Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, April 1, 1996

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, April 1, 1996 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; absent: Council Member McCabe - 1.

PRESENTATION OF CERTIFICATE TO FINANCE
DEPARTMENT STAFF

Mayor Polovitz presented a Certificate of Achievement for Excellence in Financial Reporting from Government Finance Officers' Assn. and a plaque to the finance department staff, and stated that this is the 9th consecutive year that the finance department has received recognition.

PRESENTATION OF AWARDS BY HEALTH DEPARTMENT

Don Shields, executive director of the health department, stated that this is Public Health Week, April 1-7, and presented awards of excellence to the following individuals for outstanding public health service in 1995:
1) public official category: Doug Carpenter, for ceaseless efforts with tobacco coalition, reducing youth access to tobacco products, youth protection, and spearheading the city ordinances on retail licensing;

COUNCIL MEMBERS GLASSHEIM AND HANSON REPORTED
PRESENT

2) business category: McDonald's Restaurant, Mike and Cindy O'Keefe, for their active participation in immunization coalition, working with clinics, etc.;
3) education category: Greg Teator, UND Food Service, who was instrumental in forming partnership with Public Health for food manager training and certification, etc.
4) media communications category: Grand Forks Herald, Mike Maidenberg, publisher, instrumental in stimulating debate in public education and informing residents of community about public health issues.

MAYOR'S ANNOUNCEMENT

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.

CONTINUE SECOND READING OF ORDINANCE
ON ANNEXATION OF BIRKHOLZ'S 5TH ADDITION TO
APRIL 15, 1996

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Birkholz's 5th Addition and unplatted parts of the SW-1/4 NW-1/4 and the NW-1/4 SW-1/4 of Section 17 and the SE-1/4 NE-1/4 and the NE-1/4 SE-1/4 of Section 18, Township 151 North, Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on March 18, 1996 was presented and read for consideration on second reading and final passage.

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

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It was moved by Council Member Sande and seconded by Council Member Beach that second reading of the ordinance be postponed to April 15, 1996. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3573, RELATING TO SALE
OF CITY PROPERTY

An ordinance entitled "An ordinance amending Grand Forks City Code Section 2-0402(4) and Section 2-0402(5) relating to sale of city property", which had been introduced and passed on its first reading on March 18, 1996, 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.

ADOPT ORDINANCE NO. 3574, ADOPTING REGULATIONS
FOR CLASS 8.1 KRAFT FIELD BEER

An ordinance entitled "An ordinance amending Section 21-0205 by adopting Class 8.1 Kraft Field Beer", which had been introduced and passed on its first reading on March 18, 1996, 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 ON PROPOSAL THAT THE
CITY ISSUE ITS REVENUE BONDS, MIDA, TO FINANCE
PROPOSED PROJECTS FOR UNITED HOSPITAL; AND
ADOPT RESOLUTIONS APPROVING THE PROJECT AND
AUTHORIZING ISSUANCE OF REVENUE BONDS, ETC.

The city auditor reported that a public hearing had been scheduled for this evening on the proposal that the City issue its revenue bonds under the North Dakota Municipal Industrial Development Act of 1995, NDCC, as amended, to finance costs incurred in the acquisition and installation of items of equipment and other personal property, and the acquisition of certain improvement of real property for The United Hospital, and that the notice to the public had been published as required.

Mayor Polovitz announced that this was the time set for a public hearing on a proposed issue of revenue bonds of the City under the Municipal Industrial Development Act, on behalf of The United Hospital. Mayor Polovitz stated that all persons present who wished to be heard with respect to the proposed bonds and the project to be financed thereby would now be heard, whereupon the following persons appeared and expressed the view summarized opposite their respective names: There were no comments.

There being no other persons present expressing a desire to be heard, Mayor Polovitz announced the hearing was closed.

Council Member Babinchak then introduced the following resolution and moved its adoption: Document No. 6694 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member
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Carpenter that this resolution be and is hereby adopted. Upon call for the question 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 motion carried and the resolution adopted.

Council Member Babinchak then introduced the following resolution and moved its adoption: Document No. 6695 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this resolution be and is hereby adopted. Upon call for the question 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 motion carried and the resolution adopted.

