Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, July 3, 1995

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, July 3, 1995, at the hour of 7:30 o'clock p.m. with President Polovitz presiding. Present at roll call were Council Members Beach, Hoeppner, Hamerlik, Glassheim, Klave, Beyer, Babinchak, Geller, Hagness - 9; absent: Council Members McCabe, Hanson, Carpenter, Sande, Johnson - 5.

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 MAY 1, 1995

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, May 1, 1995, were presented and read. It was moved by Council Member Hagness and seconded by Council Member Hoeppner that these minutes be approved as read. Carried 9 votes affirmative.

TABLE ORDINANCE RELATING TO LICENSING OF
TOBACCO RETAILERS AND RELATING TO PROHIBITED
SALES OR PURCHASES OF TOBACCO PRODUCTS TO
JULY 17, 1995

An ordinance entitled "An ordinance adopting Article 28 of Chapter XXI of the Grand Forks City Code relating to licensing of tobacco retailers and amending Sections 9-1305 and 9-1306 relating to prohibited sales or purchases of tobacco products", which had been introduced and passed on first reading on June 19, 1995, was presented and read for consideration on second reading.

Council Member Glassheim reported he has some proposed amendments to the ordinance, that he had discussed with retailers, some concerns warranted, and that it was his intention to table for two weeks so full council could be here to discuss amendments.

Dr. Robert Hestorff, 3004 Chestnut, expressed concern re. sale of cigarettes to children, tragedy for country, 500,000 unnecessary deaths by cigarettes, cigarettes very addictive, only about 15% of smokers succeed in quitting, and would hope that council will set precedence and pass strong law prohibiting sale to minors.
Al Hackenberg, 3627 9th Avenue North, insurance agent, stated that costs double for insurance for smokers, non-smokers live longer, and have duty to discourage children from smoking, and urged passage of the ordinance and make it harder for children to smoke.

Cindy Hiebert, 710 Chestnut Street, Mini Mart, stated they don't want to see children smoking cigarettes, however, even with the ordinance,they are still going to get cigarettes, and need to make kids responsible for what they are doing.

Carolyn Grey, 2926 Shadow Road, Heart Assn., stated smoking is no joke, and favored passage of the ordinance.

Council Member Glassheim moved to table the ordinance until the meeting of July 17, 1995. Council Member Hamerlik seconded the motion. Upon roll call the following voted "aye": Council Member Beach, Hoeppner, Hamerlik, Glassheim, Hagness - 5; voting "nay": Council Members Klave, Beyer, Babinchak, Geller - 4. Mayor Polovitz declared the motion carried and the ordinance
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tabled until July 17, 1995.

HOLD PUBLIC HEARING ON APPLICATION BY
SENGEWALD, INC. FOR CONTINUATION OF THE
TAX EXEMPTION GRANTED TO STONE CONTAINER

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 Sengewald USA, Inc. for continuation of the five-year exemption from property tax granted to Stone Container on a facility at 4955 10th Avenue South 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 Hoeppner and seconded by Council Member Babinchak to approve the continuation of the exemption under same terms and conditions as granted to Stone Container. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Glassheim, Klave, Beyer, Babinchak, Geller, Hagness - 9; voting "nay": none. Mayor Polovitz declared the motion carried.

CONTINUE PUBLIC HEARING ON APPLICATIONS FOR
MOVING PERMIT TO MOVE BUILDING TO 2202 11TH
AVENUE NORTH TO JULY 17, 1995

The city auditor reported that the notice of public hearing on the application by Nadine Gerszewski to move building from 519 Belmont Road to 2202 11th Avenue North to be used as a garage had not been published as required.

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

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this matter be continued to July 17, 1995. Carried 9 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 1010 SOUTH 11TH STREET FOLLOWING
PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Thomas R. Mathues to move a building from 1008 South 11th Street to 1010 South 11th Street to be used as a garage, had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the application for moving permit by Thomas R. Mathues to move a building from 1008 South 11th Street to 1010 South 11th Street to be used as a garage, and recommended approval of the application subject to the public hearing.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved, and further that Mr. Mathues be and is hereby authorized to move the building. Carried 9 votes affirmative.


