Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, April 15, 1996

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, April 15, 1996 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; absent: Council Member Carpenter - 1.

FLOOD UPDATE

Ken Vein, city engineer and director of public works, gave a brief update on the flood situation: that river gauge presently at 41.0 feet, forecast for the river has been revised to 44.0 to 44.5 ft., with crest expected late this week or early next week. He stated they have started placing clay on Belmont Road at 15th Avenue South and Belmont Road will be raised to 46.0 ft. He reported that sandbag operations going very smoothly at Public Works Facility, will be preparing approx. 75,000 sandbags on pallets and have semi's for transporting to various locations; that EOC is at 24-hour day operation and engineering will also be staffing 24-hour day and assisting where need be. He stated that sluice gates, flap gates and pumps in place and are monitoring.
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 matter.

APPROVE MINUTES MARCH 18, APRIL 1 AND 9, 1996

Typewritten copies of the minutes of the adjourned meeting of the city council held on March 18, 1996, the regular meeting held on April 1, and the special meeting of the council held on April 9, 1996, were presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Hagness that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3575, ANNEXING ALL OF
BIRKHOLZ'S 5TH ADDITION AND UNPLATTED PARTS

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 first reading on March 18, 1996, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

The city auditor exhibited affidavit of publication of notice to the public that the petition for annexation had been filed with the city council and had been published as required.

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

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 3576,
TO AMEND THE STREET AND HIGHWAY PLAN TO INCLUDE
THE PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
BIRKHOLZ'S 5TH ADDITION
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April 15, 1996

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Birkholz's 5th Addition, being a part of the Northwest Quarter of the Southwest Quarter of Section 17, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks County, North Dakota", which had been introduced and passed on its first reading on March 18, 1996, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date 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.

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson for final approval of the plat of Birkholz's 5th Addition to the city of Grand Forks, ND, being a part of the Northwest Quarter of the Southwest Quarter of Section 17, Township 151 North, Range 50 West of the 5th Principal Meridian (located between South 38th and 42nd Streets and between 24th and 28th Avenues South), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan.

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

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

ADOPT ORDINANCE NO. 3577, AMENDING ZONING
MAP TO INCLUDE WITHIN COLUMBIA PARK PUD,
CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 8,
WITH ALL SUBSTANTIVE CHANGES LYING WITHIN
LOT 14, BLOCK A, COLUMBIA PARK 15TH ADDITION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 7, and to include within Columbia Park PUD, Concept Development Plan, Amendment No. 8, with all substantive changes lying within Lot 14, Block A, Columbia Park 15th Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 20, 1996, and upon which public hearing and second reading of the ordinance had been continued until this evening, was presented and read for consideration on second reading.

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

The Planning and Zoning Commission reported having considered the matter of the request from Steven L. Adams, on behalf of Arthur Greenberg, Jr., for final approval of an ordinance to amend the Zoning Map to exclude from Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 7, and include within the Columbia Park PUD, Concept Development Plan, Amendment No. 8, Lot 14, Block A, Columbia Park 15th Addition to the
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April 15, 1996

city of Grand Forks, ND (located in the northwest corner of South 34th Street and 30th Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map.

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

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

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3578, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF MAIER'S THIRD ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota to include the public rights of way shown as dedicated on the plat of Maier's Third Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 20, 1996, and upon which public hearing and second reading of the ordinance had been continued until this evening, was presented and read for consideration on second reading and final passage.

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

The Planning and Zoning Commission reported having considered the matter of the request from Dick Olson on behalf of the Grand Forks Growth Fund for final approval of the plat of Maier's Third Addition to the city of Grand Forks, ND lying in the Southwest Quarter of Section 7, T151N, R50W, 5th Principal Meridian (located between 12th Avenue South and 15th Avenue South and between South 48th Street and South 52nd Street), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan.

