BEVERAGE PERMIT

Committee No. 2, Public Safety, reported having considered the application by Whiskey Point Saloon for special permit to sell alcoholic beverages (beer garden on August 27), and recommended to approve the application.

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

APPROVE APPLICATION BY TOWN HOUSE MOTOR
INN FOR SPECIAL ALCOHOLIC BEVERAGE PERMIT

Committee No. 2, Public Safety, reported having considered the application by Town House Motor Inn, Inc. for special permit to sell alcoholic beverages, wedding reception and dance at 121 North 5th Street on August 20, 1994, and recommended to approve the application.

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

APPROVE REQUEST BY AMERICAN HEART ASSN. TO
HOLD HEART WALK ON OCTOBER 2

Committee No. 2, Public Safety, reported having considered the request from American Heart Association to hold Heart Walk on October 2, 1994, and recommended to approve the request.

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

GRANT VARIANCE TO NOISE ORDINANCE FOR
BLOCK PARTY ON PRIMROSE COURT

Committee No. 2, Public Safety, reported having considered the request for variance to noise ordinance for block party on August 20, 1994 until 1:00 a.m. at apartment complex on Primrose Court, and recommended to grant variance to the noise ordinance to 12:00 midnight.
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It was moved by Council Member Johnson and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE RENEWAL OF JOINT POWERS AGREEMENT
FOR EMERGENCY MANAGEMENT PROGRAM

Committee No. 2, Public Safety, reported having considered the matter of renewal of Joint Power Agreement for Emergency Management Program, and recommended approval of the agreement renewal.

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

RECEIVE AND FILE MATTER OF CURFEW

Committee No. 2, Public Safety, reported having considered the matter of enforcement of 11:00 p.m. curfew, and recommended to receive and file.

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

AUTHORIZE HANDICAPPED PARKING SPACE AT
WEST SCHOOL

Committee No. 2, Public Safety, reported having considered the request by Grand Forks Public Schools for handicapped parking space in front of West School on North 25th Street, and recommended to approve request.

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

AUTHORIZE INSTALLATION OF STOP SIGNS ON
8TH AVENUE SOUTH FOR EAST/WEST BOUND TRAFFIC
ON SOUTH 12TH STREET

Committee No. 2, Public Safety, reported having considered the request to reduce speed limit on South 12th Street between 13th and 10th Avenues South, and recommended installation of oversize stop signs on 8th Avenue South for east/west bound traffic and to monitor to see if this is effective in reducing the right angle accident, and further to direct traffic engineer to do gap study after school starts.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4243, DISTRICT NO. 235

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for watermain on 24th Avenue North and North 44th Street, Project No. 4243, District No. 235, 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
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plans and specifications, and that we declare our intent to sell bonds to finance these improvements.

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

Council Member Beyer introduced the following resolution creating the assessment district, which was presented and read: Document No. 6312 - Resolution.

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

ACCEPT ENGINEER'S REPORT, WATERMAIN DISTRICT
NO. 235, PROJECT NO. 4243

The city auditor presented and read the engineer's report on Watermain District No. 235, Project No. 4243: Document No. 6313 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
WATERMAIN DISTRICT NO. 235, PROJECT NO. 4243

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6314 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4249, DISTRICT NO. 236

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for watermain on 26th Avenue South from 20th to 21st Street, Project No. 4249, District No. 236, 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 Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Beyer introduced the following resolution creating the assessment district, which was presented and read: Document No. 6315 - Resolution.

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

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ACCEPT ENGINEER'S REPORT, WATERMAIN DISTRICT
NO. 236, PROJECT NO. 4249

The city auditor presented and read the engineer's report on Watermain District No. 236, Project No. 4249: Document No. 6316 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
WATERMAIN DISTRICT NO. 236, PROJECT NO. 4249

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6317 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4236, DISTRICT NO. 353

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4236, District No. 353, sanitary sewer on 24th Avenue South from South 35th to 38th Street, and recommended that we adopt a resolution creating the assessment district and future 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 intent to sell bonds to finance these improvements.

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

Council Member Beyer introduced the following resolution creating the assessment district, which was presented and read: Document No. 6318 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT NO.
353, PROJECT NO. 4236

The city auditor presented and read the engineer's report on Sewer District No. 353, Project No. 4236: Document No. 6319 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SEWER DISTRICT NO. 353, PROJECT NO. 4236

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6320 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Klave that 13681
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this resolution be and is hereby adopted. Carried 13 votes affirmative.

