Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, October 17, 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, October 17, 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, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; absent: Council Member Hamerlik - 1.

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

APPROVE MINUTES SEPTEMBER 6, 1994

Typewritten copies of the minutes of the regular meeting of the city council held on Tuesday, September 6, 1994 were presented and read. It was moved by Council Member Hagness and seconded by Council Member Sande that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3463, AUTHORIZING THE
INCURRING OF DEBT PAYABLE FROM HOTEL-MOTEL
TAX PROCEEDS TO FINANCE COSTS OF CAPITAL IMPROVEMENTS AND ESTABLISHING PROCEDURES

An ordinance entitled "An ordinance authorizing the incurring of debt payable from hotel-motel tax proceeds to finance the costs of capital improvements and establishing procedures therefor", which had been introduced and passed on its first reading on October 3, 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, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3464, RELATING TO LAND
DEVELOPMENT CODE, ZONING, RELATING TO CONDITIONAL
USES AND SPECIAL CONDITIONS (STRUCTURES OF
HISTORICAL SIGNIFICANCE)

An ordinance entitled "An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0208 (3) relating to conditional uses and (11) special conditions", which had been introduced and passed on its first reading on August 15, 1994, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

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

Janet Hanson, 3603 12th Avenue North, stated she was unable to be at the Planning and Zoning meeting, but received copy of the minutes; that ordinance before council is spot-zoning, which is not an orderly method of planning a city, if it's a school it was intended to be for children, but if a building that truly has historical significance that needs to be preserved, this ordinance makes simple for developer; however, for anyone else makes it very difficult. She stated that she is asking council to have the city attorney
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research how a time element could be added to this ordinance to insure that children will also be given equal opportunity to have their needs met; that not only children but all groups should have an opportunity to purchase any building with historical significance or any building that's been paid for with taxpayers dollars. She stated that the whole idea of historic buildings being preserved, should be to preserve the character of the building, this is impossible in this ordinance because it defeats the purpose of the ordinance in that it fails to preserve a building in its historic use, so persons who can preserve that quality of a building should be given first preference and then only if that cannot be accomplished, should a developer be given the approach to go forward. She raised question re. advertisement of notice (two days) for sale of the school, and additional terms which were not fulfilled; and copies of proclamation from Governor Schaefer proclaiming a day for taxpayers, and asked council to read and study, and to have the city attorney check on the time element.

Mr. Swanson stated proposed ordinance would only apply to public entities owning property, that they have done their research and are prepared to give opinions to the council this evening. He reported that he had received proposed amendment from Mrs. Hanson with proposed language, which was reviewed and find that language in proposed amendment would be struck down as being unconstitutionally vague and ambiguous. He stated that they then assumed that the language problems could be corrected and researched what implications were of adopting an ordinance of this nature, and then reviewed to determine whether any other cities have adopted ordinances of a similar nature and did not find that any communities have adopted a similar restriction upon another political subdivision. He stated in research found case law that would indicate that a city does not have the ability to impose purchase or sale requirements in excess of that required by state law; the State of North Dakota has not had the opportunity to rule on that type of issue. He also reported that they have found case law that would support this type of argument that this would be a violation of equal protection, in that it only applies to public ownership of property, and not private ownership. He stated they have strong suspicions that a court would strike that down as being violative of equal protection clause; that he also analyzed whether or not this ordinance, if adopted, would apply to the Roosevelt School situation and questioned whether it would, as the sale transaction has already occurred; this would appear to be some type of retroactive application or impairment of contract, that is open issue of fact, not law; if the contract has been concluded, the City would not have the ability to impose this restriction on a prior sale; if not concluded, then the question is whether or not there has been a reliance either on the part of the school or on the part of the potential purchasers. He stated they also believe there is significant exposure for an argument that the School Board would have against the City for a temporary taking for the period of the time that the property could not be sold pending this additional hearing. He stated there is no law in North Dakota directly in point, however, analysis of each of those issues lead us to conclude that to pass such an amendment to the proposed ordinance would be significantly at risk. If the concern is that the ordinance in its present form is not acceptable, his advice to this body would be to defeat the ordinance in its entirety, not to attempt to pass an amendment as has been suggested.

Mayor Polovitz concluded the public hearing.

The City Planning and Zoning Commission reported having considered the matter of referral and reconsideration from the city council for final approval of an ordinance to amend the text of the Land Development Code, Article 2. Zoning Regulations; Section 18-0208, R-1 Single Family Residence District, subsection (3) conditional uses (D) structures of historical significance, and recommended approval and passage of the ordinance amending the Land
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Development Code which includes no changes from prior approval action.