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DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 538, PROJECT NO. 4363

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 538, Project No. 4363, paving on South 38th Street between 32nd Avenue South and 29th Avenue South, including the intersection of 30th Avenue South and South 38th Street, had expired on June 30, 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.

Council Member Klave introduced the following resolution as to protests which was presented and read: Document No. 6558 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hoeppner that we do hereby find and determine an insufficiency of protest against Paving District No. 538, Project No. 4363, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 9 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO. 4363

The city auditor presented and read tabulation of bids which had been received and opened on June 26, 1995 for Paving Project No. 4363, District No. 538, paving on South 38th Street between 32nd Avenue South and 29th Avenue South, including the intersection of 30th Avenue South and South 38th Street, indicating that Nodak Contracting was the low bidder based upon their bid in the amount of $155,075.50: Document No. 6559 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4363, District No. 538, in the amount of $197,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the bids for Project No. 4363, District No. 538, paving South 38th Street from 30th to 29th Avenue South, and recommended to accept the low bid of Nodak Contracting in the amount of $155,075.50.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer
that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6560 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this resolution awarding the contract for Paving Project No. 4363, District No. 538, to Nodak Contracting be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Glassheim, Klave, Beyer, Babinchak, Geller, Hagness - 9; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

REFER LISTING OF PROPOSED APPOINTMENTS TO
COUNCIL FOR REVIEW

Mayor Polovitz referred the listing of proposed appointments to various boards and committees to the council for their review, with appointments to be made at the next meeting of the council.

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REPORTS OF OFFICERS

The city auditor's report on investments as of June 30, 1995 was presented and read. It was moved by Council Member Geller and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 9 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-11, dated July 3, 1995 and totaling $438,871.45, 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 Hoeppner and seconded by Council Member Beyer that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Glassheim, Klave, Beyer, Babinchak, Geller, Hagness - 9; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE LEASE WITH SENIOR CITIZENS' ASSOCIATION

Committee No. 1, Finance, reported having considered the matter of renegotiation of lease with Senior Citizens' Association, and recommended to approve the lease and authorize proper City officials to sign said lease (for building and lot situated at 620 4th Avenue South - Replat of Lot 16, Block 4 of Renewal Subdivision No. 4, according to the Plat on file in the Office of the Register of Deeds in and for the County of Grand Forks, State of North Dakota for five-year term commending July 1, 1995 and ending June 30, 2000 for and in consideration of the sum of $1.00 per year).

It was moved by Council Member Babinchak and seconded by Council Member Geller that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Glassheim, Klave, Beyer, Babinchak, Geller, Hagness - 9; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE PURCHASE OF LAND FOR NEW SOUTHSIDE
FIRE STATION

Committee No. 1, Finance, reported having considered the matter of land purchase for new southside fire station (parcel of land 130x300 feet - Lot 2, Block 1, Columbia Park 24th Addition at a cost of $1.744/sq.ft. or $68,000.00), and recommended to authorize the proper City officials to enter into the purchase agreement as modified (with City precluded from reselling the property for a period of ten years from the date of conveyance of the property to the City).

It was moved by Council Member Babinchak and seconded by Council Member Geller that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Glassheim, Klave, Beyer, Babinchak, Geller, Hagness - 9; voting "nay": none. Mayor Polovitz declared the motion carried.

ESTABLISH FINANCIAL ASSURANCE REQUIREMENTS
FOR LANDFILL CLOSURE AND POST-CLOSURE COSTS

Committee No. 1, Finance, reported having considered the matter of financial assurance for landfill closure and post-closure costs, and recommended approving establishment of a reserve account and to pursue financial test and corporate guarantee method.
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It was moved by Council Member Babinchak and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 9 votes affirmative.

DEFEAT MOTION TO APPROVE PLANS AND
SPECIFICATIONS AND CALL FOR BIDS FOR PARKING
RAMP, PROJECT NO. 4285, DISTRICT NO. 10

Committee No. 1, Finance, reported having considered the matter of plans and specifications for parking ramp, Project No. 4285, Parking Improvement District No. 10, and recommended to 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, with a bid opening date of August 9.

