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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, October 16, 1995

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, October 16, 1995 at the hour of 7:30 o'clock p.m. with President Hagness presiding. Present at roll call were Council Members Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; absent: none.

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

APPROVE MINUTES AUGUST 7, 1995

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, August 7, 1995 were presented and read. It was moved by Council Member Hanson and seconded by Council Member Beyer that these minutes be approved as read. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3545.1, RELATING TO LAND
DEVELOPMENT CODE, CHAPTER XVIII OF CITY CODE,
ARTICLE 2, ZONING, RE. RULES AND DEFINITIONS
OF DIRECTIONAL SIGNS, AND PERMITTING DIRECTIONAL
SIGNS IN ALL ZONING DISTRICTS

An ordinance entitled "An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0204 relating to Rules and Definitions of Directional Signs and Sections 18-0301(2), 18-0301(3) and 18-0301(4) relating to permitting directional signs in all zoning districts", which had been introduced and passed on its first reading on September 18, 1995, 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.

President Hagness 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 sign section 18-0301 of the Land Development code permitting and regulating the placement of directional signs in all zoning districts, and recommended final approval and passage of the ordinance amending the sign section of the Land Development Code.

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

COUNCIL MEMBERS BEACH AND McCABE REPORTED
PRESENT

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, Johnson, Hagness - 14; voting "nay": none. President Hagness declared 14232
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the ordinance adopted.

ADOPT ORDINANCE NO. 3546.1, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON PLAT OF AUDITOR'S
SUBDIVISION NO. 27

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 Auditor's Subdivision No. 27 to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 18, 1995, 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.

President Hagness 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 city auditor for final approval of the plat of Auditor's Subdivision No. 27 to the city of Grand Forks, North Dakota, being a portion of the SE 1/4 SE 1/4 of Section 31, Township 152 North, Range 50 West (located north of Gateway Drive between North 42nd Street and I-29), and recommended final approval subject to special conditions shown on or attached to the review copy and with the possibility of adding the necessary right of way (16th Avenue North) that improves the access to Auditor's No. 27 if negotia-tions are successful with Terry Bladholm, owner of Concrete Sectional. The Commission also recommended passage of the ordinance amending the Street and Highway Plan.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 14 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, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the ordinance adopted.

ADOPT ORDINANCE NO. 3547.1, AMENDING ZONING
MAP TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL)
DISTRICT ALL OF AUDITOR'S RESUBDIVISION NO. 27,
LOTS, 4 5 AND 6, BLOCK 1, ELLERTSON'S ADDITION,
HUMBLE OIL TRACT, AND REMAINING UNPLATTED AREA
LYING WITHIN N 1/2 SE 1/4 SE 1/4 OF SECTION 31,
TOWNSHIP 152 NORTH, RANGE 50 WEST

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 (Service Business) District and to include within the I-2 (Heavy Industrial) District, all of Auditor's Resubdivision No. 27 to the city of Grand Forks, North Dakota; Lots 4, 5 and 6, Block 1, Ellertson's Addition, Grand Forks, ND; Humble Oil Tract (Unplatted); and the remaining unplatted area lying within the N 1/2 SE 1/4 SE 1/4 of Section 31, Township 152 North, Range 50 West, Grand Forks, ND", which had been introduced and passed on its first reading on September 18, 1995, and upon which public hearing had been scheduled for this 14233
October 16, 1995

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.

President Hagness 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 request from the city auditor for final approval of an ordinance to amend the Zoning Map to exclude from the B-3 (Service Business) District and to include within the I-2 (Heavy Industrial) District, all of Auditor's Sub- division No. 27, Grand Forks, ND; Lots 4, 5 and 6, Block 1, Ellertson's Addition to the city of Grand Forks, ND; Humble Oil Tract (unplatted); and the remaining unplatted area lying within the N 1/2 SE 1/4 SE 1/4 of Section 31, Township 152 North, Range 50 West (located north of Gateway Drive between North 42nd Street and I-29), and recommended final approval and passage of the ordinance amending the zoning map.

It was moved by Council Member Beyer and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 14 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, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the ordinance adopted.

ADOPT ORDINANCE NO. 3548, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE REPLAT OF SUNSET ACRES
3RD 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 Replat of Sunset Acres 3rd Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 18, 1995, 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.

President Hagness 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, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the ordinance adopted.

