Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, March 20, 1995


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, March 20, 1995 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Babinchak, Johnson, Hagness - 9; absent: Council Members Beach, Glassheim, Geller - 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.

PRESENTATION OF CERTIFICATE OF ACHIEVEMENT
FOR EXCELLENCE IN FINANCIAL REPORTING TO
FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT

Mayor Polovitz presented Certificate of Achievement for Excellence in Financial Reporting to John Schmisek, city auditor, and staff for its comprehensive annual financial report for the fiscal year ending December 31, 1993 from the Government Finance officers' Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports achieve the highest standards in government accounting and financial reporting. Mr. Schmisek accepted the certificate on behalf of his department.

COUNCIL MEMBER McCABE REPORTED PRESENT

PRESENTATION OF AWARD TO DR. FLOYD HICKOCK

Mayor Polovitz presented the Outstanding Ordinance Award for 1994 from the West Central Chapter of the American Planning Association to Dr. Floyd Hickock on behalf of the City of Grand Forks and thanked him for the work he did on the project. Mayor Polovitz read the certificate which stated that the award is for the development of a new city zoning map tailored to incorporate the informational needs of the financial community, real estate and development industry, appraisers as well as the general public; that the new zoning map utilizes computer technology to store, retrieve and manipulate a comprehensive data base containing information on parcel boundaries, floodplain and floodway information as well as boundary lines for all city zoning districts; that the new map was primarily the work of Dr. Hickock, the GIS director of the Metropolitan Planning Organization and Jessica Markeuson, an intern with the planning department.

COUNCIL MEMBER BEYER REPORTED PRESENT

ADOPT ORDINANCE NO. 3508, TO ANNEX
PERKINS 2ND ADDITION TO THE CITY

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Perkins 2nd Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 6, 1995, was presented and read for consideration on second reading and final passage.

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
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the following voted "aye"; Council Members McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3509, AMENDING LICENSE
FEES FOR CHAUFFEUR'S LICENSE AND MOBILE HOME
COURT

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 March 6, 1995, 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 McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

HOLD PUBLIC HEARING ON APPLICATION BY YOUNG
MANUFACTURING, INC. FOR FIVE-YEAR PROPERTY
TAX EXEMPTION, AND GRANT EXEMPTION

The city auditor reported that pursuant to the provisions of Section 40-57.1 of the North Dakota Century Code, notice had been given that the city council would meet this evening to consider the application by Young Manufacturing, Inc., 2331 North 42nd Street, for a five-year exemption of property tax on a proposed expansion to their existing facility at 2331 North 42nd Street (Lots B and 10-15, Lemm's Acres Subdivision), which the applicant will use in the operation of his business and further that no protests or grievances had been filed with his office.

Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments and Mayor Polovitz closed the public hearing.

It was moved by Council Member Klave and seconded by Council Member Hoeppner that we do find and determine an insufficiency of protest on the application. Carried 11 votes affirmative.

Committee no. 1, Finance, reported having considered the application by Young Manufacturing, Inc., 2331 North 42nd Street, for a 5-year property tax exemption for an addition to the existing building, and recommended approval of the application for the five-year property tax exemption on a declining scale as follows: 100% exemption for the first year, 80% the second year, 60% the third year, 40% the fourth year and 20% the fifth year, subject to the public hearing on March 20, 1995.

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

CONTINUE PUBLIC HEARING ON RESOLUTION OF
NECESSITY TO DETERMINE SUFFICIENCY OF
PROTEST ON PARKING IMPROVEMENT PROJECT NO.
4285, DISTRICT NO. 10

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Parking Improvement District No. 10, Project No. 4285, to provide off-street parking (ramp) at 1st 13933
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Avenue North and Riverboat Road, had expired on March 17, 1995, and that he had received one written protest.

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

Howard Swanson, city attorney, reported that the bids were before the finance committee who had taken no action, that the council would need to close public hearing and determine insufficiency of protest or continue the public hearing to the next council meeting to see if any action on the bids.

It was moved by Council Member Hoeppner and seconded by Council Member Babinchak to continue the public hearing until Monday, April 3, 1995 at 7:30 o'clock p.m.

DETERMINE INSUFFICIENCY OF PROTEST, PAVING
DISTRICT NO. 530, PROJECT NO. 4044,

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 530, Project No. 4044, reconstruction of 6th Avenue North from Columbia Road to State Street, had expired on March 13, 1995, and that he had received no written protests.

