Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, December 4, 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, December 4, 1995 at the hour of 7:30 o'clock p.m. with President Hagness presiding. Present at roll call were Council Members McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 10; absent: Council Members Beach, Geller - 2.

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.

ADOPT ORDINANCE NO. 3552.1, RELATING TO
FEES AND CHARGES

An ordinance entitled "An ordinance amending various provisions of the Grand Forks City Code relating to fees and charges", which had been introduced and passed on its first reading on November 20, 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 McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 10; voting "nay": none. President Hagness declared the ordinance adopted.

COUNCIL MEMBER GLASSHEIM REPORTED PRESENT

HOLD PUBLIC HEARING, DETERMINE DOG TO BE
DANGEROUS ANIMAL, AND ISSUE ORDER REQUIRING
OWNER TO CONFINE ANIMAL

The city auditor reported that following complaints submitted to the public safety committee re. dog at 5310 Circle Drive, the city council had called for a public hearing to be held this evening pursuant to Chapter 11, Article 3, of the Grand Forks City Code, pertaining to determination of dangerous animals, and confinement of same, and that notice had been sent to the owner of the dog by certified mail, (however, after several attempts by the Post Office to deliver the certified letter it was returned to the city auditor's office.)

President Hagness called for the public hearing.

Shane Monda, 5310 Circle Drive, appeared and stated this dog is not harmful to anyone, is not vicious, is not a pitbull, is a Staffordshire Bull Terrier, is a show dog, and no substantiation to claims made by complainant.

COUNCIL MEMBER JOHNSON REPORTED PRESENT

Judy Iverson, 5303 Circle Drive South, Park Manor Mobile Homes, read statement re. complaints, concern re. pet owners who are not responsible and will not control their pets thereby causing harm to other pets and people, and requested council to revise ordinances concerning dangerous pets, with stronger penalties being imposed. She reviewed complaints and dates when
situations occurred, threats made to her, and police called.

Mrs. Iverson submitted letter from Thomas J. and Christine A. Heisler who stated they have known this particular dog to become vicious on four different occasions, are opposed to the presently laxed restraining practices, and that this dog has shown itself to be a menace to the neighborhood.

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Wilbur Speaker, animal warden at police department, 822 Lincoln Drive, stated that he did not hear threats; that first time he responded to call owner not home and impounded the animal; second time returned the animal to the owner's address, owner not home, but female who resides there issued citation and dog returned to her. He reported that when impounding animal, dog didn't act aggressive; that on second call, dog running lose, put rope on it, and not aggressive. He further reported that he had questioned Humane Society, and they stated dog very friendly and not aggressive while in their possession.

Mr. Monda stated that dog in question has been sold; that he does have another dog, Staffordshire Bull Terrier, and this dog has not caused any problems.

Howard Swanson, city attorney, stated there is an ordinance which allows this council to make factual determination that an animal is dangerous, that burden is upon the complainant (Mrs. Iverson) to prove by a preponderance of the evidence, that it is more likely true than not, that the animal is dangerous. He stated that is defined in one of several ways; and read definitions of dangerous animal as stated in Section 11-0301 of the Grand Forks City Code. He further stated that at this point have no certification from veterinarian doctor, there is no evidence that the animal is not licensed properly, there is no evidence that the animal is trained or involved in fighting, so it appears that the evidence that you need to determine is whether or not it establishes that it has a tendency, propensity or disposition to attack, fight or cause injury to human beings or domestic animals; there is no evidence that it has actually bitten anyone or other factual decision council could make is that it has approached in a vicious or terrorizing manner across the street, sidewalk or public grounds. He advised council that if they make any of those determinations and conclude that the animal is in fact dangerous, then the owner of the animal is required to maintain the dog in a locked kennel with sides at least 6 ft. high, the dog is to be leashed or muzzled at all times when it is outside the pen, there are warning signs required to be placed, and public insurance policy in the sum of $100,000 that has to be deposited.

Mrs. Iverson stated there were two dogs, first time younger dog, second time it was the female. Mr. Monda stated female dog there now. Mrs. Iverson stated there were unprovoked attacks on her dog; she stated she had no fear that the dog would attack her.

Julie Iverson, 2402 30th Avenue South, stated she was attesting to her mother's fear, that this is dangerous situation, danger to other pets, and small children as well, and something needs to be done where owner takes responsibility to restrain this animal.

Mr. Monda stated that there has not been any incident since May or June of the dog running loose, that at no time not controlled by owner.

President Hagness closed the public hearing.

