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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, April 4, 1994

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 4, 1994 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Kulas, Hanson, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 12; absent: Council Member Hoeppner - 1.

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

Mayor Polovitz welcomed Boy Scout Pack 13 from Holy Family Church, and leaders Galen Solberg and Martha Kleve, to the meeting.

PROCLAIM WEEK OF APRIL 10-16 AS NATIONAL
PUBLIC SAFETY TELECOMMUNICATIONS WEEK

Mayor Polovitz presented a proclamation to the council proclaiming the week of April 10-16, 1994 as National Public Safety Telecommunications Week in honor and recognition of public safety telecommunications personnel and the vital contributions they make to the safety and well-being of our citizens. It was moved by Council Member Crawford and seconded by Council Member Kulas that the council adopt the proclamation. Carried 12 votes affirmative.

Cheryl Rupe thanked the mayor and council on behalf of the 911 Center employees and invited the council to their open house.

COUNCIL MEMBER GLASSHEIM REPORTED PRESENT

APPROVE MINUTES OF MARCH 7, 1994

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, March 7, 1994 were presented and read. It was moved by Council Member Hanson and seconded by Council Member Hagness that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3396, ANNEXING BLOCK 1,
LOT 1, MAIER'S SECOND ADDITION TO THE CITY

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Block 1, Lot 1, Maier's Second Addition", which had been introduced and passed on its first reading on March 7, 1994, and upon which second reading 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 this petition for annexation had been filed with the city council and had been published as required.

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

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

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ADOPT ORDINANCE NO. 3397, AMENDING SECTION
21-0106 RELATING TO LICENSE FEES

An ordinance entitled "An ordinance amending Section 21-0106 of the Grand Forks City Code relating to license fees", which had been introduced and passed on its first reading on March 21, 1994, 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

HOLD PUBLIC HEARING ON CREATION OF A DEVELOPMENT
AREA WITHIN THE CITY AND AGREEMENT BETWEEN THE
CITY AND GFG REAL ESTATE L.L.C. FOR TAX INCREMENT
FINANCING

The city auditor reported that notice calling for a public hearing to be held before the city council this evening had been published as required, for the purpose of conducting a public hearing on the creation of a development or renewal area within the city, the designation of certain industrial and commercial properties therein and the approval of agreements between the City and GFG Real Estate L.L.C., with respect to the assistance to be provided by the City to the development of the commercial or industrial properties generally described as a 20-acre site west of I-29 and south of 32nd Avenue South and more specifically described as Lot 1, Block 1, Columbia Park 23rd Addition, in accordance with the North Dakota Urban Renewal Law, North Dakota Century Code, Chapter 40-58, as amended; and that no written protests had been filed with his office.

Mayor Polovitz called for the public hearing. There were no comments, and Mayor Polovitz closed the public hearing.

It was moved by Council Member Kulas and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest. Carried 13 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Hanson and seconded by Council Member Crawford that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back with recommendation. Carried 13 votes affirmative.

Finance Committee:
1) matter of setting sale of up to $1.5 Million in tax increment bonds for GFG Food Services.
2) matter of setting sale of $486,000 G.O. Bonds for flood control study.

Public Safety Committee:
1) matter of crossing South Washington Street.

REPORTS OF OFFICERS

The city auditor's investment activity summary and portfolio master summary for period ending March 31, 1994 was presented and read. It was moved by Council Member Shores and seconded by Council Member Hagness that this report be and is hereby received and filed. Carried 13 votes affirmative.