ADOPT ORDINANCE NO. 3549, RELATING TO
WASTEWATER DISPOSAL

An ordinance entitled "An ordinance amending Article II of Chapter XV of the
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Grand Forks City Code relating to wastewater disposal", which had been introduced and passed on its first reading on April 3, 1995, and which had been continued until this evening, 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, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the ordinance adopted.

HOLD PUBLIC HEARING ON PROPOSED COMMUNITY
DEVELOPMENT BLOCK GRANT AND HUMAN NEEDS
BUDGETS AND ON THE DRAFT OF ANNUAL ACTION
PLAN FOR CITY'S CONSOLIDATED PLAN AND OPEN
30-DAY PUBLIC COMMENT PERIOD

The city auditor reported that the legal notice calling for a public hearing to be held this evening for review of the Community Development Block Grant and Human Needs budgets and the draft of the Annual Action Plan for the City's Consolidated Plan, had been published as required.

President Hagness called upon the audience to see if there was anyone present to make comments on the Community Development Block Grant and Human Needs budgets. There were none.

President Hagness declared a 30-day public comment period ending November 15, and with final action by the city council on November 20, 1995.

President Hagness then called upon the audience to see if there was anyone present to make comments on the draft of the Annual Action Plan for the City's Consolidated Plan. There were none.

President Hagness declared a 30-day public comment period ending November 15, and with final action by the city council on November 20, 1995.

APPROVE ASSESSMENTS, SIDEWALK PROJECT NO.
4252, DISTRICT NO. 11

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4252, Sidewalk District No. 11, in the amount of $5,200.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 5 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4169, DISTRICT NO. 348

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments
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by the Commission on Project No. 4169, Sewer District No. 348, in the amount of $76,003.00, and reported that the legal notice to the public that these
assessments would be presented to the city council at this meeting had been
published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4218, DISTRICT NO. 351

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4218, Sewer District No. 351, in the amount of $67,553.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4247, DISTRICT NO. 354

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4247, Sewer District No. 354, in the amount of $15,433.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
3821, DISTRICT NO. 334

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments
by the Commission on Project No. 3821, Sewer District No. 334, in the amount
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of $599,230.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been
filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4291, DISTRICT NO. 357

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4291, Sewer District No. 357, in the amount of $540,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4342, DISTRICT NO. 359

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4342, Sewer District No. 359, in the amount of $163,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4126, DISTRICT NO. 527

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4126, Paving District No. 527, in the amount of $388,507.00, and reported that the legal notice to the public that these
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assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, MISCELLANEOUS IMPROVEMENT
PROJECT NO. 4146, DISTRICT NO. 10

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4146, Miscellaneous Improvement District No. 10 (Pedestrian Bridge), in the amount of $27,250.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 5 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING
PROJECT NO. 4232, DISTRICT NO. 100

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4232, Street Lighting District No. 100, in the amount of $2,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING
PROJECT NO. 4195, DISTRICT NO. 99

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4195, Street Lighting District No. 99, in the amount of $25,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had
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been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments
to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS STREET LIGHTING
PROJECT NO. 4233, DISTRICT NO. 101

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4233, Street Lighting District No. 101, in the amount of $2,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING
PROJECT NO. 4234, DISTRICT NO. 102

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4234, Street Lighting District No. 102, in the amount of $2,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING
PROJECT NO. 4309, DISTRICT NO. 104

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4309, Street Lighting District No. 104, in the amount of $18,750.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting
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had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments
to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING
PROJECT NO. 4323, DISTRICT NO. 108

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4323, Street Lighting District No. 108, in the amount of $20,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING
PROJECT NO. 4343, DISTRICT NO. 109

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4343, Street Lighting District No. 109, in the amount of $13,250.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4170, DISTRICT NO. 230

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4170, Watermain District No. 230, in the amount of $62,799.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had
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been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4237, DISTRICT NO. 234

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4237, Watermain District No. 234, in the amount of $70,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4249, DISTRICT NO. 236

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4249, Watermain District No. 236, in the amount of $27,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4324, DISTRICT NO. 237

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4324, Watermain District No. 237, in the amount of $48,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.
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President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer
that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4214, DISTRICT NO. 232

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4214, Watermain District No. 232, in the amount of $113,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4246, DISTRICT NO. 529

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4246, Paving District No. 529, in the amount of $92,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4215, DISTRICT NO. 349

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4215, Sewer District No. 349, in the amount of $86,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments
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to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4199, DISTRICT NO. 356