Council Member Johnson asked the city attorney for clarification in making motion to declare vicious animal as vicious animal. Mr. Swanson stated that it would be his recommendation that council make a specific factual finding, and in conclusion that the animal is dangerous, and it would appear that subsections there may be evidence is on, and again it is for council to decide if evidence is sufficient, are under Section 11-0301, (1)(A) which deals with the attacking, biting or injury of person or another domestic animal, or (C) Any animal, which, when unprovoked, in a vicious or terrorizing manner approaches a person upon the streets, sidewalks, or any public place.

It was moved by Council Member Johnson and seconded by Council Member Hoeppner to declare this dog as dangerous animal under subsections (A) and (C) of Section 11-0301(1) of the Grand Forks City Code.
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After further discussion and upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Sande, Klave, Beyer, Johnson, Hagness - 7; voting "nay": Council Members Hamerlik, Hanson, Glassheim, Carpenter, Babinchak - 5. President Hagness declared the motion carried.

It was moved by Council Member Johnson and seconded by Council Member Sande to issue order to owner of the animal, under Section 11-0303, requiring him to confine the dangerous animal. Carried 12 votes affirmative.

REFER CONSENT AGENDA ITEMS

The consent agenda items, proposed appointments by mayor, were referred to the council for their review prior to appointment.

a) Civil Service Commission: Arvin Kvasager
b) Plumbing Board: Joe LaBelle, Jim Lunski, Doran Sand.
c) Electrical Board: Leon Comeau, Darryl Beauchamp, Robert Peterson, Mark Sertich.
d) Mechanical Board: Jim Fristad.

REPORTS OF OFFICERS

The city auditor's report on City investments for period ending November 30, 1995, was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-21, dated December 4, 1995, and totaling $379,664.83, 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 Babinchak and seconded by Council Member Beyer that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried and the bills ordered paid.

ADOPT RESOLUTIONS AWARDING SALE OF SPECIAL
IMPROVEMENT WARRANTS AND EXCHANGE THEREOF
FOR REFUNDING IMPROVEMENT BONDS, SERIES 1995G;
ESTABLISHING TERMS AND DIRECTING ISSUANCE OF
DEFINITIVE IMPROVEMENT WARRANTS ON FUNDS OF
VARIOUS DISTRICTS; AND DIRECTING ISSUANCE OF
$4,655,000 REFUNDING IMPROVEMENT BONDS, SERIES
1995G AND PRESCRIBING TERMS AND COVENANTS THEREOF

The city auditor presented an affidavit showing publication in the official newspaper of the City of a Notice of Bond Sale of $4,655,000 Refunding Improvement Bonds, Series 1995G (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted November 20, 1995. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 6 sealed bids for the purchase of the Bonds had been received at his office from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were
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found to be as follows: Document No. 6646 - Bid Listing.

Wally Dornfeld, Springsted, Inc., financial consultant, stated that the City retained its double A rating which is very favorable for the City, that they received 6 bids, with best bid from Harris Trust at 4.76%, and that's indication that market for bonds has strengthened, are at low peak, lowest been for two years and recommended award.

Committee No. 1, Finance, reported having considered the matter of sale of $4,655,000 Refunding Improvement Bonds, Series 1995G, and recommended that we award bid to Harris Trust & Savings Bank with true interest rate of 4.7691%; and adopt resolutions establishing terms and directing issuance of definitive improvement warrants and providing for an appropriating special assessments for the support and maintenance of said bonds, and adopt resolution awarding sale of special improvement warrants and exchange thereof for refunding improvement bonds, Series 1995G.

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

Council Member Babinchak introduced the following resolution (resolution
awarding sale of special improvement warrants and exchange thereof for Refunding Improvement Bonds, Series 1995G) and moved its adoption: Document No. 6647 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Carpenter, and, upon vote being taken thereon, the following voted in favor thereof: Council Members Babinchak, Beyer, Carpenter, Glassheim, Hagness, Hamerlik, Hanson, Hoeppner, Johnson, Klave, McCabe, Sande - 12; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

Council Member Babinchak introduced the following resolution (resolution establishing terms and directing issuance of definitive improvement warrants on the funds of Sanitary Sewer Districts Nos. 356, 360, 362 and 365; Storm Sewer Districts No.s 349, 357, 358, 359, 361 and 364; Paving Districts Nos. 529, 530, 531, 534, 535, 536, 537, 538 and 539; Street Lighting Districts No.s 103, 104, 106, 107, 108 and 109; and Watermain Districts Nos. 232, 234, 237, 239, 240 and 243 and providing for and appropriating special assessments for the support and maintenance of said funds and providing for and appropriating special assessments for the support and maintenance of said funds) and moved its adoption: Document No. 6648 - Resolution.