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REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from Bruce Melin, building inspector, was presented and read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Thursday, March 24, 1994, that notice had been published as required and that the following appeals for variances were heard: 1) New Vision Fiberglass, Inc., 6105 Highway 2 West, request for variance to the off street parking requirements and to the landscaping requirements to construct a building, with said variance to be allowed and the parking lot be covered with crushed rock in lieu of paving and the curbing be eliminated; 2) Penny Galarneau, 1003 South 48th Street, request for variance to the off street parking requirements and to the landscaping requirements for a parking lot, and allowed the parking to the south of the building to be covered with crushed rock in lieu of paving and the curbing be eliminated, with the variance to be void if the use of the property is reduced from heavy equipment repair; 3) Leroy H. Barsness, 908 29th Avenue South, request for variance to the off street parking required to erect a curb on a slab, and allowed the parking next to the garage to extend one foot from the property line, and that the curb be included to reduce the run-off to the adjacent property (with reduction from 5 ft. to 1 foot); 4) Richard Nelson, 1501 Dyke Avenue, request for variance to side-yard setback requirements to construct two buildings, and allowed a 10 ft. side-yard on the east, which is a reduction from 12.5 ft. and a 10 ft. side-yard on the west, which is a reduction from 15 ft.; 5) Gary G. Keller, 507 Schroeder Drive, request for variance to side-yard setback requirements to erect a garage, and allowed a variance from 7 ft. to 5 ft. on the east side of the garage addition and allowed an accessory building to be 1092 sq.ft.

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

APPROVE BILLS

Vendor Payment Listing No. 94-05, dated April 4, 1994 and totaling $831,142.04, 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 Shores and seconded by Council Member Hanson that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, McCabe, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE APPLICATION FOR ABATEMENT OF 1993
TAXES ON PROPERTY AT 708 28TH AVENUE SOUTH

Committee No. 1, Finance, reported having considered the matter of application for abatement of taxes by Florence Charron, 708 28th Avenue South (Lot 17, Block 6, White Clover Subdivision), and recommended that the application be approved as submitted.

It was moved by Council Member Johnson and seconded by Council Member McCabe that this recommendation be and is hereby approved, and further that the findings, conclusions and recommendations as prepared by the city attorney be adopted. Carried 13 votes affirmative.

APPROVE APPLICATION FOR ABATEMENT OF 1993
TAXES ON PROPERTY AT 407 NORTH 8TH STREET

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Committee No. 1, Finance, reported having considered the matter of application for abatement of 1993 taxes by Henry Wirtz on Lot 8, Block 19, Budge & Eshelman's 2nd Addition, 407 North 8th Street, and recommended that the application be approved as submitted.

It was moved by Council Member Johnson and seconded by Council Member McCabe that this recommendation be and is hereby approved, and further that the findings, conclusions and recommendations as prepared by the city attorney be adopted. Carried 13 votes affirmative.

APPROVE APPLICATIONS FOR ABATEMENT OF 1992 AND
1993 TAXES ON PROPERTY AT 191 PARKVIEW CIRCLE

Committee No. 1, Finance, reported having considered the matter of applications for abatement of 1992 and 1993 taxes by Isabel A. Sten on Lot 74, Block J (Replat of Lot 1, Block 6 and Lot 3, Block 12) BFM Addition, 191 Parkview Circle, and recommended that the applications be approved as submitted.

It was moved by Council Member Johnson and seconded by Council Member McCabe that this recommendation be and is hereby approved, and further that the findings, conclusions and recommendations as prepared by the city attorney be adopted. Carried 13 votes affirmative.

APPROVE APPLICATION FOR ABATEMENT OF 1992
TAXES ON PROPERTY AT 1009 OAK STREET

Committee No. 1, Finance, reported having considered the application for abatement of 1992 taxes by Larry D. and Judith M. Corcoran on Lot 20 and strip south thereof, Block 27, McKelvey's Addition, 1009 Oak Street, and recommended concurrence with the city assessor's reduced valuation of $60,800.00.

It was moved by Council Member Johnson and seconded by Council Member McCabe that this recommendation be and is hereby approved, and further that the findings, conclusions and recommendations as prepared by the city attorney be adopted. Carried 13 votes affirmative.

