Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Tuesday, July 6, 1993

The city council of the city of Grand Forks, North Dakota met in its regular session in the civic auditorium on Tuesday, July 6, 1993 at the hour of 7;30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; absent: Council Members Crawford, Shores, Geller - 3.

ADOPT ORDINANCE NO. 3302 RELATING TO SUNDAY
OPENING OF LIQUOR ESTABLISHMENTS

An ordinance entitled "An ordinance amending Article 2 of Chapter XXI of the Grand Forks City Code relating to various provisions of the Alcoholic Beverage Control Act", which had been introduced and passed on its first reading on June 21, 1993, was presented and read for consideration on second reading and final passage.

Howard Swanson, city attorney, reviewed changes in the ordinance, including amendment to the distance requirements, that Sunday opening law would allow alcoholic beverage establishments to be open from 12:00 noon to 1:00 a.m. on Monday, and law will take effect on August 1.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members McCabe, Hoeppner, Kulas, Carpenter, Lien, Johnson - 6; voting "nay": Council Members Beach, Hanson, Glassheim, Beyer, Hagness - 5. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3303 RELATING TO SUNDAY
GAMING REGULATIONS

An ordinance entitled "An ordinance amending Section 9-0305(3)(C) of the Grand Forks City Code relating to time restrictions for the conduct of games of chance", which had been introduced and passed on its first reading on June 21, 1993, was presented and read for consideration on second reading and final passage.

Mr. Swanson, city attorney, advised that this ordinance would allow gaming on licensed liquor premises between 12:00 noon and 1:00 a.m., that the effective date would be after publication of the ordinance, and his recommendation would be to amend with effective date of August 1.

It was moved by Council Member Hoeppner and seconded by Council Member Glassheim that the ordinance be amended to include an effective date of August 1, 1993. Carried 11 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, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3304, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1993 (HEALTH
DEPARTMENT-WELLNESS BUDGET)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993", which had been introduced and passed on its first reading on June 21, 1993, 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, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

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

Public Service Committee:
1) petition for paving in Birkholz' 4th Addition.

Planning and Zoning Commission:
1) review of street banner regulations.

REPORT OF BOARD OF ADJUSTMENTS

A communication from Bruce Melin, building inspector, was presented and read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Tuesday, June 22, 1993, that notice had been published as required and that the following appeals were heard: 1) NHD Property Management, 2215 Cumberland Road, request for variance to the required lot area requirements for mobile home parks to add two more units, described as Lot 1, Block A of Valley Park 4th Addition; appeal was approved as per plan; 2) Shawn and Brenda Kristjanson, 718 Cherry Street, request for variance to the accessory building requirements to construct a garage, with an 8 ft. variance to the 20 ft. setback being approved, garage door will be 12 ft. from the alley line; and 3) Ronald Fischer, 501 Belmont Road, request for variance to the accessory building requirements to construct a garage, with an 11 ft. variance from the required 20 ft. setback for a garage setback being approved, garage door will be 9 ft. from the alley line.

It was moved by Council Member Carpenter and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 11 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 93-11, dated July 6, 1993, and totaling $455,769.43, 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 Kulas and seconded by Council Member Hanson that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE APPLICATION FOR ABATEMENT OF TAXES ON
PROPERTY AT 1512 UNIVERSITY AVENUE

Committee No. 1, Finance, reported having considered the application for abatement of taxes for 1991 and 1992 by Roger and Connie Wagner, 1512 Univer-sity Avenue (Lots 17 and 18, Block 21, Budge and Eshelman's 3rd Addition), and recommended that the application be approved, and that the valuation be reduced to $25,600 for 1991 and 1992.

It was moved by Council Member Johnson and seconded by Council Member McCabe
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that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attor-ney. Carried 11 votes affirmative.