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

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

ADOPT ORDINANCE NO. 3579, ADOPTING BY
REFERENCE THE UNIFORM FIRE CODE (UFC), 1994
EDITION, AND AMENDMENTS THERETO

An ordinance entitled "An ordinance amending and re-enacting Section 12-0201 of the Grand Forks City Code relating to the adoption by reference of the Uniform Fire Code (UFC), 1994 Edition, providing for the issuance of permits and collections of fees therefor, providing penalties for a violation thereof and repealing the section heretofore effective", which had been introduced and passed on its first reading on April 1, 1996, was presented and read for consideration on seconded reading and final passage.
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April 15, 1996

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

ADOPT ORDINANCE NO. 3580, RELATING TO
GARBAGE COLLECTION AND DUMPING FEES

An ordinance entitled "An ordinance amending Sections 13-0408 and 13-0502 of the Grand Forks City Code relating to garbage collection and dumping fees", which had been introduced and passed on its first reading on April 1, 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, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 532, PROJECT NO. 4286

The city auditor reported that the period for filing protests on the resolution of necessity for Paving District No. 532, Project No. 4286, paving of 24th Avenue South from South 34th Street to South 38th Street, had expired on April 12, 1996, and that he had received written protest from the owners of Lot 8, Block 3, Birkholz's 4th Addition.

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

Council Member Beyer introduced the following resolution as to protests which was presented and read: Document No. 7010 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Geller that we do hereby find and determine an insufficiency of protest against Paving District No. 532, Project No. 4286, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 4286, DISTRICT NO. 532

The city auditor presented and read tabulation of bids which had been received and opened on April 8, 1996 for Paving Project No. 4286, District No. 532, paving of 24th Avenue South from South 34th Street to South 38th Street, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $249,129.50: Document No. 7011 - Bid Tabulation.

The city engineer's estimate of total cost for Paving Project No. 4286, District No. 532, in the amount of $317,000, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of project construction bids for Project No. 4286, District No. 532, paving 24th Avenue South, 3400-3800 blocks, and recommended that we accept the low bid of Valley Contracting Company in the amount of $149,129.50.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.
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April 15, 1996

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 7012 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution awarding the contract for Paving Project No. 4286, District No. 532, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Beach and seconded by Council Member Hoeppner that the consent agenda items be referred to committee as noted for consideration. Carried 13 votes affirmative.

Finance Committee:
1) request for tax increment financing by EAPC
2) request by Central Business District for transfer of funds to purchase properties at Division and South 4th Street.
3) matter of driving review board and City's vehicle policy.
4) matter of worker's compensation refund check.

Public Safety Committee:
1) matter of driving review board and City's vehicle policy.
2) matter of change orders for Central Fire Station Dormitory Project 4474.

Public Service Committee:
1) matter of driving review board and City's vehicle policy.

Planning and Zoning Commission:
1) matter of plat, zoning and creating of urban renewal plan for DeMers English Coulee Center II by EAPC.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of March 31, 1996, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Glassheim that this report be and is hereby received and filed. Carried 13 votes affirmative.

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from Bev Collings, secretary, Board of Zoning Adjustments, was presented and read stating that the Board had held a public hearing in City Hall on Thursday, March 28, 1996, that notice had been published as required and that the following appeals were heard: 1) Robert and Danelle Caulfield, 1497 South 35th Street, request for variance to the side yard setback requirements to erect a new dwelling, which was approved allowing a side yard setback of 7 ft. and a total combined side yard setback of 18 ft.; 2) Valdak Corporation (Valley Dairy Car Wash), 324 North Washington Street, request for variance to the front yard, second front yard, and corner setback requirements to erect a cashier booth, which was approved allowing the second front yard setback to be zero feet; 3) Sharon Lutheran Church, 1720 South 20th Street, request for variance to the impervious surface area requirements to erect an addition to the building and parking, which was approved allowing impervious surface area to be 15% of the lot area; and 4) Lloyd and Shirley Welsh, 1710 North 7th Street, request for variance to the parking and buffer yard requirements to erect a 6-plex apartment building, which was approved allowing parking in the front yard without setback or buffer yard in that area.
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April 15, 1996

It was moved by Council Member Hanson and seconded by Council Member Sande that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 96-06, dated April 15, 1996, and totaling $545,867.64, 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, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

RECEIVE AND FILE REQUEST FOR SALES TAX
RELIEF FOR LUMBER YARDS

Committee No. 1, Finance, reported having considered the matter of sales tax relief for lumber yards (request withdrawn), and recommended to receive and file.