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

Council Member Beach asked for a review of the state of this project in light of other developments, ie., major retailers moving away from central business district, Riverforks Commission taking shape, and that perhaps this is premature and would like to hold for an indefinite period.

Don Tingum, 1103 South 19th Street, representing Central Business District Authority, reported that he had met with the Authority and that even with several retailers leaving the central business district, there was still strong support for a ramp by the Authority, that they scaled back on project to bid an alternate, that if bid received for $300,000 less they would have monies to pay without additional special assessments to the property owners.

Council Member Glassheim spoke in favor of the motion, that with Riverforks, etc. that whatever happens downtown going to need additional parking. There was some discussion re. costs to government entities, etc. and that City owns six or seven buildings in central business district. It was stated that government entities create parking need, and are as much generator as any business and should pay to provide their share of parking. Council Member Geller stated that he doesn't see any risk, that they are only asking opportunity to go out for bid.

After further discussion and upon call for the question and upon roll call vote,the following voted "aye": Council Members Glassheim, Geller - 2; voting "nay": Council Members Hoeppner, Hamerlik, Klave, Beyer, Babinchak, Hagness, Beach - 7. Mayor Polovitz declared the motion defeated.

SET PUBLIC HEARING ON REQUEST FROM FORKS
FREIGHTLINER FOR ESTABLISHMENT OF A TAX
EXEMPTION DISTRICT FOR AUGUST 7, 1995

Committee No. 1, Finance, reported having considered the request from Forks Freightliner, 4200 Gateway Drive, for property tax exemption, and recommended that a public hearing on the mater be held on August 7, 1995.

It was moved by Council Member Babinchak and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE REQUEST BY DAV AUXILIARY TO SELL
"FORGET ME NOT" POSTERS AND FLOWERS

Committee No. 2, Public Safety, reported having considered the request by the DAV Auxiliary and DAV Chapter to sell "forget me not" posters on August 28 to
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September 9 and flowers on September 9, 1995, and recommended to approve the request.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 9 votes affirmative.

CONSIDER MATTER OF TRAFFIC CONTROL THROUGH AREA
BETWEEN VALLEY DAIRY AND B & H MOTEL ON 5TH STREET
AND DIRECT PROPERTY OWNERS TO PROCEED WITH VACATION
PROCESS

Committee No. 2, Public Safety, reported having considered the matter of traffic control in "drive through area" between Valley Dairy and B & H Motel, and recommended that as the City maintains a sanitary sewerline in the alley that proceeds onto the BNRR property and NSP has utility poles and primary underground lines in the alley; that the city engineer has requested that consideration of the vacation of the R/W between 11th Avenue North and the BNRR property be submitted through the public service committee as is the customary procedure; and further that the city engineering office does not recommend vacation of the right of way between the B & H Motel and the Valley Dairy at this time.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 9 votes affirmative.

AUTHORIZE INSTALLATION OF "NO PARKING HERE
TO CORNER" SIGN AT 802 NORTH 5TH STREET

Committee No. 2, Public Safety, reported having considered the request from Norm Hobin, 732 North 5th Street, for "no parking here to corner" sign in front of 802 North 5th Street, and recommended approval of the request and installation of the sign.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 9 votes affirmative.

GRANT EXTENSION OF TIME FOR CHAPS TO START
OPERATION AT 118 NORTH 3RD STREET UNDER CLASS
I LIQUOR LICENSE TO NOVEMBER 30, 1995

Committee No. 2, Public Safety, reported having considered the matter of Chaps liquor license (Class I, General On and Off Sale Alcoholic Beverage license) and recommended to allow an extension to November 30, 1995.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE AGREEMENT WITH ND STATE UNIVERSITY
RE. INTERNSHIP PROGRAM

Committee No. 2, Public Safety, reported having considered the matter of agreement with ND State University re. dietetics graduate program, and recommended to approve the agreement.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 9 votes
affirmative.
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APPROVE SPECIAL ALCOHOLIC BEVERAGE PERMITS

