Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, December 5, 1994

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, December 5, 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, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; absent: Council Members Hanson, Glassheim, Beyer - 3.

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 19, OCTOBER 3 AND
17, 1994

Typewritten copies of the minutes of the adjourned and regular meetings of the city council held on Monday, September 19, 1994 and October 3 and 17, 1994, were presented and read. It was moved by Council Member Sande and seconded by Council Member Hoeppner that these minutes be approved as read. Carried 11 votes affirmative.

SUSPEND ORDER OF AGENDA AND CONSIDER MATTER
OF SELECTION OF CITY FLAG

Council Member McCabe moved that the council suspend rules of order and consider agenda item 9-3 relating to the selection of a city flag. The motion was seconded by Council Member Klave. Carried 11 votes affirmative.

Council Member McCabe stated that the four flag designs on display were the four top designs selected by the judges, that the artists have given the City ownership of the flag designs, and asked council to rank designs. Upon tally of the vote it was announced that Scott Telle and Craig Silvernagle were winners with their design of a stalk of wheat and a feather crossed above a stylized representation of green fields and rivers meeting in a fork. Council Member McCabe introduced the artists of the four top designs: Scott Telle and Craig Silvernagle, Bob Shjeflo, John Halverson, and Bob Ainsbrey of Bismarck who was unable to be here; the organizational committee members: Bob Kerr, WDAZ News, Mike Jacobs, editor and publisher of the Grand Forks Herald, Ben Hart of Convention & Visitors Bureau and Diane Blair, Chamber of Commerce; and judges: Paul Robinson, North Valley Arts Council, Linda Lutouski of the city school district, Kathleen Lander of the Chamber of Commerce, Jim Penwarden of UND's graphic arts department, Kristine Fish of the Valley Advertising Council, and Christine Maruska, City of Grand Forks.

It was moved by Council Member McCabe and seconded by Council Member Hamerlik to adopt the selected design as the official flag of the city of Grand Forks. Carried 11 votes affirmative.

COUNCIL MEMBER McCABE EXCUSED

ADOPT ORDINANCE NO. 3477, AUTHORIZING ISSUANCE
OF GENERAL OBLIGATION BONDS PAYABLE FROM HOTEL-
MOTEL TAX PROCEEDS TO FINANCE COST OF CAPITAL
IMPROVEMENTS AND ESTABLISHING PROCEDURES

An ordinance entitled "An ordinance authorizing the issuance of general obligation bonds payable from hotel-motel tax proceeds to finance the costs of capital improvements and establishing procedures therefor and repealing Ordinance No. 3463", which had been introduced and passed on its first reading 13816
December 5, 1994

on November 21, 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, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO 3478, INCREASING RATES
FOR WATER, WASTEWATER AND STORMWATER SERVICES

An ordinance entitled "An ordinance amending Sections 15-0115, 15-0116, 15-0117.1(2), 15-0117.1(4), 15-0301, and 15-0304(2)(F) of the Grand Forks City Code relating to various fees, charges, and rates", which had been introduced and passed on its first reading on November 21, 1994, was presented and read for consideration on second reading and final passage.

Inasmuch as the council agenda listed each ordinance separately, the city attorney advised council to consolidate the ordinances into one. It was so moved by Council Members Hoeppner and Babinchak. Carried 10 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3479, RELATING TO FEES
AND CHARGES

An ordinance entitled "An ordinance amending various provisions of the Grand Forks City Code relating to fees and charges", which had been introduced and passed on its first reading on November 21, 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, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3480, RELATING TO MOSQUITO
CONTROL FEE

An ordinance entitled "An ordinance amending Section 15-0117 of the Grand Forks City Code relating to mosquito control fee", which had been introduced and passed on its first reading on November 21, 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, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3481, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (E-911
SYSTEM)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (E-911 System), which had been introduced and passed on its first reading on November 21, 1994, was presented and read for consideration on second reading and final passage.

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December 5, 1994

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

COUNCIL MEMBER McCABE REPORTED BACK

RESCHEDULE PUBLIC HEARING ON REQUEST FROM
METROPLAINS FOR ESTABLISHING OF A TAX EXEMPTION
DISTRICT FOR ST. ANNE'S PROPERTY

The city auditor reported that the public hearing on the request by MetroPlains Development, Inc. for establishing of a fifteen-year tax exemption district for the St. Anne's property to assist in the development of the property, had been continued from the November 7, 1994 council meeting until this evening; however, his office has not received the affidavit of publication of notice to competitors and notice of public hearing on proposed multi-family housing development.

