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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, November 7, 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, November 7, 1994 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, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; absent: Council Member Johnson - 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.

TABLE MATTER OF FINAL PLAT AND SECOND READING
OF ORDINANCE AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF CONCRETE, INC. 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 Concrete, Inc. Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 19, 1994 and upon which public hearing and second reading of the ordinance had been continued on October 17 until this evening, was presented and read for consideration.

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

The City Planning and Zoning Commission reported having considered the matter of the request from Webster, Foster and Weston on behalf of Mndak Concrete, Inc. for final approval of the plat of Concrete, Inc. Addition, being part of the Northwest Quarter of Section 7, Township 151 North, Range 50 West, Grand Forks County, North Dakota (located south of DeMers Avenue between South 48th Street and South 55th Street extended), and recommended tabling the request.

It was moved by Council Member Hagness and seconded by Council Member McCabe that this recommendation be and is hereby approved and the plat and ordinance be tabled. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3468, AMENDING ZONING MAP
TO REZONE AND INCLUDE WITHIN THE I-2 (HEAVY
INDUSTRIAL) DISTRICT KORYNTA-LEMM SUBDIVISION,
BLOCK A, LOT A

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) district, Korynta-Lemm Subdivision, Block A, Lot A, Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 17, 1994, 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.
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The City Planning and Zoning Commission reported having considered the matter of the request from Rodney Greene on behalf of Violet M. Theis for final approval of an ordinance to amend the Zoning Map to rezone and to exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District, Replat of Korynta-Lemm Subdivision, Block A, Lot A, Grand Forks, North Dakota (located in the southeast corner of the intersection of 17th Avenue North and North 52nd Street), and recommended approval and final passage of the ordinance amending the Zoning Map.

It was moved by Council Member Hagness and seconded by Council Member Glassheim 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, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3469, AMENDING ZONING
MAP TO INCLUDE WITHIN A-D (AIRPORT) DISTRICT
CERTAIN PROPERTY LOCATED NORTH/NORTHEAST AND
SOUTH/SOUTHEAST OF AIRPORT PROPER

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the A-D (Airport) District", which had been introduced and passed on its first reading on October 17, 1994, 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.

Council Member Beyer noted that the Planning and Zoning Commission minutes noted that adjacent property owners not notified and Council Member Hagness reported he had noted same and instructed planning office to notify those property owners of this meeting. Robert Bushfield, city planner, noted they were notified.

Mayor Polovitz closed the public hearing.

The City Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks Airport Authority for final approval of an ordinance to amend the Zoning Map and to exclude from the A-2 (Agricultural Reserve) District and to include within the A-D (Airport) District all that portion of Grand Forks County, North Dakota, Rye Township, Township 152 North, Range 51 West, and portions of Sections 21, 27, 28, 33 and 34 (located north/northeast and south/southeast of the airport proper), and recommended approval and final passage of the ordinance amending the zoning map.

It was moved by Council Member Hagness and seconded by Council Member Hanson 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,
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Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3470, AMENDING ZONING
ORDINANCE RE. OFF-STREET PARKING AND LOADING
TO BRING PARKING STALL DESIGN REQUIREMENTS
INTO ADA COMPLIANCE

An ordinance entitled "An ordinance relating to Chapter XVIII, Land Development Code of 1987, as amended, by amending and re-enacting Section 18-0302, Off-street Parking and Loading pertaining to Subsection (4) Accessible Parking Requirements, Subsection (6) Computing Requirements; and repealing Subsection (12)(B) Construction and Maintenance", which had been introduced and passed on its first reading on October 17, 1994, 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 City Planning and Zoning Commission reported having considered the matter of the request from the Planning Department for final approval of an ordinance to amend the text of the Land Development Code, Section 18-0302 Off-street Parking and Loading, to bring the accessible parking stall design requirements into compliance with the Americans with Disabilities Act (ADA), and recommended approval and final passage of the ordinance amending the off-street parking and loading section of the Land Development Code.

It was moved by Council Member Hagness 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, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3471, TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF KORYNTA'S SECOND SUBDIVISION

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 Korynta's Second Subdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on October 17, 1994 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 13781
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had comments to make on this matter. There were none.

The City Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering on behalf of Randy Korynta for final approval of a plat of Korynta's Second Subdivision, Grand Forks, ND, being a portion of Falconer Township, Township 152 North, Range 50 West, Section 31, East Half of the Northwest Quarter (located west of North 48th Street between the Burlington Northern Railroad Right of Way and 27th Avenue North), and recommended final approval subject to special conditions shown on or attached to the review copy and approval and final passage of the ordinance amending the Street and Highway Plan.

It was moved by Council Member Hagness and seconded by Council Member Beyer 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, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

CONTINUE PUBLIC HEARING AND POSTPONE FINAL
ACTION ON ORDINANCE AMENDING TEXT OF THE LAND
DEVELOPMENT CODE, SECTION 18-0301, SIGNS PERMITTED
IN U-D (UNIVERSITY) DISTRICT

An ordinance entitled "An ordinance amending the Land Development Code Chapter XVIII; Article 3, Rules and Regulations; Section 18-0301, Signs, and Article 2, Zoning; Section 18-0204, Rules and Definitions, of the Grand Forks City Code of 1987, as amended, pertaining to the signs permitted in the U-D (University) District", which had been introduced and passed on its first reading on October 17, 1994 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that 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.

It was noted that there was some concern whether off-premise advertising should be permitted on reader boards, size of signs, etc. and that the Planning and Zoning Commission wanted more input from the University and they will be coming back to Planning and Zoning at their next meeting.

The City Planning and Zoning Commission reported having considered the matter of the request from Al Hoffarth on behalf of the University of North Dakota for final approval of an ordinance to amend the text of the Land Development Code, Section 18-0301, Signs Permitted in the U-D (University) District, and recommended to postpone action until December 19, 1994.