Committee No. 2, Public Safety, reported having considered applications for special alcoholic beverage permits by Westward Ho at Cappuccio Gardens, 215 South 3rd Street, for July 4 from 12:00 noon to 12:00 midnight, and at DJ's, 121 North 5th Street, on July 22 from 8:00 p.m. to 1:00 a.m. for wedding dance, and recommended to approve the applications.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Committee No. 2, Public Safety, reported having considered the request for special alcoholic beverage permit by The Edge for beer garden using lot next to 10 North 3rd Street on Sunday, August 20, 1995, and recommended approval of the application, contingent upon approval by the Parking Authority.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Committee No. 2, Public Safety, reported having considered application by Whiskey Point Saloon for special alcoholic beverage permit in adjacent parking lot for Cat Fish Days on July 14 and 15, 1995, and recommended approval subject to final review by the city attorney.

It was moved by Council Member Hoeppner and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE REQUEST BY SERTOMA CLUB FOR EXCLUSIVE
CONTROL OF VENDORS FOR JULY 4 ACTIVITIES ON
RIVERBANK

Committee No. 2, Public Safety, reported having considered the matter of status report by Sertoma Club re. July 4 activities, and request for exclusive control of vendors, and recommended to approve request by the Sertoma Club for exclusive control of vendors for the July 4 activities on the riverbank.

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

After some discussion and upon call for the question, the motion carried 9 votes affirmative.

APPROVE VARIOUS ENCROACHMENT AGREEMENTS

Committee No. 3, Public Service, reported having considered the matter of encroachment into public right of way at 1970 32nd Avenue South, sign at Amoco Station, Dusterhoft Oil, Inc., and recommended to authorize entering into an encroachment and hold harmless agreement.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Committee No. 3, Public Service, reported having considered the matter of encroachment into public right of way at 1712 North 6th Street (Lot 2, Block 3, Skidmore Addition) by Ken Althoff, and recommended to authorize entering
into an encroachment and hold harmless agreement with the property owner and further that this agreement be filed with the Register of Deeds so that future 14104
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property owner(s) would be aware of the encroachment.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 9 votes affirma-
tive.

DECLARE ALLEY R/W AS SURPLUS PROPERTY AND
AUTHORIZE SALE

Committee No. 3, Public Service, reported having considered the request to discontinue the east/west alley right of way and to deed the right of way back to the adjoining lots which contributed the right of way, portions of Lots 1 through 8 and Lots 21 through 27, Block 15, McKelvey's Addition, for east/west alley lying between Cottonwood and Cherry Street and between 9th and 10th Avenue South, for and in consideration of the sum of $1.00, City of Grand Forks, grantor, and recommended to declare the property as surplus and to advertise for sale.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE EASEMENT

Committee No. 3, Public Service, reported having considered the matter of utility easement and roadway and utility easement for Watermain Project No. 4214, at 11th Avenue South and South 40th Street, for and in consideration of the sum of $1.00, Crary Homes & Real Estate, Inc., grantor, and recommended to approve the easements and authorize property 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.

Council Member Babinchak asked to be excused from voting on this matter. It was moved by Council Member Beach and seconded by Council Member Hoeppner that this request be approved. Carried 8 votes affirmative.

Upon call for the question, and upon voice vote, the motion carried 8 votes affirmative; Council Member Babinchak excused from voting.

DECLARE TRUCK CHASSIS AS SURPLUS AND OFFER
FOR SALE

Committee No. 3, Public Service, reported having considered the matter of surplus property (truck chassis in sanitation department), and recommended to approve request and to declare the property as surplus and offer for sale.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 9 votes affirma-
tive.

APPROVE EASEMENTS FOR PROJECT NO. 3945,
HIGHWAY NO. 2 BEAUTIFICATION

Committee No. 3, Public Service, reported having considered the matter of screening easement for Highway No.2 Beautification Project No. 3945, fence relocation is due to location of existing Grand Forks-Traill waterline which was verified to be in a different location during plan preparation, along the
Weekley Auto Wrecking Yard, for and in consideration of the sum of $1,800.00 and other good and valuable considerations, Myron O. and Betty Jo Weekley,
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grantor, and recommended to approve easement for $1,800.00 to Weekley's and to refer to the city attorney to determine if City can bill Rural Water for the cost of purchasing additional easement.