Howard Swanson, city attorney, advised that he had corresponded with MetroPlains Development after the last meeting, and forwarded to them a draft agreement for the tax exemption and they provided him with some comments regarding the agreement but no comments or explanation as to why they had missed the first publication, and has received no correspondence from them at all with respect as to why the second publication has not occurred. He stated that he does not believe the publication has been made and there is no filing of an affidavit, and at this point this body has acted on and terminated the
existing tax exemption with the intent following the needed public hearing to act upon a request for an additional 15-year exemption, that latter exemption has not been finally acted upon and unless they move forward with the required publication which they were notified of and unless this body acts by February 1, 1995, the property will be on the tax rolls for tax year 1995; and that their options are either to reset a public hearing or to decline to set the public hearing and notify the developer of the termination of the tax exemption, or to take no action at all and table indefinitely.

It was moved by Council Member Beach that we reset the public hearing for January 17, 1995; seconded by Council Member Hoeppner.

Council Member Carpenter asked that the city auditor's office contact them and direct them to do this and ask that they have a representative at the meeting to answer questions relative to the tax exemption.

Upon call or the question and upon voice vote, the motion carried.

HOLD PUBLIC HEARING ON FY 1995 FTA
SECTION 9 GRANT APPLICATION AND AUTHORIZE
SUBMISSION OF GRANT APPLICATION

The city auditor reported that the required legal notice calling for a public hearing to be held this evening on the FY95 FTA Section 9 grant application program of projects and budget in the amount of $769,602.00, had been published as required. It was noted that the proposed program of projects and budget will be submitted to the Federal Transit Administration as part of the grant application process.

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

There being no comments, Mayor Polovitz closed the public hearing.


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December 5, 1994

It was moved by Council Member Sande and seconded by Council Member Klave that we authorize submittal of the FY 1995 Grant Application to the Federal Transit Administration and authorize the proper City officials to execute the documents. Carried 11 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that the consent agenda items be referred to the proper committee as noted for consideration. Carried 11 votes affirmative.

Public Safety Committee:
1) request to call for bids for 1995 police vehicles.

REPORTS OF OFFICERS

The city auditor's investment summary as of November 30, 1994 was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Carpenter to receive and file. Carried 11 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-21, dated December 5, 1994 and totaling $1,826,132.53, 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 Sande and seconded by Council Member Hamerlik 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, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

ADOPT INITIAL RESOLUTION AUTHORIZING
ISSUANCE AND CALL FOR THE PUBLIC SALE OF GENERAL
OBLIGATION BONDS (HOTEL-MOTEL TAX), SERIES 1995A
AND SET SALE DATE FOR JANUARY 3, 1995

Committee No. 1, Finance, reported having considered the matter of setting sale date for Convention & Visitors' Bureau (CBV) bonds, and recommended adopting the initial resolution authorizing issuance and calling for the public sale of general obligation bonds (Hotel/Motel tax), Series 1995A, and set the sale date for January 3, 1995.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member McCabe introduced the following resolution and moved its adoption: Document No. 6378 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Babinchak, and upon vote being taken thereon, the following voted in favor: Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the mayor and his signature attested by the city auditor.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PARKING IMPROVEMENT DISTRICT NO. 10, PROJECT NO. 4285

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December 5, 1994

Committee No. 1, Finance, reported having considered the matter of creating assessment district for downtown parking ramp, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, that we pass a resolution instructing the engineer to prepare detailed plans and specifications, and further that we declare our intent to sell bonds to finance these improvements.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative

Council Member McCabe introduced the following resolution creating the assessment district, which was presented and read: Document No. 6379 - Resolution.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the resolution adopted.

ACCEPT ENGINEER'S REPORT, PARKING IMPROVEMENT
DISTRICT NO. 10, PROJECT NO. 4285

The city auditor presented and read the engineer's report on Parking Improvement District No. 10, Project No. 4285: Document No. 6380 - Report.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this report be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, PARKING
IMPROVEMENT DISTRICT NO. 10, PROJECT NO. 4285

Council Member McCabe introduced the following resolution of necessity, which was presented and read: Document No. 6381 - Resolution.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

INTRODUCE ORDINANCE AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (PARKING
RAMP)

Committee No. 1, Finance, reported having considered the matter of budget amendment, $93,163.00 from General Fund to Parking Ramp budget, and recommended to approve amendment to the budget and to introduce the ordinance for first reading.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (General Fund and Parking Ramp budgets), which was presented, read and passed on its first reading.