It was moved by Council Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved, and that the public hearing be continued and second reading of the ordinance be postponed to December 19, 1994. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3472, PROVIDING FOR THE
CREATION OF THE RIVER FORKS COMMISSION

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An ordinance entitled "An ordinance adopting Article 3 of Chapter XIV of the Grand Forks City Code creating the River Forks Commission", which had been introduced and passed on its first reading on October 17, 1994, 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.

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, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3473, CHARTER ORDINANCE
ALLOWING ISSUANCE OF RESERVE REVENUE BONDS
FOR FTZ (FOREIGN TRADE ZONE) BUILDING EXPANSION

An ordinance entitled "An ordinance relating to the issuance of revenue bonds to finance additions and improvements to municipally-owned buildings in the City's foreign trade zone; providing a reserve therefor; and providing for a levy to restore deficiencies in said reserve", which had been introduced and passed on its first reading on October 17, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3474, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (GENERAL FUND AND PARKING LOTS)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (General Fund and Parking Lots), which had been introduced and passed on its first reading on October 17, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3475, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (HEALTH DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Department Community Immunization), which had been introduced and passed on its first reading on October 17, 1994, was presented and read for consideration on second reading and final passage.

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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, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3476, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (FIRE DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Fire Department), which had been introduced and passed on its first reading on October 17, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 411 9TH AVENUE NORTH

The city auditor reported that the notice of public hearing on the application by Steven M. Kalenze to move building from 2315 2nd Avenue North to 411 9th Avenue North to be used as single-family dwelling, had been published and posted 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.

Committee No. 3, Public Service, reported having considered the application by Steven M. Kalenze to move building from 2315 2nd Avenue North to 411 9th Avenue North to be used as single-family dwelling, and recommended to approve the application, subject to the public hearing.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and further that Mr. Kalenze be and is hereby authorized to move the building. Carried 13 votes affirmative.

CONTINUE PUBLIC HEARING ON REQUEST BY
METROPLAINS DEVELOPMENT FOR ESTABLISHMENT
OF TAX EXEMPTION DISTRICT FOR 15-YEAR PERIOD
TO DECEMBER 5, 1994

The city auditor reported that the city council had set November 7, 1994 as the date for a public hearing to be held on the matter of the request by MetroPlains Development for establishment of a tax exemption district for a 15-year period to assist in development of St. Anne's property; however, the developer, MetroPlains Development, had not published the notice as required.

Mr. Swanson, city attorney, advised council that MetroPlains had been notified after the last action and they were in contact with the city auditor's office.

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

It was moved by Council Members Beyer and Beach to continue the public hearing to December 5, 1994. Carried 13 votes affirmative.
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HOLD PUBLIC HEARING TO CONSIDER ISSUANCE OF
$1,925,000 SEWER RESERVE REVENUE BONDS

The city auditor reported that notice had been given to the public that the city council would consider the issuance of $1,925,000 sewer reserve revenue bonds, series 1994D, for the purpose of financing improvements to the public works facility and consider the adoption of a resolution authorizing the issuance of such bonds, including provision for the establishment of a reserve in an amount equal to the maximum amount of bond principal and interest to become due thereon on any full calendar year, which reserve is to be established and maintained from bond proceeds or revenues on hand and available therefor, and that if at any time a deficiency exists in the reserve, the council may thereafter levy a tax upon all taxable property in the city for payment of such deficiency; that the protest period expired on November 4, 1994 and that no protests 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 and Mayor Polovitz closed the public hearing.

HOLD PUBLIC HEARING ON RESOLUTION AUTHORIZING
ISSUANCE OF GENERAL OBLIGATION TAX INCREMENT
BONDS FOR ROADRUNNER INVESTMENTS

The city auditor reported that the initial resolution authorizing issuance and calling for the public sale of General Obligation Tax Increment Bonds, Series 1994C, had been published as required and stating that unless protests signed by the owners of taxable property having an assessed valuation equal to five percent or more of the assessed valuation of taxable property in the city are filed with the city auditor within sixty days after such publication (60-day protest period expires December 7, 1994), the City will be authorized to issue the bonds without an election, pursuant to Section 21-03-07(4), North Dakota Century Code.

Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments and Mayor Polovitz closed the public hearing.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Babinchak and seconded by Council Member Beyer that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back with recommendation.

Finance Committee:
1) matter of upgrade of AS400 computer.
2) matter of additional tax increment financing for Grand Forks Grocery.
3) request from Central Business District Authority to issue bonds for construction of parking ramp.
4) transfer of excess parking ramp funds to trust fund in general fund.

Public Safety Committee:
1) matter of crime bill.

Public Service Committee:
1) petition by Forx Rent All for abandonment of alley adjacent to 3900 South Washington Street.

REPORTS OF OFFICERS

The portfolio master summary, investment activity summary and accrued interest 13785
November 7, 1994

details as of October 31, 1994 were presented and read. It was moved by Council Members Babinchak and Beyer that this report be and is hereby received and filed. Carried 13 votes affirmative.

