Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 21, 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, August 21, 1995 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; absent: Council Member McCabe - 1.

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

APPROVE MINUTES JULY 17, 1995

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, July 17, 1995 were presented and read. It was moved by Council Member Hanson and seconded by Council Member Hoeppner that these minutes be approved as read. Carried 13 votes affirmative.

POSTPONE SECOND READING OF ORDINANCE TO
ANNEX ALL OF PRAIRIE VIEW ESTATES FIRST
ADDITION TO SEPTEMBER 5, 1995

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota all of Prairie View Estates First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 7, 1995, was presented and read for consideration on second reading.

The city auditor reported that the legal notice to the public that this annexation ordinance would be considered this evening had not been published as required.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that second reading of the ordinance be postponed to September 5, 1995. Carried 13 votes affirmative.

DEFEAT ORDINANCE AMENDING LAND DEVELOPMENT
CODE RE. SIGNS, ESTABLISHING REGULATIONS
GOVERNING THE PLACEMENT OF AUCTION SIGNS

An ordinance entitled "An ordinance amending the Land Development Code of 1987, Chapter XVIII, Article 3, Rules and Regulations; Section 18-0301, Signs, establishing regulations governing the placement of auction signs", which had been introduced and passed on its first reading on July 17, 1995, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

Mayor Polovitz called for the public hearing.

Howard Swanson, city attorney, stated that he has significant concerns re. the ordinance before the council; and reported that at a meeting relative to this matter he had suggested that the council defeat the ordinance before them and allow either the mayor's office or his office administratively to redirect the enforcement issues of the zoning code to the inspections department, except in those instances where there is a public safety concern and the police department involved; that he has discussed this with the chief of police, the city engineer and the city planner, and believe that various issues can be dealt with appropriately administratively without entering into the territory of amending the zoning code.
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Mayor Polovitz closed the public hearing.

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

POSTPONE SECOND READING OF ORDINANCE RE.
WASTEWATER DISPOSAL TO SEPTEMBER 18, 1995

An ordinance entitled "An ordinance amending Article II of Chapter XV of the Grand Forks City Code relating to wastewater disposal", which had been introduced and passed on its first reading on April 3, 1995, was presented and read for consideration on second reading.

The city auditor reported that EPA had granted RDO Foods an extension to the comment period and the public works staff was recommending that the ordinance be postponed.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that second reading of the ordinance be postponed to September 18, 1995. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3538, RELATING TO
PROHIBITED POSSESSION OR PURCHASE OF TOBACCO
PRODUCTS

An ordinance entitled "An ordinance amending Sections 9-1305 and 21-2806(6) of the Grand Forks City Code relating to prohibited possession or purchases of tobacco products", which had been introduced and passed on its first reading on August 7, 1995, was presented and read for consideration on second reading and final passage.

Mr. Swanson reported that this ordinance clarifies difference between two sections of the Code, that rather than repeating the text in two separate chapters they are proposing that the text in Section 9-1305 be amended and that Section 21-2806(6) simply refer back to Chapter 9, which should eliminate any confusion, and that there is no substantive change by the adoption of the amendment; and requested that the ordinance be amended.

It was moved by Council Member Carpenter and seconded by Council Member Hoeppner that the ordinance be so amended. Carried 13 votes affirmative.

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

ADOPT ORDINANCE NO. 3539, RELATING TO
EMERGENCY FUNDS

An ordinance entitled "An ordinance adopting Section 2-0105 of the Grand Forks City Code relating to emergency funds", which had been introduced and passed on its first reading on August 7, 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 vote, the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, 14170
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Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3540, RELATING TO THE
ISSUANCE OF WATER AND SEWER REVENUE BONDS

An ordinance entitled "An ordinance amending Article 9 of Chapter II of the Grand Forks City Code relating to the issuance of revenue bonds to finance additions and improvements to municipal water and sewage utility; providing a reserve therefor; providing for a levy to restore deficiency in said reserve and providing for the issuance of temporary bonds", which had been introduced and passed on its first reading on August 7, was presented and read for consideration on second reading and final passage.

Howard Swanson, city attorney, suggested an amendment to the introduced ordinance to delete the repealing clause, Section 2, on page 4, and stated that the amendment results in no substantive changes. It was moved by Council Member Carpenter and seconded by Council Member Babinchak that the ordinance be so amended. Carried 13 votes affirmative.