GRANT PRELIMINARY APPROVAL AND SET PUBLIC HEARING
ON APPLICATION BY RICHARD NELSON FOR FIVE-YEAR
EXEMPTION OF PROPERTY TAXES AT 1501 DYKE AVENUE

Committee No. 1, Finance, reported having considered the application for property tax exemption by Richard Nelson for business at 1501 Dyke Avenue, and recommended giving preliminary approval and setting public hearing for Monday, May 2, 1994 at 7:30 p.m.

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

INTRODUCE ORDINANCE AMENDING ARTICLE 21,
CHAPTER XXI OF THE GRAND FORKS CITY CODE
RELATING TO HOTEL-MOTEL TAX TO ALLOW ADDITIONAL
LEVY OF TXES FOR CAPITAL IMPROVEMENTS AND TO
APPROVE CHANGES IN BY-LAWS

Committee No. 1, Finance, reported having considered the matter of ratification of changes in by-laws of Greater Grand Forks Convention and Visitors Bureau, and recommended introduction of an ordinance amending Section 21-2101, sub-part 2, and Section 21-2107, and introduce ordinance for first reading.
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April 4, 1994

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

Committee No. 1, Finance, reported having considered the matter of financing new building for Convention and Visitors Bureau, and recommended introduction of an ordinance to amend Section 21-2101 of the Grand Forks City Code to allow for additional levy of taxes for capital improvements for a convention and visitors center with an effective date of July 1, 1994.

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

Council Member Beach asked if taxes committed fully to the construction of Visitors Center, what happens if there is strong movement for an events center. It was noted that the ordinance has a sunset clause and when improvements paid, would revert back to the 2%. Mr. Swanson reported that this tax is established by NDCC 40-57.3-02 which is a separate and distinct tax from any other tax that we have, is authorized by State law and is limited by State law that such funds can only be used for the purchase, equipping, improving, constructing, maintenance, repairing and acquisition of a building or property consisting of visitor attraction or promotion; any sales tax which might be used for acquisition, construction, redevelopment of an events center would not fall under this particular tax but under Home Rule Charter. He stated that legally City would have ability to have two separate forms of taxes; this particular tax can only be used as previously stated, and couldn't be used for an events center.

David Kjolhede of the Convention and Visitors Bureau, 202 North 3rd Street, stated that center would be an asset to the community, would be located at junction of Highway 2 and Interstate 29, that it makes sense to be in that vicinity and more convenient to travelers, and tax will have low impact on citizens.

Bob Gustafson, Chamber of Commerce, stated he was happy about the commitment, that this is in the best interest of the city, and urged support of the council.

Schurkey Swanke, 1506 South 15th Street, asked what would be accomplished at this center that can't be accomplished by leaving pamphlets, etc. at convenience stores, etc.

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

Council Member Beyer introduced an ordinance entitled "An ordinance amending Article 21 Chapter XXI of the Grand Forks City Code relating to hotel-motel tax", which was presented, read and passed on its first reading.

APPROVE AUDIT REPORT FOR GREATER GRAND FORKS
CONVENTION AND VISITORS BUREAU

Committee No. 1, Finance, reported having considered the matter of the audit report for the Greater Grand Forks Convention and Visitors Bureau, and recommended approval of the report by Brady Martz and payment of the bill.

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


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REJECT BIDS FOR CITY-OWNED PROPERTY AT 318
NORTH 4TH STREET

Committee No. 1, Finance, reported having considered the matter of bids for City-owned property at 318 North 4th Street, and recommended that we reject all bids.

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

INTRODUCE ORDINANCE AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (CITY ATTORNEY)

Committee No. 1, Finance, reported having considered the request for budget amendment to transfer $3,500 from Cash Carry-over to the City Attorney's budget for office equipment, and recommended approval. It was moved by Council Member Johnson and seconded by Council Member McCabe that this amendment be approved. Carried 13 votes affirmative.

Council Member Beyer introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (attorney), which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (CITY ASSESSOR)

A request for transfer in the amount of $1,000.00 from pooled carry-over to postage in the assessing department budget was presented to the council. It was moved by Council Member Geller and seconded by Council Member Crawford that this request be approved. Carried 13 votes affirmative.