REPORTS OF BOARD OF ZONING ADJUSTMENTS

Communications from Bruce Melin, building inspector, were presented and read stating that the Board of Zoning Adjustments had held public hearings in City Hall on Thursday, October 6, 1994, and on Thursday, October 27, 1994, that notice had been published as required and that the following appeals were heard on October 6, 1994: 1) request by Jay and Danette Smith, 1417 7th Avenue North, for variance to front-yard setback requirements to erect an addition to the dwelling, and that a motion to allow a side addition to the house matching the 18 ft. existing front yard setback, which is a variance of 7 ft., was approved; 2) request by Jerome Bakke, 1239 Dyke Avenue, for variance to the front and side yard setback requirements and to the landscaping requirements to erect a storage building, and that a motion not to allow the variance on the west side and to allow a variance from 20 ft. to 1 ft. on the south side, a variance of 19 ft., was approved; 3) request by TSM Company 2010 and 2104 State Mill Road, for variance to the side and front yard requirements and to the landscaping requirements to erect a storage building, was held until the next meeting for lack of representation from the company; 4) request by Valdak Corporation, 324 North Washington Street for variance to the side yard, front yard, second front yard and landscaping and paving requirements to erect a building, was held until next meeting for lack of representation from the company; and the following appeals were heard on October 27, 1994: 1) request by TSM Company, 2110 and 2104 State Mill Road, for variance to the front and side yard setback requirements and to the landscaping requirements to erect a storage building, and that a motion to allow a sideyard of 2 ft., a 13 ft. variance from side yard requirements and a variance from side yard "A" landscaping requirements, and a front yard of 2 ft., a 23 ft. variance on front yard requirements and the front yard "D" landscaping requirements was approved; 2) request by Steve Kalenze, 411 9th Avenue North, for variance to the front, side and rear yard setback requirements to move in a dwelling, and a motion to allow a 10 ft. front yard, a variance of 15 ft. from the required 25 ft. setback, a 5 ft. side yard, a variance of 1 ft. from the required 6 ft., and a 10 ft. rear yard, a variance of 30 ft. from the required 40 ft. rear yard setback was approved; 3) request by Valdak Corporation, 324 North Washington Street, for variance to the side yard, front yard, second front yard and landscaping, and paving requirements to erect a building, was held until next meeting for lack of representation from the company.

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

APPROVE BILLS

Vendor Payment Listing No. 94-19, dated November 7, 1994 and totaling $756,146.24, 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 Hagness and seconded by Council 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

ADOPT RESOLUTION AWARDING SALE OF SPECIAL
IMPROVEMENT WARRANTS AND EXCHANGE THEREOF FOR
REFUNDING IMPROVEMENT BONDS, SERIES 1994B
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Committee No. 1, Finance, reported having considered the matter of awarding sale of bonds for $2,375,000 Refunding Improvement Bonds, Series 1994B, and recommended awarding bid to Dain Bosworth, Inc. at 6.3499% and adopt resolution establishing terms and directing issuance of definitive improvement warrants and providing for and appropriating special assessments for the support and maintenance of said funds, and also adopt resolution awarding sale of special improvement warrants and exchange thereof for refunding improvement bonds, Series 1994B.

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

The city auditor presented an affidavit showing publication in the official newspaper of the city of a Notice of Bond Sale of $2,375,000 Refunding Improvement Bonds, Series 1994B (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted October 3, 1994. The affidavits were examined and approved and ordered placed on file.

The city auditor reported that four sealed bids for the purchase of the Bonds had been received at his office from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase, price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 6364 - Tabulation of bids.

Council Member Babinchak introduced the following resolution and moved its adoption: Document No. 6365 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member McCabe, and, upon vote being taken thereon, the following voted in favor thereof: Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

ADOPT RESOLUTION ESTABLISHING TERMS AND
DIRECTING ISSUANCE OF DEFINITIVE IMPROVEMENT
WARRANTS ON THE FUNDS OF VARIOUS IMPROVEMENT
DISTRICTS, AND PROVIDING FOR AND APPROPRIATING
SPECIAL ASSESSMENTS FOR THE SUPPORT AND MAINTENANCE
OF SAID FUNDS

Council Member Babinchak introduced the following resolution and moved its adoption: Document No. 6366 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member McCabe and upon vote being taken thereon the following voted in favor: Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the mayor and his signature attested by the city auditor.

ADOPT RESOLUTION DIRECTING THE ISSUANCE OF
$2,375,000 REFUNDING IMPROVEMENT BONDS, SERIES 1994B
AND PRESCRIBING THE TERMS AND COVENANTS THEREOF

Council Member Babinchak introduced the following resolution and moved its adoption: Document No. 6367 - Resolution.
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The motion for the adoption of the foregoing resolution was duly seconded by Council Member McCabe and upon vote being taken thereon the following voted in favor: Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the mayor and his signature attested by the city auditor.

ADOPT RESOLUTION AUTHORIZING, SELLING AND
ESTABLISHING THE TERMS OF $265,000 G.O. TAX
INCREMENT BONDS, SERIES 1994C

Committee No. 1, Finance, reported having considered the matter of awarding sale of bonds for $265,000 G.O. Tax Increment Bonds, Series 1994C, and recommended awarding bid to FBS Investment Services, Inc. at 6.5852% and adopt resolution authorizing selling and establishing the terms of $265,000 G.O. Tax Increment Bonds, Series 1994C, creating a sinking fund therefor and levying taxes for their payment.

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

It was moved by Council Member Beyer and seconded by Council Member Babinchak that the motion be amended to include a finding of insufficiency of protest. Carried 13 votes affirmative.

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

The city auditor presented an affidavit showing publication in the officials newspaper of the city of a Notice of Bond sale of $265,000 General Obligation Tax Increment Bonds, Series 1994C (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted October 3, 1994. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that one sealed bid for the purchase of the Bonds had been received from the following institution at or before the time stated in the Notice of Bond Sale, and the bid was then opened and publicly read and considered, and was found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows:
Document No. 6368 - Tabulation of Bids.

Council Member Babinchak introduced the following resolution and moved its adoption, which motion was seconded by Council Member McCabe: Document No. 6369 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

ADOPT RESOLUTION AUTHORIZING ISSUANCE AND
AWARDING SALE OF $1,925,000 SEWER RESERVE REVENUE
BONDS, SERIES 1994D, TO FINANCE THE UNDERTAKING
OF AN EXPANSION AND IMPROVEMENT OF THE MUNICIPAL
SEWERAGE UTILITY

Committee No. 1, Finance, reported having considered the matter of awarding sale of bonds for $1,925,000 Sewer Reserve Revenue Bonds, Series 1994D, and recommended awarding bid to Dain Bosworth, Inc. at 6.4575% and adopt
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resolution authorizing issuance and awarding the same of $1,925,000 Sewer Reserve Revenue Bonds, Series 1994D, to finance the undertaking of an expansion and improvement of the municipal sewerage utility.