ADOPT RESOLUTION VACATING PORTION OF NORTH
44TH STREET AND

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of the curved segment of North 44th Street located at the southerly end of Senske's First Addition and lying between Lot 1, Block 1 and Lot D, Block 2, Senske's First Addition, and shown as vacated on the plat of Senske's Third Resubdivision, and vacation of a 10-foot wide east/west utility easement lying north of and adjoining the southerly lot lines of Lot 1, Block 1, and Lot D, Block 2, Senske's First Addition, excluding any portion intersecting with adjoining north/south utility easements, 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 Babinchak and seconded by Council Member Carpenter that we hereby find and determine an insufficiency of protest on the petition for vacation. Carried 13 votes affirmative.

Council Member Babinchak introduced the following resolution, which was presented and read: Document No. 6996 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter 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.

ESTABLISH POLLING PLACES FOR PRIMARY ELECTION

A listing of the proposed polling places for the twenty-six precincts in the seven wards of the city for the primary election to be held on June 11, 1996 was presented to the council. It was moved by Council Member Beyer and seconded by Council Member Babinchak that the polling places as listed be the official polling places for the primary election. Carried 13 votes affirmative.

REPORTS OF OFFICERS

The city auditor's report on investment activities for the period ending March 31, 1996 was presented and read. It was moved by Council Member Hoeppner and
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seconded by Council Member Hamerlik to receive and file. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 96-05, dated April 1, 1996 and totaling $577,817.65, 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 Hanson and seconded by Council Member Hoeppner 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, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE APPLICATIONS FOR THREE-YEAR
EXEMPTION OF IMPROVEMENTS TO PROPERTY

Committee No. 1, Finance, reported having considered the application for 3-year remodeling exemption by Daniel Romuld, 627 4th Avenue South, and recommended that the application be approved and the exemption granted for three years.

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

Committee No. 1, Finance, reported having considered the applications for 3-year remodeling exemption, by Bill Kuhl, Northland Printing, 1013 North 5th Street; Casper Feist and Carolyn Duda, 1305 5th Avenue North; Grand Forks Homes, Inc., 810-830 4th Avenue South; and James S. and Gail S. Hand, 519 Belmont Road; and recommended to approve the applications, with exceptions as noted on the applications.

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

AUTHORIZE SECRETARIAL POSITION IN FINANCE/
ADMINISTRATIVE SERVICES DEPARTMENT

Committee No. 1, Finance, reported having considered the matter of classified secretarial position in Finance and Administrative Services, and recommended that we approve reallocation of funds from Temporary Wages to Permanent Wages, establish a classified secretarial II position in the Finance and Administra- tive Services Department, and refer to Civil Service Commission for selection of criteria.

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

REFER REQUEST FOR SALES TAX RELIEF
FOR LUMBER YARDS TO PROVIDE BUILDING
PRODUCTS EXEMPTION BACK TO COMMITTEE

Committee No. 1, Finance, reported having considered the matter of sales tax relief for lumber yards, and recommended to amend the city ordinance to provide for a building products exemption, and to introduce the ordinance for first reading.
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It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved.

Council Member Babinchak questioned impact on City's budget and financial impact on City.

Several council members reported they had received calls from other businesses re. exemption because of out of town competition.

Grant Shaft, attorney, representing Simonson's Lumber, stated they are requesting an exemption from the 1% sales tax and additional tax for the events center; that products they are requesting exemption for are fundamental building materials, items not commercially sold through retail stores; that lumber yards in unique situation and lumber yards outside jurisdiction of city competing with local lumberyards using sales tax as marketing tool resulting in lost revenue; that lumber sales are not installment sales, materials are purchased on as need basis and delivered on site as needed, and tax applied for each purchase/delivery. He stated that primary consideration of committee was revenue short falls and he suggested rolling over percentage into building permits, declare value at time permit taken out, and restructure fee schedule to incorporate fee to offset lost revenue. He also stated that they can't wait for vote on use tax as this is bidding season for construction. He asked that the council pass on this matter at this time so can go back to finance for further consideration.

There was discussion by the council re. financial impact on City, amount of lost revenue, etc. Mr. Schmisek stated they don't have firm numbers, busi-nesses not prone to giving out that information and expressed concern re. financial impact, have monies obligated. He reported he had also received call from appliance dealer re. outside competition; and expressed concern re. setting precedent.

