Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Tuesday, September 6, 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 Tuesday, September 6, 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, Geller, Johnson, Hagness - 14; absent: none.

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 JULY 18, 1994

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, July 18, 1994 were presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Carpenter that these minutes be approved as read. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3447, ANNEXING ALL OF
MIGHTY ACRES FIRST ADDITION, DEAN'S SUBDIVISION
AND AN UNPLATTED PARCEL LYING IN THE NE QUARTER
OF NW QUARTER OF SECTION 27-151-50

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Mighty Acres First Addition (formerly referred to as Summer Fallow First Addition), Dean's Subdivision, and an unplatted parcel lying in the Northeast Quarter of the Northwest Quarter of Section 27-151-50", which had been introduced and passed on its first reading on August 15, 1994.

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, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3448, RELATING TO DRIVEWAY
WIDTH

An ordinance entitled "An ordinance amending Sections 16-0505(2)(A) and (3)(A) of the Grand Forks City Code relating to driveway width", which had been introduced and passed on its first reading on August 15, 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 the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3449, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE (EMERGENCY
MANAGEMENT DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill
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ordinance for the calendar year 1994" (Emergency Management Department), which had been introduced and passed on its first reading on August 15, 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 the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3450, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE (MIS DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (MIS Department), which had been introduced and passed on its first reading on August 15, 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 the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY OF
PROTEST, AND DIRECT THAT RESOLUTION OF ANNEXATION
OF PORTIONS OF SECTIONS 21, 27, 33 AND 34 IN RYE
TOWNSHIP BE FILED AND ANNEXATION ACCOMPLISHED

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed July 18, 1994, annexing all that portion of Grand Forks County, North Dakota, Rye Township (Township 152 North, Range 51 West), more specifically described as follows: Section 21, Southeast Quarter, all thereof; Section 27, Northwest Quarter, all thereof; Section 28, Northeast Quarter, the northerly 33 feet, the easterly 33 feet and all that portion of the abandoned Burlington Northern Railroad right of way not previously annexed; Section 33, Southeast Quarter, the westerly 1444 feet of the easterly 1577 feet of the northerly 600 feet of the southerly 700 feet; and Section 34, Southwest Quarter, all thereof except the westerly 50 feet, the southerly 100 feet and except the easterly 155 feet; and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on July 26 and August 2, 1994. The city auditor further reported that no written protests 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 Beyer that a finding of insufficiency of protest to the annexation be entered. Carried 14 votes affirmative.

It was moved by Council Member Hagness and seconded by Council Member Beyer that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the Resolution of Annexation, with appropriate map, as was presented on July 18, 1994. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14;
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voting "nay": none. Mayor Polovitz declared the motion carried and the annexation accomplished.

HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY OF
PROTEST, AND DIRECT THAT RESOLUTION OF ANNEXATION
OF SW QUARTER SE QUARTER, SECTION 33, FALCONER
TOWNSHIP BE FILED AND ANNEXATION ACCOMPLISHED

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed July 18, 1994, annexing all that portion of Grand Forks County, North Dakota, Township 152 North, Range 50 West (Falconer Township), Section 33, Southwest Quarter of the Southeast Quarter, more specifically described as follows: An unplatted territory heretofore known as Block 5 of Skidmore's Addition to the city of Grand Forks, North Dakota, vacated December 26, 1939 and filed for record December 29, 1939, at 3:00 p.m. and recorded in Book 36 of miscellaneous records on page 278 as Document No. 182442 being all that property ling west of the westerly line of Seventh Street North, north of the northerly line of Conklin Avenue North, east of the easterly line of the State Highway, and south of the former northerly city limits of the city of Grand Forks or the northerly boundary line of said Skidmore Addition, and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on July 26 and August 2, 1994. The city auditor further reported that no written protests 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 Hanson and seconded by Council Member Beach that a finding of insufficiency of protest to the annexation be entered. Carried 14 votes affirmative.

It was moved by Council Member Beyer and seconded by Council Member Klave that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the Resolution of Annexation, with appropriate map, as was passed on July 18, 1994. Upon roll call the following voted "aye': Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried and the annexation accomplished.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

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

Public Safety Committee:
1) matter of agreement with ND Department of Health re. Tobacco Control and Education Grant.