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

It was moved by Council Member Beyer and seconded by Council Member Babinchak to amend the motion to include a finding of insufficiency of protest. Carried 13 votes affirmative.

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

The city auditor presented an affidavit showing publication in the official newspaper of the city of the Notice of Bond Sale of $1,925,000 Sewer Reserve Revenue Bonds, Series 1994D (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted October 3, 1994. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that three sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 6370 - Tabulation of Bids.

Council Member Babinchak introduced the following resolution and moved its adoption, which motion was seconded by Council Member McCabe: Document No. 6371 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

MATTER OF FINANCING FTZ BUILDING REMODELING

Committee No. 1, Finance, reported having considered the matter of financing FTZ (Foreign Trade Zone) building remodeling/expansion, and recommended the City negotiate issuance of approximately $800,000 of reserve revenue bonds, and release contracts as awarded.

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

AUTHORIZE NEGOTIATION OF ISSUANCE OF APPROX.
$1,500,000 RESERVE REVENUE BONDS FOR FINANCING
CONVENTION & VISITORS BUREAU BUILDING CONSTRUCTION
SUBJECT TO CONDITIONS

Committee No. 1, Finance, reported having considered the matter of financing Convention & Visitors Bureau building construction, and recommended negotiating the issuance of approximately $1,500,000 of reserve revenue bonds, subject to Convention & Visitors Bureau pledging proceeds from total 3% hotel-motel tax for payment of debt.

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November 7, 1994

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

Council Member Carpenter explained that what has occurred is that cost of project greatly increased from initial approvals and we need to increase the size of the issue and go out and try to market it; that because of the increased size we no longer have revenue source from the additional 1% to provide coverage necessary to go out and market; and that there has to be pledging of the 2% tax already there. He stated that it's not anticipated that those funds will have to be utilized for the payments but it is necessary for the sale of the bonds. He stated that reason is that motel receipts have been declining somewhat over the last couple years and this is to provide coverage to allow marketing of the bonds. It was noted that they are not pledging City dollars, but operating funds of the CVB.

Wallace Dornfeld, Springsted, Inc., City's bond consultant, stated that Moody's Investors Service had nice things to say about City and they have maintained the Double A rating on the Refunding Improvement Bonds and also on the General Obligation Bonds; they cite a strong regional economy, well-managed finances with strong tax receipts, although they do point out that there's a large debt program but it's well managed and places little burden on the tax base. He stated they commented on sewer and water funds being well managed and that particular issue is a little different than general obligation bonds but was rated A-1 by Moody's and that a retention of both classifications - Double A and A-1. He stated that interest rates have gone up considerably over the past month, that there are not a lot of buyers out there, there is some hesitancy for these buyers to purchase bonds at the present level possibly because of Feds' policy to maintain low inflation rate and their policy is to raise interest rates; do feel there is going to be an increase in interest rates; and that while disappointed in interest rates received, feels City should proceed with these issues.

Mr. Dornfeld also commented on Convention & Visitors Bureau financing and they are recommending to the City and to City's administration that with the pledge of the entire amount of the hotel-motel tax, don't anticipate that being used at any one time and have recommended that such a pledge or receipts of those tax monies should be withheld up to 1/12th of the principal and interest that's due on the bonds in any one year, with balance to be remitted to Convention & Visitors Bureau; that security of those bonds is important and will be back with final recommendations as soon as they can pull them all together. He also stated that they are recommending that a reserve fund be established through the issuance of the bonds, and those dollars that are earned on that reserve fund will also go to that fund to pay principal and interest and should provide for some stability in the revenue stream.

Mr. Swanson stated there is some concern, that this issue is not without risk, and that as the ordinance is established now there are in effect two funds, a capital fund and an operating fund, and the monies between the two funds are not to be co-mingled nor are they to be used for either purpose, but sole expenditure funds; however, it is not particularly clear whether operating funds can be utilized for debt retirement or capital improvement expenses. He further stated that under State law there are two different taxes here and two different uses of those tax dollars; that it is unclear as to what uses operations fund can be put to, and if challenge to those funds, court would have to decide whether appropriate and what risk there is, and with respect to this revenue bond issue, the City would not have responsibility on indebtedness for the bond payments, but may be reflected in other fashions, including bond ratings.

Mayor Polovitz stated it may be wise to work with CVB in going to legislature to allow 1% or 2% to be raised, and perhaps make some changes so can transfer
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from one fund to the other.

Ben Hart, CVB Director, stated they feel comfortable figures will fall within realm of 1%.

After further discussion and upon call for the question on the motion and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

DECLARE CITY PROPERTY AT SOUTH WASHINGTON
STREET AND 40TH AVENUE SOUTH AS SURPLUS, AND
AUTHORIZE ADVERTISING FOR BIDS

Committee No. 1, Finance, reported having considered the matter of offer from Red River Valley Chapter of the American Red Cross to purchase City property at South Washington Street and 40th Avenue South, and recommended to declare the property as surplus and to advertise for bids.

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

APPROVE CHANGE IN POLICY ALLOWING 100% CARRYOVER OF
UNSPENT FUNDS IN CERTAIN CATEGORIES

Committee No. 1, Finance, reported having considered the matter of carryover of unspent funds in certain budget categories, and recommended to authorize policy to be changed to go from 75% to 100% of allowing carryover coming from Maintenance and Operation and Capital items.