There was some discussion re. competitive advantage by lumberyards outside the city; however, Howard Swanson, city attorney, reported that a sale by LumberMart in East Grand Forks is considered to be a sale by the Grand Forks store and in the course of auditing they would have to remit the Grand Forks city sales, not the Minnesota sales tax; that is not unlike a product that you were to purchase at Dayton's in Minneapolis that is delivered to you in Grand Forks, that sale is presumed to occur at the Grand Forks location, not Minneapolis location. He also reported that Crookston Lumber Center has opened a business in Grand Forks, and they are an agent for the Crookston building center, their sales are likewise treated in the course of an audit as a Grand Forks sale; the Miller's Lumber Yard is different in that it is without any Grand Forks sales agent or location.

Council Member Geller stated in light of this information he would like the matter to be sent back to committee; Council Member Babinchak concurred; and the matter be sent back to committee for further consideration.

APPROVE BALLOT LANGUAGE FOR MEASURE RE.
PRINTING OF MINUTES

Committee No. 1, Finance, reported having considered the matter of language for ballot re. publishing of minutes, and recommended approval of the ballot language for the June 11 election as presented with the additional language concerning alternative dissemination of data as approved by the city council.

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

Mr. Swanson reported that in November, 1995 a State initiative went into
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effect requiring all municipalities and other political subdivisions place on the June ballot in 1996 and every four years after that, a question as to whether the full minutes or a summary of minutes of the governing body, as well as a listing of all checks issued by the governing body or political subdivision, be published in the official paper. He stated that it is also an opportunity to determine what form of publication and to what extent, will be required. He stated that the present practice of publishing minute summaries and publishing the agenda goes beyond what is presently required, but not sufficient under the new statutory requirement.

There was some discussion as to cost of publication of agendas/minutes at the present time ($24,000) and what cost would be under new requirements, est. $36,000.

Council Member Sande moved an amendment to the motion to include an addition to the last paragraph of this ballot that says, the annual cost of publication of the agendas and minutes currently is approx. $24,000. Beyer seconded the motion. Carried 12 votes affirmative.

Mr. Swanson reported that the committee had requested the inclusion of additional language in the No vote explanation to identify the possibility of other means or alternative means of dissemination, and that additional language would read as follows: A No vote means that you wish for the City to publish, distribute or broadcast the agendas and minute summaries in a manner approved by the city council; and the language just approved in the amendment would follow the sentence "Complete minutes and bill listings are presently available for public use and inspection at the City Auditor's Office."
He stated that the phrase that will come out is "...to continue the present publication.." and that will change to "...to publish, distribute or broadcast the agendas and minute summaries in a manner approved by the city council." Council Member Carpenter stated that language was what was in the finance committee motion.

Upon call for the question on the motion as amended, and upon voice vote, the motion carried 13 votes affirmative.

REFER MATTER OF AMENDING CITY CODE RE. EFFEC-
TIVE DATE OF STANDING COMMITTEE APPOINTMENTS
BACK TO COMMITTEE

Committee No. 1, Finance, reported having considered the matter of amending Section 2-0201 of the City Code relating to effective date of standing committee appointments, and recommended to introduce ordinance for first reading amending the City Code to change the appointment date from May 1 to August 1.

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

Council Member Beach expressed some concern as to committees conducting business during the month of July if appointments didn't take effect until August 1. Mr. Swanson stated that the motion was that all standing committees must be filled by August 1, that new members of the council will take office the fourth Tuesday in June, and that the mayor chose to make those appointments at the organizational meeting, that can occur, but would have to occur before the first of August. He reported that the suggestion to the finance committee was to increase that time to include one more meeting in the event there were discussions about either the reorganization of committees or the appointments of the committees; and that he was suggesting that the council seriously look at the committee makeup in that period of time.

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Council Member Glassheim submitted proposal to give council greater say in selecting its leadership: a) committees elect their chairs; b) council as a whole elects four chairs; or a committee on committees be chosen by council to assign members to the standing committees.

It was moved by Council Member Carpenter and seconded by Council Member Geller to amend the motion to approve item b) of Council Member Glassheim's proposal: (council as a whole elects four chairs).

After further discussion Council Members Carpenter and Geller withdrew their motion and second.