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December 5, 1994

RECEIVE AND FILE OFFER TO RENT SPACE IN BILL
LARSON BUILDING

Committee No. 1, Finance, reported having considered the matter of offer by Expressions to rent space in the Bill Larson building, and recommended to receive and file.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

ACCEPT PROPOSAL OF BRADY MARTZ & ASSOCIATES
TO PERFORM AUDIT OF CITY RECORDS FOR THREE-
YEAR PERIOD

Committee No. 1, Finance, reported having considered the matter of audit proposals for City of Grand Forks, and recommended to accept the bid of Brady Martz & Associates, P.C. for the three-year period as follows: $16,850 for year ended December 31, 1994 with additional fee of $500 for Housing Authority management account; $17,000 for year ended December 31, 1995 with additional fee of $550 for Housing Authority management account; and $17,350 for year ended December 31, 1996 and $600 for Housing Authority management account; and zero fee for including the River Forks Commission.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE LEASE RENEWALS FOR CITY PROPERTY

Committee No. 1, Finance, reported having considered the matter of lease renewal with Frank F. and Judy A. Bures, 1005 Reeves Drive, for leasing of Lot 4, Block 1, McIntyre Subdivision, and recommended that we authorize proper City officials to enter into a lease under same terms as previous lease.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 1, Finance, reported having considered the matter of lease renewal with William J. Wrenn, 2329 University Avenue, for leasing of Lots A and B, Block 1, University Park Addition, and recommended that we authorize proper City officials to enter into a lease under same terms as previous lease.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 1, Finance, reported having considered the matter of lease renewal with Bernard Miller, Miller's True Value Hardware, 1803 South Washington Street, for leasing of Block 1, east 33 ft. of south 33 ft. of Lot 5, Cox's Addition (property on which Lift Station No. 14 is located), and recommended that we authorize proper City officials to enter into a lease under same terms as previous lease.

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December 5, 1994

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPLICATION BY PHILADELPHIA MACARONI
TO ASSUME EXISTING PROPERTY TAX EXEMPTIONS
FOR CONTE LUNA FOODS, INC.

Committee No. 1, Finance, reported having considered the matter of real estate tax exemption, Conte Luna Foods, Inc., and recommended a finding that there are no competitors of Conte Luna Foods present within the city limits and that the notice requirements be waived, and that the application by Philadelphia Macaroni to assume the existing property tax exemptions be approved.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE PURCHASE OF DELINQUENT TAX
PROPERTIES FROM COUNTY OF GRAND FORKS

Committee No. 1, Finance, reported having considered the matter of purchasing delinquent properties from the County, and recommended that we authorize purchase of the property as follows: a) Unplatted Parts, beg. at a point 760 ft. west and 1017 ft. north of southeast corner of said Section 31, thence west 367.10 ft., south 100 ft. along east R/W line of I-29, east 367.10 ft., and north 100 ft. to point of beginning; b) Lot 13, Block 43, Lindsay's Addition, less part to City; c) Lot 14, Block 43, Lindsay's Addition, less part to City; and d) Unplatted Parts of Falconer Twp., Unplatted Parts, being a tract of land in SE Quarter SE Quarter Section 31, Twp. 152-50, beginning at northwest corner of Lot 1, Harty's Property.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE RENTAL AGREEMENT WITH MPO FOR
OFFICE SPACE

Committee No. 1, Finance, reported having considered the matter of rental agreement with MPO (Metropolitan Planning Organization) for office space, and that we authorize the proper City officials to enter into the agreement to provide office space in the planning office for a period of three years beginning January 1, 1995, with an additional two-year option, at the current rate of $9.00/sq.ft.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE INSTALLATION OF FENCE AT 1407
LEWIS BOULEVARD


13822
December 5, 1994

Committee No. 2, Public Safety, reported having considered the matter of snowmobile issue at 1407 Lewis Boulevard re. trespassing on private property, and recommended installation of snow fencing between the northeast parapet of the Kennedy Bridge and the picket fence at 1407 Lewis Boulevard.

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

Al Berger, 1407 Lewis Boulevard, stated that motion should read "between the northwest....". It was moved by Council Member Hoeppner and seconded by Council Member Johnson to amend the motion to change northeast to northwest. Carried 11 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 11 votes affirmative.

INTRODUCE ORDINANCE AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (EMERGENCY
MANAGEMENT)

A request to transfer funds in the amount of $1,059.00 from 1993 cash carryover to contingencies in the Emergency Management budget to cover the cost of three pagers for ARES was presented and read. It was moved by Council Member Sande and seconded by Council Member Hoeppner that this request be and is hereby approved. Carried 11 votes affirmative.