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

Howard Swanson, city attorney, reported that the State statute which restricted transfers between Wages & Salaries and Operations was repealed a number of years ago, the City, however, continued with that policy by ordinance; that has been amended several times and most recently has been repealed in its entirety so there no longer is a prohibition from that type of transfer. He stated that while he thinks the auditor's office would have strong persuasion it would have a significant impact on future budgeting years and is not entirely convinced that the auditor's office can require that transfer be backed out of.

Upon call for the question, the motion carried 13 votes affirmative.

AUTHORIZE REMOVAL OF PARKING ON PORTION
OF 24TH AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the matter of parking close to the intersection on 24th Avenue South and South 22nd Street, and recommended to remove parking on the north side of 24th Avenue South from 80 ft. east of South 22nd Street to 60 ft. west and on the south side of 24th Avenue South from the crosswalk to Bringewatt Park 80 ft. to the west.

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


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AUTHORIZE REMOVAL OF PARKING ON PORTION OF
27TH AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the possibility of removing parking on 27th Avenue South from Parkview Terrace to South 25th Street, and recommended that we remove parking on the north side of 27th Avenue South from 40 ft. east of the Parkview Terrace east driveway to 20 ft. west of the west driveway.

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

RECEIVE AND FILE MATTER OF REQUEST TO ALLOW
PARKING ON PORTION OF 5TH AVENUE NORTH

Committee No. 2, Public Safety, reported having considered the matter of removing "no parking" zone signs north of UND campus on 5th Avenue North due to proper street widths and difficult parking situation, and recommended to receive and file.

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

APPROVE REQUEST TO HOLD 1994 ARTHRITIS
FOUNDATION JINGLE BELL RUN ON NOVEMBER 20

Committee No. 2, Public Safety, reported having considered the request to hold 1994 Arthritis Foundation Jingle Bell Run on Sunday, November 20, 1994, and recommended that the request be approved, subject to coordinating the event with the police department.

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

ACCEPT BID FOR BOMB SUIT

Committee No. 2, Public Safety, reported having considered the matter of bomb suit purchase, and recommended that we accept the bid of MED-ENG EOD-7A and EOD-7 helmet in the amount of $9,975.00, 50% share cost with the University of North Dakota.

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

APPROVE POLICE SET WEAPONS EXCHANGE

Committee No. 2, Public Safety, reported having considered the matter of police SET weapons exchange, and recommended that we allow the police department to up-grade by even-exchange six Colt 223 caliber weapons for four 9mm. Colt and two AR-15 9mm. Colt weapons from Omni Distributing, Inc.

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

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November 7, 1994

APPROVE REQUEST TO ALLOW PARKING ON 5TH
AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the request by the fire department to allow parking on 5th Avenue South, and recommended to remove no-parking signs on the south side of 5th Avenue South, subject to agreement with Northern States Power Company.

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

Asst. Fire Chief Phelps advised that parking will be removed on both sides of the street and a letter from Northern States Power Company agreeing to this (with some exceptions) has been filed with the city auditor's office.

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

RECONSIDER MATTER OF REMOVAL OF NO-PARKING
ZONE ON PORTION OF 5TH AVENUE NORTH AND
REFER BACK TO COMMITTEE

Council Member McCabe asked that the matter of the request to remove no-parking zone signs on a portion of 5th Avenue North be reconsidered and sent back to committee. The motion was seconded by Council Member Hagness. Upon roll call vote on the question of reconsideration, the following voted "aye": Council Members Beach, McCabe, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Beyer, Babinchak, Geller, Hagness - 11; voting "nay": Council Members Hoeppner, Sande - 2. Mayor Polovitz declared the motion for reconsideration carried.

Mr. Swanson advised that the committee report was before council, and council can either move to send back to committee or two members and refer it back.

It was moved by Council Members Glassheim and Geller to send the matter back to committee. Upon voice vote, the motion carried.

APPROVE EXTENSION OF COMPLETION DATE FOR
PROJECT NO. 3987, FLOOD STUDY

Committee No. 3, Public Service, reported having considered the request for extension of completion date, Project No. 3987, aerial photography and topographic mapping for flood study (KBM), and recommended to approve extension of contract completion as follows: 50 sheets by November 4, 50 sheets by November 11 and balance November 23, with no liquidated damages.

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

APPROVE SUPPLEMENTAL AGREEMENT FOR ARCHITECTURAL
SERVICES FOR PROJECT 4117 WITH TKDA

Committee No. 3, Public Service, reported having considered the matter of Supplemental Agreement No. 3, architectural services, for Project No. 4117, TKDA, and recommended to approve the supplemental agreement to increase the maximum "not to exceed" fee by an additional $9,000.

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, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13;
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November 7, 1994

voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDERS FOR PROJECT NO. 4117,
PUBLIC WORKS FACILITY

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4117, renovation of public works facility, C.O. #M-1 for mechanical construction, Lunseth's, in the amount of $500.00, and recommended that the change order be approved.

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4117, renovation of public works facility, C.O. #E-1 for electrical construction, Bergstrom Electric, Inc. in the amount of $8,105.00, and recommended that the change order be approved.

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4117, renovation of public works facility, C.O. #G-2 for general construction, Innes Construction, Inc. in the amount of $1,532.00, and recommended that the change order be approved.

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

RECONSIDER SALT BIDS

Committee No. 3, Public Service, reported having reconsidered the matter of salt bids, and recommended to rescind council action awarding bid for salt to North Central Jobbers as agreed upon by telephone conversation, and to award the bid to Cutler Magner.

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

MATTER OF SNOW REMOVAL ON 40TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of snow removal hauling on 40th Avenue South (piling snow on City lot on 40th Ave.S) and recommended that we direct the street department to monitor the situation.

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

APPROVE AMENDMENT NO. 4 TO ENGINEERING SERVICES
AGREEMENT FOR SEWER PROJECT NO. 3821

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 4 to agreement for professional services for Richard's West storm sewer system, Sewer Project No. 3821, and recommended to approve agreement with Webster, Foster and Weston for engineering services for construction inspection phase of the project in the amount of $93,936.00.