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

ADOPT ORDINANCE NO. 3541, RELATING TO THE
ISSUANCE OF SALES TAX REVENUE BONDS

An ordinance entitled "An ordinance relating to the issuance of sales tax revenue bonds to refund outstanding airport revenue bonds of the city; providing for the appropriation of sales tax revenues to secure the bonds; and providing for a levy to restore deficiencies in such sales tax revenues", which was presented, read and passed on its first reading on August 7, 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 vote, the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

HOLD PUBLIC HEARING AND GRANT FIVE-YEAR
PROPERTY TAX EXEMPTION TO CONTE LUNA FOODS
FOR EXPANSION OF FACILITY AT 1801 NORTH
36TH STREET ON A GRADUATED SCALE

The city auditor reported that pursuant to the provisions of Section 40-57.1 of the North Dakota Century Code, the city council had scheduled a public hearing for this evening to consider the application of Conte Luna Foods, a division of Philadelphia Macaroni Company, 1801 North 36th Street, for a five-year exemption of ad valorem taxation on the expansion of their existing facility at 1801 North 36th Street (Lot 2, Block 1 Golden Harvest Addition), which the applicant will use in the operation of his business (manufacture and packaging of pasta products), and further that no protests or grievances had been filed with his office. He reported that the affidavit of notice of the public hearing had been filed with his office.

Mayor Polovitz called for the public hearing on this matter. There were no
comments and Mayor Polovitz closed the public hearing.

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It was moved by Council Member Beach and seconded by Council Member Geller that we do find and determine an insufficiency of protest on the application. Carried 13 votes affirmative.

It was moved by Council Member Beach and seconded by Council Member Geller that we approve the application and grant a five-year exemption as follows: 100% for the first year, 80% for the second year, 60% for the third year, 40% for the fourth year, and 20% for the fifth year. Upon call roll vote the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

ADOPT RESOLUTION VACATING PORTION OF NORTH
43RD STREET LYING BETWEEN 20TH AND 24TH
AVENUES NORTH

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of North 43rd Street being bounded on the north by the easterly extension of the southerly right of way line of 24th Avenue North as platted in Senske's Addition and bounded bon the south by the westerly extension of the northerly right of way line of 20th Avenue North as platted in Lemm's Acres Subdivision, the required legal notice had been published calling for a public hearing to be held this evening 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 none.

It was moved by Council Member Hagness and seconded by Council Member Klave that we do hereby determine an insufficiency of protest on the request for vacation. Carried 13 votes affirmative.

Council Member Sande introduced the following resolution which was presented and read: Document No. 6592 - Resolution.

It was moved by Council Member Sande and seconded by Council Member Klave that this resolution of vacation be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted.

RECEIVE AND FILE MATTER OF APPLICATION
FOR MOVING PERMIT TO MOVE BUILDING TO 2203
CHESTNUT STREET

The city auditor reported that the matter of the application for moving permit had been referred back to committee at the last meeting, was again before the council, and that the applicant has stated that the building will be moved out of the city limits.

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 Don Wurzbacher to move building from 1213 Belmont Road to 2203 Chestnut Street, 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 13 votes affirmative.
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APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 1102 24TH AVENUE SOUTH

The city auditor reported that the notice of public hearing on the application by Mark Wedin to move a building from 1305 5th Avenue North to 1102 24th Avenue South 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 Mark Wedin to move building from 1305 5th Avenue North to 1102 24th Avenue South to be used as a garage, and recommended approval of the application, subject to the public hearing.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved, and further that Mr. Wedin be and is hereby authorized to move the building. Carried 13 votes affirmative.

TABLE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 1602 NORTH 4TH STREET TO
SEPTEMBER 5, 1995

The city auditor reported that the public hearing on the application for moving permit to move a building to 1602 North 4th Street had been scheduled for September 5, 1995, should not have appeared on this agenda, and had been pulled. It was moved by Council Member Hagness and seconded by Council Member Babinchak to table this matter until the next meeting of the council, September 5, 1995. Carried 13 votes affirmative.

PROPOSED APPOINTMENTS TO COMMITTEE

Mayor Polovitz announced the following proposed appointments to various committees/commissions:
1) Mayor's Committee on Employment of People with Disabilities: Donna Stumph and Donna Gunderson
2) Growth Fund for three-year term expiring in July, 1998: Fred Lawrence.
3) Housing Authority for five-year term expiring in July, 2000: Arvin Kvasager.