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

APPROVE GRANT APPLICATION BY GRAND FORKS
HISTORIC PRESERVATION COMMISSION FOR 1996

Committee No. 1, Finance, reported having considered the matter of grant application by Grand Forks Historic Preservation Commission for 1996, and recommended to approve and to authorize proper City officials to sign the grant application.

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

REFER MATTER OF POLICY RE. DRAW-DOWN OF SICK
LEAVE/WORKER'S COMPENSATION BACK TO COMMITTEE

Committee No. 1, Finance, reported having considered the matter of policy on draw-down of sick leave after worker's compensation, and recommended to approve the new policy as presented: 1) that from the date and time of the injury the employee must use either sick, vacation or compensatory time for the hours lost, this will have a cap of 3 weeks or 120 hours); 2) if and when the employee participates in a return to duty position, the employee will ear 100% of their pay and not be required to use sick, vacation or compensatory time; and 3) if the employee's claim is approved, 2/3rds of the used time will be credited back to the employee's leave bank.

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

Council Members Babinchak and Geller asked that this matter be sent back to committee; and the matter was so referred.

APPROVE EXTENSION OF LEASE WITH STATE HIGHWAY
PATROL FOR RENTAL OF SPACE AT POLICE BUILDING
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April 15, 1996

Committee No. 1, Finance, reported having considered the matter of extension of lease with State Highway Patrol, and recommended to authorize the proper City officials to enter into the lease extension with the North Dakota Highway Patrol.

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

APPROVE APPLICATIONS FOR 3-YEAR REMODELING
EXEMPTIONS

Committee No. 1, Finance, reported having considered the applications for 3-year remodeling exemption: a) First National Bank, 12 North 4th Street; b) Scott J. Imberi, 412 South 5th Street; c) Monte L. Phillips, 820 North 25th Street (May 1993); d) Monte L. Phillips, 820 North 25th Street (June 1995); and e) Thomas Hagness, 1423 11th Avenue South, and recommended to approve the applications.

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

Council Member Hagness asked to be excused from voting on this matter; it was moved by Council Members Babinchak and Klave to excuse Council Member Hagness from voting on this issue. Carried 12 votes affirmative.

Upon call for the question, and upon voice vote, the motion carried 12 votes affirmative; Council Member Hagness abstaining.

BUDGET AMENDMENT

A request to amend the budget for Development & Resources in the amount of $2,880.00 to use cash carryover for 1996 expenses was presented to the council. It was moved by Council Member McCabe and seconded by Council Member Babinchak that this amendment be and is hereby approved. Carried 13 votes affirmative.

INTRODUCE ORDINANCE AMENDING EFFECTIVE DATE
OF APPOINTMENT OF PRESIDENT/VICE PRESIDENT OF
COUNCIL AND STANDING COMMITTEES

Committee No. 1, Finance, reported having considered the matter of amending Section 2-0201 of the City Code relating to effective date of standing com- mittee 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 McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Hanson introduced an ordinance entitled "An ordinance amending Grand Forks City Code Sections 2-0103 relating to president and vice president of council and Section 2-0201 relating to standing committees", which was presented, read and passed on its first reading.