It was then moved by Council Members Beach and Hamerlik to refer this matter back to the finance committee for further consideration. Carried 12 votes affirmative; Council Member Geller voted against the motion.

APPROVE SOURCE OF FUNDING FOR GANG
SUPPRESSION UNIT

Committee No. 2, Public Safety, reported having considered the matter of gang suppression unit funding, and recommended to approve the budget amendment in the amount of $20,600 with funds from police department carry-over funds for 1995.

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.

INTRODUCE ORDINANCE TO ADOPT 1994 UNIFORM
FIRE CODE AND SUPPLEMENT

Committee No. 2, Public Safety, reported having considered the matter of adoption of 1994 Uniform Fire Code and supplement, and recommended to adopt the 1994 Uniform Fire Code and supplement, and to introduce the ordinance for first reading.

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.

Council Member Beyer introduced an ordinance entitled "An ordinance


which was presented, read and passed on its first reading.

APPROVE BUDGET AMENDMENTS

A request to amend the police department budget in the amount of $7,000 to reflect unanticipated revenue from Narcotics Task Force Grant, was presented and read. It was moved by Council Member Sande and seconded by Council Member Johnson that this amendment be and is hereby approved. Carried 13 votes affirmative.

A request to amend the health department budget in the amount of $2,078 to reflect Family First grant was presented and read. It was moved by Council Member Sande and seconded by Council Member Johnson that this amendment be and is hereby approved. Carried 13 votes affirmative.

GRANT PERMISSION TO SERTOMA CLUB TO HOLD
ANNUAL JULY 4 CELEBRATION ON RIVERBANK,
SUBJECT TO CONDITIONS
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Committee No. 2, Public Safety, reported having considered the request by Sertoma Club to hold July 4 celebration, including duck race and fireworks display, on riverbank, and recommended to grant the permit contingent upon the following conditions: 1) Sertoma Club to provide proof of insurance to the City; 2) installation of a temporary snowfence around the perimeter of Mr. Buegel's property at 509 South 3rd Street, with map showing location of the fencing of the area; 3) Sertoma Club to provide to the City the number of people to be assigned to patrolling perimeter of Mr. Buegel's property; and 4) written statement relative to cleanup of the property on July 5.

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

John Buegel, 509 South 3rd Street, read a prepared communication opposing the granting of a permit to the Sertoma Club and outlining his reasons which include denying him the peaceful and quiet enjoyment of his property, threats to his life, trespassing on his property, and threat to his property from the high-explosive fireworks, and asked that it be entered into the minutes in its entirety: Document No. 6997 - Communication. He also asked for a roll call vote on the motion.

Paul Waind, co-chair of the Sertoma Club planning committee, reported they have put together information pertaining to their request (and copies were submitted to the council), asking for permit and outlining actions they will take re. crowd control, security, insurance, fireworks, special events and cleanup/restroom facilities

After discussion Council Member Johnson moved an amendment to include the providing of a police officer in addition to the 10 volunteers assigned to patrol Mr. Buegel's property; Council Member Beyer seconded the motion. Carried 13 votes affirmative.

It was moved by Council Member Beyer and seconded by Council Member Hagness that Mr. Buegel provide a letter authorizing members of Sertoma on his property for cleanup. Mr. Buegel stated he would grant permission for Sertoma to come on his property for that specific purpose. Motion carried 13 votes affirmative.

Upon call for the question on the motion, 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 motion carried.

RECESS FOR 5-MINUTES

Mayor Polovitz called for a 5-minute recess at 9:25 p.m. The council reconvened at 9:30 p.m. with all members present except Council Member Hanson.

ACCEPT BID OF LAWNMOWER FOR STREET
DEPARTMENT

Committee No. 3, Public Service, reported having considered the equipment bids: riding lawnmower for street department, and recommended to accept the bid of North Star Turf in the amount of $12,085.00, this being the only bid that met specifications.

It was moved by Council Member Klave and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
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DECLARE EMERGENCY AND AUTHORIZE FUNDS
FOR DITCHING ON 32ND AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of emergency funds for ditching on 32nd Avenue South (street flooding), and recommended that we declare emergency and authorize funds to cover the cost.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, SEWER
PROJECT NO. 4337, DISTRICT NO. 372

The city auditor presented and read tabulation of bids which had been received and opened on Monday, March 25, 1996 for Sewer Project No. 4337, District No. 372, sanitary sewer on 11th Avenue South along Sertoma Park, indicating that Molstad Excavating, Inc. was low bidder based upon their bid in the amount of $39,980.00: Document No. 6998 - Bid Tabulation.