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4199, Sewer District No. 356, in the amount of $41,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4236, DISTRICT NO. 353

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4236, Sewer District No. 353, in the amount of $190,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4242, DISTRICT NO. 355

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4242, Sewer District No. 355, in the amount of $85,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.
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It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, SIDEWALK PROJECT NO. 4261

The city auditor presented and read the assessments as certified by the city engineer, and approval and confirmation of these assessments by the city engineer on Sidewalk Project No. 4261 in the amount of $126,178.33, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in five annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, SIDEWALK PROJECT NO. 4151.1

The city auditor presented and read the assessments as certified by the city engineer, and approval and confirmation of these assessments by the city engineer on Sidewalk Project No. 4151.1 in the amount of $10,913.64, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in four annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, WEED CUTTING PROJECT
NO. 4299

The city auditor presented and read the assessments as made by the city health department and/or city engineer, and the approval and confirmation of these assessments by the supervising sanitary and/or city engineer on Project No. 4299, weed cutting for 1995, in the amount of $10,354.50, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer
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that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in one annual installment of principal, to be collected with other taxes by the proper authorities.
Carried 14 votes affirmative.

APPROVE ASSESSMENTS, DELINQUENT WATER
BILLING, PROJECT NO. 9001.2

The city auditor presented and read the assessments as made by the city auditor and the approval and confirmation of these assessments by the auditor on Project No. 9001.2, delinquent water billings, in the amount of $4,614.71, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the city auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in one annual installment of principal, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, MALL OPERATIONS PROJECT
NO. 2695.1

The city auditor presented and read the assessments as made by the city auditor and the approval and confirmation of these assessments by the auditor on Project No. 2695.1, Mall Operations, in the amount of $159,499.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the city auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in one annual installment of principal, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

APPROVE ASSESSMENTS, SEWER CONNECTION FEES,
PROJECT NO. 1095.0

The city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the engineer on Project No. 1095.0, sewer connection fees, in the amount in the amount of $10,799.40, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

President Hagness asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that these assessments be and are hereby accepted and confirmed, and that they 14245
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be levied against the property benefitted in 13 annual installments of princi- pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 14 votes affirmative.

ESTABLISH POLLING PLACES, HOURS OF ELECTION
AND APPOINT ELECTION OFFICIALS FOR SPECIAL
ELECTION TO BE HELD NOVEMBER 28, 1995

A listing of the inspectors of election by ward and precinct for the special city election to be held on Tuesday, November 28, 1995 was presented to the city council.

It was moved by Council Member Sande and seconded by Council Member Klave that the inspectors of election as listed be and are hereby appointed as the official election officials for the special city election to be held on November 28, 1995; and that the polling places named on the listing be the official polling places, with the hours of election to be 7:00 a.m. to 8:00 p.m. Carried 14 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Sande and seconded by Council Member Hanson that the consent agenda item be referred to the proper committee as noted for consideration and report back. Carried 14 votes affirmative.

Public Safety Committee:
1) matter of increase in penalty for violation of bus transfer station zone at City Center Mall.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of September 30, 1995 was presented and read. It was moved by Council Member Beach and seconded by Council Member Glassheim that this report be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-18, dated October 16, 1995, and totaling $1,310,063.08, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Babinchak and seconded by Council Member Klave that these bills be allowed and that the city auditor be authorized to issue
warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the motion carried and the bills ordered paid.

APPROVE CANCELLATION OF SIDEWALK ASSESSMENTS
AS AUTHORIZED UNDER CIP POLICY

Committee No. 1, Finance, reported having considered the applications for cancellation of sidewalk assessments (under CIP policy): a) 809 North 4th Street, $709.59; b) 2224 2nd Avenue North, $2,869.96; and c) 2216 2nd Avenue North, $696.24; and recommended to approve cancellation of the sidewalk assessments.

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 fol-
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lowing voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

APPROVE SUPPORT OF CLEAN CITIES PROGRAM

Committee No. 1, Finance, reported having considered the matter of request by Energy & Environmental Research Center (EERC) to obtain clean cities designation, and recommended to approve supporting the clean cities program with funding as follows: $7,000 from excess sales tax, and $3,500 from the University of North Dakota (UND) Research Fund, and to amend budget to increase Contingencies by $7,000.