COUNCIL MEMBER BEYER EXCUSED

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of July 31, 1995, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Klave that this report be and is hereby received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-14, dated August 21, 1995, and totaling 1,665,074.70, 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 Hanson 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, Hanson, Glassheim, Carpenter,
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Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

AUTHORIZE FINANCIAL CONSULTANT TO NEGOTIATE
SALE OF $670,000 SALES TAX REVENUE BONDS,
SERIES 1995, FOR THE FTZ BUILDING

Committee No. 1, Finance, reported having considered the matter of revenue bonds for FTZ (foreign trade zone building) expansion, and recommended to authorize Springsted, Inc. to negotiate the same of the $670,000 Sales Tax Revenue Bonds, Series 1995, for the FTZ building.

It was moved by Council Member Geller and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE FINANCIAL CONSULTANT TO NEGOTIATE
SALE OF $645,000 AIRPORT REFUNDING BONDS,
SERIES 1995

Committee No. 1, Finance, reported having considered the matter of refinancing airport revenue bonds, and recommended to authorize Springsted, Inc. to negotiate sale of the $645,000 Airport Refunding Bonds, Series 1995.

It was moved by Council Member Geller and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.


REJECT OFFER FOR SALE OF CITY LOT IN MEDVUE
6TH ADDITION

Committee No. 1, Finance, reported having considered the matter of sale of City lot (Lot 1, Block 1, Medvue 6th Addition), and recommended to reject the offer from Tracy Doe.

It was moved by Council Member Geller and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE APPLICATION FOR ABATEMENT OF TAXES,
3720 CHERRY STREET, UNIT 45L

Committee No. 1, Finance, reported having considered the application for abatement of 1993 and 1994 taxes by Earl and Myra Trude, 3720 Cherry Street, Unit 45L (Lot 45, Block A, of Replat, Landeco Addition, and recommended to approve the application.

It was moved by Council Member Geller and seconded by Council Member Carpenter that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 12 votes affirmative.

APPROVE APPLICATION FOR ABATEMENT OF TAXES,
105-107 NORTH 3RD STREET

Committee No. 1, Finance, reported having considered the application for
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abatement of 1993 and 1994 taxes by Delco Properties, 105-107 North 3rd Street (Lot "B" of Replat of Lots 9 and 11, Block 18, Original Townsite), and recommended to approve the application and establish for 1993 and 1994 $125,500.00 as value of this property.

It was moved by Council Member Geller and seconded by Council Member Carpenter that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 12 votes affirmative.

COUNCIL MEMBER BEYER REPORTED BACK

APPROVE APPLICATION FOR SPECIAL ALCOHOLIC
BEVERAGE PERMIT FOR WHISKEY POINT SALOON

Committee No. 2, Public Safety, reported having considered the application by Whiskey Point Saloon for special alcoholic beverage permit for August 26, 1995, and recommended to approve the application.

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

DIRECT TRAFFIC ENGINEER TO REQUEST STATE TO
INSTALL ANTI-LITTERING SIGNS ON KENNEDY BRIDGE

Committee No. 2, Public Safety, reported having considered the matter of drivers throwing bottles, etc. out of vehicles on Kennedy Bridge onto private property (1402 Lewis Blvd.), and recommended to request the State Department of Transportation to put up anti-littering signs on the bridge.

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

APPROVE REQUEST FROM NATIONAL GUARD TO HOLD
RUN/WALK IN CONJUNCTION WITH COMMUNITY
AWARENESS/FAMILY SUPPORT DAY ON SEPTEMBER 16

Committee No. 2, Public Safety, reported having considered the request by ND Army National Guard, 1st Battalion 188th Air Defense Artillery, to hold 5K/10K Fun Run/Walk in conjunction with Community Awareness/Family Support Day on September 16, 1995, and recommended to approve the request and to correspond with the National Guard, re. monitoring of intersections.

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

APPROVE REQUEST FROM SCHOOL DISTRICT TO BLOCK
STREETS FOR BAND PRACTICE

Committee No. 2, Public Safety, reported having considered the request by Grand Forks Public Schools to block streets (portions of 2nd Avenue North and North 6th Street) to allow band to practice marching for annual Potato Bowl parade on September 5-8 and 11-15, 1995, and recommended to approve the request.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
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REINSTATE PARKING IN 2100 BLOCK OF
UNIVERSITY AVENUE

Committee No. 2, Public Safety, reported having considered the request by University Lutheran Church for reinstatement of parking in 2100 block of University Avenue, and recommended to approve the request.