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

Council Member Babinchak then introduced the following resolution (resolution directing the issuance of $4,655,000 Refunding Improvement Bonds, Series 1995G and prescribing the terms and covenants thereof) and moved its adoption: Document No. 6649 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Carpenter and upon vote being taken thereon the following voted in favor: Council Members Babinchak, Beyer, Carpenter, Glassheim, Hagness, Hamerlik, Hanson, Hoeppner, Johnson, Klave, McCabe, Sande - 12; and the
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following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the mayor and his signature attested by the city auditor.

REFER REQUEST FOR TAX INCREMENT FINANCING BY
BALTIC, LLP FOR PINK HANGER BUILDING TO PLANNING
AND ZONING COMMISSION

Committee No. 1, Finance, reported having considered request for tax increment financing by Baltic, LLP for the Pink Hanger building, and recommended to refer to the Planning and Zoning Commission.

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

APPROVE APPLICATIONS FOR ABATEMENT OF
TAXES ON PROPERTY AT 2397 DEMERS AVENUE

Committee No. 1, Finance, reported having considered the applications for abatement of taxes for 1992 and 1993 by Johnson Farms for property at 2397 DeMers Avenue (ASCS Office Building, Lots F and C, Block A, Westward Acres Subdivision), and recommended to reduce the valuation of the property congruent with assessor's opinion for 1992 to $440,600 and to $440,600 for 1993.

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

INTRODUCE ORDINANCE TO IMPLEMENT INCREASE
FOR UTILITY RATES

Committee No. 1, Finance, reported having considered the matter of utility rates, and recommended to implement rate increases as follows: 5% increase for water and stormwater rates, and a 10% increase in wastewater rates, and to introduce ordinance(s) for first reading.

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

Council Member Klave introduced an ordinance entitled "An ordinance amending Sections 15-0115, 15-0116, 15-0117.1(2), 15-9117.1(4), 15-0301, and 15-0304(2)(F) of the Grand Forks City Code relating to various fees, charges, and rates", which was presented, read and passed on its first reading.

APPROVE REQUEST BY COUNTY TO RESTRICT
PARKING ON PORTION OF BRUCE AVENUE DURING
STATE-WIDE PRESIDENTIAL CONTEST ON FEBRUARY 27

Committee No. 2, Public Safety, reported having considered the request by Grand Forks County to restrict parking on Bruce Avenue between 3rd and 4th Streets to one-half hour on February 27, 1996 during state-wide presidential contest, and recommended to approve the request.

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


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AUTHORIZE RELOCATION OF "NO TRUCK" SIGNS ON
12TH AVENUE NORTH WEST OF NORTH 17TH STREET

Committee No. 2, Public Safety, reported having considered the matter of excessive truck traffic on 12th Avenue North, and recommended to move the "no trucks" sign to the block west of North 17th Street to allow direct access to the Acme Warehouse.

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

AUTHORIZE INSTALLATION OF YIELD SIGNS
ON CAMPBELL DRIVE AT OAK STREET

Committee No. 2, Public Safety, reported having considered the matter of request for stop or yield sign at Campbell Drive and Oak Street, and recommended to install yield signs on Campbell Drive at Oak Street.

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

RECEIVE AND FILE MATTER OF STOP/YIELD SIGNS
AT 20TH AVENUE SOUTH AND S. 36TH STREET

Committee No. 2, Public Safety, reported having considered the matter of stop or yield signs at intersection of 20th Avenue South and South 36th Street, and recommended to receive and file.

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

AUTHORIZE REPLACING OF LOADING/UNLOADING SIGNS
WITH 15-MINUTE ZONES AT MALL ENTRANCE ON DEMERS
AVENUE

Committee No. 2, Public Safety, reported having considered the request from City Center Mall for review of parking restrictions at 3rd Street and DeMers Avenue near north entrance to the Mall, and recommended to replace the loading/unloading zones with 15-minute zones on both side of the Mall entrance on DeMers Avenue.

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

APPROVE SNOWMOBILE ROUTE; SEND BIKEWAY COMMITTEE COMMUNICATION RE. SNOWMOBILES ON BIKEPATH ALONG
ENGLISH COULEE

Committee No. 2, Public Safety, reported having considered the matter of snowmobile route, and recommended to send communication to Bikeway Committee addressing the issue, and prohibiting snowmobiles on bikepath along English Coulee between DeMers and 17th Avenue South, and to instruct traffic engineer to sign the area; and to approve same snowmobile route as last year.