Public Service Committee:
1) matter of public works/city engineer position.

REPORTS OF OFFICERS

The city auditor's portfolio master summary for period ending August 31, 1994, 13696
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was presented and read. It was moved by Council Members Sande and Glassheim that this report be and is hereby received and filed. Carried 14 votes affirmative.

The city auditor's statement of changes in cash balances as of July 31, 1994, was presented and read. It was moved by Council Members Beyer and Babinchak that this report be and is hereby received and filed. Carried 14 votes affirmative.

REPORT OF BOARD OF ADJUSTMENTS

A communication from Bev Collings, code enforcement officer, was presented and 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 were heard: 1) Raphael Slominksi, 630 Maple Avenue, request for variance to the accessory building requirements to erect a garage, described as Lots 25 and 26, Block 30, Lindsay's Addition, and that a motion was unanimously passed to allow a variance from 1,000 sq.ft. to 1,320 sq.ft. on the total accessory building size; 2) Robert Bina, 1008 South 11th Street, request for 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 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 variance to the side yard setback requirements to erect an attached garage, described as Lot 9, Block 4, Hubert's Addition, and 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 a variance to the front yard setback requirements to erect an addition to the dwelling, described as Lots 11 and 12, Block 47, 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 a variance to the side yard setback requirements to remove an existing garage and replace with an addition, described as Lot 29, Block 1 of 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 Hanson and seconded by Council Member Hoeppner that this report be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-15, dated September 6, 1994, and totaling $549,018.22, 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 Babinchak and seconded by Council Member Beyer 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, Geller, Johnson, Hagness - 14;
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voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

CONSIDER BIDS ON VARIOUS CITY PROPERTY

Committee No. 1, Finance, reported having considered the matter of bids on property located at a) 1310 8th Avenue North, b) Lot 4, Block 1, Medvue Estates 6th Resubdivision, and c) Lot 1, Block 1, Medvue Estates 6th Resubdivision, and recommended to accept the bid of Dakota Financial in the amount of $14,000 for Lot 4, Block 1, Medvue Estates 6th Resubdivision, and to reject the bids for the property at 1310 8th Avenue North and Lot 1, Block 1, Medvue Estates 6th Resubdivision.

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, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE JOB DESCRIPTION FOR HUMAN RESOURCE
DIRECTOR (PERSONNEL OFFICER)

Committee No. 1, Finance, reported having considered the matter of changes in personnel officer job description, and recommended to approve changes in human resource director's job description.

It was moved by Council Member Babinchak and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE ISSUANCE OF TAX INCREMENT FINANCING
FOR BURDICK'S RESUBDIVISION

Committee No. 1, Finance, reported having considered the matter of tax increment financing for Burdick's Resubdivision, and recommended to approve issuance of up to $253,000 of tax increment bonds for Lots 1 through 6 and Lots 15 through 20, Block 3, Burdick's Resubdivision.

Committee No. 4, Urban Development, reported having considered the matter of authorization to issue bonds for Burdick Acres project, and recommended that we authorize issuance of the bonds in the amount of $253,000.

It was moved by Council Member Babinchak and seconded by Council Member McCabe that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

INTRODUCE ORDINANCE AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (PERSONNEL DEPARTMENT)

A request from personnel department for budget amendment in the amount of $4,438.16 to transfer funds from cash carry over to line item Medical, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member McCabe that this request be approved. Carried 14 votes affirmative.

Council Member Hagness introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (personnel department), which was presented, read and passed on its first reading.
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APPROVE EXTENSION OF LEASE WITH NEW FLYER

Committee No. 1, Finance, reported having considered the matter of extension of lease with New Flyer, and recommended that we direct the city attorney to draft an extension to the current lease for a period of one year, with all provisions to remain in force.

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

Howard Swanson, city attorney, advised council to amend motion to approve a one-year extension and to do amendment by letter agreement.

It was then moved by Council Member Carpenter and seconded by Council Member Babinchak that we approve the one-year extension of the lease. Carried 14 votes affirmative.