Council Member McCabe introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (assessing department), which was presented, read and passed on its first reading.

AUTHORIZE REMOVAL OF PARKING ON WEST SIDE OF
1600 BLOCK OF RIDER ROAD BETWEEN 8:00 A.M.
AND 4:00 P.M.

Committee No. 2, Public Safety, reported having considered the petition requesting removal of parking on the west side of 1600 block of Rider Road between the hours of 8:00 a.m. and 4:00 p.m. (on school days), and recommended approval of the request.

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

ACCEPT BID FOR CHEMICALS FOR MOSQUITO CONTROL

Committee No. 2, Public Safety, reported having considered the matter of bids for mosquito control larviciding chemicals, and recommended that we accept the bid of Cornbelt Chemicals as follows: 5,000 lbs. Abate 1% SG, $6,500; 2,000 lbs. Bactimos granules, $2,940; 25 kg. Bactimos wettable powder, $350; 10 cases Bactimos briquets, $570; 2,000 lbs. Bactimos pellets, $4,760, if needed; and 500 lbs. Abate 5% pellets, $2,202.20, if needed.

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

ACCEPT BID FOR GRASS MOWING

Committee No. 2, Public Safety, reported having considered the matter of bids for mowing grass, and recommended that we accept the bid of M & M Enterprises, 1617 8th Avenue North, based on a unit price bid of $0.00130/sq.ft.

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

INTRODUCE ORDINANCE RELATING TO HAZARDOUS
MATERIALS INCIDENT RESPONSE TEAM

Committee No. 2, Public Safety, reported having considered the matter of ordinance change for hazardous materials response out of city limits, and recommended that we approve proposed ordinance, and introduce for first reading.

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

Council Member McCabe introduced an ordinance entitled "An ordinance amending Sections 12-0503 and 12-0504 of the Grand Forks City Code relating to the hazardous materials incident response team", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCES AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR THE CALENDAR
YEAR 1994 (POLICE AND POLICE BUILDING)

Committee No. 2, Public Safety, reported having considered the request for budget amendment in the amount of $4,800 for tower rental, and recommended approval of the amendment. It was moved by Council Member Geller and seconded by Council Member Crawford that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member McCabe introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (police department), which was presented, read and passed on its first reading.

Committee No. 2, Public Safety, reported having considered the request for budget amendment in the amount of $1,369.00 for cameras to complete building security project for police building, and recommended approval of the amendment. It was moved by Council Member Geller and seconded by Council Member Crawford that this recommendation be and is hereby approved. Carried
13 votes affirmative.

Council Member McCabe introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (police building), which was presented, read and passed on its first reading.

APPROVE REQUEST FOR LOADING/UNLOADING ZONE
ADJACENT TO CENTRAL HIGH SCHOOL GYM
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Committee No. 2, Public Safety, reported having considered the matter of loading/unloading zone on North 5th Street adjacent to central High School gym, and recommended that we approve request, and authorize two parking spaces adjacent to the old Central gym as "passenger loading/unloading only".

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

APPROVE REQUEST TO DO CONTROLLED BURN AT
COLUMBIA ROAD OVERPASS

Committee No. 2, Public Safety, reported having considered the request by Master Gardeners and Park District for permit for controlled burn at Columbia Road overpass (wildflower area), and recommended that we approve request, subject to signing of an indemnity and hold harmless agreement.

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

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR PRIVATE INSTALLATION OF UTILITIES IN KUSTER
3RD RESUBDIVISION

Committee No. 3, Public Service, reported having considered the request by developer for private installation of utilities in Kuster 3rd Resubdivision, Replat of Lot 7, Block 1, and recommended that we authorize entering into a three-way agreement with the engineer and developer to allow private installation of utilities in City's right of way, subject to City inspection, and contingent upon final approval of the plat.