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, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

INTRODUCE ORDINANCES ESTABLISHING FRANCHISE
FEES FOR ELECTRICAL SERVICE AND GAS UTILITIES

Committee No. 1, Finance, reported having considered the matter of review of franchise fees for electrical and gas utilities, and recommended introduction of an ordinance establishing the electrical service franchise fee at 2% for the period January 1, 1996 through December 31, 2002.

It was moved by Council Member Babinchak and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Johnson introduced an ordinance entitled "An ordinance amending Section 7(B) of Ordinance No. 2906 relating to franchise fees for Northern States Power Company electricity franchise", which was presented, read and passed on its first reading.

Committee No. 1, Finance, reported having considered the matter of review of franchise fees for electrical and gas utilities, and recommended introduction of an ordinance establishing the natural gas service franchise fee at 2% on users under 200 mcf's and at .75% for users of 200 mcf's and over for the period January 1, 1996 through December 31, 2002.

It was moved by Council Member Babinchak and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Johnson introduced an ordinance entitled "An ordinance amending Section 7(B) of Ordinance No. 2907 relating to franchise fees for Northern States Power Company natural gas franchise", which was presented, read and passed on its first reading.

ESTABLISH SALE PRICE FOR LOTS IN AUDITOR'S
SUBDIVISION NO. 27, DECLARE LOTS SURPLUS AND
AUTHORIZE ADVERTISING FOR SALE

Committee No. 1, Finance, reported having considered the matter of estab-
lishing prices and offering for sale City-owned lots in Auditor's Subdivi-
sion No. 27 (located between I-29 and North 42nd Street, and between High-
way 2 and 16th Avenue North), and recommended to establish value as recom- mended by the city assessor for the lots, declare the property as surplus,
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and authorize advertising lots for sale: Lot 1, Block 1, $7,300; Lot 2, Block 1, $11,000; Lot 3, Block 1, $9,900; Lot 4, Block 1, $10,600; Lot 5, Block 1, $12,100; and Lot 6, Block 1, $12,200.

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, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

ADOPT PRIVATE VEHICLE REIMBURSEMENT POLICY

Committee No. 1, Finance, reported having considered the matter of proposed private vehicle reimbursement policy, and recommended to approve the proposed policy and institute on a year's trial basis, effective January 1, 1996, and with a sunset clause of December 31, 1996: Document No. 6633 - Policy.

It was moved by Council Member Babinchak and seconded by Council Member McCabe that this recommendation be and is hereby approved and that the reimbursement policy be adopted on a one-year trial basis. Carried 14 votes affirmative.

TABLE MATTER OF RECLASSIFICATION OF
APPRAISER III POSITION IN ASSESSING DEPARTMENT

Committee No. 1, Finance, reported having considered the matter of reclassification of Appraiser III position in assessment department, and recommended to table pending report from the wage study consultant.

It was moved by Council Member Babinchak and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE BUDGET AMENDMENTS

A request to amend the Resource & Development budget in the amount of $20,000, to cover costs for the civic center project, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member McCabe that this budget amendment be and is hereby approved. Carried 14 votes affirmative.

A request to amend the Central Purchasing budget in the amount of $5,200 to purchase City logo items under loan from Loan & Stabilization Fund, was
presented and read. It was moved by Council Member Babinchak and seconded by Council Member McCabe that this budget amendment be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE ATTENDANCE BY COUNCIL MEMBERS
AT NATIONAL LEAGUE OF CITIES CONFERENCE

Committee No. 1, Finance, reported having considered the matter of attendance at National League of Cities conference in Phoenix, AZ and recommended that two members of the city council be authorized to attend the National League of Cities, 1995 Congress of Cities, that volunteers be solicited and if more than two, determine by drawing straws.

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

Committee members stated that council could do on volunteer basis this year, suggested that those interested contact the mayor's office; and that a policy
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would be developed to determine who should be attending.

Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.

AUTHORIZE REMOVAL OF PARKING ON PORTION OF
15TH AVENUE SOUTH AT SOUTH 14TH STREET

Committee No. 2, Public Safety, reported having considered the request for change in parking on 15th Avenue South at South 14th Street, and recommended to remove parking from the south side of 15th Avenue South for 60 ft. from its intersection with 14th Street.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE NO PARKING ON PORTION OF SOUTH
34TH STREET

Committee No. 2, Public Safety, reported having considered the matter of request for no parking on South 34th Street from 24th Avenue South to just south of Carrington Court where curb and gutter ends, and recommended to install no parking signs on both sides of South 34th Street from point where curb and gutter ends to 24th Avenue South.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE HEALTH DEPARTMENT AGREEMENTS