Upon call for the question on the motion, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

ESTABLISH EFFECTIVE DATE OF RETRO-ACTIVE
PAY FOR APPROVED JOB DESCRIPTIONS

Committee No. 1, Finance, reported having considered the matter of effective date of approved job descriptions for R/W and platting officer, office assistant at civic auditorium, and meter repair technician, and recommended that we establish the effective date for purposes of retro-active pay to April 1, 1992.

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

Council Member Carpenter expressed some concerns that job descriptions not changed as soon as employees and department heads knew there was a problem, but need to make department heads and employees aware that if something requires a job description change, that needs to take place before consideration for anything else and that will be the effective date of things in the future.

Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.

TERMINATE EXISTING TAX EXEMPTION FOR ST. ANNE'S,
AND REFER TO PLANNING AND ZONING COMMISSION

Committee No. 1, Finance, reported having considered the matter of tax exemption for St. Anne's property, and took no action, but to allow the action of the Urban Development Committee to take place.

Committee No. 4, Urban Development Committee, reported having considered the matter of property tax exemption for St. Anne's property, and recommended that we not terminate the existing exemption, and that the new developer would have effect of a 10-year exemption.

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

Gary Stenson, MetroPlains Development, Inc., St. Paul, Mn, stated he had met with Mr. Schmisek, Mr. O'Leary, Mr. Bushfield and Clarence Peterson, who
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presently owns St. Anne's, and that opinion from bond counsel, the Dorsey firm, that the present tax increment district could be terminated and a new tax increment district running for fifteen years could be started, that would allow them to have the $150,000 needed from the City to make this project work. He stated that he thought that was the agreement they had, until receiving letter from Mr. O'Leary late last week that the finance and urban development committees had approved only the original 10-year plan. He stated the concern they have is that they don't know exact dollar amount, and that on the 10-year plan they are looking at an annual tax of about $20,000/year, and if capture that for ten years, that's $200,000, present value of that $200,000, since they need the money this fall for construction, is approximately $100,000 or $110,000, that's why they feel they need the fifteen-years at $20,000/year, which would give them $300,000 with present value at $150,000, which is amount of money they need. He stated that he can't say that project won't go forward without that, but would like to have dollars to do the project right. He stated he would like to ask the council to re-affirm what he thought action was about a month ago, when they supported the development, requested the opinion of bond counsel to see if the tax increment district could be re-started, that they would then start next step, which is to amend the CHAS, which is the comprehensive housing study has done. He reported they have completed a private market study that indicates a real need for this type of housing, congregate housing with support services, and that information will help the City in the public hearing process that will happen later this month to amend the CHAS. He reported that if those things fall into place, the Greater Grand Forks Senior Citizens Assn. and his firm have retained an architectural firm, that plans are being started, they have retained an engineering firm and are starting on plans and are ready to proceed.

There was some discussion re. subsidized housing costs. Mr. Stenson reported that financing package consists of little over $1 Million of private equity into project and that's basically available because of the historic tax credits and the housing tax credits; for housing tax credits, they have to rent those units to people with 60% of median income or less. He reported there is also approximately $400,000 in HOME funds into the project through the Office of Governmental Assistance and units tied to the HOME funds have to be rented to people with 50% or less of median income, and a few units that will not be restricted. He reported there are no other subsidies as Section 8 contract that assists those rents; however, if someone had a Section 8 certificate or voucher that travels with them, they would honor that, but there's nothing to subsidize the rents below the figures stated.

Mr. Stenson reported that by using tax credits and HOME fund the property has to be operated as affordable housing for 30-years, cannot be converted to condos or conventional rentals at end of the 15-year exemption.

It was noted that Mr. Peterson is retaining ownership of the property with the 6-plex. Mr. Swanson stated that the council would need to know if the 6-plex is included in the valuation or if it is not, that under the present tax increment the value is frozen at $194/196,000, that if they choose to terminate that tax increment agreement the value will have to be re-established based upon the district that is established. Mr. Stenson stated that after meeting with City officials last week, he understood the intention was to terminate the present district, create a new district that would not include the 6-plex, and that new district that would be created based upon present value. He reported that they had checked with the city assessor's office and were informed that the assessed value of the St. Anne's property, without the 6-plex, was $180,000. Mr. Carsen, city assessor, reported that the $194/196,000 does include the 6-plex, as remodeled.