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

ADOPT RESOLUTION RECOGNIZING GRAND FORKS
COUNTY WATER RESCUE AS PUBLIC-SPIRITED
ORGANIZATION ELIGIBLE TO CONDUCT GAMING,
AND APPROVE APPLICATION

Committee No. 2, Public Safety, reported having considered the matter of application by Grand Forks County Water Rescue to conduct games of chance (raffle on February 1, 1995), and recommended that we adopt a resolution recognizing the Grand Forks County Water Rescue as a public-spirited organization eligible to conduct games of chance, and to approve the application.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Sande introduced the following resolution which was presented and read: Document No. 6382 - Resolution.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 11 votes affirmative.

ADOPT RESOLUTION RECOGNIZING KAPPA CHAPTER
OF PI THETA EPSILON AS PUBLIC-SPIRITED
ORGANIZATION ELIGIBLE TO CONDUCT GAMING, AND
APPROVE APPLICATION

Committee No. 2, Public Safety, reported having considered the matter of application by Kappa Chapter of Pi Theta Epsilon, UND, to conduct games of change, raffle February 10, 1995, and recommended that we adopt a resolution recognizing the Kappa Chapter of Pi Theta Epsilon, UND, as a public-spirited

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December 5, 1994

organization eligible to conduct games of chance, and to approve the application.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Sande introduced the following resolution which was presented and read: Document No. 6383 - Resolution.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 11 votes affirmative.

ADOPT RESOLUTION RECOGNIZING GRAND FORKS COUNTY
4-H LEADERS COUNCIL AS PUBLIC-SPIRITED
ORGANIZATION ELIGIBLE TO CONDUCT GAMING, AND
APPROVE APPLICATION

Committee No. 2, Public Safety, reported having considered the matter of application by Grand Forks County 4-H Leaders Council to conduct games of chance, raffle on June 18, 1995, and recommended that we adopt a resolution recognizing the Grand Forks County 4-H Leaders Council as a public-spirited organization eligible to conduct games of chance, and to approve the application.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Sande introduced the following resolution which was presented and read: Document No. 6384 - Resolution.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 11 votes affirmative.

RECEIVE AND FILE CLAIM FOR DAMAGES TO
PROPERTY AT 24 SANDY HILLS LANE

Committee No. 3, Public Service, reported having considered the matter of claim by David Hein, 24 Sandy Hills Lane, for damages (foundation failed), and recommended to receive and file.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 3821, RICHARD'S WEST
STORM SEWER

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 3 to engineering services agreement with Webster, Foster & Weston for Sewer Project No. 3821, Richard's West storm sewer, and recommended approval of the amendment to the agreement in the amount of $5,893.36.

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, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.


13824
December 5, 1994

AUTHORIZE ENTERING INTO AGREEMENT FOR
ENGINEERING SERVICES FOR CONSTRUCTION
PHASE OF PROJECT NO. 4109, BRIDGE REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of construction engineering services agreement for Urban Federal Aid Project No. BRU-6-986(033)036, bridge on South 42nd Street at 17th Avenue South, City Project No. 4109, and recommended to authorize entering into the agreement with KBM, Inc. in an amount not to exceed $21,469.80.

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, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDERS FOR PROJECT NO. 4117,
RENOVATION OF PUBLIC WORKS FACILITY

Committee No. 3, Public Service, reported having considered the change orders for Project No. 4117, renovation of public works facility: a) Change Order #M-2 for mechanical construction, Lunseth's, $2,852.00; b) Change Order #E-2 for electrical construction, Bergstrom's, $271.00; and c) Change Order #C-3 for general construction, Innes Construction, $4,590.00; and recommended that the change orders be approved.

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, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO LEASE/PURCHASE AGREEMENT
WITH CITY OF DEVILS LAKE FOR ACQUISITION OF
USED LANDFILL COMPACTOR

Committee No. 3, Public Service, reported having considered the matter of lease/purchase agreement for acquisition of used landfill compactor from the City of Devils Lake, and recommended to approve entering into a lease/purchase agreement with the City of Devils Lake under terms and conditions (trade landfill disposal service) in the agreement and with said agreement to be terminated within one year with the final payment of $1,000.00.

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, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

REFER MATTER OF AIRPORT WATER BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of airport water, and recommended to approve engineering plan, subject to approval by the fire department.

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

It was reported that the fire department has not reviewed the plan, and have had no contact with Mr. Selig.


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December 5, 1994

Council Members Hagness and Klave asked that this matter be sent back to committee. Mayor Polovitz referred the matter back to the public service committee.

APPROVE PILOT PROGRAM FOR QUALITY MANAGEMENT
SYSTEM IN STREET DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of total quality management system in street department, and recommended a pilot program for the City street department with complete evaluation of the program before proceeding further.