AUTHORIZE ENTERING INTO JOINT POWERS AGREEMENT
WITH PARK DISTRICT, AND ALLOCATE FUNDING FOR
ACQUISITION AND INSTALLATION OF BLEACHERS, ETC.
FOR KRAFT FIELD
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April 15, 1996

Committee No. 1, Finance, reported having considered the matter of funding for professional baseball (Grand Forks Varmints), and recommended that the City enter into a joint powers agreement with the Park District, and allocate up to $65,000 from the Loan and Stabilization Fund for the acquisition and installation of bleachers and for the rental of portable restroom facilities, concession stands and related facilities.

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

Council Member Geller asked to be excused from voting on this matter because of a conflict of interest. It was moved by Council Members Babinchak and Hanson that Council Member Geller be excused from voting on this matter. Carried 12 votes affirmative.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none; and Council Member Geller abstaining.

APPROVE APPLICATION FOR RENEWAL OF BEER
LICENSE FOR GRAND FORKS FAIR & EXHIBITION
ASSOCIATION

Committee No. 2, Public Safety, reported having considered the application by Grand Forks Fair & Exhibition Assn. for renewal of beer license, and recommended to approve the application and grant renewal of the license contingent upon approval by the police, fire and health departments.

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

ADOPT RESOLUTION RECOGNIZING AMERICAN
ASSOCIATION OF AIRPORT EXECUTIVES/UND AS
PUBLIC-SPIRITED ORGANIZATION ELIGIBLE TO
CONDUCT GAMING, AND APPROVE PERMIT

Committee No. 2, Public Safety, reported having considered the application for gaming permit by American Association of Airport Executives/UND for raffle on June 6, 1996, and recommended to adopt a resolution recognizing this group as a public-spirited organization eligible to conduct gaming, and to approve the application and grant the permit.

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

Council Member Johnson introduced the following resolution which was presented and read: Document No. 7013 - Resolution.

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

RECEIVE AND FILE REQUEST FOR PAYMENT OF
OVERTIME TO SERVE ON TASK FORCE FOR
IMPLEMENTATION OF POLICE CONSULTANT'S STUDY

Committee No. 2, Public Safety, reported having considered the matter of payment of overtime for police officers serving on task force for imple- mentation of police consultant's study, and recommended to receive and file.
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April 15, 1996

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

ACCEPT BIDS FOR MOSQUITO CONTROL PROGRAM

Committee No. 2, Public Safety, reported having considered the matter of bids for chemicals for mosquito control program, and recommended to accept the 1996 bid prices for chemicals for mosquito control from Cornbelt Chemical Company.

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

Committee No. 2, Public Safety, reported having considered the matter of bids for equipment for mosquito control program, and recommended to authorize health department staff to continue negotiations with Rydell Chevrolet to lease vehicles for this program at price within 10% of last year's prices and to enter into lease agreement for the 4-month period.

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

APPROVE BUDGET AMENDMENT

A request to amend budget for Communicable Disease in the amount of $3,465.00 to reflect additional funds received from United Hospital Auxiliary for Immunization Coalition materials, and a request to amend the budget for Communicable Disease in the amount of $4,847 to transfer funds from 1995 Cash Carryover, were presented and read. It was moved by Council Member Johnson and seconded by Council Member Sande that this budget amendment be and is hereby approved. Carried 13 votes affirmative.

APPROVE VARIANCE TO NOISE ORDINANCE

Committee No. 2, Public Safety, reported having considered the request from Walshstock '96 Committee for variance to the noise ordinance for an event scheduled for April 20, 1996, on UND Campus, and recommended to grant extension of noise ordinance to 12:00 midnight.

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

APPROVE EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of sanitary sewer and temporary construction easements for Project No. 4337 located in 3300 block of 11th Avenue South, for and in consideration of the sum of $1.00, Grand Forks Park District, grantor, and recommended that we accept the easements and authorize proper City officials to sign said easements.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.
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April 15, 1996

Committee No. 3, Public Service, reported having considered the matter of
watermain easement for Project No. 4417, located at South 34th Street from 11th Avenue South to Baron Blvd., for and in consideration of the sum of $1.00, Grand Forks Park District, grantor, and recommended that we accept the easement and authorize proper City officials to sign said easement.