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

It was moved by Council Member Hanson and seconded by Council Member Klave that we do find and determine an insufficiency of protest against Paving District No. 530, Project No. 4044, as no protests were received. Carried 11 votes affirmative.

Council Member Beyer introduced the following resolution as to protests which was presented and read: Document No. 6419 - Resolution.

it was moved by Council Member Beyer and seconded by Council Member Hoeppner that the resolution be and is hereby adopted. Carried 11 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member McCabe and seconded by Council Member Hoeppner that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back with recommendation. Carried 11 votes affirmative.

Public Service Committee:
1) proposed ordinance to amend Article II, Chapter XV of Code re. wastewater disposal.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of February 28, 1995 was presented and read. It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this report be and is hereby received and filed. Carried 11 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-04, dated March 20, 1995, and totaling $1,047,791.38, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.
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It was moved by Council Member Hanson 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 McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

REJECT OFFER TO PURCHASE PROPERTY AT 1310
8TH AVENUE NORTH, AND REDUCE SELLING PRICE
OF THE PROPERTY

Committee No. 1, Finance, reported having considered the matter of offer to purchase City property at 1310 8th Avenue North in the amount of $6,000 plus prepayment of $700 in special assessments, and recommended that we reject the offer.

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

Committee No. 1, Finance, reported having considered the matter of City property at 1310 8th Avenue North, and recommended that we reduce the asking price from $17,100.00 to $14,100.00.

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

SET PUBLIC HEARING ON APPLICATION FOR TAX
EXEMPTION FOR FORMER ROOSEVELT CENTER PROPERTY
AT 911 COTTONWOOD STREET

Committee No. 1, Finance, reported having considered the matter of tax exemption for former Roosevelt Center property, and recommended to grant preliminary approval of the request for the 10-year tax exemption, and to set public hearing for Monday, April 3.

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

APPROVE APPLICATIONS FOR 3-YEAR REMODELING
EXEMPTION

Committee No. 1, Finance, reported having considered the applications for 3-year remodeling exemption for the following properties: a) 715 Belmont Road, 2) 5105 Gateway Drive, and c) 1200 South Washington Street, and recommended approval of the applications.

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

APPROVE BUDGET AMENDMENTS

The following requests for budget amendments were presented and read: a) Civic Auditorium, $7,444.40, to transfer funds from Cash Carryover to Office Equipment, and b) Assessing Department, $1,000.00, to transfer funds from Cash Carryover to Contracted Personal Services (computer programming project).

It was moved by Council Member Babinchak and seconded by Council Member McCabe 13935
March 20, 1995

that these budget amendments be and are hereby approved. Carried 11 votes affirmative.

APPROVE JOB DESCRIPTIONS AND RESTRUCTURING
OF INSPECTION DEPARTMENT

Committee No. 1, Finance, reported having considered the matter of job descriptions for inspection department and restructuring of inspection department, and recommended to approve the job descriptions and to refer to Civil Service Commission for classification.

Committee No. 3, Public Service, reported having considered the matter of job descriptions and restructuring of inspection department, and recommended approval of the job descriptions.

It was moved by Council Member Babinchak and seconded by Council Member McCabe that these recommendations be and are hereby approved.

Council Member Carpenter stated this is a restructuring of the department, changing some job descriptions, re-allocating and reflecting reality, but in changing job descriptions allows those positions to be classified, however, part of the recommendation of the inspections area and the human resource director is that none of those positions be increased in grade level because of change/disagreement, perceived errors with the original wage study back in 1992, and he doesn't believe these things should take place because of that and because of the other issue they will be discussing, moratorium, and will make every effort to appear at Civil Service when these items considered.

After further discussion and upon call for the question, the motion carried 9 votes affirmative; Council Members McCabe and Babinchak voted against the motions.

INTRODUCE ORDINANCE TO SUSPEND SPECIFIC
SECTIONS OF CITY CODE, CIVIL SERVICE,

Committee No. 1, Finance, reported having considered the matter of reclassification of job descriptions, and recommended to establish a moratorium on any further reclassifications, except for those reclassification requests filed prior to April 1, 1992 and not yet heard, and to institute this moratorium as of March 20.

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

Council Member Carpenter stated that the moratorium would be handled through an ordinance change, and moved that the motion be amended to provide that the suspension occur by ordinance with a sunset date of December 31, 1995; Council McCabe seconded the motion. Carried 11 votes affirmative.