It was moved by Council Member Hoeppner and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.
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APPROVE BUDGET AMENDMENT

A request to amend Miscellaneous budget (police department) in the amount of $25,000, for Ralph Andersen consulting fee (police department study), was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE LETTER OF SUPPORT TO STATE
RACING COMMISSION FOR PARIMUTUEL SIMULCAST
HORSE RACING BY DEVELOPMENT HOMES, INC.

Committee No. 2, Public Safety, reported having considered the request by Development Homes, Inc. to hold parimutuel simulcast horse racing at Dagwood's, 1395 South Columbia Road, and recommended to send letter of support to the Racing Commission.

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

Mark Mazahari, RR 2, Box 138, Dakota Athletic Club, stated that the provider for the services in question is Racing Services, Inc., which is the same provider that would have supplied the signal to the charity that applied in June.

Howard Swanson, city attorney, again advised council that issue before them is not racing provider, the issue before them is the charity that is going to operate the site if approved by the State; that his advice last summer was not to fight battles you don't need to fight, that issue on provider is State battle, and suggested that their discussion be focused on the charity that has made application and that is Development Homes, not RSI. He stated his concern is monopoly situation, have potential anti-trust claim, if the council's position is that they will only act upon one particular charity; and stated that the only issue before this body is whether supporting application by this charity to conduct parimutuel betting or not. He stated that if this body or any individual on his own capacity wishes to lobby the Racing Commission to seek alternate or multiple providers, that this issue separate and distinct from the application before council.

Nancy McDonald, executive director of Development Homes, 2207 South 20th Street, stated they have asked for letter of support from the council because it is a requirement or request of the Racing Commission; that it is not their interest to be in competition with other racing providers in Grand Forks, they have made application to be considered for licensure with the understanding that there is right now only one service provider in the State, and should there be two service providers they would take serious look at whether they would want to be considered to do an application for gaming. She stated that this is up to the Racing Commission to decide, and they have made application and would like to be considered to do simulcast racing.

Mr. Swanson advised that Community Betterment Assn. out of Bismarck application received letter of non-support; that Dakota Athletic Club received letter of support. He also advised that the Racing Commission, whether council provides letter of support or non-support, makes an independent determination; council's recommendation is not binding on the Racing Commission.

After discussion Council Member Sande moved an amendment to the motion that the letter of support include the same paragraph (as in letter of non-support) that the State Racing Commission should not be in the business of creating provider monopolies; Council Member Johnson seconded by the motion.
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Scott Lindgren, 407 Pakenham, stated that since the last time the council discussed the situation and gave letter of non-support, nothing has changed. that on December 15 the Racing Commission will decide this issue, and if wait until next council meeting will have applications from several sites and several providers. It was noted that Dakota Athletic Club has letter of support for 1996.

Ms. McDonald stated they are local charity and have been in Grand Forks for the last 20 years and operated charitable gaming since the early 80's, are a viable organization, and money stays locally, and have charity that would do a good job, and asking for letter of support.

Terry Wanless, 3265 Desert Star Lane, stated that the Dakota Athletic Club did receive a letter of support for 1996, and would encourage council to be consistent and endorse Development Homes for 1996. He stated they are for multiple providers and for multiple sites.

It was moved by Council Member McCabe and seconded by Council Member Hamerlik to amend the motion that approval would be for application after January 1, 1996.

Upon call for the question on the second amendment and upon voice vote the motion was defeated.

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

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

INTRODUCE ORDINANCE TO ADOPT UNIFORM BUILDING
CODE, 1994 EDITION, BY REFERENCE

Committee No. 3, Public Service, reported having considered the matter of adoption of the Uniform Building Code, 1994 Edition, by reference, and recommended to approve proposed ordinance and to introduce for first reading.

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

Council Member Hanson introduced an ordinance entitled "An ordinance to amend and re-enact Section 19-0101 of the Grand Forks City Code, relating to the adoption by reference of the 1994 Uniform Building Code, an ordinance regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures in the city of Grand Forks; providing for the issuance of permits and collection of fees therefore; providing penalties for the violation thereof and repealing said original section heretofore effective", which was presented, read and passed on its first reading.

AUTHORIZE ENTERING INTO ENCROACHMENT
AGREEMENT

Committee No. 3, Public Service, reported having considered the matter of encroachment agreement for 2257 Springbrook Court (encroachment into utility easement), and recommended that we enter into an encroachment agreement with the property owner, Clark Piepkorn.