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

AUTHORIZE FUNDING FOR METHANE MONITORING
PROGRAM AT LANDFILL

Committee No. 3, Public Service, reported having considered the matter of methane monitoring program at landfill, and recommended to approve a maximum of $10,000 for the program.

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

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

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 3945, Highway 2 Beautification, to provide signing at the entrance to Swangler's and Weekley's salvage yards, and recommended to approve the change order in the amount of $2,156.92.

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

APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT, PROJECT NO. 4371,
WASTEWATER TREATMENT STUDY

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1 to engineering services agreement, Project No. 4371, Wastewater Treatment Study, by KBM, Inc., and recommended to approve the amendment to the agreement in an amount not to exceed $8,960.50.

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

AUTHORIZE ENTERING INTO AGREEMENT FOR
ENGINEERING SERVICES FOR WASTEWATER PROJECT
NO. 4439

Committee No. 3, Public Service, reported having considered the matter of engineering services agreement for Wastewater Project No. 4439, new or revised lift station, and recommended to approve the agreement with Webster, Foster & Weston in an amount not to exceed $19,434.00 for the study and report phase of the project.
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April 15, 1996

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

AUTHORIZE CITY'S PARTICIPATION IN UND CAMPUS
STORM WATER STUDY

Committee No. 3, Public Service, reported having considered the matter of East Campus Storm Water Study, and funding, and recommended to approve participation in the study and funding for the project in the amount of $10,000, with funds from cash carryover in the stormwater fund, and approve transfer of the funds.

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

APPROVE AMENDMENT NO. 3 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 3941, SOUTH END
DRAINAGE FACILITY

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 3 to engineering services agreement for south end drainage facility, Project No. 3941, and recommended to approve the amendment to the engineering services agreement with CPS, Ltd. in an amount not to exceed $127,396.00.

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

APPROVE FINAL NDDOT CHANGE ORDER, PROJECT
NO. 4126, 32ND AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of final NDDOT Change Order No. 13, Project No. 4126, 32nd Avenue South, and recommended to approve the change order as follows: $150.83 increase and $434.35 deduct, for a net deduct of $283.52.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, WATERMAIN
PROJECT NO. 4417, DISTRICT NO. 245

The city auditor presented and read tabulation of bids which had been received and opened on April 8, 1996 for Watermain Project No. 4417, District No. 245, watermain on South 34th Street from 11th Avenue South to Baron Blvd., indicating that Soberaski, Inc. was low bidder based upon their bid in the amount of $62,075.50: Document No. 7014 - Bid Tabulation.

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April 15, 1996

The city engineer's estimate of total cost for Watermain Project No. 4417, District No. 245, in the amount of $79,000, was presented and read.

Committee No. 3, Public Service, reported having considered the project construction bids for Project No. 4417, District No.245, watermain on South 34th Street, and recommended that we accept the low bid of Soberaski, Inc. in the amount of $62,075.50.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7015 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution awarding the contract for Watermain Project No. 4417, District No. 245, to Soberaski, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4475, DISTRICT NO. 540

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for Project No. 4475, Paving District No. 540, paving on 30th Avenue South from South 34th Street to South 38th Street, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and further that we declare intent to sell bonds to finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7016 - Resolution.

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

ACCEPT ENGINEER'S REPORT, PAVING DISTRICT
NO. 540, PROJECT NO. 4475

The city auditor presented and read the engineer's report on Paving District No. 540, Project No. 4475: Document No. 7017 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
DISTRICT NO. 540, PROJECT NO. 4475
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April 15, 1996

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7018 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4483, DISTRICT NO. 541

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4483, Paving District No. 541, paving in Mighty Acres, 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 further that we declare intent to sell bonds to finance these improvements.