APPROVE REQUEST BY A.B.A.T.E TO HOLD ANNUAL
BLOOD DRIVE AND TOY RUN ON JULY 24

Committee No. 2, Public Safety, reported having considered the request by A.B.A.T.E. to hold annual "blood drive and toy run" on July 24, 1993, and recommended that the request be approved.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

AUTHORIZE STOP SIGN ON SOUTH 11TH STREET AT
INTERSECTION WITH 15TH AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the matter of stop signs for South 11th Street and 15th Avenue South intersection, and recommend-ed that we authorize installation of a stop sign on South 11th Street.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

AUTHORIZE INSTALLATION OF YIELD SIGNS ON 9TH
AVENUE SOUTH AT INTERSECTION WITH OAK STREET

Committee No. 2, Public Safety, reported having considered the request for yield or stop signs at 9th Avenue South and Oak Street, and recommended installation of yield signs on 9th Avenue South.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

APPROVE INSTALLATION OF CAMPGROUND INFORMATIONAL
SIGN AT 32ND AVENUE SOUTH AND SOUTH WASHINGTON STREET

Committee No. 2, Public Safety, reported having considered the matter of request for campground informational sign at 32nd Avenue South and South Washington Street, and recommended that we approve request for campground informational sign at 32nd Avenue South and Washington Street.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

APPROVE BUDGET AMENDMENT AND TRANSFER REQUESTS, AND
INTRODUCE ORDINANCE AMENDING ANNUAL APPROPRIATIONS
BILL ORDINANCE FOR 1993 (HEALTH DEPARTMENT)

A request for amendment to the health department budget in the amount of $1,197.00 had been reviewed by the public safety committee. It was moved by Council Member Hoeppner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Hanson introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993" (Health Department), which was presented, read and passed on its first reading.
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A request to transfer $1,085.00 within the fire department budget had been reviewed by the public safety committee. It was moved by Council Member Hoeppner and seconded by Council Member Beyer that this transfer be and is hereby approved. Carried 11 votes affirmative.

INTRODUCE ORDINANCE TO CONSOLIDATE FIRE ALARM
ORDINANCE AND EMERGENCY ALARM ORDINANCE

Committee No. 2, Public Safety, reported having considered the matter of consolidation of fire alarm ordinances and emergency alarm ordinances, and recommended that we introduce an ordinance for first reading.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

Council Member Hanson introduced an ordinance entitled "An ordinance amending Article 6, Chapter XII and Article 19, Chapter XXI, of the Grand Forks City Code relating to the transfer of authority for fire and emergency alarm systems to PSAP (Public Safety Answering Point)", which was presented, read and passed on its first reading.

AUTHORIZE NO PARKING ON PORTION OF NORTH
25TH STREET ADJACENT TO UNIVERSITY PARK DURING
SUMMERTHING IN THE PARK

Committee No. 2, Public Safety, reported having considered the matter of parking during events at University Park, and recommended that we authorize the street department to cover the "no parking" signs on North 25th Street and allow parking from University to 6th Avenue North on a temporary basis during Summerthing in the Park on July 24 and 25, 1993.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

APPROVE ENCROACHMENT ON GRAND FORKS CLINIC
PROJECT

Committee No. 3, Public Service, reported having considered the matter of the encroachment on the Grand Forks Clinic project, and recommended that we permit the encroachment to 4'7", subject to a hold harmless agreement.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

INTRODUCE ORDINANCE RELATING TO THE ELECTRICAL
CODE

Committee No. 3, Public Service, reported having considered the proposed ordinance amending Article 2 of Chapter 19 of City Code relating to the Electrical Code, and recommended to approve and to introduce ordinance for first reading.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

Council Member Carpenter introduced an ordinance entitled "An ordinance amending Article 2 of Chapter 19 of the Grand Forks City Code relating to the
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Electrical Code", which was presented, read and passed on its first reading.

