Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Tuesday, September 5, 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 Tuesday, September 5, 1995 at the hour of 7:30 o'clock p.m. with President Hagness presiding. Present at roll call were Council Members Beach, Hoeppner, Hamerlik, Glassheim, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 10; absent: Council Members McCabe, Hanson, Carpenter - 3.

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

COUNCIL MEMBER SANDE REPORTED PRESENT

CONTINUE PUBLIC HEARING ON ORDINANCE TO
ANNEX ALL OF PRAIRIE VIEW ESTATES FIRST
ADDITION TO SEPTEMBER 18, 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 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that notice to the public that this petition for annexation had been filed with the city council had not been published as required, and that public hearing be continued.

President Hagness 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 Beyer and seconded by Council Member Hoeppner to continue the public hearing and second reading of the ordinance until Monday, September 18, 1995. Carried 11 votes affirmative.

APPROVE APPLICATION FOR PERMIT TO MOVE
BUILDING TO 1620 NORTH 4TH STREET FOLLOWING
PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Ronald Broussard to move building from 910 South 11th Street to 1620 North 4th Street to be used as a garage, had been published and posted as required.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the hearing was closed.

Committee No. 3, Public Service, reported having considered the application for moving permit by Ronald Broussard to move building from 910 South 11th Street to 1620 North 4th Street to be used as a garage, and recommended that the application be approved, subject to the public hearing.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and that Mr. Broussard be authorized to move the building. Carried 11 votes affirmative.

APPROVE APPLICATION FOR PERMIT TO MOVE
BUILDING TO 1624 DYKE AVENUE FOLLOWING
PUBLIC HEARING
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The city auditor reported that the notice of public hearing on the application by Timothy Lamb to move building from 3601 Lynwood Circle to 1624 Dyke Avenue to be used as a dwelling, had been published and posted as required.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the hearing was closed.

Committee No. 3, Public Service, reported having considered the application for moving permit by Timothy Lamb to move building from 3601 Lynwood Circle to 1624 Dyke Avenue to be used as a dwelling, and recommended approval of the application subject to inspection of repairs required by the City of Grand Forks Engineering and Inspections.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved, and that Mr. Lamb be authorized to move the building. Carried 11 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 539, PROJECT NO. 4366

The city auditor reported that the period for filing protests on the resolution of necessity for the paving of 6th Avenue North from North 51st Street to North 55th Street had expired on September 1, 1995, and that he had
received protests from five property owners in the district totaling 4.5% of the area of the district.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the hearing was closed.

Council Member Beyer introduced the following resolution as to protests which was presented and read: Document No. 6599 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Babinchak
that we do hereby find and determine an insufficiency of protest against Paving District No. 539, Project No. 4366, as protests filed totaled 4.5% of the district, and further that the resolution be and is hereby adopted. Carried 11 votes affirmative.

REFER CONSENT AGENDA ITEM TO COMMITTEE

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

Finance Committee:
1) matter of new per diem rates.

APPROVE BILLS

Vendor Payment Listing No. 95-15, dated September 5, 1995 and totaling $271,240.81, 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 Klave 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, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried and the bills ordered paid.
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AUTHORIZE INCREASE IN MANAGEMENT FEES
FOR CITY PROPERTIES IN CITY CENTER MALL

Committee No. 1, Finance, reported having considered the matter of management fees for City Center Mall buildings (city-owned), and recommended that fees paid to manage City retail properties in City Center Mall be increased to $1,000 per month.

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 fol- lowing voted "aye": Council Members Beach, Hoeppner, Hamerlik, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

REJECT ORIGINAL OFFER TO PURCHASE CITY LOT
AT SOUTH WASHINGTON AND 40TH AVENUE SOUTH,
AND WITHDRAW COUNTER-OFFER

Committee No. 1, Finance, reported having considered the matter of sale of property to American Red Cross, and recommended that American Red Cross' original offer be rejected, and City's counter-offer be withdrawn.

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

APPROVE REQUEST BY BOBBY HULST FOR
CARNIVAL PERMIT ON K-MART LOT, SUBJECT
TO CONDITIONS

Committee No. 2, Public Safety, reported having considered the request for carnival permit on K-Mart lot, and recommended that the permit be granted contingent upon payment of fees, insurance in place and approval of health, fire and police departments.

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.