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 Beach, Hoeppner, Hamerlik, Glassheim, Klave, Beyer, Babinchak, Geller, Hagness - 9; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 3, Public Service, reported having considered the matter of reimbursement agreement with Nodak Electric and a utility relocation and adjustment agreement for Highway No. 2 Beautification Project No. 3945, Nodak's preliminary plan review during plan preparation did not indicate any conflict with existing power line, along Swangler's Auto Wrecking Yard, for and in consideration of the estimated amount of $8,000, City of Grand Forks, grantor, and recommended to approve the reimbursement agreement with Nodak Electric and a utility relocation and adjustment agreement in the amount of $8,000.00, and to refer to the city attorney to review and bill Nodak Electric for the costs.

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 Beach, Hoeppner, Hamerlik, Glassheim, Klave, Beyer, Babinchak, Geller, Hagness - 9; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE TWO-WAY AGREEMENT FOR PRIVATE INSTALLATION
OF STREET LIGHTING IN SUN LAND WEST 2ND SUBDIV.

Committee No. 3, Public Service, reported having considered the matter of two-way agreement for installation of street lights on city R/W and recommended to approve the agreement for private installation of street lighting in Sun Land West 2nd Subdivision with City to do inspection.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 9 votes affirmative.

CONSIDER BIDS AND AWARD CONTRACT FOR SEWER
PROJECT NO.4315

Committee No. 3, Public Service, reported having considered the bids for Project No. 4315, storm sewer at dike between Lewis Blvd. and Riverside Drive, and recommended to accept the low bid of Molstad Excavating, Inc. in the amount of $31,059.00.

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 Beach, Hoeppner, Hamerlik, Glassheim, Klave, Beyer, Babinchak, Geller, Hagness - 9; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, SEWER PROJECT NO. 4319
AND WATERMAIN PROJECT NO. 4320

The city auditor presented and read tabulation of bids which had been received and opened on June 26, 1995 for Sewer Project No. 4319, District No. 360, and
Watermain Project No. 4320, District No. 239, sanitary sewer and watermain on 30th Avenue South from South 38th to South 42nd Street, indicating that
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Molstad Excavating, Inc. was the low bidder based upon their bids in the amounts of $38,690.00 and $58,680.00, respectively, for a total bid of $97,370.00: Document No. 6561 and 6562 - Bid Tabulations.

The city engineer's estimates of total cost on Sewer Project No. 4319, District No. 360, and Watermain Project No. 4320, District No. 239, in the amounts of $ , and $ , respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the matter of awarding bids for Project No. 4319, District No. 360, sanitary sewer on 30th Avenue South, and for Project No. 4320, District No. 239, watermain on 30th Avenue South, and recommended to accept the low bids of Molstad Excavating, Inc. in the amounts of $38,690.00 and $58,680.00, respectively, for a combined bid of $97,370.00.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6563 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this resolution awarding the contract for Sewer Project No. 4319, District No. 360 and for Watermain Project No. 4320, District No. 239, be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Glassheim, Klave, Beyer, Babinchak, Geller, Hagness - 9; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, SEWER PROJECT NO. 4374,
DISTRICT NO. 364

The city engineer's estimate of total cost of the construction of storm sewer in Medvue Estates 6th Addition, 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. 4374, District No. 364, storm sewer for Medvue Estates 6th Addition, 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 9 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6564 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Carried 9 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4364, DISTRICT NO. 362

Committee No. 3, Public Service, reported having considered the matter of
creating special assessment district for Project No. 4364, District No. 362, sanitary sewer on 6th Avenue North from 51st to 55th Street, and recommended
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that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Council Member Beyer introduced the following resolution creating the assessment district, which was presented and read: Document No. 6565 - 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 Beach, Hoeppner, Hamerlik, Glassheim, Klave, Beyer, Babinchak, Geller, Hagness - 9; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
4364, DISTRICT NO. 362