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


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November 7, 1994

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4181, FORECEMAIN REHAB

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4181, forcemain rehab, and recommended to approve plans and specifications, and to authorize the city auditor to advertise for bids.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4199, DISTRICT NO. 356

Committee No. 3, Public Service, reported having considered the matter of Project No. 4199, rehab. Lift Stations No. 23, creation of special assessment district, 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.

It was moved by Council Member Klave and seconded by Council Member Beyer 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. 6372 - 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, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT NO.
356, PROJECT NO. 4199

The city auditor presented and read the engineer's report on Sewer District No. 356, Project No. 4199: Document No. 6373 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 4199,
DISTRICT NO. 356

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6374 - Resolution.

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

APPROVE REHAB PROJECT FOR LIFT STATION NO. 22

Committee No. 3, Public Service, reported having considered the matter of Project No. 4199, rehab. Lift Station No. 22, estimated cost $183,500.00, and recommended that we approve the rehab project for Lift Station No. 22.


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November 7, 1994

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

APPROVE AGREEMENT WITH NODAK RURAL ELECTRIC
COOPERATIVE FOR REDUNDANT ELECTRICAL SERVICE
LINE, SEWER PROJECT NO. 4199

Committee No. 3, Public Service, reported having considered the matter of Project No. 4199, Rehab. Lift Stations No. 22 and No. 23, agreement for redundant electrical service line, Nodak Rural Electric Cooperative, and recommended that the City install a second utility service line from the same power source that serves J. R. Simplot Company and an automatic transfer switch at the pump station so that backup power would be available within minutes after a power outage, with est. cost for running second line at $20,000, which the City would pay; and further that Nodak REC would own and maintain the dedicated redundant service line.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4199, SEWER DISTRICT NO. 356,
REHAB OF LIFT STATIONS NO. 22 AND 23

The engineer's estimate of total cost of the rehabilitation of Lift Station No. 22 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. 4199, Rehab of Lift Station No. 22, and recommended that we approve the plans and specifications for rehab of Lift Station No. 22 and authorize call for bids.

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

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project no. 4199, District No. 356, rehab of Lift Station No. 23, 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 13 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 6375 - Resolution.

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

AWARD CONTRACT FOR PROJECT NO. 4185.2, 1994
STORM SEWER OUTFALL REPAIRS

Committee No. 3, Public Service, reported having considered the bids for Project No. 4185.2, 1994 storm sewer outfall repairs, and recommended to accept the flow bid of United Crane in the amount of $16,963.00.

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November 7, 1994

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

ACCEPT BID FOR TOPSOIL FOR LANDFILL, PROJECT
NO. 4168

Committee No. 3, Public Service, reported having considered the bids for Project No. 4168, topsoil for landfill, and recommended to accept the bid of Chisholm Construction in the amount of $11,025.00, contingent upon acceptable proof that topsoil will support vegetation.

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

ACCEPT BID FOR TRACTOR FOR SANITATION DEPARTMENT

Committee No. 3, Public Service, reported having considered the bids for farm tractor for sanitation department, and recommended that the bid be awarded to Reiten & Young for a new tractor at $37,160.00 and loader for $4,970.00, for a total bid of $42,130.00.

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

ACCEPT BID AND AWARD CONTRACT FOR PROJECT NO.
4223, BRIDGE ON ENGLISH COULEE DIVERSION CHANNEL
AT 27TH AVENUE NORTH AND NORTH 55TH STREET

Committee No. 3, Public Service, reported having considered the bids for Project No. 4223, bridge on English Coulee Diversion Channel at 27th Avenue North and North 55th Street, and recommended to award the bid to Wanzek Construction, Fargo, in the amount of $116,741.00.

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

ACCEPT BID AND AWARD CONTRACT FOR PROJECT
NO. 4109, BRIDGE REPLACEMENT ON 42ND STREET
AND 17TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the bids for Project No. 4109, bridge replacement on 42nd Street at 17th Avenue South, and recommended to accept the bid of R. J. Zavoral & Sons, Inc., East Grand Forks, in the amount of $174,364.00.

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, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13;
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November 7, 1994

ACCEPT BID FOR COMPOST TURNER FOR SANITATION
DEPARTMENT

voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 3, Public Service, reported having considered the bids for compost turner for sanitation department, and recommended to accept the bid of Swanston Equipment in the amount of $15,591.00.

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

It was noted that Council Member Hamerlik had voted against the recommendation as this was not low bid, and Council Member Hagness recommending going with the public service committee's recommendation.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 12; voting "nay": Council Member Hamerlik - 1. Mayor Polovitz declared the motion carried.

ACCEPT CONCEPT REPORT FOR PROJECT NO. 3947,
BIKEPATH ALONG ENGLISH COULEE FROM DEMERS
AVENUE TO 17TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of concept report for Project No. 3947, bikepath along English Coulee from DeMers Avenue to 17th Avenue South, and recommended to accept the concept report.

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

APPROVE ENGINEERING AGREEMENT FOR PROJECT NO.
4250, BIKEPATH ALONG SOUTH 34TH STREET FROM
29TH STREET TO 32ND AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of engineering agreement for Project No. 4250, bikepath along South 34th Street from 29th Street to 32nd Avenue South, and recommended to authorize entering into an agreement with CPS, Ltd. for engineering services on the project in the amount of $11,855.00, based on an hourly rate.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 3974

Committee No. 3, Public Service, reported having considered the matter of change order No. 7 for Project No. 3974, DeMers Avenue, Phase I, and recommended that the change order in the amount of $318.00 be approved.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4006
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November 7, 1994

Committee No. 3, Public Service, reported having considered the matter of
Change Order No. 12 for Project No. 4006, DeMers Avenue, Phase II, and recommended approval of the change order in the amount of $2,425.30.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 3888

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1 on Project No. 3888, 11th Avenue South paving, in the amount of $19,977.50 ($13,860 for muck excavation, $2,205.00 for common excavation, and $1,207.50 for clearing and grubbing a tree), and recommended approval of the change order in the amount of $19,977.50.