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

AUTHORIZE REMOVAL OF PARKING ON NORTH SIDE
OF 11TH AVENUE SOUTH FROM 30TH TO 34TH STREET

Committee No. 2, Public Safety, reported having considered the request by United Hospital for no parking on north side of 11th Avenue South from 30th Street to English Coulee crossing, and recommended approval of the request to eliminate parking on the north side of the street from 30th Street to 34th Street.

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

APPROVE AGREEMENT WITH ND DEPARTMENT OF
HEALTH

Committee No. 2, Public Safety, reported having considered the matter of agreement with North Dakota Department of Health for Immunization and Epidemiologist Support Services, and recommended approval of the agreement with the State Department of Health.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE COST FOR FIRE DEPARTMENT RESPONSES

Committee No. 2, Public Safety, reported having considered the matter of assigned cost for fire department responses: $50/hour or fraction thereof for each fire department employee responding; $100/hour or fraction thereof for each fire suppression vehicle responding; $50/hour or fraction thereof for each service/support vehicle responding, plus actual out of pocket costs; and recommended approval of the assigned costs, and further that these figures be looked at periodically to have continual up-date.

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

AUTHORIZE FIRE DEPARTMENT TO BID CLOTHING
AS NEEDED, NOT TO EXCEED $5,000

Committee No. 2, Public Safety, reported having considered the matter of specifications for clothing bids for fire department, and recommended to allow the fire department to order clothing as needed, not to exceed $5,000.

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

APPROVE REQUEST BY SIGMA CHI FRATERNITY FOR
VARIANCE TO NOISE ORDINANCE FOR EVENT AUGUST 26-29

Committee No. 2, Public Safety, reported having considered the request by Sigma Chi Fraternity, 2820 University Avenue, for variance to noise ordinance on August 26-29, 1995, and recommended to grant request for variance August 26 through 29 from 7:30 p.m. to 12:00 midnight, and that they submit names of contact person to the police department.

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

AUTHORIZE EXTENSION OF LOADING ZONE ON DEMERS
AVENUE FOR FIRE LANE ACCESS IN FRONT OF OSCO DRUG

Committee No. 2, Public Safety, reported having considered the request to increase length of loading zone in front of Osco Drug on DeMers Avenue for fire lane access, and recommended approval of the request for extension of the loading zone.

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

REFER MATTER OF PARKING ON SOUTH 34TH STREET
FROM 24TH AVENUE SOUTH TO NORTH PROPERTY LINE OF
CARRINGTON COURT COMPLEX BACK TO COMMITTEE

Committee No. 2, Public Safety, reported having considered the request by Hampton Corporation for no parking on South 34th Street from 24th Avenue South to the north property line of Carrington Complex (east side of street), and recommended to approve request for removal of parking from east side of street on South 34th Street from 24th Avenue South to the north property line of Carrington Complex, and to instruct traffic engineer to investigate complete removal of parking on South 34th Street between 17th and 24th Avenues South.

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

After some discussion Council Members Hoeppner and Sande asked that this matter be sent back to committee for further consideration.

RECEIVE TABULATION OF BIDS, ESTIMATES OF
TOTAL COST AND AWARD CONTRACT, SEWER PROJECT
NO. 4364 AND WATERMAIN PROJECT NO. 4365

The city auditor presented and read tabulation of bids which had been received and opened on August 14, 1995 for Sewer Project No. 4364, District No. 362, and Watermain Project No. 4365, District No. 240, on 6th Avenue North from North 51st Street to approximately 1,000 ft. west, indicating that Soberaski, Inc. was low bidder based upon their bids in the amount of $61,165.00 and $49,175, for a total bid of $110,340.00: Document No. 6593 - Bid Tabulation.

The city engineer's estimates of total cost on Sewer Project No. 4364, District No. 362, and Watermain Project No. 4365, District No. 240, in the amounts of $78,000.00 and $63,000.00, respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids 14177
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for Project No. 4364, District No. 362, sanitary sewer on 6th Avenue North, and Project No. 4365, District No. 240, watermain on 6th Avenue North, and recommended that we accept the low bid of Soberaski, Inc. in the amounts of $61,165.00 and $49,175.00 for Sewer Project No. 4364 and Watermain Project No. 4365, respectively, for a total bid of $110,340.00.

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

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6594 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution awarding the contract for Sewer Project No. 4364, District No. 362, and Watermain Project No. 4365, District No. 240, to Soberaski, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
4255, PAVING DISTRICT NO. 531

The city engineer's estimate of total cost of the construction of paving on 26th Avenue South and South 21st Street, in the amount of $189,771.75, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4255, District No. 531, paving 26th Avenue South and South 21st 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 call for bids on the project.