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

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

Committee No. 3, Public Service, reported having considered Change Order No. 1, Project No. 3945, Highway 2 Beautification, for Sherbrooke Sodding Co. in the amount of a net decrease of $33,366.06, and an extension of completion date to November 7, 1995, and recommended approval of the change order, subject to pro-rata of work left outstanding.

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 McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

ACCEPT BIDS FOR WATER PLANT

Committee No. 3, Public Service, reported having considered the bids for water treatment plant, 1996 chemical bids, and recommended to accept low bids received (as recommended by the water superintendent).

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 McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

Committee No. 3, Public Service, reported having considered the bids for water treatment plant, lime feeder, and recommended to accept the bid of Vessco, Inc., Eden Prairie, MN in the amount of $30,608.00 plus $500.00 estimated shipping cost.

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 McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

REFER MATTER OF AGREEMENT WITH ENERTECH
ENVIRONMENTAL, INC. AND EERC RE. WASTE
ENERGY PROJECT BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of agreement with EnerTech Environmental, Inc., University of North Dakota Energy and Environmental Research Center, and Energy and Environmental Research Center Foundation and City of Grand Forks, relative to waste energy project, and recommended to approve the agreement, contingent upon review and revision by the city attorney.

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

Council Members Klave and Beyer asked that this matter be sent back to committee for further consideration; President Hagness referred the matter back to committee.

AUTHORIZE RELEASE OF FUNDS TO SHERLOCK
CONSTRUCTION ON BURDICK'S SUBDIVISION PROJECT
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Committee No. 4, Urban Development, reported having considered the matter of final payment for Sherlock Construction, and recommended to release balance of funds with the exception of $8,764.00, the amount estimated to replace the steps.

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

APPROVE SUBMISSION OF APPLICATION FOR FUNDING
FOR OLD NP BRIDGE WALKWAY LIGHTING PROJECT

Committee No. 4, Urban Development, reported having considered the matter of old NP bridge walkway lighting project, and recommended that the City sponsor the project, and authorize submission of application for federal funds.

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

AUTHORIZE ACQUISITION OF PROPERTY AT 705
4TH AVENUE SOUTH

Committee No. 4, Urban Development, reported having considered the matter of acquisition of property at 705 4th Avenue South, and recommended that we allocate $27,500 to Housing Authority to purchase the property, with monies paid from CDBG Acquisition and Demolition Program.

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

APPROVE BUDGET AMENDMENT

A request to amend the Urban Development budget in the amount of $691,500, to provide budget for Flood Relief Program administered for State of ND, was presented and read. It was moved by Council Member Glassheim and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

REFER MATTER OF 1995 HEALTH INSURANCE
PAYBACK TO WAGE NEGOTIATION COMMITTEE

The Pension and Insurance Committee reported having considered the matter of 1995 health insurance payback, and recommended that the council approve returning the 1995 health insurance payment funds to the employees.

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

Council Member Carpenter asked that this matter be referred to the Wage Negotiation Committee for discussion; Council Member Hamerlik seconded the matter. Carried 12 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 277, dated November 30, 1995, totaling $780,083.28, was
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presented and read.

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

Council Member Babinchak asked to be excused from voting on any payments to Duckstad Contracting, Inc., and Council Members Beyer and Johnson moved to allow Council Member Babinchak to be excused from voting on this matter. Carried 11 votes affirmative.

Upon call for the question and upon roll call vote the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none; and Council Member Babinchak excused from voting on estimate payments to Duckstad Contracting, Inc. President Hagness declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council: Paving Project No. 4098; 1995 City Sidewalk Project No. 4261; Storm Sewer Repair Project No. 4185.4; 1995 Asphalt Street Repair Project No. 4263; Watermain Replacement Project No.4275.4; Watermain Replacement Project No. 4276.3; Watermain Replacement Project No. 4276.6; and Storm Sewer Project No. 4315.

It was moved by Council Member Beyer and seconded by Council Member Klave that these recommendations be and are hereby approved. Carried 12 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented to council and/or referred to committee as follows:

1) Council Member Beyer presented the matter of designating or signing of areas re. potential future zone and/or projects; President Hagness referred this matter to the Planning and Zoning Commission for consideration.
2) Council Member McCabe presented the matter of implementing sales tax for civic center; President Hagness referred this matter to the finance committee.

ADJOURN

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that we do now adjourn until Monday, December 18, 1995 at 7:30 o'clock p.m. Carried 12 votes affirmative.

Respectfully submitted,



Saroj Jerath
Deputy City Auditor

Approved:

Thomas M. Hagness, President of Council