ACCEPT BID FOR TRAFFIC PAINT

Committee No. 3, Public Service, reported having considered the matter of bids for traffic paint, and recommended that we accept the bid of Vogel Paint as follows: 990/gal. white traffic paint at $7.57/gal. for a cost of $7,494.30 and 770/gal. yellow traffic paint at $7.57/gal. for a cost of $5,828.90, with paint to be shipped in 55-gal. drums.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

RECEIVE AND FILE MATTER OF UPROOTING OF BERM
AT 701 NORTH 3RD STREET

Committee No. 3, Public Service, reported having considered the matter of uprooting of berm at 701 North 3rd Street, and recommended to receive and file.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

LEAVE MATTER OF DIAGONAL STRIPING OF STREET
AT GATEWAY AND 5TH STREET TO DISCRETION OF
ENGINEER-ING DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of diagonal striping at Gateway and 5th Street, and recommended that we leave to the discretion of the engineering department.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

AUTHORIZE RELOCATION OF SIDEWALK AT
2517 GLEN CIRCLE

Committee No. 3, Public Service, reported having considered the matter of sidewalk relocation at 2517 Glen Circle, and recommended that we authorize relation of the sidewalk.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

DIRECT HEALTH DEPARTMENT TO ENFORCE ORDINANCE
RE. MOWING OF GRASS ON BERMS

Committee No. 3, Public Service, reported having considered the matter of ordinance re. grass mowing on berms, and recommended that we direct the health department to enforce ordinance as printed and as part of notification go with two publications in the paper.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.
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AUTHORIZE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT 3821, STORM SEWER IN
RICHARD'S WEST ADDITION AREA

Committee No. 3, Public Service, reported having considered the matter of contract for design services for Project No. 3821, storm sewer in Richard's West Addition area, and matter of plans and specifications, and recommended approval of Amendment No.1 to the engineering agreement.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE FINAL ESTIMATE FOR PROJECT 3937,
REMODELING WATER TREATMENT PLANT ELEVATOR

Committee No. 3, Public Service, reported having considered the matter of contractor's affidavit of payment for labor, lien waiver and final estimate for Project No. 3937, remodeling water treatment plant elevator, and recom-mended that we authorize final payment in the amount of $4,250.00.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE ENGINEERING AGREEMENT FOR PROJECT
NO. 3832 WITH KBM, INC.

Committee No. 3, Public Service, reported having considered the matter of contract for design services, Project No. 3832, pre-aeration cells at waste-water treatment system in the amount of $79,343.55, and recommended that we enter into a contract with KBM, Inc. to prepare plans and specifications.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

AWARD BIDS FOR CONSTRUCTION OF DEMERS AVENUE
WALKWAY FROM 5TH STREET TO 5TH AVENUE SOUTH

The matter of bids for Project TEU-6-297(002) DeMers Avenue Pedestrian Walkway from 5th Street to 5th Avenue South taken by the North Dakota Department of Transportation, that low bid for sidewalk, fencing, and incidentals was submitted by White Properties, Inc. of Grand Forks (Valley Contracting) in the amount of $194,186.52, was presented to the city council.

Committee No. 3, Public Service, reported having considered the matter of bids for Project 3793, DeMers Avenue Bikepath (walkway), and recommended that we concur with the State Department of Transportation in the award of the bid to Valley Contracting Company in the amount of $194,186.52, with City's share estimated to be $40,734.00.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, 13186
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Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO AGREEMENT WITH NDDOT
FOR ENGINEERING SERVICES FOR PROJECT 3793,
DEMERS AVENUE BIKEPATH

Committee No. 3, Public Service, reported having considered the matter of agreement with ND Department of Transportation for engineering services for Project No. 3793, DeMers Avenue bikepath, and recommended that we authorize entering into an agreement with the North Dakota Department of Transportation for the City to provide engineering services on the project.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

ACCEPT QUOTE FOR TESTING SERVICES FOR PROJECT
3793, DEMERS AVENUE BIKEPATH

Committee No. 3, Public Service, reported having considered the matter of quotes for testing services for Project 3793, DeMers Avenue bikepath, and recommended that we accept the bid of Midwest Testing on a unit price basis, with estimated cost $3,907.50.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR INSTALLATION OF UTILITIES IN SUNBEAM 5TH
RESUBDIVISION

Committee No. 3, Public Service, reported having considered the matter of request by Gail and Duane Anderson to install utilities in City right of way (Block 2, Sunbeam 5th Resubdivision), and recommended that we approve request and authorize entering into a three-way agreement with CPS, Ltd. and the developers, Duane O. Anderson and Gail B. Anderson, with the City to provide inspection; and further that upon completion of the installation of the utilities that the City construct paving with costs to be special assessed, and that the utilities be considered in lieu of up-front monies.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE PRELIMINARY ENGINEERING FOR PAVING
ON HOMESTEAD CIRCLE

Committee No. 3, Public Service, reported having considered the matter of preliminary engineering for paving on Homestead Circle, and recommended that we authorize engineering staff to proceed with preliminary engineering on the project.