After further discussion it was moved by Council Member Carpenter and seconded by Council Member Hoeppner to amend the motion to delete the March 20 date and substitute "upon approval of the second reading". Upon call for the question and upon roll call vote, the following voted "aye": Council Members Hoeppner, Hamerlik, Carpenter, Johnson, Hagness - 5; voting "nay": Council Members McCabe, Hanson, Sande, Klave, Beyer, Babinchak - 6. Mayor Polovitz declared the amendment defeated.

Mr. Swanson advised that the motion provides preliminary approval of an ordinance retroactive to March 20.

Upon call for the question and upon voice vote, the motion carried.
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Council Member Carpenter introduced an ordinance entitled "An ordinance temporarily suspending Sections 6-0305 and 6-0306 of the Grand Forks City Code relating to reclassifications and adopting Section 6-0305.1 relating to the same", which was presented, read and passed on its first reading.

REMOVE PARKING ON NORTH 14TH STREET FROM
1ST AVENUE NORTH TO ALLEY

Committee No. 2, Public Safety, reported having considered the matter of review of parking problem on North 14th Street from 1st Avenue North, and recommended to remove parking on the east side of the street, north of the alley.

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.

APPROVE REQUEST FROM MARCH OF DIMES TO
HOLD 1995 "WALK AMERICA" ON APRIL 29

Committee No. 2, Public Safety, reported having considered the request from March of Dimes to hold its 1995 "Walk America" on April 29, and recommended that we approve request subject to coordinating with the police department.

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.

APPROVE TRANSFER OF LIQUOR LICENSE FOR
HUB BAR

Committee No. 2, Public Safety, reported having considered the matter of transfer of liquor license of Hub Bar, 205 North 3rd Street, to Moe & Moe, Inc. dba Hub Bar, and recommended that we find the applicant capable and qualified of holding a license and to approve the transfer of the license.

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.

ACCEPT BIDS FOR MOSQUITO CONTROL

Committee No. 2, Public Safety, reported having considered the matter of bids for mosquito control, equipment and chemicals for larviciding and ground spraying program (leasing of 3 vehicles), and recommended that we accept the bid of Rydell Chevrolet in the amount of $1,540.00 per vehicle for the four-month period, for a total bid of $4,620.00, and to enter into the lease agreement.

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

Committee No. 2, Public Safety, reported having considered the matter of purchase of equipment for mosquito control, and recommended that we accept the bid of VECTEC for 3 machines plus 3-way adapter valve at $5,416.75 each, for a total bid of $16,250.25, and accept the bid of Cornbelt Chemical for two Arro-guns plus attachments at a cost of $2,800.00 each for a total bid of $5,600.00.
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It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 2, Public Safety, reported having considered the matter of bids for mosquito control, chemicals, and recommended that we accept bids as follows: Cornbelt Chemical: 2200 lbs. of Abate, 5%, @6.23/lb., $13,706.00; 2,000 lbs. Bactimos pellets @$2.55/lb, $5,100.00; 10 cases Altosid XR briquets @$521.36/case, $5,213.60; and 20 gal. Scourge 18+54 @265.00/gal., $5,300.00; Agsco, Inc.: 2 55-gal. barrels of mineral oil @4.50/gal, $495.00; Mug-A-Bug: 5,000 lbs. Tiempo 2% granules @$1.64/lb., $8,200.00; provided the sample insecticide is in a formulation that can be used by our equipment, and that if not, recommend purchasing 5,000 lbs. of Abate 2% at $1.92/lb. for a total cost of $9,600 from Cornbelt Chemical.

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

APPROVE APPLICATION BY UND STUDENT MEDICAL
TECHNOLOGY CLUB FOR GAMING PERMIT

Committee No. 2, Public Safety, reported having considered the application by UND Student Medical Technology Club for raffle April 19, and recommended that we adopt a resolution recognizing this group as a public-spirited organization eligible to conduct games of chance, and to approve the application for permit.

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. 6420 - 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.

APPROVE AGREEMENT WITH CITY MISSION FOR
TRANSPORTATION SERVICES THROUGH GRANT

Committee No. 2, Public Safety, reported having considered the agreement for transportation services with City Mission, and recommended that the Health Department provide $50.00/mo. to the City Mission to help with transportation of residents being treated for active or inactive tuberculosis to health care provider offices or hospital, and authorize proper City officials to sign the agreement.

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

APPROVE GRANT AGREEMENT FOR COMMUNITY
PLANNING PROJECTS (HIV/AIDS PREVENTION)

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March 20, 1995

Committee No. 2, Public Safety, reported having considered the agreement for Community Planning Projects for HIV/AIDS Prevention, and recommended approval of the grant agreement.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Upon roll call the following voted "aye"; Council Members McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": one. Mayor Polovitz declared the motion carried.