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

Council Member Hamerlik introduced the following resolution which was pre-
sented and read: Document No. 6595 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 13 votes affirmative.

AUTHORIZE ENTERING INTO AGREEMENT WITH
UNIVERSITY FOR PRIVATE CONSTRUCTION OF ALLEY
PAVING, AND TO APPROVE PLANS AND SPECIFICATIONS
FOR THE PROJECT

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for paving of alley behind UND Medical Science North Building, and recommended to authorize entering into an agreement with the University for private construction of the alley paving, to authorize University of North Dakota to enter into City right of way, and to approve plans and specifications for the project.

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, Hoeppner, Hamerlik, Hanson,
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Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4340, DISTRICT NO. 238

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4340, District 238, watermain on South Washington Street, and recommended that we adopt a resolution creating the assessment district, 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 Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 6596 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN DISTRICT
NO. 238, PROJECT NO. 4340

The city auditor presented and read the engineer's report on Watermain District No. 238, Project No. 4340: Document No. 6597 - Report.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this report be and is hereby approved. Carried 13 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFI-
CATIONS, WATERMAIN DISTRICT NO. 238, PROJECT
NO. 4340

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6598 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this report be and is hereby approved. Carried 13 votes affirmative.

APPROVE CHANGE ORDER, PROJECT NO. 4263

Committee No. 3, Public Service, reported having considered the matter of change order #3, Project No. 4263, 1995 asphalt street repair, and recommended approval of the change order in the amount of $5,595.00, with funds to be paid from Highway Users' Maintenance Account.

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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness 14179
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- 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDERS, PROJECT NO. 3821,
SCHEDULE B

Committee No. 3, Public Service, reported having considered the matter of change orders #1 and #2, Project No. 3821, Schedule B, Richard's West storm sewer, and recommended approval of the change orders in the amounts of $6,394.00 deduct on C.O. #1 and $26,730.00 add-on for C.O. #2.

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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDER, BIKEPATH PROJECT NO. 4250

Committee No. 3, Public Service, reported having considered the matter of change order #1, Project No. 4250, bikepath along South 34th Street, and recommended approval of the change order in the amount of $3,999.90.

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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDER, BIKEPATH PROJECT NO. 3947

Committee No. 3, Public Service, reported having considered the matter of change order #1, Project No. 3947, bikepath along English Coulee, and recommended approval of the change order in the amount of $6,432.00.

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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 4262

Committee No. 3, Public Service, reported having considered the matter of change order #1, Project No. 4262, 1995 concrete street repair, and recommended approval of the change order to install right turn lane in the amount of $19,508.50, to be paid in cash by the School District, contingent upon communication from the School District agreeing to payment and granting of easement for the sidewalk.

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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

MATTER OF PLACING MORATORIUM ON INSTALLATION OF
ON-PREMISE PYLON SIGNS ON 32ND AVENUE SOUTH
CORRIDOR TABLED INDEFINITELY

Committee No. 3, Public Service, reported having considered the matter of moratorium of on-premise pylon signs on 32nd Avenue South, and recommended
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August 21, 1995

that we place a moratorium on on-premise pylon signs in the area between South Washington and South 20th Street, except where a contract already exists as of August 21 for purchase and/or for building.

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

Council Member Hagness stated that the Lander property is adjacent to the Ralph Noll property, and then the 2,000 ft. of Shroyer property; that this motion would allow a pylon sign on the Lander property because they have a contract with Slumberland, and then a moratorium on any future pylon signs for the balance of the 2,000 ft. property. He also stated that the city attorney had advised that they allow on all the property or not allow on any of the property. He stated that they have tried to rationalize with Slumberland that because of Planned Unit Developments on Columbia Road and 32nd Avenue South they have tried to stay with ground monuments signs, and would like them to honor that commitment to the balance of the property but the reason they chose the Lander property was because it was zoned B-3 which allows pylon signs, and they had looked for a place that would suit their needs. He also reported that he called Mr. Lander to find out if sale dependent upon signage, and Mr. Lander stated that the purchaser would like to have the pylon sign. Council Member Hagness stated that this is a B-3 area where pylon signs allowed, and recommended to defeat the motion or amend to allow on all properties. Council Member Hagness also stated that Mr. Christensen, rep. Mr. Shroyer, wants moratorium on all property along 32nd Avenue South or to allow on his client's property too. Council Member Hagness recommended defeat of the motion.