The city engineer's estimate of total cost on Sewer Project No. 4337, District No. 372, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4337, Sewer District No. 372, sanitary sewer on 11th Avenue South along Sertoma Park, and recommended that we accept the low bid of Molstad Excavating, Inc. in the amount of $39,980.00.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 6999 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Beyer that this resolution awarding the contract for Sewer Project No. 4337, District No. 372, to Molstad Excavating, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, WATERMAIN
PROJECT NO. 4368, DISTRICT NO. 241

The city auditor presented and read tabulation of bids which had been received and opened on Monday, March 25, 1996 for Watermain Project No. 4368, District No. 241, watermain on South 34th Street from 24th Avenue South to 30th Avenue South, indicating that Molstad Excavating, Inc. was low bidder based upon their bid in the amount of $87,256.00: Document No. 7000 - Bid Tabulation.

The city engineer's estimate of total cost for Watermain Project No. 4368, District No. 241, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4368, District 241, watermain on South 34th Street from 24th to 30th Avenues South, and recommended that we accept the low bid of
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Molstad Excavating, Inc. in the amount of $87,256.00.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7001 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Beyer that this resolution awarding the contract for Watermain Project No. 4368, District No. 241, to Molstad Excavating, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4386, SEWER DISTRICT NO. 366

The city engineer's estimate of total cost of the construction of storm sewer outfall in Sun Beam Addition in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4386, District No. 366, storm sewer outfall in Sun Beam Addition, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7002 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Beyer that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4410, PAVING DISTRICT NO. 539

The city engineer's estimate of total cost of the construction of paving South 34th Street and 24th Avenue South, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4410, Paving District No. 539, paving South 34th Street and 24th 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 Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7003 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Beyer
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that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 4448, DISTRICT NO. 246

The city engineer's estimate of total cost of the construction of watermain on North 43rd Street from 24th to 26th Avenues North in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4448, Watermain District No. 246, watermain on North 43rd Street from 24th Avenue North to 26th Avenue North, 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 Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7004 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Beyer that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 4312, DISTRICT NO. 533

The city engineer's estimate of total cost of the construction of paving on 30th Avenue South. 38th Street west, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Paving Project No. 4312, District No. 533, paving 30th Avenue South, South 38th Street west, 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 Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7005 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Beyer that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4418, DISTRICT NO. 542

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4418, District No. 542, paving South 34th Street from DeMers Avenue to 17th Avenue South, 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.
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April 1, 1996

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7006 - Resolution.

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

ACCEPT ENGINEER'S REPORT, PAVING DISTRICT
NO. 542, PROJECT NO. 4418

The city auditor presented and read the engineer's report on Paving District No. 542, Project No. 4418: Document No. 7007 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
DISTRICT NO. 542, PROJECT NO. 4418

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7008 - Resolution.


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

APPROVE BUDGET AMENDMENT

A request to amend the water treatment plant budget in the amount of $45,000
to cover items/projects approved by the city council and not budgeted in the 1996 budget, with funds to come from cash carryover, was presented and read. It was moved by Council Member Klave and seconded by Council Member Sande that this budget amendment be and is hereby approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCE TO INCREASE RATES FOR
SANITATION SERVICES

Committee No. 3, Public Service, reported having considered the matter of sanitation cost of services study, and recommended to accept the assumptions as presented.

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

Committee No. 3, Public Service, reported having considered the matter of sanitation cost of services study, and recommended to approve increase in residential tipping fee to $16.00/per ton for 1996.

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

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April 1, 1996

Committee No. 3, Public Service, reported having considered the matter of sanitation cost of services study, and recommended to increase rate for residential collection to $8.33/mo. at current level of service.

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

Committee No. 3, Public Service, reported having considered the matter of sanitation cost of services study, and recommended to increase rate for current commercial service as follows: Base rate of $0.30 and a collection rate of $2.75, based on the following formula: base rate x pickups per week x 4 weeks per month plus collection rate x yards x pickups per week x 4 weeks per month.

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