Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, November 1, 1993

The city council of the City of Grand Forks, North Dakota met in its regular session in the civic auditorium on Monday, November 1, 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, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; absent: none.

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.

SUSPEND ORDER OF BUSINESS AND CONSIDER ITEM
RELATIVE TO SNOWMOBILE ROUTE PLAN

Mayor Polovitz asked for a motion to suspend the order of business on the agenda to consider the item relative to the snowmobile route plan because of the large number of people in the audience relative to that item. It was moved by Council Member Geller and seconded by Council Member Beyer to suspend the order of the agenda and consider the matter of the snowmobile route plan. Carried 14 votes affirmative.

APPROVE PROPOSED ROUTE PLAN, AND INTRODUCE
ORDINANCE REGULATING THE OPERATION OF SNOWMOBILES
WITHIN THE CORPORATE LIMITS OF THE CITY

Committee No. 2, Public Safety, reported having considered the matter of snowmobile route plan, and recommended approval of the trail starting at the river and trailhead on 27th Avenue North, Mill Road and North Columbia Road, west on Gateway, down 42nd and ending at 32nd Avenue South and South Columbia Road at the edge of the city; to instruct the city attorney to draft an ordinance with 15 mph speed limit, hours of operation from 8:00 a.m. to 11:00 p.m., commencing December 1 and ending April 1; and to introduce for first reading.

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

Howard Swanson, city attorney, reviewed proposed ordinance with the council; that ordinance establishes route system from December 1 through April 1, allows chief of police to alter use of trail because of weather, lack of snow, or other obstruction without coming back to council; requires safety committee to act on trail annually, and mayor to prohibit during storms, etc.; that ordinance prohibits on private property and on public property where prohibited.

After some discussion it was moved by Council Member Beach and seconded by Council Member Johnson to delete the portion of the trail from Gateway Drive to 32nd Avenue South.

There was some discussion re. portion of the trail in bike lanes on Columbia Road, and it was noted that there are lanes on both sides of the street; and removing snow from streets during plowing of the streets. Randy Sattler, 815 South 22nd Street, representing snowmobilers, stated there is need for minimum of 2 inches of snow to be on groomed trail, if not trail closed and signs so stating would be installed. He also noted they would take care of grooming trails.

Upon call for the question on the amendment, and upon roll call vote, the following voted "aye": Council Members Johnson, Beach - 2; voting "nay":
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Council Members Crawford, Carpenter, Lien, Beyer, Shores, Geller, Hagness, McCabe, Hoeppner, Kulas, Hanson, Glassheim - 12.

After further discussion it was moved by Council Member Glassheim and seconded by Council Member Beach that any route changes be presented to council for final approval. Carried 14 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 13 votes affirmative; Council Member Johnson voting against the motion.

Council Member Beyer introduced an ordinance entitled "An ordinance adopting Article 17, Chapter VIII of the Grand Forks City Code relating to the regulation of operation of snowmobiles within the corporate limits of the city of Grand Forks, which was presented, read and passed on its first reading.

ADOPT ORDINANCE NO. 3339, RE. ISSUANCE FEES
FOR ALCOHOLIC BEVERAGE LICENSES

An ordinance entitled "An ordinance amending Section 21-0210 of the Grand Forks City Code relating to issuance fees for alcoholic beverage licenses", which had been introduced and passed on its first reading on October 18, 1993, 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3340, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1993 (TRAFFIC SAFETY PROGRAM)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993" (Traffic Safety Program), which had been introduced and passed on its first reading on October 18, 1993, 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried and the ordinance adopted.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Kulas and seconded by Council Member Hoeppner that the consent agenda items be referred to committee for investigation, consideration and report back with recommendation. Carried 14 votes affirmative.

Finance Committee:
1) Matter of microcomputer/related equipment upgrade proposal.
2) Matter of automated utility bill payment.

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from Bruce Melin, building inspector, was presented and read stating that the Board of Zoning adjustments had held a public hearing in the civic auditorium on Thursday, October 28, 1993, that notice had been published 13342
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as required and that the following appeals for variance were heard: 1) Sherida Naastad, 214 Circle Hills Drive, request for variance to the side and rear yard setback requirements to erect an addition to the dwelling on Lot 5, Block 14, Sun-Beam Addition, application withdrawn; 2) Anders B. Norstebon, 505 Oak Street, request for variance to the side yard setback requirements to erect an addition to the dwelling on north one-half of Lot 21, all of Lot 22, Block 15, Holes Central Addition; and Board allowed a 3 ft. sideyard on the north side for front and rear additions to the dwelling; 3) Marland Lee, 3310 Belmont Road, request for variance to the side yard setback requirements to construct an addition to the dwelling (Section 18-0208(9) of the Land Development Code), described as Lot 6, Block 4 of Sunnyside Terrace Addition, and the Board allowed a 6 ft. side yard on the north side for an addition to the house.

It was moved by Council Member Hanson and seconded by Council Member Hoeppner that this report be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 93-19 dated November 1, 1993 and totaling $760,714.62, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Shores and seconded by Council Member Kulas 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, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

ADOPT POLICY RE. PAYMENT OF UNUSED ANNUAL
LEAVE UPON TERMINATION OF EMPLOYMENT

Committee No. 1, Finance, reported having considered the matter of ordinance amendment re. extended leaves and benefits allowed for City employees, and recommended that we adopt the policy and its intent - Document No. 6187 - Policy.

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

AUTHORIZE ENTERING INTO LEASE WITH U.S. POSTAL
SERVICE FOR LEASING OF SPACE IN CITY CENTER MALL

Committee No. 1, Finance, reported having considered the matter of lease of old NSP property to U.S. Postal Service for 15 years at $4.00 per square foot, and recommended that we authorize execution of a lease with the U.S. Postal Service for 10 years as negotiated, at $4.00/sq.ft., with three five-year options with renegotiation.

It was moved by Council Member Shores 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO LEASE WITH STATE
HIGHWAY PATROL FOR SPACE IN POLICE BUILDING

Committee No. 1, Finance, reported having considered the matter of lease with
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State Highway Patrol, and recommended that we authorize the proper City officials to enter into the lease, subject to final approval by the city attorney.

It was moved by Council Member Shores 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CANCELLATION OF SIDEWALK ASSESSMENTS
UNDER CIP POLICY

Committee No. 1, Finance, reported having considered the matter of sidewalk assessment cancellation ($215.66) on Lots 11 and 12, Block 23 of Budge & Eshelman's 3rd Addition by Don K. and Joann Cooksey under the low income section of the Capital Improvements Plan, and recommended that we cancel the assessments and that payment be made from Highway Users' Funds.

It was moved by Council Member Shores 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDERS FOR CITY HALL PROJECT

Committee No. 1, Finance, reported having considered the matter of change orders for the City Hall expansion project: a) G-26 $10,790 to Peterson Construction, and request by contractor for an additional 14 days time to complete the project; b) M-6 $12,153.00 to C.L. Linfoot Company, and recommended to accept and authorize payment of the change orders.

It was moved by Council Member Shores 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE JOB DESCRIPTION FOR PERSONNEL
ASSISTANT

Committee No. 1, Finance, reported having considered the matter of approval of job description for personnel assistant, and recommended to accept the job description as presented.

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

DENY REQUEST FOR REIMBURSEMENT OF RELOCATION
EXPENSES FOR PSAP OFFICER

Committee No. 1, Finance, reported having considered the matter of reimbursement of relocation expenses for PSAP Officer, and recommended that we deny the request.

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

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RECEIVE AND FILE MATTER OF COMPLAINT RE.
EXCESSIVE RENT INCREASES

Committee No. 1, Finance, reported having considered the matter of excessive rent increases (Joseph Campa), and recommended to receive and file.

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

Council Member Glassheim questioned whether there was any other response we could make, sometimes things change by bringing to public attention. There was some discussion whether there was adequate housing available. John O'Leary of Urban Development reported that Dept. of Housing conducts survey of fair market rents to determine how much HUD subsidizes rent for low and moderate income people; and also that they have conducted survey of housing needs for CHAS; and those numbers available.

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

APPROVE PAYMENT OF NOTE ON LINNELL BUILDING
IN INDUSTRIAL PARK, AND INTRODUCE ORDINANCE
AMENDING ANNUAL APPROPRIATIONS BILL ORDINANCE

Committee No. 1, Finance, reported having considered the matter of payment of note on Linnell building in Industrial Park, and recommended to approve, and authorize payment of the balance of the unpaid mortgage in the amount of $168,572.54, and to release the Grand Forks Development Foundation from its management responsibilities for the building, with said funds to be paid from the surplus sales tax account and repair in annual payments of $28,416.00.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved, and that an ordinance be introduced amending annual appropriations bill ordinance. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

Council Member Shores introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993" (General Fund and Economic Development Budget), which was presented, read and passed on its first reading.

RECEIVE AND FILE REQUEST FOR REMOVAL OF LOADING/
UNLOADING ZONE ON DEMERS AVENUE IN FRONT OF
SCHOOL ADMINISTRATION OFFICE

Committee No. 2, Public Safety, reported having considered the request by KD's on DeMers for removal of unloading zone on DeMers in front of School Administration Offices, and recommended to receive and file.

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

AUTHORIZE 15-MINUTE PARKING SPACES AT FEDERAL
BUILDING

Committee No. 2, Public Safety, reported having considered the matter of changing the length of time permitted for parking on 1st Avenue North and North 4th Street in front of Federal Building as requested by IRS, and
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recommended to authorize four 15-minute parking spaces on North 4th Street from 1st Avenue North to the alley from January 1 through April 30.

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

APPROVE SIGNING MODIFICATIONS AROUND NEW
POST OFFICE BUILDING

Committee No. 2, Public Safety, reported having considered the request for signing modifications around the new Post Office including the following: 1) removal of parking on South 25th Street between 28th and 30th Avenues South on the west side of the street; 2) installation of a stop sign on 30th Avenue South for westbound traffic approaching the South 25th street intersection, and recommended that we approve the request.

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

AUTHORIZE REMOVAL OF PARKING SPACES ON
WEST END OF 11TH AVENUE NORTH AT NORTH
20TH STREET

Committee No. 2, Public Safety, reported having considered the matter of consideration of removing one parking stall on the west end of 11th Avenue North at North 20th Street, and recommended that we authorize removal of two additional parking spaces on the north side of the street.

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

RESTRICT PARKING TO ONE SIDE OF SOUTH 17TH
STREET BETWEEN 28TH AND 32ND AVENUES SOUTH

Committee No. 2, Public Safety, reported having considered the matter of restricting parking to one side of the street on South 17th Street between 28th Avenue South and 32nd Avenue South, and recommended to remove parking on the west side of the street from 28th Avenue South to 32nd Avenue South.

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

APPROVE WAIVE OF HEIGHT REQUIREMENTS FOR
DOWNTOWN CHRISTMAS DECORATIONS

Committee No. 2, Public Safety, reported having considered the matter of waiver on height requirements for downtown Christmas decorations, and recommended that the decorations be placed at a minimum height of 14.5 feet, subject to signing of a hold harmless and indemnity agreement.

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

APPROVE PARKING REGULATIONS IN CITY HALL
PARKING LOTS

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Committee No. 2, Public Safety, reported having considered the matter of City Hall parking, and recommended approval to sign the south lot on 2nd Avenue North for overflow "Red Lot" parking; the lot would be restricted only from 7:00 a.m. to 6:00 p.m.; the School District has agreed to let the City use this as part of the Red Lot with the stipulation that 3 stalls be designated for School District staff; that in addition 7 new Red Lot permits will be distributed by the mayor's office to the following: 5 assessing department; 1 city attorney; and 1 management information services; and that the only change in the north lot is to post 8 parking spaces for engineering/inspection use only and relocate the handicapped parking stall closer to the approach walk entrance to the City Hall annex.

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

RECEIVE AND FILE MATTER OF FUTURE SPECIAL
ASSESSMENTS IN JOHNSON'S 1ST ADDITION

Committee No. 3, Public Service, reported having considered the matter of 11th Avenue South and South 34th Street special assessments in Johnson's 1st Addition, 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 14 votes affirmative.

APPROVE PAINTING OF MURAL ON LACAMPANA
RESTAURANT

Committee No. 3, Public Service, reported having considered the matter of painting mural on LaCampana Restaurant (Land Development Code 18-0301), and recommended to approve painting of the mural.

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

AUTHORIZE ENTERING INTO CONTRACT WITH KBM,
INC. FOR PRELIMINARY ENGINEERING FOR PROJECT
4109, BRIDGE REPLACEMENT ON 42ND STREET

Committee No. 3, Public Service, reported having considered the matter of preliminary engineering contract for Project No. 4109, bridge replacement on 42nd Street, and recommended that we enter into a contract with KBM, Inc. for preliminary engineering in the amount of $28,000.

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, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO CONTRACT WITH CPS,
LTD. FOR PRELIMINARY ENGINEERING FOR PROJECT
3947, BIKEPATH ALONG ENGLISH COULEE

Committee No. 3, Public Service, reported having considered the matter of preliminary engineering contract for Project No. 3947, bikepath along English Coulee from 17th Avenue South to DeMers Avenue, and recommended that we enter into a contract with CPS, Ltd. in the amount of $17,000 for preliminary
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engineering.

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, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT 4006,
DEMERS AVENUE RECONSTRUCTION, PHASE II

Committee No. 3, Public Service, reported having considered the matter of change order No. 5 for DeMers Avenue Phase II, Project No. 4006, and recommended that the change order in the amount of $655.00 be approved.

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, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

ACCEPT BID OF FARGO ELECTRIC FOR PROJECT NO.
4132, TEMPORARY TRAFFIC SIGNAL AT 32ND AVENUE
SOUTH AND SOUTH 20TH STREET

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for Project No. 4132, temporary traffic signal at 32nd Avenue South and South 20th Street, and recommended to accept the low bid of Fargo Electric Construction, Inc. in the amount of $41,788.80.

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, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR
RELOCATION OF UTILITIES ON 47TH AVENUE NORTH

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for relocation of utilities on 47th Avenue North, and recommended that we approve the plans and specifications, and authorize call for bids by the ND State Department of Transportation in conjunction with the Gateway Drive project.

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

AUTHORIZE ENTERING INTO CONTRACT WITH WEBSTER,
FOSTER AND WESTON FOR PRELIMINARY ENGINEERING
FOR PROJECT NO. 4044, RECONSTRUCTION OF 6TH
AVENUE NORTH

Committee No. 3, Public Service, reported having considered the matter of preliminary engineering contract for Project No. 4044, 6th Avenue North reconstruction, and recommended that we enter into a contract with Webster, Foster & Weston for preliminary engineering in the amount of $45,000, contingent upon approval by the ND State Department of Transportation.

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.

It was noted that warranting study will be made and public hearing held.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPLICATION FOR STOREFRONT FOR BERG
BUILDING IN CITY CENTER MALL

Committee No. 4, Urban Development, reported having considered the application for storefront in City Center Mall, Berg building, and recommended that we approve the application for storefront for CompuSave in the amount of $345.00, and waive match requirements.

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, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

DENY REQUEST TO SUBORDINATE RENTAL REHAB
LOAN

Committee No. 4, Urban Development, reported having considered the matter of request from Todd Nedberg to subordinate his rental rehab. loan for property at 102-108 4th Avenue South (Lots 2 and 3, Block 3, Hubert's Addition), and recommended to deny the request to subordinate the loan.

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

APPROVE REQUEST FROM GRAND FORKS COUNTY
HISTORICAL SOCIETY FOR IMPROVEMENTS ON GROUNDS

Committee No. 4, Urban Development, reported having considered the matter of request from Grand Forks County Historical Society for improvements on grounds, and recommended that we approve transfer of $500.00 from Litter Pick-up Project to the Historical Society for cost of moving infrastructure.

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, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

SET PUBLIC HEARING FOR FY 1994 FEDERAL TRANSIT
ADMINISTRATION SECTION 9 GRANT REQUEST

The Bus Committee reported having considered the matter of setting a public hearing date for the FY 1994 Federal Transit Administration Section 9 Grant request, and recommended that the public hearing be held on December 6, 1993 at the regular city council meeting.

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

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APPROVE APPOINTMENTS TO CIVIL SERVICE CODE
REVIEW COMMITTEE

Mayor Polovitz announced the appointment of Council Members Shores (chairman), Carpenter, Crawford, and Glassheim to the Civil Service Code Review Committee, with the personnel officer, city attorney as staff, and mayor as advisory, and asked for concurrence in the appointment of this committee. It was moved by Council Member Kulas and seconded by Council Member Hoeppner that we concur in the appointment of this committee. Carried 14 votes affirmative.

APPROVE APPOINTMENTS TO CENTRAL BUSINESS
DISTRICT AUTHORITY

Mayor Polovitz announced the appointment of Larry Hoiberg and Steve Hess to the Grand Forks Central Business District Authority for three-year terms expiring September 1996, and asked for concurrence in these appointments. It was moved by Council Member Glassheim and seconded by Council Member Hagness that these appointments be and are hereby approved. Carried 14 votes affirmative.

APPROVE APPOINTMENTS TO BOARD OF APPEALS

Mayor Polovitz announced the appointment of Myron Denbrook and John Nepel to the Board of Appeals for three-year terms expiring April 16, 1996, and asked for concurrence in these appointments. It was moved by Council Member Hagness and seconded by Council Member Hanson that these appointments be and are hereby approved. Carried 14 votes affirmative.

APPROVE APPOINTMENTS TO DIAL-A-RIDE COMMITTEE

Mayor Polovitz announced the appointment of Georgene Emard, Jay Johnson, and Larry Kennedy to the Dial-a-Ride Committee for two-year terms expiring July 1, 1995, and asked for concurrence in these appointments. It was moved by Council Member Kulas and seconded by Council Member Hoeppner that these appointments be and are hereby approved. Carried 14 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 248, dated October 31, 1993, and totaling $1,102,008.43, and Estimate Summary No. 249, dated October 31, 1993, and totaling $6,500.00, were presented and read.

It was moved by Council Member Kulas and seconded by Council Member Shores 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, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; 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: Paving Project No. 3907, District No. 523; Street Lighting Project No. 3952, District No. 91; Asphalt Street Repair Project No. 4014; Watermain Replacement Project No. 4019.2; Watermain Replacement Project No. 4019.5; and Paving Project No. 4108, District No. 519.

It was moved by Council Member Shores and seconded by Council Member Lien that 13350
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this recommendation be and is hereby approved. Carried 14 votes affirmative.

MATTER OF LEGISLATION RE. WATER REGULATIONS

Council Member Hagness commented on letter from Congressman Earl Pomeroy re. impact piece of pending legislation will have on Grand Forks and other cities because of regulations imposed by EPA, regulations with which we can't comply, and questioned whether City could testify re. these bills. Mayor Polovitz reported that he has talked with Senators Dorgan and Conrad and Congressman Pomeroy' offices, that testimony heard this week, and that they are doing as much as they can. Mr. Vein stated his office has some information re. this matter.

REPORT ON SPECIAL COMMITTEE ON STRUCTURE
OF GOVERNMENTAL RELATIONS

Council Member Beach reported that the Special Committee on Structure of Governmental Relations met on October 27 and considered two issues: position of the chief executive in the city and title, and matter of down-sizing council from 14 to 10 members, and that the committee recommended 1) to retain present mayoral system of government with better compensation; and on the second issued suggested three alternatives: 1) endorse idea of 10-member council and call for public election; 2) undecided; or 3) reject. After some discussion it was suggested that this matter be forwarded to the Committee of the Whole.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented and/or referred to committee as follows:
1) Council Member Kulas presented request from Bob Peabody to look at 1993 assessment on old Robertson Lumber Company property. Mayor Polovitz referred the matter to the finance committee for consideration.

APPROVE FINAL STATEMENT FOR CDBG EMERGENCY
SUPPLEMENTAL APPROPRIATION FUNDS

Committee No. 4, Urban Development, reported having considered the matter of final statement for CDBG (Community Development Block Grant) Emergency Supplemental Appropriation funds, and recommended that the city council approve the final statement as presented.

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

MATTER OF CABLE TELEVISION FRANCHISE

City Attorney Howard Swanson reported that Grand Forks is only city in area that applied for rate regulation; and that he will be meeting with East Grand Forks representatives re. a cooperative regulatory venture.

ADJOURN

It was moved by Council Member Beyer and seconded by Council Member Lien that we do now adjourn until Monday, November 15, 1993 at 7:30 o'clock p.m. Carried 14 votes affirmative.

Respectfully submitted


Donald O. Tingum, City Auditor
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Approved:

Michael Polovitz, Mayor