It was moved by Council Member Beyer and seconded by Council Member Glassheim
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that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

AUTHORIZE PRELIMINARY ENGINEERING FOR UTILITIES
AND PAVING ON SOUTH 20TH STREET

Committee No. 3, Public Service, reported having considered the matter of utilities on 20th Street south of 32nd Avenue South, and recommended that we approve preliminary engineering for utilities and street paving.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

AUTHORIZE ENGINEER TO PROCEED WITH PRELIMINARY
ENGINEERING AND TO PURSUE NEGOTIATIONS WITH STATE
AND STA-MART ON RELOCATION OF UTILITIES ON NORTH
47TH STREET

Committee No. 3, Public Service, reported having considered the matter of utility relocation on North 47th Street, and recommended that we authorize engineering to do preliminary engineering and to pursue negotiations with Department of Transportation and Sta-Mart on reaching acceptable agreement between all three parties.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

DIRECT THAT DEVELOPER PAY COSTS OF PAVING ON
NORTH SIDE OF 11TH AVENUE SOUTH FROM SOUTH
34TH STREET TO SOUTH 36TH STREET

Committee No. 3, Public Service, reported having considered the matter of paving 11th Avenue South from South 34th Street to South 36th Street, and request for waiver of up-front monies, and recommended that the developer pay for costs on the north side and assess south side.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

AWARD CONTRACT FOR PROJECT NO. 4099, LEACHATE
PUMPING STATION

Committee No. 3, Public Service, reported having considered the bids for Project No. 4099, leachate pumping station, and recommended that we award the bid to Molstad Excavating, Inc. for installation of pumper controls and concrete building in the amount of $28,900.00.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

AWARD CONTRACT FOR PROJECT NO. 3996, CONCRETE
FLOOR AT SANITATION EQUIPMENT BUILDING

Committee No. 3, Public Service, reported having considered the bids for concrete floor at sanitation equipment building, and recommended that we
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accept the bid of L. A. Anderson Construction n the amount of $11,245.00.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

TABLE MATTER OF RED RIVER FLOOD STUDY TO
JULY 19, 1993

Committee No. 3, Public Service, reported having considered the matter of Red River Flood Study by Corps of Engineers, and recommended that we enter into an agreement with the Corps of Engineers to perform feasibility study, using Option No. 2 financing method (repayment of local share over 10 years through refinancing of existing flood control bond issue with two-thirds of the cost to be paid through city-wide levy, and one-third through special assessment to properties within the 100-year flood plain).

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

Council Member Lien stated he would like to hold this matter for two weeks for additional information. Mayor Polovitz stated he would like to have noon meeting for council, county commissioners and perhaps Polk Co. commissioners to hear presentation from president of Red River Watershed Board.

It was moved by Council Member Hagness and seconded by Council Member Beach to table until July 19, 1993 meeting.

There was some discussion relative to effect of English Coulee diversion on properties in flood plain, when properties removed from flood plain, and from paying flood insurance. Mr. Vein reported that City hired consultant, CPS, Ltd., who is working on this matter.

Virginia Tupa, resident, appeared relative to this matter, questioned when property removed from flood plain.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative.

APPROVE APPLICATION BY SURE-FOOT, INC. FOR
GROWTH FUND MONIES

Committee No. 4, Urban Development, reported having considered the application for Growth Fund monies by Sure-Foot, Inc. and recommended approval of the application of Sure-Foot Corporation in the amount of $10,000.