It was moved by Council Member Glassheim and seconded by Council Member Hagness 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, Hanson, Glassheim, Beach, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

POSTPONE ACTION ON FINAL PLAT AND SECOND
READING OF ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF CONCRETE, INC. 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 concrete, Inc. Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 19, 1994, and upon which public hearing was scheduled for this evening, was presented and read for consideration.

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 the auditor's 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.

The City Planning and Zoning Commission reported having considered the matter of the request from Webster, Foster and Weston on behalf of MNDak Concrete, Inc. for final approval of the plat of Concrete, Inc. Addition, being part of the NW Quarter of Section 7, Township 151 North, Range 50 West, Grand Forks County, North Dakota (located south of DeMers Avenue between South 48th Street and South 55th Street extended), and recommended tabling until November 7, 1994.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved, and the matter of the final plat and second reading of the ordinance be tabled until November 7, 1994. Carried 13 votes affirmative.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3465, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF MEDVUE ESTATES FOURTH RESUBDIVISION,
REPLAT OF BLOCK 1

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 Medvue Estates Fourth Resubdivision, Replat of Block 1, Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 19, 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
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further that to date no protests or grievances had been filed with the auditor's 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.

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the Park District of the city of Grand Forks, ND for final approval of the plat of Medvue Estates Fourth Resubdivision, Replat of Block 1 (located in the southeast corner of South 34th Street and 11th Avenue South), 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 Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 13 votes affirmative.

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

ADOPT ORDINANCE NO. 3466, AMENDING THE ZONING
MAP TO INCLUDE WITHIN B-3 (GENERAL BUSINESS)
DISTRICT KORYNTA-LEMM 3RD RESUBDIVISION, BLOCK
1, LOTS 3, 4 AND 5

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the I-2 (Heavy Industrial) District and to include within the B-3 (General Business) District, Korynta-Lemm 3rd Resubdivision, Block 1, Lots 3, 4 and 5, Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 19, 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 the auditor's 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.

The City Planning and Zoning Commission reported having considered the matter of the request from Brad Norden on behalf of Lovilla Norden Decicco for final approval of an ordinance to amend the Zoning Map to exclude from the I-2 (Heavy Industrial) District and to include within the B-3 (Service Business) District Block 1, Lots 3, 4 and 5, Korynta-Lemm 3rd Resubdivision, Grand Forks, ND (located in the northeast corner of Gateway Drive and North 52nd Street), and recommended approval and passage of the ordinance amending the Zoning Map.

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

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

APPROVE FINAL PLAT, AND ADOPT ORDINANCE
NO. 3467, AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF ST. ANNE'S RESUBDIVISION

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 St. Anne's Resubdivision, being a Replat of a portion of Auditor's Resubdivision No. 17, McCormack's Addition and McCormack's Second Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 19, 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 the city auditor's 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.

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Clarence Peterson for final approval of the plat of St. Anne's Resubdivision, Grand Forks, North Dakota, being a Replat of Auditor's Resubdivision No. 17 of the city of Grand Forks, Grand Forks County, North Dakota, Block 2, Lot 4, and all of Block 3 and a Replat of McCormack's Second Addition to Grand Forks, Block 41, and all that portion of vacated 9th Avenue North (formerly L'Hiver Avenue) lying adjacent thereto and (located in the southwest corner of Gateway Drive and Lewis Boulevard), 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 Glassheim and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

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

CONTINUE PUBLIC HEARING ON ISSUANCE OF $1,925,000
SEWER RESERVE REVENUE BONDS

The city auditor reported that a public hearing had been scheduled for this evening to consider the issuance of $1,925,000 sewer reserve revenue bonds series 1994D for the purpose of financing improvements to the public works facility, to defray the cost of said improvement, and to consider adopting a resolution authorizing the issuance of such bonds including a provision for the establishment of a reserve in an amount equal to the maximum amount of bond principal and interest to become due thereon on any full calendar year, which reserve is to be established and maintained from bond proceeds or revenues on hand and available therefore, and that if at any time a deficiency exists in the reserve, the city council may levy a tax upon all taxable
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property in the city for payment of such deficiency; and further that written protest against the issuance of such bonds must be filed in the office of the city auditor within 20 days after publication of this notice.

Howard Swanson, city attorney, reported that the notice didn't receive sufficient publication time and advised the council to continue the public hearing to the next council meeting.

It was moved by Council Member Beyer and seconded by Council Member Geller to continue the public hearing until Monday, November 7, 1994 at 7:30 o'clock p.m. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4147, DISTRICT NO. 526

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4147, Paving District No. 526, in the amount of $298,244.15, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that protest had been filed by Grant Shaft, attorney for Valley Ho Mobile Home Park, for and in their behalf.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments.