Committee No. 2, Public Safety, reported having considered the matter of agreement with United Hospital re. Infectious Waste Disposal, and recommended to approve agreement for disposal of infectious waste materials.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Committee No. 2, Public Safety, reported having considered the matter of agreement with ND Department of Health and Traill District Health Unit for Maternal and Child Health Nutrition Special Initiative, and recommended to
approve the agreement contingent upon approval by the city attorney.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE APPLICATIONS FOR SPECIAL ALCOHOLIC
BEVERAGE PERMITS

Committee No. 2, Public Safety, reported having considered the applications for special alcoholic beverage permits for El Roco Lounge, Inc., at 615 1st Avenue North, civic auditorium, on November 4 and 5, and for Happy Harry's, 6l5 1st Avenue North (civic auditorium) on November 4 and 5 for the Holiday Food Fest, and recommended that the applications be approved.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 14 votes affirmative.
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ADOPT RESOLUTION RECOGNIZING UND STUDENT
MEDICAL TECHNOLOGY/CLS CLUB AS PUBLIC-
SPIRITED ORGANIZATION ELIGIBLE TO CONDUCT
GAMING, AND TO APPROVE APPLICATION

Committee No. 2, Public Safety, reported having considered the application for gaming permit by UND Student Medical Technology/CLS Club for raffle permit for December 4, 1995, and recommended the adoption of a resolution recognizing this group as a public-spirited organization eligible to conduct gaming, and to grant the application for a gaming permit.

It was moved by Council Members Sande and Johnson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Sande introduced the following resolution which was presented and read: Document No. 6634 - Resolution.

It was moved by Council Member Sande and seconded by Council Member Johnson that this resolution be and is hereby adopted. Carried 14 votes affirmative.

APPROVE BUDGET AMENDMENTS

Budget amendment requests were presented as follows:
a) Wellness (Traill County Nutrition Project) effective July 1, 1995, $1,500
b) Communicable Disease - grant to Greater Grand Forks Immunization Coalition from AAL Branch 6844, $700
c) Police Department, $35,904, to cover costs of step increases for 1995
d) Police Department, $25,291, to cover retroactive pay for police
e) Police Department, $1,100, to reflect increase revenue from Traffic Safety Grant FY 1995, PHSP4029502-02-27
f) Police Department, $50,122, to cover retroactive pay for police
g) Police Department, $7,236, to reflect increased revenue for police overtime that has been billed.
h) Emergency Management, $16,800, to reflect increase in grant revenue, HMTA
i) Public Building Fund, $68,000, to purchase land for fire station.
j) Special Grant, First Night, $85,528, to reflect additional revenues for First Night.

It was moved by Council Member Sande and seconded by Council Member Johnson that these budget amendments be and are hereby approved. Carried 14 votes affirmative.

INTRODUCE ORDINANCE TO AMEND UNIFORM
BUILDING CODE, 1991 EDITION, ADOPTED
BY REFERENCE

Committee No. 3, Public Service, reported having considered the request for amendment to Uniform Building Code, 1991 Edition and 1994 Edition, by deletion of Section 2516(f)(4)(B), subsection (ii) which creates small, confined spaces and which become difficult and expensive to vent properly, and recommended to amend the Uniform Building Code, 1991 Edition, adopted by reference, by deleting this section and to introduce the ordinance for first reading.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hagness introduced an ordinance entitled "An ordinance amending Section 19-0101 of the Grand Forks City Code relating to amendment to the Uniform Building Code", which was presented, read and passed on its first reading.
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APPROVE VARIOUS EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of fire hydrant easement for Watermain Extension Project 4340 at South Washington
Street and 40th Avenue South, for and in consideration of the sum of $150.00 x 4 = $600.00) and other good and valuable considerations, grantors: Wilcox & Malm, Inc, Harmon Glass Company, Inc., G.E. Satrom, Myron and Joyce Kuster dba Sunset Gardens, to the City of Grand Forks, and recommended that the easements be approved.