It was moved by Council Member Hanson and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPLICATION FOR INDUSTRIAL PARK PROJECT
(EXPANSION OF FTZ BUILDING FOR T.A.G.) FOR
GROWTH FUND MONIES

Committee No. 4, Urban Development, reported having considered the application for Growth Fund monies for Industrial Park project (T.A.G. expansion in FTZ building), and recommended approval of the application in the amount of
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$50,000.

It was moved by Council Member Hanson and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE RENTAL REHAB APPLICATION AT 407
NORTH 6TH STREET

Committee No. 4, Urban Development, reported having considered the matter of rental rehab. application by Gary Kalinoski, 407 North 6th Street, and recommended approval of the application in the amount of $17,000, subject to availability of funds.

It was moved by Council Member Hanson and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE STOREFRONT APPLICATIONS

Committee No. 4, Urban Development, reported having considered the matter of storefront applications at 205 North 3rd Street in the amount of $3,220; 10 South 3rd Street, $800; and 217-219 South 4th Street, $7,000, and recommended approval of the applications.

It was moved by Council Member Hanson and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

SELECT ARCHITECT FOR BURDICK'S RESUBDIVISION
PROJECT

Committee No. 4, Urban Development, reported having considered the matter of report from selection committee on architect for Burdick's Resubdivision, and recommended award of the contract for A/E services to EAPC in the amount of $41,000 for five house designs, one major change to each, and minor changes as requested.

It was moved by Council Member Hanson and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

SELECT ARCHITECT FOR FTZ BUILDING EXPANSION

Committee No. 4, Urban Development, reported having considered the matter of architectural/engineering services for FTZ building, and recommended award of contract for A/E services to Kent Anderson Architect, P.C. in the amount of $29,250 and $5,000 for additional services.

It was moved by Council Member Hanson and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. 13190
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Mayor Polovitz declared the motion carried.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 244, dated June 30, 1993, and totaling $750,000.77, was presented and read.

It was moved by Council Member Hoeppner and seconded by Council Member Hanson that these estimates be and are hereby approved, and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; 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 city council: Sidewalk Project No. 3953, District No. 6; Street Lighting Project No. 3971, District No. 92; Project No. 3977, traffic signal installation at 11th Avenue South and Columbia Road; and Flood Control Project No. 4008.

It was moved by Council Member Kulas and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented and/or referred to committee as follows:
1) Council Member Beyer presented the matter of leash law for cats; Mayor Polovitz referred the matter to the public safety committee for consideration.
2) Council Member McCabe presented matter of median in front of Memorial Union; Mayor Polovitz referred the matter to the public service committee.

MATTER OF AIRPORT REVENUE BONDS

Council Member Lien stated that the council should take action on the matter of Airport Revenue Bonds.

Council Member Carpenter stated that all council members received list of questions by ad hoc committee and questioned whether they should deal only with bond issue or all issues that have been raised.

It was moved by Council Member Kulas and seconded by Council Member McCabe that only questions pertinent to bond issue be raised with the Airport Authori-ty.

Council Member Johnson stated he sees questions as legitimate questions, concerns with personnel, new fixed base operator going to operate fueling facility.

Mr. Holweger, ex-airport businessman, stated he had concerns re. bond issue;, questioned whether council has ever seen minutes of Board, financial state-ments. Mr. Swanson, city attorney, stated they are required to be filed with the city auditor's office. Mr. Holweger stated someone should check into financial stability of proposed operators; that he doesn't believe this will create any jobs, and questioned bringing in fixed base operator.

Dave Molmen, 398 Woodland Circle, member of the Airport Authority, thanked council for opportunity to serve, that he takes public service seriously; and
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that he would like to offer apology to Mr. Hagness and Mr. Johnson, that Board was remiss in not setting forward procedure for public comment, that they appreci-ate their comments and will respond to those comments at a future meeting. He stated he would like to make statement on his own behalf; wants to be open and responsive to this body, and appreciates calls re. council's concerns. He stated he has also talked to people from general aviation on issues, and to employees; that they have very difficult decisions before them, and their immediate concern is getting bond issue back on tract.