RECEIVE AND FILE MATTER OF FEES FOR VEHICLES
TOWED IN AREA OF MINI GRAND PRIX ON AUGUST 20

Committee No. 2, Public Safety, reported having considered the matter of fees for vehicles towed in area of Mini Grand Prix on August 20, 1995, and recom- mended to receive and file.

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

ADOPT POLICY ON SIGNAGE AND NOTIFICATION OF NO
PARKING WHEN STREETS CLOSED FOR SPECIAL EVENTS

Committee No. 2, Public Safety, reported having considered the matter of policy on signage and notification of no parking when streets closed for special events (i.e., Mini Grand Prix), and recommended adoption of the proposed temporary no parking policy.

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.
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RECEIVE AND FILE MATTER OF RABBITS

Committee No. 2, Public Safety, reported having considered the matte of large number of rabbits in the city, and recommended to receive and file.

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 BUDGET AMENDMENT

Committee No. 2, Public Safety, reported having considered the request for budget amendment to reflect additional income in the health department in the amount of $2,220 through Families First grant for January-March, 1995, and recommended approval of the amendment. It was moved by Council Member Sande and seconded by Council Member Hoeppner that this budget amendment be and is hereby approved. Carried 11 votes affirmative.

ELIMINATE PARKING ON SOUTH 34TH STREET
FROM PRIMROSE COURT TO THE LIFT STATION

Committee No. 2, Public Safety, reported having considered the matter of 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 the street), and recommended to eliminate parking on South 34th Street from Primrose Court to the lift station.

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

There was some discussion as to how removing parking would alleviate problem when there is not enough parking space; however, the committee explained that Mr. Stauss had explained to the committee that there is off-street parking available to tenants at the back of the complex but they are parking on the street as a matter of convenience. Gary Fish, supt. of streets, stated parking on both sides of the street creates problem for street department in street cleaning; Mr Vein spoke in favor of removal of the parking from one side of the street. It was also noted that there is safety concern re. entering and exiting driveways because of vehicles obstructing view.

There was some discussion as to enforcement of parking regulations already in place; and it was moved by Council Member Glassheim and seconded by Council Member Beyer to amend the motion by substituting the following wording for the existing text: to recommend to the department that they step up the towing and mark more space for driveway clearance and safety.

Upon call for the question on the amendment, and upon voice vote, the motion carried.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 10 votes affirmative; Council Member Geller voting against the motion.

APPROVE RECODIFICATION OF CHAPTERS VIII, IX
AND XX, ARTICLE 1, OF CITY CODE, AND INTRODUCE
ORDINANCES

Committee No. 2, Public Safety, reported having considered the matter of recodification of Chapter VIII of the City Code dealing with traffic offenses, and recommended approval of the recodification of Chapter VIII of the City Code, and introduction of the ordinance for first reading.
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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.

Howard Swanson, city attorney, reported that all three chapters of the Code (Chapter VIII, IX and XX (Article 1) are being recodified; with respect to Chapters VIII and IX, reorganization and modernization, with clear delineation of criminal and non-criminal offenses. He stated there has been significant reduction in Chapter VIII of articles and duplicative ordinances, particularly in area of parking violations, with very few significant substantive changes, and very few new offenses (some retained some eliminated), outdated language, etc. He stated that in Chapter XX, Article 1, after the Airport Authority was established, that article never redrafted, and that article now has been modernized, with some substantive changes; one, which will allow for municipal court to have jurisdiction over rule violations at the airport. He stated that chapter redrafted by the attorney for the Airport Authority, and reviewed by his office. He stated that Chapters VIII and IX have been reviewed by the police department and the public safety committee. He stated that because of extensive redrafting, restructuring and renumbering of Chapters VIII and IX, they were not able to give copies showing changes.

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

Council Member Glassheim introduced an ordinance entitled "An ordinance amending Chapter VIII of the Grand Forks City Code relating to traffic and motor vehicles", which was presented, read and passed on its first reading.

Committee No. 2, Public Safety, reported having considered the matter of recodification of Chapter IX of the City Code dealing with miscellaneous offenses, and recommended approval of the recodification of Chapter IX of the City Code and introduction of the ordinance for first reading.

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 Glassheim introduced an ordinance entitled "An ordinance amending Chapter IX of the Grand Forks City Code relating to offenses and miscellaneous provisions", which was presented, read and passed on its first reading.

Committee No. 2, Public Safety, reported having considered the matter of recodification of Chapter XX, Article 1, dealing with the airport authority, and recommended approval of the recodification of Article 1 of Chapter XX of the City Code, and introduction of the ordinance for first reading.