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

AUTHORIZE ENTERING INTO CONTRACTS WITH
OUTSIDE COMMUNITIES FOR SOLID WASTE DISPOSAL
AT CITY'S LANDFILL

Committee No. 3, Public Service, reported having considered the matter of solid waste disposal contracts with outside communities, and recommended that we authorize staff to enter into contracts with those cities hauling to the City's sanitary landfill facility.

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

REJECT ALL BIDS FOR EQUIPMENT AT WATER
TREATMENT LAB.

Committee No. 3, Public Service, reported having considered the bids for gas chromatograph for lab at water plant, and recommended that we reject all bids and rebid the equipment.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 13 votes affirmative.
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AWARD CONTRACT FOR WATERMAIN REPLACEMENT
PROJECT NO. 4165

Committee No. 3, Public Service, reported having considered the bids for Project No. 4165, watermain replacement on South 17th Street area, and recommended that we accept the low bid of Soberaski, Inc. in the amount of $252,803.90.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

AWARD CONTRACT FOR STREET LIGHTING PROJECT
NO. 4094, BURDICK'S RESUBDIVISION

Committee No. 3, Public Service, reported having considered the bids for Project No. 4094, street lighting in Burdick's Resubdivision, and recommended that we accept the low bid of Rygg Electric in the amount of $15,860.00.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN DISTRICT NO. 230, PROJECT NO. 4170

Committee No. 3, Public Service, reported having considered the matter of special assessment district for Project 4170, District 230, watermain to serve Columbia Park 22nd Addition, and recommended that we pass a resolution creating the special 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 our intent to sell bonds.

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

Council Member Glassheim introduced the following resolution creating the assessment district which was presented and read: Document No. 6217 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this resolution be and is hereby adopted. Upon roll call the following
voted "aye": Council Members Beach, McCabe, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN
DISTRICT NO. 230, PROJECT NO. 4170

The city auditor presented and read the engineer's report on Watermain District No. 230, Project No. 4170: Document No. 6218 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN DISTRICT NO. 230,
PROJECT NO. 4170

Council Member Glassheim introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6219 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this report be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER DISTRICT NO. 348, PROJECT NO. 4169

Committee No. 3, Public Service, reported having considered the matter of special assessment district for Project No. 4169, District 348, sanitary sewer to serve Columbia Park 22nd Addition, and recommended that we pass a resolution creating the special 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 our intent to sell bonds.

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

Council Member Glassheim introduced the following resolution creating the assessment district, which was presented and read: Document No. 6220 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT NO.
348, PROJECT NO. 4169

The city auditor presented and read the engineer's report on Sewer District No. 348, Project No. 4169: Document No. 6221 - Resolution.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER DISTRICT NO. 348, PROJECT
NO. 4169

Council Member Glassheim introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6222 - Resolution.

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


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ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4170, WATERMAIN DISTRICT NO. 230

The city engineer's estimate of total cost of the construction of watermain to serve Columbia Park 22nd Addition, in the amount of $263,917.50, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4170, District No. 230, watermain to serve Columbia Park 22nd 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, and set the date for opening bids as April 25, 1994.

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

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 6223 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER DISTRICT NO. 348, PROJECT NO. 4169

The city engineer's estimate of total cost of the construction of sanitary sewer to serve Columbia Park 22nd Addition, in the amount of $128,700.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4169, District 348, sanitary sewer to serve Columbia Park 22nd 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 and set the date for opening bids as April 25, 1994.

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

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 6224 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER DISTRICT NO. 347, PROJECT NO. 4206

The city engineer's estimate of total cost of the construction of sanitary sewer on South 21st Street and 26th Avenue South, in the amount of $16,931.25, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of
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plans and specifications for Project No. 4206, District No. 347, sanitary
sewer to serve South 21st Street and 26th 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 and set the date for opening bids as April 25, 1994.

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

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 6225 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN DISTRICT NO. 231, PROJECT NO. 4207

The city engineer's estimate of total cost of the construction of watermain on South 21st Street and 26th Avenue South, in the amount of $44,546.25, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4207, District No. 231, watermain to South 21st Street and 26th 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 and set the date for opening bids as April 25, 1994.