AUTHORIZE INSTALLATION OF UTILITIES IN CITY
R/W AND ENTERING INTO THREE-WAY AGREEMENT

Committee No. 3, Public Service, reported having considered the matter of installation of utilities in City right of way to serve area south of Golf Course and west of South 34th Street by Tim Crary, and recommended that we authorize installation of utilities in City right of way and to enter into a three-way agreement.

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

Council Member Babinchak asked that she be allowed to abstain from voting on this matter. It was moved by Council Member Beyer and seconded by Council Member Geller that Council Member Babinchak be allowed to abstain from voting on this issue. Carried 12 votes affirmative.

The motion carried 12 votes affirmative; Council Member Babinchak abstaining.

APPROVE PLANS AND SPECIFICATIONS FOR
SEWER PROJECT NO. 4219

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4219, storm sewer on South 34th Street, and recommended that we approve plans and specifications.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4218, SEWER
DISTRICT NO. 351

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4218, District 351, temporary lift station at 32nd Avenue South and South 48th Street, 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.

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6321 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4247, SEWER
DISTRICT NO. 354

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4247, Sewer District No. 354, forcemain along South 48th Street from 32nd Avenue South to 17th Avenue South, 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.
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It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6322 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4242, SEWER
DISTRICT NO. 355

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4242, District No. 355, sanitary sewer on North 51st Street from 6th Avenue North to 500 feet north, 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.

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6323 - Resolution.

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

APPROVE DOT CHANGE ORDER ON PROJECTS NOS.
4126 AND 4171

Committee No. 3, Public Service, reported having considered the change order for NDDOT project #S-NHU-STNU-6-081(029)940, overpass widening and street reconstruction at 32nd Avenue South and I-29, Project No. 4126; and 32nd Avenue South extension to west property line to GFG, Project No. 4171, in the amount of $67,961.55, and recommended that the change order be approved.

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

ADOPT POLICY RE. FUNDING OF EXTRA-DEPTH
SANITARY SEWERS

Committee No. 3, Public Service, reported having considered the matter of policy for funding of extra-depth sanitary sewers, and recommended that we adopt policy as proposed: Document No. 6324 - Policy.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved and the policy adopted.

There were some concerns raised by the council re. this policy, tapping charges and collection of the tapping charges. Ken Vein, city engineer, explained that this was requested by developers as adjacent property owner who will pay assessments not receiving any benefit, benefit at outer limits of the area served. He reported that they looked at all lift stations in city to find average depth coming out of sewers, which was around 24 ft. and took that as average depth and City would go as high as 27 ft deep, that anything above
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that would come under this policy to take effect as far as payment. He reported further that the policy doesn't limit it to City, City can require developer to pay up-front and to have him recover through future tapping fee; and would be at the City's discretion how that would take place. He reported that cost to the City, should the City pay costs, would be picked up with tapping charges and recovered as area outside the city limits developed. He also noted that because of current regulations it is possible that the City is not going to recover all their money in the future.

Council Member Carpenter stated that it is equitable for property being developed today, but questioned what legislation would have to be introduced at state level to insure that future development pays this cost and not current residents of the city.

Howard Swanson, city attorney, stated that during last legislative session there was legislation that was intended to enhance and broaden the authority of what a city can do in recovering future assessments, but in effect limited that. He stated they anticipate seeking new legislation to expand the authority for a city to impose fees on a future development that may at this time be outside the city limits. He reported they are also reviewing utilizing some of our Home Rule authority in adopting an ordinance of similar nature, but would feel more comfortable if cleaned up State statutes.

After further discussion and upon call for the question, the motion carried 13 votes affirmative.

INTRODUCE ORDINANCE RELATING TO DRIVEWAY
WIDTH

Committee No. 3, Public Service, reported having considered the matter of ordinance revision regarding driveway widths, and recommended that we approve the proposed ordinance stating that no driveway shall exceed thirty feet in width at the sidewalk line except that the city engineer may grant permission
to increase the maximum width to 40 feet in special circumstances, and that the ordinance be introduced for first reading.