It was moved by Council Member Hamerlik and seconded by Council Member Klave 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, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

APPROVE EXTENSION OF COMPLETION DATE FOR
SEWER PROJECT NO. 3821 TO NOVEMBER 17, 1995

Committee No. 3, Public Service, reported having considered the matter of request for time extension on Project No. 3821, Richard's West Storm Sewer and Pumping Station #84, and recommended to extend completion date on the project to November 17, 1995.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

REFER MATTER OF CLAIM CHANGE ORDER ON
PAVING PROJECT NO. 4316 BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of claim for compensation from Valley Contracting on Project No. 4316, paving on South 36th Street, and recommended that due to circumstances to pay the change order in the amount of $2,776.52, with monies to be paid from Highway Users' Fund.

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

At the request of Council Members Hamerlik and Klave this matter be held was held and referred back to the committee and to the city attorney for further consideration.

APPROVE AMENDMENT NO. 2 TO ENGINEERING
AGREEMENT FOR PROJECT NO. 3941, SOUTH END
DRAINAGE CONTROL FACILITY

Committee No. 3, Public Service, reported having considered the matter of engineering agreement for Project No. 3941, south end drainage control facility, Amendment No. 2, with CPS, Ltd., and recommended to approve Amendment No. 2 to the engineering agreement in an amount not to exceed $18,900.00.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the fol- lowing voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

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October 16, 1995

AUTHORIZE ENTERING INTO COST PARTICIPATION
AND MAINTENANCE AGREEMENT WITH STATE HIGHWAY
DEPARTMENT FOR PROJECT NO. 4349 (STATE PROJECT
NO. TEU-6-986(041)044

Committee No. 3, Public Service, reported having considered the matter of cost participation and maintenance agreement for Project No. 4349, bikepath along Red River from Plum to 8th Avenue South, State Project TEU-6-986(041)044, and recommended to approve the agreement and authorize appropriate City officials to sign the agreement.

It was moved by Council Member Hamerlik and seconded by Council Member Klave 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, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

APPROVE PROJECT CONCEPT REPORT FOR PROJECT
NO. 4349, BIKEPATH

Committee No. 3, Public Service, reported having considered the matter of project concept report for Project 4349, Bikepath along Red River from Plum to 8th Avenue South, and recommended to approve the project concept report.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE BUDGET AMENDMENT

A request for amendment to the Sanitation Department budget in the amount of $9,000, to keep landfill in compliance, was presented and read. It was moved by Council Member Hamerlik and seconded by Council Member Klave that this budget amendment be and is hereby approved. Carried 14 votes affirmative.

ACCEPT BIDS FOR YOUTH CENTER IN RICHARD'S
WEST, AND APPROVE TRANSFER OF FUNDS

Committee No. 4, Urban Development, reported having considered the matter of youth center bids, and recommended to accept low bids as presented for a total bid of $79,600.54, and to transfer $10,000 from Contingencies to the Richard's West Youth Center Project.

It was moved by Council Member Hanson and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the fol- lowing voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.

APPROVE HOUSING REHAB APPLICATION

Committee No. 4, Urban Development, reported having considered the matter of the Housing Rehab application at 701 Omega Avenue, Donald G. Borgen, Sr., for roof repair/replacement, and recommended approval of the application.

It was moved by Council Member Hanson and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the fol- lowing voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. President Hagness declared the motion carried.
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October 16, 1995

APPROVE BUDGET AMENDMENTS AND TRANSFER OF
FUNDS TO VARIOUS PROJECTS

Committee No. 4, Urban Development, reported having considered the matter of
budget amendment for 515 8th Avenue South project, and recommended transfer of $4,033.01 from Housing Rehab Program to the 515 8th Avenue South Project.

It was moved by Council Member Hanson and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Committee No. 4, Urban Development, reported having considered the budget amendment for Phase B, Youth Center Project, and recommended to approve transfer of $10,675.10 from Contingencies to this project.

It was moved by Council Member Hanson and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 14 votes affirmative.

COUNCIL MEMBER GELLER EXCUSED

GRANT PRELIMINARY APPROVAL OF COLUMBIA
PARK 4TH PUD (DETAILED DEVELOPMENT PLAN,
TRUCK BROKERAGE OFFICE) LOT 2, BLOCK 1,
COLUMBIA PARK 23RD ADDITION

The Planning and Zoning Commission reported having considered the matter of request from Brad Spicer on behalf of Big Sioux Travel Plaza for preliminary approval of Columbia Park 4th PUD (Planned Unit Development), Detailed Development Plan, Truck Brokerage Office, Lot 2, Block 1, Columbia Park 23rd Addition (located at 4571 32nd Avenue South), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