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

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 6226 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS FOR UTILITIES
IN JOHNSON'S THIRD ADDITION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4191, sanitary sewer in Johnson's Third Addition, Project No. 4193, storm sewer in Johnson's Third Addition, and Project No. 4192, watermain in Johnson's Third Addition, and recommended approval of plans and specifications.

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

AUTHORIZE ENTERING INTO NEGOTIATIONS WITH
CONSULTANTS FOR 1994 PROJECTS

Committee No. 3, Public Service, reported having considered the matter of 1994 projects for consultants, and recommended that we direct that the City enter into negotiations with most qualified consultants as follows: Webster, Foster & Weston for 1994 Forcemain Rehab. Project, est. cost of project, $200,000;
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Webster, Foster & Weston for Rehab. of Lift Stations #22, #23 and #7, $125,000; Advanced Engineering & Environmental Services, Inc. for Water
Treatment Standby Power, $500,000; and CPS, Ltd. for English Coulee Diversion Bridge, $120,000.

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

ACCEPT BIDS FOR VEHICLES FOR VARIOUS DEPARTMENTS

Committee No. 3, Public Service, reported having considered the bids for vehicles for various departments; and recommended that we accept the bid of Hansen Ford for a 3/4T pickup in the amount of $12,894.00 less trade-in for a net bid of $12,694.00; and the bid of Rydell Chevrolet for 4 1/2T pickups in the amount of $10,255.00 less trade-in for a net bid of $10,055 each, one 3/4T cargo van in the amount of $12,977.00, less trade-in for a net bid of $11,777.00, and one mid-size automobile in the amount of $12,992.00, less trade, for a net bid of $11,692.00; with a total net cost for all 7 vehicles of $75,483.00.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon call for the question and upon roll call vote, the following voted "aye": Council Member Beach, McCabe, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 4010,
DISTRICT NO. 220, AND DELAY CONSTRUCTION

The city engineer's estimate of total cost of the construction of watermain on South Washington Street from 28th Avenue South to 32nd Avenue South, in the amount of $81,341.66, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of Watermain Project No. 4010, District 220, on South Washington Street from 28th Avenue South to 32nd Avenue South, and recommended that we proceed with the plan, with construction late this year and with assessments deferred until 1996 on a 20-year assessment; and 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 Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved.

Greg Norman, owner of Greg Norman Funeral Chapel, 2950 South Washington Street, objected to the timing of the project, asked for delay of another year in the project, because of impact on his business, which is a new business.

There was considerable discussion relative to construction of the line, necessity of the line for fire protection to the southend of the city, cost of the line, and effect of delay in construction of the project.

After discussion it was moved by Council Member Shores and seconded by Council Member Kulas to amend the motion to delay construction for one year from committee's recommendation, to the late fall of 1995 and with project to be assessed in 1997.
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Council McCabe called for the question.

Upon call for the question on the amendment, and upon roll call vote, the following voted "aye": Council Members Carpenter, Lien, Beyer, Shores, Geller, Johnson, McCabe, Kulas, Hanson, Crawford - 10; voting "nay": Council Members Hagness, Beach, Glassheim - 3. Mayor Polovitz declared the motion carried.

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

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 6227 - Resolution.

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

REFER MATTER OF SETTING PUBLIC HEARING ON
PROJECT NO. 4044, 6TH AVENUE NORTH RECONSTRUCTION,
BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of setting public hearing for Project 4044, 6th Avenue North reconstruction, and recommended that the public hearing be set for Monday, April 25, 1994 at 6:30 p.m. before the public service committee.

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

Council Members Hagness and Glassheim asked that the matter go back to committee; Mayor Polovitz referred the matter back to committee.

AUTHORIZE RENTAL REHAB DEMOLITION PROGRAM
GRANT TO PURCHASE PROPERTY AT 515 8TH AVENUE S.