APPROVE APPLICATION FOR CLASS 7, GOLF
COURSE ON-SALE BEER AND WINE LICENSE AT
LINCOLN PARK CLUBHOUSE FOR 1995

Committee No. 2, Public Safety, reported having considered the application by L.R. &R., Inc. dba Southgate Lounge for Class 7 Golf Course On-Sale Beer and Wine license at Lincoln Park Clubhouse for 1995, and recommended that the application be approved, subject to review and approval of the application by the police department and by the city attorney.

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.

APPROVE REQUEST FROM ARTHRITIS FOUNDATION
TO HOLD 1ST ANNUAL ARTHRITIS FOUNDATION
MINI GRAND PRIX ON AUGUST 20

Committee No. 2, Public Safety, reported having considered the request from Arthritis Foundation to hold 1st Annual Arthritis Foundation Mini Grand Prix on August 20, 1995, and recommended to approve request, subject to coordinating event with the police department.

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

After some discussion relative to noise levels in the downtown area and upon call for the question, the motion carried 9 votes affirmative; Council Members Hanson and Beyer voting against the motion.

APPROVE EXTENSION OF CONTRACT WITH VERN'S
REFUSE SERVICE FOR CURBSIDE RECYCLING PROGRAM;
AND RECOMMEND NOT ENTERING INTO AGREEMENT FOR
COOPERATIVE MARKETING OF RECYCLABLES

Committee No. 3, Public Service, reported having considered the matter of extension of contract with Vern's Refuse and Recycling Service for recycling program, and recommended to grant an extension to May 1, 1995.

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

Committee No. 3, Public Service, reported having considered the matter of cooperative marketing agreement with Mid-Continent Recycling Association (MCRA), and recommended that we not enter into the agreement.

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

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APPROVE BIKEWAY/PEDESTRIAN WALKWAY
EASEMENTS FOR PROJECT NO. 4250

Committee No. 3, Public Service, reported having considered the matter of bikeway and pedestrian walkway easements at southerly extension of English Coulee bikeway between 24th Avenue South and 32nd Avenue South, Project No. 4250, along 24th Avenue South and along South 34th Street, for an in consideration of the sum of $1.00, and other good and valuable consideration, Metropolitan Life Insurance Company and Arthur Greenberg, Jr., Grantor, and recommended approval of the easements and to authorize proper City officials to sign said easements.

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

APPROVE CHANGE ORDERS, PROJECT 4117, PUBLIC
WORKS FACILITY

Committee No. 3, Public Service, reported having considered the matter of Change Order No. M-4 for Project No. 4117, Public Works Facility Renovation, Phase I (Lunseth Plumbing), $2,632.00, and recommended approval of the change order.

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

APPROVE CHANGE ORDERS, NDDOT PROJECTS

Committee No. 3, Public Service, reported having considered the matter of North Dakota Department of Transportation change orders: a) Project 4002.1, Gateway Drive, Change Order No. 4, $2,972.82; and b) project No. 4002.2, North 47th Street, Change Order No. 4, $4,049.77, and recommended that the change orders be approved.

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

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 10 for Project No. 3790, DeMers Avenue, Phase I, $990.00 add on and $2,453.77 deduct, and recommended that the change order be approved.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4291, DISTRICT NO. 357

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for Project No. 4291, District No. 357, storm sewer along 47th Avenue South, Chestnut Street and Mighty Acres, and recommended that we adopt a resolution creating the assessment district,
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approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Beyer introduced the following resolution creating the assess-
ment district, which was presented and read: Document No. 6421 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT
NO. 357, PROJECT NO. 4291

The city auditor presented and read the engineer's report on Sewer District No. 357, Project No. 4291: Document No. 6422 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS FOR SEWER DISTRICT NO. 357,
PROJECT NO. 4291

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6423 - Resolution.

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

ACCEPT LOW BID AND AWARD CONTRACT FOR PROJECT
NO. 4276, WATERMAIN REPLACEMENT

Committee No. 3, Public Service, reported having considered the bids for Project No. 4276, watermain replacement, and recommended that we accept the low bid of Soberaski, Inc. in the amount of $287,767.00.