The city auditor presented and read the engineer's report on Sewer Project No. 4364, District No. 362: Document No. 6566 - Report.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this report be and is hereby approved. Carried 9 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4364, DISTRICT
NO. 362

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6567 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Carried 9 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4365, DISTRICT NO. 240

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4365, District No. 240, watermain on 6th Avenue North from 51st to 55th Street, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost,assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Council Member Beyer introduced the following resolution creating the assessment district, which was presented and read: Document No. 6568 - 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
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voted "aye": Council Members Beach, Hoeppner, Hamerlik, Glassheim, Klave, Beyer, Babinchak, Geller, Hagness - 9; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN PROJECT
NO. 4365, DISTRICT NO. 240

The city auditor presented and read the engineer's report on Watermain Project No. 4365, District No. 240: Document No. 6569 - Report.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this report be and is hereby approved. Carried 9 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
WATERMAIN PROJECT NO. 4365, DISTRICT NO. 240

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6570 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Carried 9 votes affirmative.

CONCUR WITH STATE DEPARTMENT OF TRANSPORTATION
IN AWARD OF CONTRACT FOR INSTALLATION OF TRAFFIC
SIGNALS AT 32ND AVENUE SOUTH AND SOUTH 20TH
STREET, PROJECT NO. HEU-6-986(039)042

Committee No. 3, Public Service, reported having considered the matter of agreement with Department of Transportation for traffic signals at 32nd Avenue South and South 20th Street (State Project No. HEU-6-986(039)042, and recommended that we concur with the North Dakota Department of Transportation in the award of the bid for traffic signals and incidentals in the amount of $59,282.25, with City's share estimated to be $3,260.00.

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 Beach, Hoeppner, Hamerlik, Glassheim, Klave, Beyer, Babinchak, Geller, Hagness - 9; voting "nay": none. Mayor Polovitz declared the motion carried.

GRANT PRELIMINARY APPROVAL OF SOUTHEND DRAINAGE
PROJECT CONCEPT

Committee No. 3, Public Service, reported having considered the matter of southend drainage study and recommended preliminary approval of the project concept.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE PRELIMINARY CONCEPT FOR SOUTHEND
DRAINAGE PROJECT

Committee No. 3, Public Service, reported having considered the matter of southend drainage study, and recommended preliminary approval of the project concept.

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

14109
July 3, 1995

Gordon Myerchin, representing the Sisters of St. Francis, owners of some of the land in the drainage study area, stated that he attended the public hearing last week, and questioned what motion to approve the study means. He stated his main concern is the issue of a floodgate in the drain, concern that during flood river coming back up the drainway, that there is a floodgate system behind Terrace Drive and the floodgate is on Belmont Road, and their request is that in any study that they look at the matter of a floodgate.

Council Member Hagness stated this was part of the discussion at the public hearing before the public service committee; that it was explained by reps. of CPS engineering firm re. backup, cost, etc. and if detrimental to the property owners, will look at it as they study the project.

Doug Herzog, CPS, stated they are looking at historic data presently, and are preparing data in a summary which they will provide to Mr. Myerchin.

Upon call for the question and upon voice vote, the motion carried 9 votes affirmative.

RECEIVE AND FILE REPORT RE. METHOD OF
OPERATION OF DETOX CENTER

Committee No. 4, Urban Development, reported having considered the matter of report concerning method of operation of detox center, and recommended to receive and file pending further decision by the council as a whole on location and financing.

It was moved by Council Members Beach and Glassheim that this recommendation be and is hereby approved. Carried 9 votes affirmative.

AUTHORIZE USE OF SPACE IN CITY CENTER MALL
TO GRAND FORKS SISTER CITY ASSOCIATION SUBJECT
TO CONDITIONS

Committee No. 4, Urban Development, reported having considered the matter of request from Grand Forks Sister City Association to use building in City Center Mall, and recommended to offer space to the Sister City Program in the rear of the City-owned building being vacated by Plunkett's, contingent upon its availability, and subject to the Mall Authority renting the building.