Committee No. 4, Urban Development, reported having considered the matter of acquisition of property at 515 8th Avenue South, and recommended approval and to authorize grant from Rental Rehab. Demolition Program for $32,400 to acquire this property.

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

AUTHORIZE ADDITIONAL RENTAL REHAB. FUNDS TO
ABATE LEAD-BASE PAINT PROBLEM AT 609 SOUTH
9TH STREET

Committee No. 4, Urban Development, reported having considered the matter of rental rehab. project at 609 South 9th Street, and recommended that we authorize an additional $5,000 in rental rehab funds to abate problem of lead-
base paint for this one time only.

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


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RECEIVE REPORT FROM COUNCIL CHAMBERS REVIEW
COMMITTEE, AND AUTHORIZE CALL FOR BIDS

Council Member Glassheim reported that the Review Committee, consisting of Council Members Beyer, Hagness and himself, and with input by Council Members Johnson and Beach, had met number of times to see what improvements could be made, and submitted listing of recommendations as follows: 1) modify council desks and counter; 2) hearing impaired (install cordless headset system); 3) podium modifications; 4) relocation of media; 5) camera (installation of new high resolution camera to improve images on screen); 6) new stairway to council chambers from the second floor addition to third floor of existing building; 7) voting and request to speak system; 8) water fountain and Coke machines near council chambers have been taken care of; with estimated cost of items 1) through 5) of $15,000.

Council Member Glassheim moved to call for quotes on items 1) through 5); Council Member Hagness seconded the motion and stated they would like to meet with EAPC on several items.

After some discussion it was moved by Council Member Johnson that the committee meet with the architect, that we call for bids on the items, that when bids come back the committee would review and make recommendation to council. Council Member Hanson seconded the motion. Carried 10 votes affirmative; Council Members McCabe, Lien, Geller voted against the motion.

There was some discussion that council desks and counter area not handicapped accessible, costs, etc.

Upon call for the question on the motion as amended, and upon roll call vote, the following voted "aye": Council Members Beach, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Johnson, Hagness - 9; voting "nay": Council Members McCabe, Kulas, Lien, Geller - 4. Mayor Polovitz declared the motion carried.

APPROVE APPOINTMENT TO DIAL-A-RIDE
COMMITTEE

Mayor Polovitz announced the appointment of Bobby Vogel to the Dial-a-Ride Committee for a two-year term expiring July 1, 1996, and asked for concurrence in this appointment.

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

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 255, dated March 31, 1994, and totaling $464,514.25, was presented and read.

It was moved by Council Member Kulas and seconded by Council Member Hanson 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. Upon roll call the following voted "aye": Council Members Beach, McCabe, Kulas, Hanson,
Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

REFER VARIOUS ITEMS TO COMMITTEE

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

1) Council Member Shores reported that he had received call from property
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April 4, 1994

owners behind Warehouse Market re. cutting curb, berm for trucks, blocking street, etc. Mr. Vein reported that the site plan available and could look at that.
2) Council Member Hagness brought to the attention of the council the letter from Hal Gershman commending four city employees: Bob Kveit, Ken Stevenson, Ken Vein and Al Grasser for their immediate attention in relieving potential flooding of a business on 32nd Avenue South on a Saturday evening, and exceeded citizen's expectations.
3) Council Member Kulas presented matter of clarification re. Martin Luther King holiday when they took away Good Friday holiday, that it was his recollection that City employees could take time off to attend Good Friday services at department head's discretion; that employees were told they have to take vacation. The matter was referred to the city attorney for clarification.

APPROVE REQUEST FOR HANDICAPPED PARKING SPACE
AT 512 NORTH 7TH STREET

Committee No. 2, Public Safety, reported having considered the request from Herman Williamson, 512 North 7th Street, for handicapped parking space at that location, and recommended that the request be approved.

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

ADJOURN

It was moved by Council Member Shores and seconded by Council Member Hanson that we do now adjourn until Monday, April 18, 1994 at 7:30 o'clock p.m. Carried 13 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Michael Polovitz, Mayor