GRANT PRELIMINARY APPROVAL OF SUBDIVISION
PLAT OF A REPLAT OF LOTS B AND D, BLOCK 1,
HUBERT'S ADDITION

The Planning and Zoning Commission reported having considered the request from Branden Bartholomew on behalf of Dennis McGurran for preliminary approval of a subdivision plat of a Replat of Lots B and D, Block 1, Hubert's Addition, Grand Forks, ND (located at 609 South 4th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

GRANT PRELIMINARY APPROVAL OF SUBDIVISION
PLAT OF A REPLAT OF LOT 22, BLOCK 3, BLAIR-
SATROM-BAUKOL ADDITION

The Planning and Zoning Commission reported having considered the matter of request from CPS, Ltd. on behalf of Clark Piepkorn for preliminary approval of a subdivision plat of a Replat of Lot 22, Block 3, Blair-Satrom-Baukol Addition to the city of Grand Forks, ND (located at 2257 Springbrook Court), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.
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October 16, 1995

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

APPROVE APPOINTMENTS TO PLANNING AND ZONING
COMMISSION

President Hagness announced the appointment of Sheryl Smith to the Planning and Zoning Commission for the term expiring August 4, 2000, and asked for concurrence in this appointment. It was moved by Council Member Klave and seconded by Council Member Babinchak that this appointment be and is hereby approved. Carried 13 votes affirmative.

APPROVE APPOINTMENT TO CENTRAL BUSINESS
DISTRICT AUTHORITY

President Hagness announced the appointment of Pat Keeley to the Grand Forks Central Business District Authority for a three-year term expiring in September, 1998, and asked for concurrence in this appointment. It was moved by Council Member Klave and seconded by Council Member Babinchak that this appointment be and is hereby approved. Carried 13 votes affirmative.

APPROVE APPOINTMENT TO COMMITTEE
ESTABLISHING GUIDELINES FOR TAX EXEMPTIONS

President Hagness announced the appointment of Rod Middelsteadt, rep. Grand Forks School Board, as ex-officio non-voting member of the committee establishing guidelines for tax exemptions. The city auditor advised that the NDCC requires that the governing body of a municipality include during its deliberations on tax exemptions a non-voting ex officio member appointed by the school district. It was moved by Council Member Sande and seconded by Council Member Babinchak that this appointment be and is hereby approved. Carried 13 votes affirmative.

COUNCIL MEMBER GELLER REPORTED BACK

RECONSIDER MATTER OF DEMOLITION ORDER ON
PROPERTY AT 615 SOUTH 5TH STREET AND REFER
BACK TO COMMITTEE

Council Member Beyer moved to reconsider the council's previous action on October 3, 1995, relative to the issuance of an order of demolition of the house at 615 South 5th Street. The motion was seconded by Council Member Klave. Upon voice vote, the motion carried 14 votes affirmative, and President Hagness referred the matter back to the public service committee.

Dean Curran, who is in process of purchasing the property, stated he did not want to proceed without good title to the property.

APPROVE LISTING OF COMPARABLE AGENCIES
TO BE USED IN WAGE STUDY

The city auditor reported that representatives of Ralph Andersen & Associates, wage study consultants, have recommended listing of cities as comparable agencies to be used in the compensation survey portion of the wage study, and requested concurrence.

It was moved by Sande and Hanson that the listing of cities as recommended by the wage consultant in their communication of September 29 be accepted as comparable agencies in the compensation survey portion of the wage study. Carried 14 votes affirmative.

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October 16, 1995

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented and/or referred to committee as follows:
1) Council Member Beyer presented the matter of the ordinance re. curfew of minors to the council; President Hagness referred the matter to the public safety committee.
2) matter of increasing fine for stop sign violations from $21.00 to $30.00 was presented to the council; President Hagness referred the matter to the public safety committee.

DECLARE SUPPORT OF RECOMMENDATION TO
ESTABLISH TASK FORCE TO REVIEW COMMUNITY
CONCERN RE. GANG/JUVENILE VIOLENCE

A communication from Holly Jeanotte, Community Relations, re. concern that problem with gang/juvenile violence in the community was not being addressed, and establishing of a task force to review this concern, was presented and read.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that the council declare its support of the recommendation to establish a task force to review community concern, and that the matter be referred to the mayor's office for appointment of the task force. Carried 14 votes affirmative.

ADJOURN

It was moved by Council Member Hanson and seconded by Council Member Beyer that we do now adjourn. Carried 14 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Thomas M. Hagness, President of Council