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 Glassheim introduced an ordinance entitled "An ordinance amending and reenacting Article 1 of Chapter XX of the Grand Forks City Code relating to aviation and the regional airport", which was presented, read and passed on its first reading.

RECEIVE AND FILE MATTER OF PARKING
BETWEEN EMPIRE THEATRE AND HOWE/SEAWORTH
BUILDING

Committee No. 2, Public Safety, reported having considered the matter of parking between Empire Theatre and Howe & Seaworth building, and recommended
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to receive and file.

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

Mr. Swanson reported that Henry Howe, owner of the building located off DeMers Avenue, which has a limited number of parking spaces was having some problem with unauthorized parking in those spaces; and resolution of the matter is that it will be handled administratively through his office with further correspondence with Mr. Howe, which was agreeable to both Mr. Howe and the committee.

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

ACCEPT BID FOR NEWSPAPER RECYCLING SERVICES
AND APPROVE CONTRACT WITH VERN'S REFUSE &
RECYCLING SERVICES

Committee No. 3, Public Service, reported having considered the bids for newspaper recycling services, and recommended approval of contract with Vern's Refuse & Recycling Services.

It was moved by Council Member Klave 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, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried and contract approved.

ACCEPT BID FOR TRUCKS FOR SANITATION
DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of two trucks for the sanitation department, recommended award to Rydell Truck Center in the amount of $130,948.00, with trade.

It was moved by Council Member Klave 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, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

ACCEPT BID FOR COMPACTORS FOR SANITATION
DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for two compactors for the sanitation department, and recommended award to Sanitation Products in the amount of $103,820.00.

It was moved by Council Member Klave 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, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

ACCEPT BID FOR AIR COMPRESSOR FOR STREET
DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for an air compressor for the street department, and recommended award to Acme Electric in the amount of $9,200.00 with trade.
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It was moved by Council Member Klave 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, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

ACCEPT BID FOR SAND SPREADER FOR STREET
DEPARTMENT

Committee No. 3, Public Service, reported having considered the bids for sand spreader, and recommended award to Dakotah Truck in the amount of $9,058.00 without trade.

It was moved by Council Member Klave 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, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4371, WASTEWATER
TREATMENT STUDY

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering contract for Project No. 4371, wastewater treatment study, and recommended approval of the amendment to the contract in the amount of $27,624, and direct attorney to look into future contracts to remove escalator clause.

It was moved by Council Member Klave 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, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

AWARD BID FOR DIKE AND STRUCTURE
IMPROVEMENTS FOR ENGLISH COULEE DIVERSION
CHANNEL, PROJECT NO. 4322

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4322, English Coulee Diversion Channel improvements, and recommended to award bid, Alternate II, to Gowan Construction in the amount of $147,400.00.

It was moved by Council Member Klave 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, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, SEWER PROJECT
NO. 4314, DISTRICT NO. 358

The city auditor presented and read tabulation of bids which had been received and opened on August 28, 1995 for Sewer Project No. 4314, District No. 358, storm sewer on South 34th Street from 30th Avenue South to 24th Avenue South, indicating that Molstad Excavating, Inc. was the low bidder based upon their bid submitted in the amount of $259,570.00: Document No. 6600 - Bid Tabulation.

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The city engineer's estimate of total cost on Sewer Project No. 4314, District No. 358, in the amount of $330,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Sewer Project No. 4314, District No. 358, storm sewer on South 34th Street, 24th Avenue South to 30th Avenue South, and recommended that we accept the low bid of Molstad Excavating, Inc. in the amount of $259,570.00.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 6601 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution awarding the contract for Sewer Project No. 4314, District No. 358, to Molstad Excavating, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the resolution adopted and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING PROJECT
NO. 4366, DISTRICT NO. 539

The city auditor presented and read tabulation of bids which had been received and opened on August 28, 1995 for Paving Project No. 4366, District No. 539, paving on 6th Avenue North from North 51st Street to approximately 890 feet west, indicating that Opp Construction Company was the low bidder based upon their bid in the amount of $109,649.90: Document No. 6602 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4366, District No. 539, in the amount of $140,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4366, District No. 539, paving 6th Avenue North from North 51st Street to North 53rd Street, and recommended award to the low bidder, Opp Construction Company in the amount of $109,649.90.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 6603 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution awarding the contract for Paving Project No. 4366, District No. 539, to Opp Construction Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the resolution adopted and the contract awarded.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4340,
WATERMAIN DISTRICT NO. 238

The city engineer's estimate of total cost of the construction of watermain on 14191
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South Washington Street from 28th Avenue South to 40th Avenue South, in the amount of $471,945.07, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4340, District No. 238, watermain on South Washington Street from 28th Avenue South to 40th Avenue South, 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 Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 6604 - Resolution.