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

It was noted that program is to be evaluated at end of first phase to determine whether to stop program or to continue, with no cost to the City should the program be stopped at that time.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE VARIOUS BUDGET TRANSFERS AND AMENDMENTS
AND INTRODUCE ORDINANCES

Committee No. 4, Urban Development, reported having considered the following budget transfers and amendments and recommended approval:

a) request to transfer $315,372 within Office of Urban Development budget to correct budget to reflect year of grant from which funds were received due to carry over.
b) request to transfer $24,577 within Office of Urban Development budget for administration due to increase in entitlement grant.
c) request to transfer $1,900 within Office of Urban Development budget to adjust budget to reflect actual figures.
d) request to transfer $453,730 within Office of Urban Development budget to adjust for 1994 Home grant not being received in 1994 and for 1992 and 1993 Home grants being expended in 1994 (construction of Home projects did not begin until 1994, and minor alterations of the 1994 Home Adm. Department).
e) request to amend budget of Office of Urban Development in the amount of $38,257, to adjust budget for increase in staff positions.
f) request to amend budget of Office of Urban Development in the amount of $153,860, to show additional RR grants carried forward from previous years.
g) request to amend budget of Office of Urban Development in the amount of $348,891, adjust for grant funds being carried over because the Home Grant project construction did not begin until 1994.
h) request to amend budget of Office of Urban Development in the amount of $250,000 to reflect 15-year loan to be received from Community National Bank for completion of Home houses (loan to be made to Grand Forks Housing Authority).
i) request to amend budget of Office of Urban Development in the amount of $826,522, adjust budget for FEMA grant for riverbank cleanup for 1993 flood, adjust budget for State CDBG grant for portion of flood relief grant for tri-county area, and to adjust budget for carryover of HUD SPG for Burdick's Subdivision.

It was moved by Council Member Beach and seconded by Council Member Hoeppner that these transfers and amendments be and are hereby approved. Carried 11 votes affirmative.

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December 5, 1994

Council Member Beach introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development, $38,257), which was presented, read and passed on its first reading.

Council Member Beach introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development, $153,860), which was presented, read and passed on its first reading.

Council Member Beach introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development, $348,891), which was presented, read and passed on its first reading.

Council Member Beach introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development, $250,000), which was presented, read and passed on its first reading.

Council Member Beach introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development, $826,522), which was presented, read and passed on its first reading.

RECEIVE AND FILE CLAIM FOR SPOUSAL BENEFITS
UNDER PENSION PLAN

The Pension Committee reported having considered the request from Rod Waddell concerning claim for his father (deceased), and recommended to receive and file.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE APPOINTMENTS TO HOUSING BOARD

Mayor Polovitz announced the appointment of Council Member Hoeppner and County Commissioner William "Spud" Murphy to the Housing Authority Board for five-year terms expiring July 14, 1999, and asked for concurrence in these appointments. It was moved by Council Member Beach and seconded by Council Member Klave that these appointments be and are hereby approved. Carried 11 votes affirmative.

APPROVE APPOINTMENT TO MPO EXECUTIVE POLICY
COMMITTEE

Mayor Polovitz announced the appointment of Council Member Hamerlik to the MPO Executive Policy Committee for a two-year term expiring August 1, 1996, and asked for concurrence in this appointment. It was moved by Council Member McCabe and seconded by Council Member Hagness that this appointment be and is hereby approved. Carried 11 votes affirmative.

APPROVE APPOINTMENTS TO BOARD OF APPEALS

Mayor Polovitz announced the following appointments to the Board of Appeals: David Vaaler for a term expiring April 16, 1996; Ron Apanian, James Glick, Leonard Aalgaard and George Hastings for three-year terms expiring October 18, 1997, and asked for concurrence in these appointments. It was moved by Council Member Sande and seconded by Council Member Hamerlik that these

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appointments be and are hereby approved. Carried 11 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 263, dated November 30, 1994, and totaling $1,206,585.10, was presented and read.

It was moved by Council Member Carpenter and seconded by Council Member Sande that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same.

Council Member Babinchak asked to abstain on payment of estimates to Duckstad Contracting. It was moved by Council Member Carpenter and seconded by Council Member Beach that Council Member Babinchak be excused from voting on estimates paid to Duckstad Contracting. Carried 10 votes affirmative.

Upon call for the question and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 10; voting "nay": none; and Council Member Babinchak abstaining from voting on estimates for Duckstad Contracting. Mayor Polovitz declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION