Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 16, 1993

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the Civic Auditorium on Monday, August 16, 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, Crawford, Carpen-ter, Beyer, Shores, Geller, Johnson - 12; absent: Council Members Lien, Hagness - 2.

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

INTRODUCE PSAP DIRECTOR TO COUNCIL

Mayor Polovitz introduced Dennis Koback, Public Safety Answering Point Director to the city council.

APPROVE MINUTES JUNE 14, 21, AND JULY 6, 1993

Typewritten copies of the minutes of the special meeting held on June 14, the adjourned meeting held on June 21, and the regular meeting held on July 6, 1993 were presented and read. It was moved by Council Member Kulas and seconded by Council Member Hoeppner that these minutes be approved as read. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3316, RE. CHARGES FOR
WATER BILLING AND DELINQUENT ACCOUNTS

An ordinance entitled "An ordinance amending Section 15-0118 of the Grand Forks City Code relating to charges for water billing and delinquent ac-counts", which had been introduced and passed on its first reading on August 2, 1993, was presented and read for consideration on second reading and final passage.

It was moved by Council Member Kulas and seconded by Council Member Glassheim that the Section 15-0118, subsection (2)(E) of the ordinance be amended to as follows: to change "A late payment fee of one and three-fourths percent of any charges for water furnished to any property shall be assessed....." to read "A late payment fee of one and three-fourths percent of any charges for goods and services...." Carried 12 votes affirmative.

Upon call for the question of adoption of this ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Geller, Johnson - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3317, AMENDING ZONING MAP
TO INCLUDE WITHIN MEDVUE 2ND PUD DISTRICT, CONCEPT
DEVELOPMENT PLAN, ALL OF BLUE PINES SECOND RESUB-
DIVISION AND INCLUDING A DETAILED DEVELOPMENT PLAN
FOR ONE AND TWO FAMILY RESIDENCE DISTRICT, BLOCK 1,
LOTS 1 AND 2

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the A-1 (Limited Develop-ment) District and a portion of amended Medvue PUD and to include within Medvue 2nd PUD (Planned Unit Development) District, Concept Development Plan, all of Blue Pines Second Resubdivision and including a Detailed Development
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Plan for One and Two Family Residence District, Block 1, Lots 1 and 2, Grand Forks, North Dakota", which had been introduced and passed on first reading on July 19, 1993, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Geller, John-son - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT FINAL PLAT; AND ADOPT ORDINANCE NO.
3318, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF THELMA'S FIRST ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Thelma's First Addition to the city of Grand Forks, North Dakota, located on a portion of Government Lots 2 and 3, Section 21, Falconer Township (North Columbia Road)", which had been introduced and passed on its first reading on July 19, 1993, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening, and further that to date no protests or grievances had been filed with his office.

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

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Thelma Olson and the First National Bank Trust Department for final approval of a plat of Thelma's First Addition, Grand Forks County, North Dakota, and recommended final approval, subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan; approval of a variance to the Land Development Code Section 18-0207(11)(B) pertaining to minimum plat size and the tentative layout for future smaller residential lots if it is deter-mined by the city attorney that it is within the jurisdiction of the Planning and Zoning Commission to do so.

It was moved by Council Member Glassheim and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

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, Crawford, Carpenter, Beyer, Shores, Geller, John-son - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 1820 4TH AVENUE NORTH
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The city auditor reported that the public hearing on the application by Bruce Larsen to move a building from 1820 4th Avenue North to be used as a garage had been published and posted.

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

Committee No. 3, Public Service, reported having considered the application for moving permit by Bruce Larsen to move building from 1905 5th Avenue North to 1820 4th Avenue North to be used as garage, and recommended that we approve application subject to applicant meeting conditions outlined by the building inspector, and subject to the public hearing.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved, and further that Mr. Larsen be and is hereby authorized to move the building. Carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST AGAINST
ADOPTION OF RESOLUTION WITH RESPECT TO THE
ISSUANCE OF NOT TO EXCEED $380,000 GENERAL
OBLIGATION TAX INCREMENT BONDS; AND ADOPT RESOLUTION

The city auditor reported that the initial resolution with respect to the issuance of not to exceed $380,000 General Obligation Tax Increment Bonds had been published on June 16, 1993, that the sixty-day protest period for filing of protests against the adoption of the resolution expired this date, and further that no protests or grievances had been filed with his office.

It was moved by Council Member Hanson and seconded by Council Member Shores that we do find an insufficiency of protest against the adoption of the resolution with respect to the issuance of not to exceed $380,000 general obligation tax increment bonds, and further that final adoption of the resolution be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Geller, Johnson - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Kulas and seconded by Council Member Carpenter that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 12 votes affirmative.

Public Safety Committee:
1) matter of marking fire lanes and increasing fine for illegally parking in fire lanes.

Public Service Committee:
1) application for moving permit to move garage to 1510 North 6th Street.
2) matter of drainage problem at 834 46th Avenue South.

APPROVE REPORTS

The city auditor's statement of changes in cash balances as of July 31, 1993, was presented and read.

It was moved by Council Member Kulas and seconded by Council Member Shores that this report be and is hereby received and filed. Carried 12 votes affirmative.

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REPORT OF BOARD OF ADJUSTMENTS

A communication from John Larson, acting secretary of the Board of Zoning Adjustments, was presented and read stating that the Board of Zoning Adjust-ments had held a public hearing on Thursday, August 12, 1993, that notice had been published as required and that the following appeals were heard: 1) James F. Johnson, 1514 South 16th Street (Lot 4, Block 10, Burke's Home Addition), request for variance to the accesso-ry building requirements for an addition to the garage, which was approved; 2) Grace Baptist Church, 700 24th Avenue South (Lots 1-10, Block 34, Cox's Addition), request for a variance to the landscaping requirements for a parking lot, which was approved.

It was moved by Council Member Shores and seconded by Council Member Glassheim that this report be and is hereby received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 93-14, dated August 16, 1993, and totaling
$1,020,-626.45, 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 Johnson 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, Crawford, Carpenter, Beyer, Shores, Geller, Johnson - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE WAGE NEGOTIATIONS

The Wage Committee reported having considered the matter of employee wage negotiations, and recommended approval of a $100.00 stipend payable to all full-time classified employees, payable the first working day of 1994 and contingent upon approval by the City employee; that if the City employees reject the offer, the offer for 1994 is zero.

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

Council Member Carpenter reported that the employees voted to reject the offer, and moved an amendment to the motion that the City employees receive no increase in salary; that two policies as negotiated be approved: 1) that compensatory time bank be increased to 60 hours; and 2) that a sick leave transfer from one employee to another in cases of emergency be allowed through December 31, 1996.

Don Beck, 120 Seward Avenue, shop steward and employee rep. for non-union members, reported that 267 employees voted no; 19 voted to accept the stipend; and 14 voted no and turned in comments.

After further discussion and upon call for the question on the amendment, and upon voice vote, the motion carried 12 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 11 votes affirmative; Council Member Glassheim voted no.

DECLARE TABLES AT CIVIC AUDITORIUM AS SURPLUS
AND AUTHORIZE SALE

Committee No. 1, Finance, reported having considered the request by civic
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auditorium to sell tables, and recommended to declare the property as surplus and to authorize sale.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

ADOPT RESOLUTION RELATING TO $1,650,000
REFUNDING IMPROVEMENT BONDS, SERIES 1993F,
CALLING FOR THE PUBLIC SALE THEREOF

Committee No. 1, Finance, reported having considered the matter of issuance of $1,650,000 Refunding Improvement bonds of 1993, and recommended that we adopt a resolution calling for the public sale thereof on September 20, and to approve bond covenants.

It was moved by Council Member Shores and seconded by Council McCabe that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Shores introduced the following resolution and moved its adoption: Document No. 6143 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member McCabe, and upon vote being taken thereon, the following voted in favor: Council Members Beach, McCabe, hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Geller, Johnson - 12; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the mayor and his signature attested by the city auditor.

ADOPT RESOLUTION AUTHORIZING ISSUANCE AND
CALLING FOR THE PUBLIC SALE OF $375,000 GENERAL
OBLIGATION TAX INCREMENT BONDS, SERIES 1993G

Committee No. 1, Finance, reported having considered the matter of issuance of $375,000.00 General Obligation Tax Increment Bonds for American Woods expan-sion project, and recommended to adopt resolution setting public sale of the bonds as September 20, 1993, and to approve bond covenants.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

Council Member Shores introduced the following resolution and moved its adoption: Document No. 6144 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member McCabe, and upon vote being taken thereon, the following voted in favor: Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Geller, Johnson - 12; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the mayor and his signature attested by the city auditor.

ADOPT RESOLUTION RELATING TO $305,000 GENERAL
OBLIGATION TAX INCREMENT BONDS, SERIES 1993H, CALLING
FOR THE PUBLIC SALE THEREOF

Committee No. 1, Finance, reported having considered the matter of proposed tax increment bond issue for Elks project, and recommended that we authorize issuance of $305,000 tax increment bonds and resolution setting terms.

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It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

Council Member Shores introduced the following resolution and moved its adoption: Document No. 6145 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member McCabe, and upon vote being taken thereon, the following voted in favor: Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Geller, Johnson - 12; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the city auditor.

APPROVE REQUEST BY D & H BEAUTY SUPPLY FOR
FIVE-YEAR PROPERTY TAX EXEMPTION AT 2501 DEMERS

Committee No. 1, Finance, reported having considered the request for property tax exemption for D & H Beauty Supply, and recommended that we approve the application for the five-year property tax exemption as follows: 100% for the first year, 80% the second year, 60% third year, 40% fourth year and 20% the fifth year.

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

Dick Olson, Grand Forks Development Foundation, stated that the project cost $700,000 in new construction and improvements at 2501 DeMers Avenue, will create 25-30 jobs; and that application still under discussion by Growth Fund committee.

Mel Carsen, city assessor, reported that the $700,000 in improvements would create $52,500 in taxes over 5-year period.

Council Member Carpenter stated that the council and Growth Fund Committee need to look at projects jointly, need to look at as one package.

It was advised by the city attorney that this matter will be back before the council to hear any protests, etc. to the project.

Council Member Shores asked to be excused from voting on this matter. It was moved by Council Members Kulas and Beach that Council Member Shores be excused from voting on this issue. Carried 11 votes affirmative.

Upon call for the question and upon roll call, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Beyer, Shores, Geller, Johnson - 11; voting "nay": Council Member Carpenter - 1. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDERS FOR CITY HALL EXPANSION
PROJECT

Committee No. 1, Finance, reported having considered the matter of change orders for City Hall expansion project, and recommended that we approve Change Order #F-VI in the amount of $10,047.69, and Change Order #G-XXV in the amount of $9,007.00.

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

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Linda Edgar, EAPC, reviewed change orders, CO #F-VI which was for furniture, additional painting, etc., and CO#G-XXV for building.

After some discussion and upon call for the question and upon roll call, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Geller, Johnson - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE TEMPORARY PARKING RESTRICTIONS
AT 2216 1ST AVENUE NORTH

Committee No. 2, Public Safety, reported having considered the request for handicapped parking space at 2216 1st Avenue North, and recommended that we provide temporary "no parking here to driveway" signs, and when construction at EERC completed, to remove the signs.

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

APPROVE REQUEST FOR SEASONAL PARKING
RESTRICTIONS ON PORTION OF 27TH AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the request from street department for seasonal parking restrictions on 27th Avenue south from South 23rd Street to South 25th Street for snow removal, and recommended that we approve the request.

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

AUTHORIZE RELOCATION OF DRIVEWAY FOR VALLEY
HO TRAILER COURT IN NORTH COLUMBIA ROAD
RECONSTRUCTION PROJECT

Committee No. 2, Public Safety, reported having considered the matter of traffic problem at Valley Ho Trailer Court (motorists traveling through trailer court from Highway 81 North to North Columbia Road), and recommended that we include in the plans for North Columbia road reconstruction the relocation of the driveway for Valley Ho Trailer Court.

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

INTRODUCE ORDINANCE TO AMEND ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1993 (HEALTH
DEPARTMENT NUTRITION DENTAL HEALTH BUDGET)

A request for budget amendment to reflect new nutrition grant (dental health) in the amount of $3,214.00 had been reviewed by the public safety committee. It was moved by Council Member Hoeppner and seconded by Council Member Crawford that this amendment be approved. Carried 12 votes affirmative.
Council Member Crawford introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993" (Health Department Nutrition Dental Health), which was presented, read and passed on its first reading.


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INTRODUCE ORDINANCE TO ALLOW SALE OF
PULLTABS ON SUNDAYS IN BINGO ESTABLISHMENTS

Committee No. 2, Public Safety, reported having considered the request to allow sale of pulltabs on Sunday in bingo establishments, and recommended that we instruct the city attorney to draw proposed ordinance with hours to stay same as bingo, and that the ordinance be introduced for first reading.

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

Council Member Crawford introduced an ordinance entitled "An ordinance amending Section 9-0305 (3) of the Grand Forks City Code relating to the times for conducting of games of chance", which was presented, read and passed on its first reading.

APPROVE REQUEST BY PHI DELTA THETA FRATERNITY
FOR NOISE VARIANCE DURING OUTDOOR DANCES

Committee No. 2, Public Safety, reported having considered the request by Phi Delta Theta Fraternity to hold outdoor dances on August 29 and 30, 1993 and request for noise variance, and recommended approval of request with variance to noise ordinance until 12:00 midnight.

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

HOLD MATTER OF REQUEST TO PARK ON BERM AT 628
7TH AVENUE SOUTH FOR TWO WEEKS

Council Members Beyer and Beach asked that the matter of request for permis-sion to park on berm in front of property at 628 7th Avenue South be held for two weeks. Carried 12 votes affirmative.

DIRECT THAT BUSINESS AT 1612 1ST AVENUE NORTH
OPERATING IN RESIDENTIAL AREA BE GIVEN 6 MONTHS
TO FIND OTHER QUARTERS FOR THIS BUSINESS

Committee No. 3, Public Service, reported having considered the matter of enforcement of ordinance against commercial enterprises operating in residen-tial area (1612 1st Avenue North), and recommended that the ordinance be enforced and Mr. Nelson be given six months to find other quarters for his business.

It was moved by Council member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

AUTHORIZE SIGN ON BERM AT 1402 SOUTH
WASHINGTON STREET BY SIMONSON STATION STORE

Committee No. 3, Public Service, reported having considered the matter of request for variance to sign on berm at 1402 South Washington Street by Simonson Station Stores, and recommended that we approve the site drawing and site plan, and recommend to the State to allow temporary encroachment in the State R/W conditioned upon the fact that any expense in the future in the event the State reverses itself, would be borne by the owner.

It was moved by Council Member Glassheim and seconded by Council Member Beyer
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that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

APPROVE RELOCATION OF UTILITY EASEMENT IN
BLOCK 2, C & N RESUBDIVISION

Committee no. 3, Public Service, reported having considered the matter of easement for relocation of utility easement in Block 2, C & N Resubdivision (1812 Gateway Drive), and recommended to accept utility easement, contingent upon filing drawing showing location.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

AUTHORIZE USE OF CITY PERSONNEL AND EQUIPMENT
FOR MOWING ALONG ARTERIAL STREETS

Committee No. 3, Public Service, reported having considered the matter of mowing grass along 32nd Avenue South corridor, and recommended that we authorize use of City personnel and equipment for mowing (along arterial streets).

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4050, UPGRADING PUMPING STATION NO. 25

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project 4050, upgrade pumping station No. 25, and recommended that we approve plans and specifications, and authorize call for bids to be due on September 24.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.
**
APPROVE PLANS AND SPECIFICATIONS FOR PAVING
PROJECT NO. 4124, SOUTH 20TH STREET

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4124, paving South 20th Street, and recommended approval of the plans and specifications and to authorize City's share of the project from Highway Users' funds.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Geller, Johnson - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDER FOR DEMERS AVENUE
RECONSTRUCTION, PHASE I

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 8 on DeMers Avenue reconstruction, Phase I, and recommended that we approve the change order granting extension of completion dates as noted in the change order.
**See Page 13245.1
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August 16, 1993

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

AUTHORIZE ENGINEERING DEPARTMENT TO PROCEED
WITH TRAFFIC SIGNALS ON 32ND AVENUE SOUTH AND
SOUTH 20TH STREET, CONTINGENT UPON PROPERTY OWNERS
PAYING PORTION OF COST

Committee No. 3, Public Service, reported having considered the matter of traffic signals on 32nd Avenue South and South 20th Street, and recommended that we authorize engineering department to negotiate and proceed if private parties will pay half the cost, with City's share from Highway Users' funds.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beyer, McCabe, Hoeppner, Kulas, hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Geller, Johnson - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO AGREEMENT WITH NORTH
DAKOTA STATE DEPARTMENT OF TRANSPORTATION FOR
PRELIMINARY ENGINEERING FOR PROJECT SU-6-986(034)037
6TH AVENUE NORTH RECONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of preliminary engineering agreement for City Project 4044, 6th Avenue North reconstruction, (State Project SU-6-986(034)037), and recommended that we approve preliminary engineering agreement with the North Dakota Department of Transportation.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Geller, Johnson - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

INTRODUCE ORDINANCE AMENDING ANNUAL APPROPRIATIONS
BILL ORDINANCE FOR 1993 (SANITATION DEPARTMENT)

The Public Service Committee reported having considered a budget amendment request to reflect increase in revenues due to grant from Solid Waste Manage-ment Fund for multi-family recycling pilot project, and recommended the amendment in the amount of $17,893-.62.

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

Council Member Hanson introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993" (Sanitation Department), which was presented, read and passed on its first reading.

GRANT EXTENSION TO CONSTRUCT SIDEWALKS
IN GLENN CIRCLE

Committee No. 3, Public Service, reported having considered the matter of delaying three sidewalks in Glenn Circle: Guy Ford, Lot 19; Michael Swanson, Lots 21-23; and Maureen O'Connell, Lot C-C; and recommended that we grant extension to June 1, 1994.

It was moved by Council Member Glassheim and seconded by Council Member Beyer
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that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

APPROVE STOREFRONT APPLICATIONS

Committee No. 4, Urban Development, reported having considered the matter of storefront application for Whiskey Point Saloon, 23 South 3rd Street, and recommended that we approve storefront application with cost to the City in the amount of $7,900.00.

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, Crawford, Carpenter, Beyer, Shores, Geller, Johnson - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 4, Urban Development, reported having considered the matter of storefront application at 317-319 DeMers Avenue, and recommended that Communi-ty Development pay the cost of $263.00 for removal of existing Mandel's sign, and cost share up to $1600 for installation of an awning.

It was moved by Council 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, Glass-heim, Crawford, Carpenter, Beyer, Shores, Geller, Johnson - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE REQUEST BY C.L. REILLY TREE MOVING,
INC. TO BID COMMUNITY DEVELOPMENT PROJECTS

Committee No. 4, Urban Development, reported having considered the request by C. L. Reilly Tree Moving, Inc. to bid Community Development projects, and recommended that we acknowledge that Curt Siewert (Community Development employee) has controlling interest in the C. L. Reilly Tree Moving, Inc., that Mr. Siewert be separated from the bidding process and that he not be involved in planning or design of the project and awarding of bids.

It was moved by Council Member Hanson and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

AUTHORIZE ADDITIONAL FUNDS FOR NATIONAL
WEATHER SERVICE FACILITY

Committee No. 4, Urban Development, reported having considered the matter of request for additional funds for National Weather Service facility, and recommended that we approve 97,000 sq.ft. at $1.20 sq.ft.

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, Crawford, Carpenter, Beyer, Shores, Geller, Johnson - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE FINAL PLAT OF REPLAT OF COLUMBIA
PARK 14TH ADDITION, BLOCK 1, LOT 2

The City Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Arthur Greenberg, Jr. for final approval of a Replat of Columbia Park 14th Addition, Block 1, Lot 2, Grand Forks, ND (located in the northwest corner of 32nd Avenue South and South 34th 13248
August 16, 1993

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

It was moved by Council Member Glassheim and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

APPROVE FINAL PLAT OF REPLAT OF BFM 4TH
RESUBDIVISION, BLOCK 1, LOT 3

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Fritz Mikkelson and others for preliminary administrative review and final approval of the Replat of BFM 4th Resubdivision, Block 1, Lot 3, Grand Forks, ND (located at 2851 South Columbia Road), and recommended final approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Glassheim and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

APPROVE FINAL PLAT OF BFM PUD (APPLEBEE'S)
BFM 4TH RESUBDIVISION, BLOCK 1, LOT A

The City Planning and Zoning Commission reported having considered the matter of the request from Myron Thompson on behalf of Applebee's and the present property owners, for preliminary administrative review and final approval of BFM PUD (Planned Unit Development) Applebee's, BFM 4th Resubdivision, Block 1, Lot A (located at 2851 South Columbia Road), and recommended final approval subject to special conditions as shown on or attached to the review copy.

It was moved by Council Member Glassheim and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

APPROVE FINAL PLAT OF REPLAT OF STRATA
RESUBDIVISION, BLOCK 1, LOTS 1 AND 2

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Strata Corporation and Simplot for preliminary administrative review and final approval of a Replat of Strata Resubdivision, Block 1, Lots 1 and 2, Grand Forks, ND (located north of Gateway Drive and west of North 36th Street), and recommended final approval subject to special conditions as shown on or attached to the review copy.

It was moved by Council Member Glassheim and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

ACCEPT PETITION FOR VACATION OF UTILITY
EASEMENT IN BLOCK 2, C & N RESUBDIVISION

The City Planning and Zoning Commission reported having considered the petition from Paul Cox on behalf of Grand Forks Welding and Machine Company for approval to vacate a portion of a 20-foot wide east/west utility easement lying in C & N Resubdivision, Block 2, Lot 3, 4, 5 and 14, and recommended approval of the petition to vacate subject to the following: 1) The conveyance of a utility easement to the city of Grand Forks to replace the utility easement to be vacated; 2) The entire cost of utility relocation is at the property owner's expense; 3) The effective date for the vacation of existing utility easement is when the existing utilities are relocated to the satisfac-
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tion of the city engineer; and to set the date of the public hearing for September 7, 1993. (Note: public hearing was set by council on August 2, 1993)

It was moved by Council Member Glassheim and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

RECEIVE AND FILE REQUEST TO AMEND TEXT OF
LAND DEVELOPMENT CODE, SECTION 18-0301, SIGNS
IN PUD DISTRICTS RE. FREE-STANDING BUSINESS SIGNS

The City Planning and Zoning Commission reported having considered the matter of referral from the Grand Forks city council for consideration of an ordi-nance to amend the text of the Land Development Code, Section 18-0301, Signs, subsection (9) Signs in a PUD District relating to free-standing business signs, and recommended receiving and filing the referral with no action to change the present code.

It was moved by Council Member Glassheim and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

APPROVE PRELIMINARY PLAT OF ULLAND'S FIRST
ADDITION, AND INTRODUCE ORDINANCE TO AMEND
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF ULLAND PARK
1ST ADDITION

The City Planning and Zoning Commission reported having considered the matter of request from CPS, Ltd. on behalf of the Grand Forks Park District of Grand Forks, ND for preliminary approval of a plat of Ulland Park 1st Addition (located south of 47th Avenue South and east of South Columbia Road), and recommended preliminary approval subject to special conditions shown on or attached to the review copy; to introduce the ordinance amending the Street and Highway Plan, and to set the date of the public hearing for September 7, 1993.

It was moved by Council Member Glassheim and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirma-tive.

Council Member Glassheim introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Ulland Park 1st Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.