It was moved by Council Member Beach to amend the motion to terminate the old
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exemption and to create a district which would include a new 13-year exemption.

Mr. Swanson advised council that the motion was premature, that the only issue they would be voting on this evening was whether or not to terminate the existing tax increment agreement and district; assuming that is passed by this body tonight, the matter would then be referred to the Planning and Zoning Commission for the creation of a new district, and if Planning and Zoning acts favorably, the matter would come back to council at the next meeting, the council would then approve the district, set the public hearing and at that time establish the tax increment term.

Council Member Beach withdrew his motion.

It was moved by Council Member Hanson and seconded by Council Member Beach to terminate the existing exemption and refer to the Planning and Zoning Commission for a 15-year exemption, subject to taxes and special assessments being paid.

Upon call for the question on the amendment, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hamerlik, Hanson, Glassheim, Sande, Klave, Geller, Hagness - 9; voting "nay": Council Members Hoeppner, Carpenter, Beyer, Babinchak, Hagness - 5. Mayor Polovitz declared the motion carried.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried.

APPROVE REQUEST TO HOLD DIABETES ASSN.
"RIDE AND STRIDE" EVENT ON SEPTEMBER 10

Committee No. 2, Public Safety, reported having considered the request from Diabetes Assn. to hold "ride and stride" event on September 10, and recommended that the request be approved, contingent upon coordinating the event with the police department.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE HANDICAPPED PARKING SPACE AT 1624
SOUTH 14TH STREET, #1

Committee No. 2, Public Safety, reported having considered the request for handicapped parking space at 1624 South 14th Street, #1, and recommended that the request for handicapped parking space be approved.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE REQUEST BY GRAND FORKS PUBLIC SCHOOLS
TO BLOCK PORTIONS OF 2ND AVENUE NORTH AND
NORTH 6TH STREET FOR BAND PRACTICE

Committee No. 2, Public Safety, reported having considered the request by Grand Forks Public Schools for block of streets (2nd Avenue North and North 6th Street) for band practice during weeks of September 12-16 and 19-23, between the hours of 8:00 a.m. and 9:00 a.m., and recommended that the request be approved.

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It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

ADOPT RESOLUTION RECOGNIZING THE NORTH DAKOTA
CONFERENCE OF SOCIAL WELFARE, INC. AS PUBLIC-
SPIRITED ORGANIZATION ELIGIBLE TO CONDUCT GAMING,
AND APPROVE PERMIT

Committee No. 2, Public Safety, reported having considered the matter of application by North Dakota Conference of Social Welfare, Inc. for raffle permit for September 23, 1994, and recommended that we adopt a resolution recognizing this group as a public-spirited organization eligible to conduct gaming, and to approve the application.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Sande introduced the following resolution which was presented and read: Document No. 6326 - Resolution.

It was moved by Council Member Sande and seconded by Council Member Johnson that this resolution be and is hereby adopted. Carried 14 votes affirmative.

RECEIVE AND FILE MATTER OF TAXI SERVICE TO
AIRPORT

Committee No. 2, Public Safety, reported having considered the matter of taxi service to airport, and recommended to receive and file.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE INSTALLATION OF NO PARKING SIGNS
IN INDUSTRIAL PARK

Committee No. 2, Public Safety, reported having considered the request for "no parking" signs on streets in Industrial Park, and recommended that we approve request for installation of "no parking" signs on November 1 contingent upon receipt of letter from the Industrial Park Tenants Association.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE ENTERING INTO AGREEMENT WITH NORTH
DAKOTA DEPARTMENT OF TRANSPORTATION FOR FEDERAL
AID PROJECT (BRIDGE REPLACEMENT ON SOUTH 42ND
STREET)

Committee No. 3, Public Service, reported having considered the matter of North Dakota Department of Transportation Urban Project Agreement for federal aid project, bridge replacement on South 42nd Street, and recommended approval and to authorize appropriate City officials to sign said agreement.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, 13702
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Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

ACCEPT AND APPROVE EASEMENTS FOR VARIOUS
PROJECTS

Committee No. 3, Public Service, reported having considered the matter of eleven temporary construction and two permanent access and screening easements, including vehicle relocation funds, for U.S. Highway No. 2 Beautification Demonstration Project, at Highway No. 2 between North 55th Street and Airport Drive, for and in consideration of $22,300 and other good and valuable considerations, with funding from beautification grant and matching funds, and recommended we approve purchase of the easements, and that the proper City officials be authorized to sign said easements.