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

APPROVE TEMPORARY CONSTRUCTION EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of two temporary construction easements for watermain construction on 24th Avenue North between North 42nd Street and North 44th Street, for and in consideration of the sum of $1.00, to Senske & Young Manufacturing, Inc., grantor, and recommended approval of the easements.

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

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement for storm water outfall reconstruction project on English Coulee south of 17th Avenue South between South 35th and South 42nd Street, for and in consideration of the sum of $1.00, Marvin Birkholz, grantor, and recommended approval of the easement.

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

APPROVE GROWTH FUND LOAN TO ATLANTIS
AQUATICS

Committee No. 4, Urban Development, reported having considered the matter of Atlantis Aquatics Growth Fund loan, and recommended that the Atlantis Aquatics Growth Fund loan be restructured as follows: extended to a length of five years with quarterly payments, the first payment due on October 1, 1995, with interest accruing at the existing rate, and the accrued interest to date be added to the end of the loan.

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

There was some concern expressed re. this company now in retail business with competitors. Council Member Glassheim reported that they have wholesale business moving towards retail, but that the money loaned from Growth Fund was used to expand the wholesale business and additional employee put on, their
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November 7, 1994

sales doubled but because of decline in Canadian dollar and change in the
market, made that wholesale operation not particularly viable, but doesn't believe any money used for the retail business, money used for business for which intended.

After further discussion and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

REFER MATTER OF OLE AND LENA'S GROWTH FUND
LOAN BACK TO COMMITTEE

Committee No. 4, Urban Development, reported having considered the matter of Ole and Lena's Growth Fund loan, and recommended that the loan be turned over to the city attorney for collection.

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

Council Members Beach and Glassheim asked that this matter be referred back to committee; and Mayor Polovitz referred the matter back to committee for further consideration.

APPROVE CONDITIONAL USE PERMIT FOR RETAIL
SALES FOR WOOD PRODUCTS, INC.

The City Planning and Zoning Commission reported having considered the matter of request from Lowell Innes on behalf of Wood Products, Inc. for approval of a conditional use permit as provided for by the Land Development Code, Section 18-0218 (I-1) Light Industrial District, subsection (3) Conditional Uses; paragraph (a) Retail Sales: 1. Sale restricted to items manufactured on the premises, Block 4, Lot 9, Industrial Subdivision (located at 917 South 46th Street), and recommended approval of the conditional uses permit.

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

INTRODUCE ORDINANCE TO ANNEX LOT A, BLOCK A,
REPLAT OF KORYNTA-LEMM SUBDIVISION TO THE CITY
OF GRAND FORKS

The City Planning and Zoning Commission reported having considered the matter of the request from Violet Theis for approval to annex Lot A, Block A, a Replat of Korynta-Lemm Subdivision, Grand Forks, North Dakota (located in the southeast corner of the intersection of 17th Avenue North and North 52nd Street), and recommended approval and final passage of ordinance of annexation and approval of an agreement with the property owners to not protest future annexation on the adjacent properties under certain conditions.

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

It was moved by Council Member Beyer and seconded by Council Member Hanson to amend the motion to introduce ordinance and to set public hearing for December 19. Carried 13 votes affirmative.

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

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November 7, 1994

Council Member Hagness introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Block A, Lot A, Replat of Korynta-Lemm Subdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE FINAL PLAT OF KORYNTA-LEMM
SUBDIVISION, BLOCK A, LOT 4

The City Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering on behalf of Violet Theis for final approval of a Replat of Korynta-Lemm Subdivision, Block A, Lot 4, of the Replat of Block 7, and Lots 1 and 3 of the Replat of Blocks 8 and 9, Korynta-Lemm Subdivision and including two previously unplatted tracts and vacated alley, Grand Forks, North Dakota (located in the southeast corner of the intersection of 17th Avenue North and North 52nd Street), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF VILLAGE
SUBDIVISION NO. 2, BLOCK B, LOTS 17 AND 20
OF A REPLAT OF BLOCK 2

The City Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson and from Lowell Innes on behalf of Wood Products, Inc. for final approval of a Replat of Village Resubdivision No. 2, Block B, Lots 17 and 20 of a Replat of Block 2, Grand Forks, North Dakota (located in the northeast corner of University Avenue and I-29), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

GRANT APPROVAL OF REPLAT OF TRACT 'A',
BLOCK 1, LOTS 8 AND 9

The City Planning and Zoning Commission reported having considered the matter of the request from Brad Betting for preliminary approval (administrative review) and final approval (fast track) of a Replat of Tract 'A', Block 1, Lots 8 and 9, to the city of Grand Forks, North Dakota (located in the 3200 block of Walnut Street), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

GRANT ADMINISTRATIVE AND FINAL APPROVAL OF
MINOR REPLAT OF BFM 5TH RESUBDIVISION, BLOCK 1,
LOT 2

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Matthew Tasler for preliminary approval (administrative review) and final approval (fast track) of a minor replat of BFM 5th Resubdivision, Block 1, Lot 2, to the city of Grand Forks, North Dakota (located in the northwest corner of 28th Avenue South and South
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November 7, 1994

26th Street), and recommended final approval subject to special conditions
shown on or attached to the review copy.

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

APPROVE PRELIMINARY PLAT OF RAY RICHARD'S
GOLF COURSE ADDITION, AND INTRODUCE ORDINANCE
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC RIGHTS OF WAY SHOWS AS DEDICATED ON THE PLAT

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Plant Services of the University of North Dakota for preliminary approval of the Plat of Ray Richard's Golf Course Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Northwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian (located south of DeMers Avenue between South 34th Street and South 42nd Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for December 19, 1994.