Dick Olson, Grand Forks Development Corporation, stated that council approved bond issue, then rescinded, and that hurts image of city; that they have two other companies interested in coming to Grand Forks.

Don Olson, attorney for Airport Authority, stated that bond issue relates to expansion of Federal Express; that bond issue relates to a maintenance facility for Corporate Air, not as a fixed base operator, that Corporate Air would do work at maintenance facility to be built here. He stated that the other thing before them is fuel farm agreement, and that is not tied to an FBO. He stated that no jobs have been lost and there are all kinds of alternatives, that nothing has been done in regard to jobs being lost, and he has talked to Authority members and they are concerned re. people losing jobs. He stated that Airport Authority is faced by tough decisions; that Airport Authority has business that needs to be done, and asked council to look at breadth and extent of the investigation.

Wayne Wetzel, 2339 South 17th Street, airport employee, stated that he attended June 10 meeting and they were told five employees would lose their jobs, that this was a "done deal" and not to fight it; that if they lose five fire-fighting jobs out there puts public and employees in jeopardy if there ever is a crash; and that they feel they are operating at a minimum now.

Mark Holy stated that he was owner of Aero Center One until August 27 of last year, that Corporate Air is the operating entity under contract with Federal Express, that contract can be cut at any time if they did not meet Federal Express' needs; that he doesn't believe that there will be a creation of new jobs for the maintenance facility; that what's going to occur is the building of a mainte-nance facility, which is needed at the Grand Forks Airport. He questioned the University of North Dakota's and University of North Dakota Aerospace Foundation's involvement in the operation of Aero Center I; that the probe into the bonds is a realistic question asking period and some of the other issues should be addressed also, but thinks it's managemen-t's intent at the airport to turn the complete operations over to a public entity, the Universi-ty of North Dakota.

Clint Rodningen, 2102 8th Avenue North, stated he would appreciate council letting the Board deal with this matter, that real issue is fueling facility, and that Board has not met since last council meeting.

Council Member Beach called for the question. Carried 11 votes affirmative.

Upon roll call vote the following voted "aye": Council Members Lien, Carpen-ter, Kulas, Beach - 4; voting "nay": Council Members Hagness, Johnson, Beyer, Glassheim, Hanson, Hoeppner, McCabe - 7. Mayor Polovitz declared the motion defeated.

Council Member Carpenter requested that he be removed from ad hoc committee and be replaced.

It was moved by Council Members Carpenter and Hoeppner that Council Member Hanson be named to replace Council Member Carpenter on the ad hoc committee. Carried 11 votes affirmative.
13192
July 6, 1993

DEFEAT MOTION TO SUSPEND RULES AND CONSIDER
APPOINTMENT TO THE AIRPORT AUTHORITY

It was moved by Council Member Beach to suspend rules and consider appointment to the Airport Authority Board; motion was seconded by Council Member McCabe. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Kulas, Carpenter, Lien - 5; voting "nay": Council Members Hoeppner, Hanson, Glassheim, Beyer, Johnson, Hagness - 6. Mayor Polovitz declared the motion defeated.

COUNCIL MEMBER MCCABE EXCUSED

APPROVE PAYMENT TO AETNA OF 1993 ACTUARIAL
PENSION COST

Committee No. 1, Finance, reported having considered the matter of payment of the 1993 actuarial pension cost per AEtna actuarial report, and recommended amortization of unfunded actuarial accrued liability over a 20-year period instead of the current 10 years and approve the payment of $420,232.00.

It was moved by Council Member Carpenter and seconded by Council Kulas that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Kulas, Hanson, Glass-heim, Carpenter, Lien, Beyer, Johnson, Hagness - 10; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE SALE OF EQUITABLE STOCK UNDER
DEFERRED COMPENSATION PLAN

Committee No. 1, Finance, reported having considered the matter of selling Equitable stock under Deferred Compensation Plan, and recommended that we authorize the sale of the shares of the Equitable stock, cash the dividend checks and apply cash from dividend checks to pay cost of selling the stock and deposit all remaining proceeds back to the employees for which the shares were issued.

It was moved by Council Member Carpenter and seconded by Council Member Kulas that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.