It was moved by Council Member Hamerlik 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, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 3, Public Service, reported having considered the matter of matter of temporary construction easement; drainage and utility easement and warranty deed (Parcels 1-3, 1-2 and 1-1 respectively) for 42nd Street Bridge Replacement Project BRU-6-986(033)036, City Project 4109, located south of 17th Avenue South between South 36th Street and I-29, for and in consideration of $13,150.00, Theodore Camrud and Keith Danks, grantor, with funding part of the project cost, and recommended that we approve purchase of the easement and authorize proper City officials to sign said easements.

It was moved by Council Member Hamerlik 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, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement, drainage and utility easement and warranty deed (Parcels 1-6, 1-5 and 1-4, respectively), for 42nd Street Bridge Replacement Project BRU-6-986(033)036, City Project No. 4109, located south of 17th Avenue South between South 36th Street and I-29, for and in consideration of the sum of $28,850.00 and other good and valuable considerations, Orville and Concordia Birkholz, grantor, with funding part of the project cost, and recommended that we approve purchase of the easements, and authorize proper City officials to sign said easements.

It was moved by Council Member Hamerlik 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, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

CONCUR IN CREATION OF SPECIAL ASSESSMENT
DISTRICT, SIDEWALK PROJECT NO. 4252, DISTRICT
NO. 11

Committee No. 3, Public Service, reported having considered the matter of Project No. 4252, District No. 11, easement of sidewalk from Glenn Circle to strip park, and recommended to concur in the creation of the assessment district as presented by the city engineer.

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It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved, to set the district and further declare our intent to sell bonds. Carried 14 votes affirmative.

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 6327 - Resolution.

It was moved by Council Member Hamerlik 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, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SIDEWALK PROJECT
NO. 4252, DISTRICT NO. 11

The city auditor presented and read the engineer's report on Sidewalk District No. 11, Project No. 4252: Document No. 6327.1 - Report.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this report be and is hereby approved. Carried 14 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SIDEWALK DISTRICT NO. 11, PROJECT NO. 4252

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6327.2 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS,
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4249,
WATERMAIN DISTRICT NO. 236

The city engineer's estimate of total cost of the construction of watermain on 26th Avenue South from South 20th Street to South 21st Street, in the amount of $27,037.50, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of approving plans and specifications for Project No. 4249, District No. 236, watermain on 26th 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.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6328 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISE FOR BIDS, PROJECT NO. 4236, SEWER
DISTRICT NO. 353
13704
September 6, 1994

The city engineer's estimate of total cost of the construction of sanitary sewer on the 3500, 3600 and 3700 blocks of 24th Avenue South, in the amount of $98,495.25, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of approving plans and specifications for Project No. 4236, District No. 353, sanitary sewer on 24th 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.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6329 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4243,
WATERMAIN DISTRICT NO. 235

The city engineer's estimate of total cost of the construction of watermain on 4200 and 4300 blocks of 24th Avenue North and the 2400 block of North 44th Street, in the amount of $78,768.37, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of
approving plans and specifications for Project No. 4243, District No. 235, watermain on 24th Avenue North and 44th 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 Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6330 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4252,
SIDEWALK DISTRICT NO. 11

The city engineer's estimate of total cost of the construction of sidewalk in easements in Haake's 5th Addition, in the amount of $2,930.81, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of approving plans and specifications for Project No. 4252, District No. 11, sidewalk in easement from Glenn Circle to strip park, 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.


13705
September 6, 1994

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6331 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby approved. Carried 14 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
4185, STORM SEWER OUTFALL REPAIRS