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

ACCEPT LOW BID AND AWARD CONTRACT FOR PROJECT
NO. 4300, ADA CURB RAMP CONSTRUCTION

Committee No. 3, Public Service, reported having considered the bids for Project No. 4300, 1995 approach walk replacements, and recommended that we accept the low bid of Steve Kalenze Construction in the amount of $51,975.00.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING DISTRICT NO. 529, PROJECT NO. 4246

The city engineer's estimate of total cost of the construction of paving on North 51st Street from 6th Avenue North to approximately 150 ft. north of 7th Avenue North, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4246, District No. 529, paving North 51st Street, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6424 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS AND
ADVERTISEMENT FOR BIDS, WATERMAIN REPLACEMENT
PROJECT NO. 4275

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4275, watermain replacement, and recommended that we approve plans and specifications and that the city auditor be directed to advertise for bids on the project.

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

AUTHORIZE ENGINEER TO PROCEED WITH NEGOTIATIONS
AND PURSUE FUNDING FOR ENGLISH COULEE DIVERSION
CHANNEL IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of English Coulee diversion channel improvements, and recommended that we authorize engineering department to proceed with negotiations and pursue additional funding.

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

ADOPT CONSOLIDATED PLAN PRIORITIES

Committee No. 4, Urban Development, reported having considered the matter of review and approval of consolidated plan priorities (for CDBG funding allocation), and recommended adoption of the priority needs list as revised by the committee.

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March 20, 1995

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

CERTIFY PUBLIC HEARING ON GRANTEE PERFORMANCE
REPORT FOR 1993 FLOOD WATER DAMAGE

Committee No. 4, Urban Development, reported having considered the matter of public hearing on grantee Performance Report for 1993 Flood Water Damage in Richard's West, and recommended that we certify that the required public hearing was held, and no comments were received.

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

RENAME CENTENNIAL PARK AS ISHIM PARK

Committee No. 4, Urban Development, reported having considered the matter of renaming Centennial Park as Ishim Park, and recommended that Centennial Park be redesignated as Ishim Park, with the proviso that we have courtesy notification to those who contributed to Centennial Park.

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

APPROVE REQUEST FOR REVIEW OF PENSION
BUY-DOWN DECISION

The Pension and Insurance Committee reported having considered the matter of request for review of buy-down decision, and recommended approval of Ray LeClerc's request for payment of 75% of the difference between Aetna and Deloitte-Touche calculations and denial of John Brown's request and Doug Moen's request for payment of 75% of the difference between Aetna and Deloitte-Touche calculations.

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

The Pension and Insurance Committee reported having considered the matter of request for review of buy-down decision, and recommended including Ray LeClerc's figures in the legal action against Aetna, subject to approval of the city attorney.

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 MECHANICAL
INSTALLERS' BOARD

Mayor Polovitz announced the appointment of Gregg Ehreth to the Mechanical Installers' Board to fill the unexpired term of Otto J. Torkelson, which term expires December 31, 1995, and asked for concurrence in this appointment. It was moved by Council Member Hoeppner and seconded by Council Member Carpenter that this appointment be and is hereby approved. Carried 11 votes
affirmative.
13943
March 20, 1995

APPROVE APPOINTMENT TO SPECIAL ASSESSMENT
COMMISSION

Mayor Polovitz announced the appointment of Brian Poykko to the Special Assessment Commission for a six-year term expiring in April, 2001 and asked for concurrence in this appointment. It was moved by Council Members Hagness and Sande that this appointment be and is hereby approved. Carried 11 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented and/or referred to committee as follows:
1) Council Member Beyer presented the matter of looking into fine for blocking intersections (entering intersection and waiting until light turns red to turn), and not stopping for emergency vehicles; Mayor Polovitz referred these matters to the public safety committee for consideration.
2) Council Member Beyer reported that the Grand Forks South Bantam A hockey team will be going to the National Hockey Tournament in Colorado and asked that acknowledgement be made - Referred to the mayor's office.
3) Council Member Babinchak reported that at the Airport Authority Board meeting last week the Board members had stated that they would like to have better working relationship with the City and County; and the Board approved resolution for Webster, Foster & Weston to do water systems study.
4) Council Member Carpenter asked that the matter of the proposed moratorium on reclassifications be placed on the finance committee agenda; Mayor Polovitz referred the matter to the finance committee.
5) Mr. Swanson presented the matter of request by the fire department to amend Section 12-0407 of City Code re. trucks transporting flammable and hazardous substances within the city; Mayor Polovitz referred the matter to the public safety committee.

MATTER OF CLARIFICATION OF HB #1362 RE.
DEFINITIONS OF MUNICIPAL OFFICERS OR EMPLOYEES
RE. REDUCTION IN PAY WHILE EMPLOYED BY THE CITY