Grant Shaft, attorney, stated he was here in behalf of Valley Ho Mobile Home Park, re. paving of North Columbia Road and Bacon Road. He stated he had appeared before the Special Assessment Commission on September 27 and made number of arguments why Valley Ho feels assessments should be reduced and that he is here to appeal the decision of the Special Assessment Commission, which made a determination that they would leave the assessment as it initially stood, and that was $15,171.94: 1) assessment of Bacon Road, that the assessment for Bacon Road is spread out equally among all of the properties in the district is unfair to Valley Ho in that they couldn't find where Valley Ho Mobile Home Park benefitted in any way by paving of Bacon Road; Bacon Road not utilized for access to Valley Ho; that cost of Bacon Road should be withdrawn from the total project, split among adjacent property owners, and not be assessed to Valley Ho; 2) the second request is that in apportioning the cost to the properties, there were different multipliers that were used, and the argument that Valley Ho has is that the ND State Highway Department lot, the Valley Ho Addition and the Fairgrounds Subdivision were all used multiplier 1.5 rather than 1.0 because according to the engineering department these three parcels are significantly larger than the other parcels and therefore, should bear a higher portion of the cost, and that Valley Ho received some extraordinary benefits from the project. He stated they would ask that they not participate in Bacon Road paving, and the multiplier be reduced to 1.0.

Brian Pykko, Special Assessment Commission, and Dale Sailer, accountant, reviewed cost of the project ($298,244.15 total assessed cost). Mr. Sailer reported contract cost $274,000 plus administrative costs, advertising, interest, R/W expense, for a total cost $346,800.00, less 20% City's share
plus replatting of State Mill property ($6,244.15 assessed only to State Mill property), for total of $298,244.15. He also reported that one-half of the $292,000.00 or $146,000.00 is being paid through tapping charges). Mr. Pykko reviewed formula for assessment properties.

After considerable discussion Mayor Polovitz closed the public hearing.

It was moved by Council Member Hoeppner and seconded by Council Member Johnson
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that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SIDEWALK PROJECT NO. 4151

The city auditor presented and read the assessments as certified by the city engineer, and approval and confirmation of these assessments by the city engineer on Sidewalk Project No. 4151, in the amount of $125,109.76, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the city auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in five annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS MALL OPERATIONS
PROJECT NO. 2695.1

The city auditor presented and read the assessments as made by the city auditor and the approval and confirmation of these assessments by the auditor on Project No. 2695.1, Mall Operations, in the amount of $144,364.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the city auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in one annual installment of principal, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATER TAPPING CHARGES
(PROJECT NO. 1194.0)

The city auditor presented and read the assessments as made by the city engineer, and the approval and confirmation of these assessments by the engineer for water tapping charges (Project No. 1194), in the amount of $12,710.46, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the city auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member
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Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 13 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, DELINQUENT WATER
BILLING, PROJECT NO. 9001

The city auditor presented and read the assessments as made by the city auditor and the approval and confirmation of these assessments by the auditor on Project No. 9001, delinquent water billings, in the amount of $8,904.34, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the city auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in one annual installment of principal, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER CONNECTION
FEES, PROJECT NO. 1094.0

The city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the engineer on Project No. 1094.0, sewer connection fees, in the amount of $43,084.59, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 13 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WEED CUTTING PROJECT
NO. 4173

The city auditor presented and read the assessments as made by the city health department and/or city engineer, and the approval and confirmation of these assessments by the supervising sanitarian and/or city engineer on Project No. 4173, weed cutting for 1994, in the amount of $4,470.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

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It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in one annual installment of principal, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT
NO. 3888, DISTRICT NO. 521

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 3888, Paving District No. 521, in the amount of $210,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4081, DISTRICT NO. 515

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4081, Paving District No. 515, in the amount of $117,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4087, DISTRICT NO. 524

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4087, Paving District No. 524, in the amount of $195,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.
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It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4116, DISTRICT NO. 520

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4116, Paving District No. 520, in the amount of $73,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4222, DISTRICT NO. 528

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4222, Paving District No. 528, in the amount of $151,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4129, DISTRICT NO. 525

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4129, Paving District No. 525, in the amount of $39,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to
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make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, STREET IMPROVEMENT
PROJECT NO. 4227, DISTRICT NO. 84

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4227, Street Improvement District No. 84, in the amount of $35,250.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT NO.
4207, DISTRICT NO. 231

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4207, Watermain District No. 231, in the amount of $46,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT NO.
4136, DISTRICT NO. 229

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4136, Watermain District No. 2289, in the amount of $54,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.
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Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4206, DISTRICT NO. 347

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4206, Sewer District No. 347, in the amount of $23,000, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4216, DISTRICT NO. 350

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4216, Sewer District No. 350, in the amount of $70,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 4119, DISTRICT NO. 99

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4119, Street Lighting District No. 99, in the amount of $1,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had
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