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

APPROVE CHANGE ORDER, PROJECT NO. 4002,
GATEWAY DRIVE RECONSTRUCTION

Committee No. 3, Public Service, reported having considered change order #6, Project No. 4002, Gateway Drive reconstruction, and recommended approval of the change order in the amount of $1,261.01.

It was moved by Council Member Klave 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, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

APPROVE CHANGE ORDERS, PROJECT NO. 4044,
DISTRICT NO. 530, 6TH AVENUE NORTH PAVING

Committee No. 3, Public Service, reported having considered change order #5, Project No. 4044.1, District 530, 6th Avenue North paving, and recommended approval of the change order in the amount of $13,074.71.

It was moved by Council Member Klave 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, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

Committee No. 3, Public Service, reported having considered change order #1, Project No. 4044.2, District 530, 6th Avenue North paving, and recommended approval of the change order in the amount of $5,522.81.

It was moved by Council Member Klave 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, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 3945,
US HIGHWAY 2 BEAUTIFICATION PROJECT

Committee No. 3, Public Service, reported having considered change order #2, Project No. 3945, U.S. Highway 2 beautification project, and recommended
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approval of the change order in the amount of $4,360.00 to relocate sign.

It was moved by Council Member Klave 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, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

Committee No. 3, Public Service, reported having considered change order #2, Project No. 3945, U.S. Highway 2 beautification project, and recommended approval of the change order in the amount of $7,131.70 for ICS, and refer to the city attorney to bill this amount to Rural Water.

It was moved by Council Member Klave 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, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 4316,
PAVING DISTRICT NO. 534

Committee No. 3, Public Service, reported having considered change order #1, Project No. 4316, Paving District No. 534, paving on South 36th Street, and recommended approval of the change order in the amount of $6,959.40.

It was moved by Council Member Klave 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,
Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

AWARD CONTRACT FOR PRELIMINARY ENGINEERING
SERVICES AGREEMENT TO KBM, INC. FOR PROJECT
NO. 4260, REPLACEMENT OF BRIDGE OVER ENGLISH
COULEE ON MILL ROAD, FEDERAL AID PROJECT NO.
BRU-6-986(036)039

Committee No. 3, Public Service, reported having considered the matter of preliminary engineering services agreement for Project No. 4260, Replacement of bridge over English Coulee on Mill Road, Federal Aid Project BRU-6-986(036)039, and recommended entering into a contract with KBM, Inc. to pro- vide preliminary engineering services in an not amount to exceed $29,191.70.

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

CONSIDER MATTER OF ADDITIONAL EMPLOYEES
IN SANITATION DEPARTMENT

Committee No. 1, Finance, Committee No. 2, Public Safety, and Committee No. 4, Urban Development, reported having considered the matter of the request to include two additional employees in the 1996 sanitation department budget, and recommended to receive and file.

Committee No. 3, Public Service, reported having considered the request to include two additional employees in the 1996 sanitation department budget, and recommended one operator II on temporary basis for the remainder of 1995 and
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one position in the 1996 budget.

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

Dick Newman, solid waste manager, stated he would like to withdraw his request for additional personnel at the landfill and to add the $35,000 to the over- time budget, that he can use money more effectively in the overtime budget without adding additional personnel.

President Hagness stated his opposition to increase in personnel, that in years past have discussed reduction in personnel through attrition; once week garbage pickup; and suggested reducing the $35,000 being requested because of things happening in the area of sanitation which could affect how the City handles pickup of garbage: equipment requiring less manpower, and because of additional recycling less garbage to the landfill and possible reduction in those employees.

It was moved by Council Member Hamerlik to amend motion to approve $35,000 for 1996 and $9,000 for 1995, to be included in the budget temporarily, and that prior to 1997 budget considerations, President Hagness' comments and/or recom- mendations be considered. Council Member Beyer seconded the motion.

Council Member Geller moved an amendment to approve the $9,000 for 1995 but to delete any reference to 1996. Council Member Babinchak seconded the motion.