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

Council Member Hagness introduced 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 Ray Richard's Golf Course Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Northwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT, AND INTRODUCE ORDINANCE
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
RIGHTS OF WAY SHOWN AS DEDICATED ON THE PLAT OF
DEMERS EIGHTH ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Pentas Division of Trillium Corporation for preliminary approval of a Plat of DeMers Eighth Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Southwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian (located south of DeMers Avenue between South Columbia Road and South 30th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for December 19, 1994.

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

Council Member Hagness introduced 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 DeMers Eighth Addition, being a portion of the North Half of the Southwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which was presented, read and
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November 7, 1994

passed on its first reading.

INTRODUCE ORDINANCE AMENDING ZONING MAP TO
INCLUDE VILLAGE RESUBDIVISION NO. 2 WITHIN
VILLAGE PUD (PLANNED UNIT DEVELOPMENT) CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1

The City Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson for preliminary approval of Village PUD (Planned Unit Development) Concept Development Plan, Amendment No. 1, Village Resubdivision No. 2 (located north of University Avenue between North 42nd Street and I-29), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for December 19, 1994.

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

Council Member Hagness introduced an ordinance entitled "An ordinance amending the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the Village PUD (Planned Unit Development), Concept Development Plan and to include within Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, Village Resubdivision No. 2, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL OF VILLAGE PUD,
DETAILED DEVELOPMENT PLAN, MULTI-FAMILY (LOW
INCOME HOUSING), VILLAGE RESUBDIVISION NO. 2,
BLOCK B, LOT C

The City Planning and Zoning Commission reported having considered the matter of the request from Dakota Financial on behalf of Francis Mikkelson for preliminary approval of Village PUD (Planned Unit Development), as amended by Ordinance No. , Detailed Development Plan, Multi-Family (Low Income Housing), Village Resubdivision No. 2, Block B, Lot C (located at 4275 5th Avenue North), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

APPROVE PRELIMINARY PLAT, AND INTRODUCE ORDINANCE
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
RIGHTS OF WAY SHOWN AS DEDICATED ON THE PLAT OF
DAVIDSON ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Burdell Davidson for preliminary approval of Davidson Addition, Grand Forks Township, Grand Forks County, North Dakota, being a part of Government Lots 8, 10, 11, and all of Government Lot 9, Section 36, Township 151 North, Range 50 West of the 5th Principal Meridian (located in the 6900 block of Southeast 14th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for December 19, 1994.

It was moved by Council Member Hagness and seconded by Council Member Beyer that this recommendation be and is hereby approved.
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November 7, 1994

Council Member Sande questioned number and name of street, S.E. 14th Street,
and it was noted that the numbers assigned by E-911 System. Mr. Bushfield, city planner, reported that E-911 responsible for numbering system, etc. and came up with Southeast 14th Street.

Upon call for the question, the motion carried 13 votes affirmative.

Council Member Hagness introduced 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 Davidson Addition, Grand Forks Township, Grand Forks County, North Dakota, being a part of Government Lots 8, 10, 11 and all of Government Lot 9, Section 36, Township 151 North, Range 50 West of the 5th Principal Meridian", which was presented, read and passed on its first reading.

APPROVE APPOINTMENT TO MAYOR'S COMMITTEE
ON PEOPLE W/DISABILITIES

Mayor Polovitz announced the appointment of Fern Wanke to the Mayor's Committee on People w/Disabilities, and asked for concurrence in this appointment. It was moved by Council Member Hanson and seconded by Council Member Hamerlik that this appointment be and is hereby approved. Carried 13 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 262, dated October 31, 1994 and totaling $1,732,832.06, was presented and read.

It was moved by Council Member Hanson and seconded by Council Member Hoeppner 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council:
Street Improvement (Graveling) Project No. 4080, District No. 9; Paving Project No. 4093; Paving Project No. 4147, District No. 526; Watermain Replacement Project No. 4164.3; Project No. 4184, riprap leveling at wastewater ponds; Sewer Project No. 4217; Street Lighting Project No. 4232, District No. 100; Street Lighting Project No. 4233, District No. 101; and Street Lighting Project No. 4234, District No. 102.

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

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented and/or referred to committee as follows:
1) Council Member McCabe reported that approx. 230 designs had been submitted in city flag contest, that judges will be meeting on November 22 to pick top four designs, which will be submitted to council at their first meeting in December for selection of the winner and three honorable mentions.
2) Council Member Beyer presented the matter of claim by David Hein, 24 Sandy
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November 7, 1994

Hills Lane, for damages to house (foundation failed), and Mayor Polovitz
referred the matter to the public service committee.
3) Howard Swanson reported that he had attended the National City Attorneys' Conference in Reno, that he had sent out listing of papers available to the council upon request, and that he had been nominated again to be the North Dakota delegate to that group. Mayor Polovitz thanked Mr. Swanson on behalf of the council and the city as a whole for his work and dedication to the city and to the state.
4) The matter of distribution of bill listings was presented, and Mayor Polovitz referred the matter to the finance committee.

ACCEPT BID FOR REHAB OF ROOFS ON CITY BUILDINGS
AT 2 AND 24 SOUTH 3RD STREET (CITY CENTER MALL)

Committee No. 1, Finance, reported having considered the matter of bids for roofs on buildings at 2 South 3rd Street and at 24 South 3rd Street, and recommended awarding bid to Skinner Roofing in the amount of $34,800.00, with funds from the Deficiency Fund.

It was moved by Council Member Geller 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, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

ADJOURN

It was moved by Council Member Hoeppner and seconded by Council Member Geller that we do now adjourn until Monday, November 21, 1994 at 7:30 o'clock p.m. Carried 13 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Michael Polovitz, Mayor