Mr. Swanson advised council that once 1996 budget receives approval later in this meeting, the council will not have ability to increase that budget at any time unless make finding that you have an unanticipated increase in revenues, so if revenues do not exceed projections, do not have ability at a later date to increase expenditures. He stated council could transfer funds within a budget if they did not increase the bottom line of the budget. He also stated the department has ability to carry over unexpended funds from 1995 into the 1996 budget.

After considerable discussion and upon call for the question on the second amendment (to approve $9,000 for sanitation department for overtime for the remainder 1995 and delete any reference to 1996), and upon voice vote, the motion failed.

Upon call for the question of amendment to include the $35,000 in the 1996 budget and $9,000 for the balance of the 1995 budget, and upon voice vote, the motion carried 9 votes affirmative; Council Member Babinchak and President Hagness voting against the motion.

Upon call for the question on the original motion, as amended, and upon roll the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Glass- heim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

SCHEDULE PUBLIC HEARING FOR PROJECT NO. 4349,
RED RIVER PEDESTRIAN/BIKEPATH FOR SEPTEMBER 18,
1995

Committee No. 3, Public Service, reported having considered the matter of scheduling of public hearing for Project No. 4349, Red River Pedestrian/
Bikepath, Federal Aid Project TEU-6-986(041)044, and recommended to set the public hearing for September 18, 1995 (before the committee).

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, with the date changed to
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September 25 because of publication requirements. Carried 11 votes affirm- ative.

AUTHORIZE BIDS FOR RICHARD'S WEST YOUTH
CENTER

Committee No. 4, Urban Development, reported having considered the request for authorization to bid Richard's West Youth Center, and recommended approval of authorization to bid Richard's West Youth Center.

It was moved by Council Member Beach and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirm- ative.

AUTHORIZE SUBMISSION OF APPLICATION TO EDA
FOR TITLE 9 ASSISTANCE

Committee No. 4, Urban Development reported having considered the request for authorization to submit application to EDA for Title 9 Assistance and recommended approval of submission of application to EDA for Title 9 assistance.

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

ADOPT RESOLUTION RE. HOMELESSNESS AND GRAND
FORKS MISSION'S ACCESS TO FEDERAL SUPPORT

Committee No. 4, Urban Development, reported having considered the matter of resolution regarding homelessness and the Grand Forks Mission's access to federal support from HUD and other federal resources, and recommended approval of the resolution.

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

Council Member Beach introduced the following resolution which was presented and read: Document No. 6605 - Resolution.

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

ADOPT PRELIMINARY BUDGET FOR 1996

The preliminary budget for the fiscal year ending December 31, 1996 was presented to the city council, copies of the proposed preliminary budget had been delivered to all members of the city council.

It was reported that the Committee of the Whole had considered the preliminary budget for 1996 and recommended approval of the budget. It was moved by Council Member McCabe and seconded by Council Member Hamerlik that we approve the preliminary budget as presented.

The city auditor reported that the council would have to amend the preliminary budget to include the $35,000 amendment to the sanitation department budget recommended earlier in the meeting, plus amendments included in a memo to the council members dated September 1, 1995.

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September 5, 1995

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that the proposed preliminary budget be amended as follows:
1) increase the overtime budget in the sanitation department by $35,000;
2) add $20,000 to the fire department budget for overtime and $1,530 for fringe benefits;
3) add $3,710 to salaries and $802 to fringe benefits due to error in grade for director's position in human resources budget;
4) increase Enterprise funds due to change in human resources for reimbursable amounts: sanitation $1,146, wastewater $358, water $1,003, stormwater $71, and public transit $72;
5) increase salaries in wastewater budget as follows: $1,234 in salaries and $155 in fringes; water $1,234 and $157, due to error in position classifi- cation for maintenance electrician I which should have been II; and
6) increase debt service payments in Debt Service budget, 1995 GFG and Kedney Tax Increment $65,800 and 1994-C Acme Tax Increment $17,490.
Carried 11 votes affirmative.

Council Member Sande asked for discussion on the $100,000 budgeted for the Empire Theatre remodeling.

The city auditor reported that this was a request from the Arts Council for a contribution for a total of $200,000 - $100,000 in 1996 and $100,000 in 1997; that the Budget Framework Committee considered and included that item in the recommendation to the mayor in the budget framework resolution which was approved by council. He stated that funding is contingent upon a dollar for dollar match to other grant funds.

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

APPROVE VARIOUS APPOINTMENTS