Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, January 3, 1994

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, January 3, 1994 at the hour of 7;30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson - 11; absent: Council Members Kulas, 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.

ADOPT ORDINANCE NO. 3362, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1993 (GENERAL FUND AND 1993 SPECIAL
ASSESSMENT CAPITAL PROJECTS FUND)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993" (General Fund and 1993 Special Assessment Capital Projects Fund), which had been introduced and passed on its first reading on December 20, 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, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Hoeppner and seconded by Council Member Hanson that the consent agenda items be referred to the proper committee for investi-
gation, consideration and report back with recommendation. Carried 11 votes affirmative.

Public Safety Committee:
1) matter of bid specifications for fire department staff vehicle.

APPROVE BILLS

Vendor Payment Listing No. 93-23, dated January 3, 1994 and totaling $1,250,493.46, 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 Beyer and seconded by Council Member Johnson 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, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

COUNCIL MEMBER SHORES REPORTED PRESENT

APPROVE LAB TESTING FEES

Committee No. 1, Finance, reported having considered the matter of lab testing fees, and recommended approval of the proposed fees (as submitted by the water treatment plant).

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January 3, 1994

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

APPROVE JOB DESCRIPTION

Committee No. 4, Urban Development, and Committee No. 1, Finance, reported having considered the matter of job description for housing maintenance supervisor, and recommended approval of the job description.

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

APPROVE BUDGET FUND TRANSFER

Committee No. 1, Finance, reported having considered the request to transfer $2,060.00 within the Miscellaneous Fund to cover items over budget for year end, and recommended approval of the transfer. It was moved by Council Member Shores and seconded by Council Member Johnson that this transfer be and is hereby approved. Carried 12 votes affirmative.

APPROVE APPLICATION FOR ABATEMENT OF 1990
TAXES BY RDO FOODS COMPANY

Committee No. 1, Finance, reported having considered the matter of RDO Foods Co. tax abatement, and recommended granting the five abatements in part as follows: Parcel #1309.001.00.00 from $726,340 to $682,900; Parcel #2605.001.00.00 from $263,910 to $222,400; Parcel #1117.001.02.00 from $13,968 to $12,000; Parcel #2404.004.00.00 from $73,530 to $41,700; and Parcel #1705.017.00.00 from $2,228,468 to $1,456,200 (totals - from $3,306,216 to $2,415,200).

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

DENY REQUEST BY FACES FOR REFUND OF LIQUOR
LICENSE FEE

Committee No. 2, Public Safety, reported having considered the request by Beloff Hotel Corporation dba Faces, 23 South 3rd Street, for refund of liquor license fee for license period July 1-December 31, 1993 on pro-rated basis, and recommended that we deny the request.

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

APPROVE APPLICATION FOR CLASS 3 ALCOHOLIC
BEVERAGE LICENSE AT 9 NORTH 3RD STREET

Committee No. 2, Public Safety, reported having considered the application by Break-Out Billiards for alcoholic beverage license (Class 3 - On and Off Sale beer and Wine) at 9 North 3rd Street, and recommended to grant license, contingent upon approval by the fire, health and inspection departments.

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

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ADOPT RESOLUTION RECOGNIZING FORKS FIGHTERS
AND YOUTH ATHLETIC CLUB AS PUBLIC-SPIRITED
ORGANIZATION, AND APPROVE APPLICATION FOR GAMING
PERMIT

Committee No. 2, Public Safety, reported having considered the application by Forks Fighters and Youth Athletic Club for permit to conduct gaming, raffle, on February 28, 1994, and recommended that we adopt a resolution recognizing the Forks Fighters and Youth Athletic Club as a public-spirited organization eligible to conduct games of chance, and to approve the application.

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

Council Member Hoeppner introduced the following resolution which was presented and read: Document No. 6190 - Resolution.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this resolution be and is hereby adopted. Carried 12 votes affirmative.

RECEIVE AND FILE REQUEST FOR LOADING/
UNLOADING ZONE ON SOUTH 4TH STREET, 200 BLOCK

Committee No. 2, Public Safety, reported having considered the matter of loading/unloading zone in 200 block of South 4th Street near County Office building, and recommended to receive and file.

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

ACCEPT BID FOR PROJECT NO. 4172, 1994 BERM
REPAIR, APPROVE TRANSFER OF FUNDS, AND INTRODUCE
ORDINANCE TO AMEND ANNUAL APPROPRIATIONS BILL
ORDINANCE FOR CALENDAR YEAR 1994

Committee No. 3, Public Service, reported having considered the matter of quotes for Project No. 4172, 1994 berm repair, and recommended that we accept the bid of Jeff Hussey Sodding in the amount of $12,340.00, and approve transfer of $12,340.00 in water maintenance budget.

It was moved by Council Member Glassheim and seconded by Council Member Beach 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 - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the bid awarded.

Council Member Glassheim introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Water Maintenance Department), which was presented, read and passed on its first reading.

APPROVE CHANGE ORDER FOR PROJECT NO. 4043,
1993 LANDFILL CLOSURE

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 2 for Project No. 4043, 1993 landfill closure, and recommended that we approve the change order in the amount of $10,838.04, out of landfill funds.
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January 3, 1994

It was moved by Council Member Glassheim and seconded by Council Member Beach 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 - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4118, AERATION SYSTEM AT PRE-TREATMENT
PONDS, AND AUTHORIZE CALL FOR BIDS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4118, aeration system at pre-treatment ponds, and recommended that we approve plans and specifications and authorize call for bids with due date of February 9, 1994.

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

ACCEPT CERTIFICATE OF SUBSTANTIAL COMPLETION,
PROJECT NO. 4028, FLOW METER REPLACEMENT AT
WATER PLANT

Committee No. 3, Public Service, reported having considered the matter of Certificate of Substantial Completion, Project No. 4028, flow meter replacement at water plant, and recommended that we accept the Certificate and authorize proper City officials to sign.

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

ACCEPT GRANT AWARD AND AUTHORIZE ENTERING
INTO COST PARTICIPATION AGREEMENT WITH GARRISON
DIVERSION CONSERVANCY DISTRICT FOR WATER
TREATMENT PLANT IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the request for authorization for appropriate City officials to sign cost participation agreement for Garrison MR&I funding for water treatment plant improvements, and recommended that we accept the grant award to jointly fund the development of the Grand Forks water treatment project as described in associated engineering reports, and authorize proper City officials to enter into the cost participation agreement with the Garrison Diversion Conservancy District, and further that the City agrees to pay the non-federal share of project costs.

It was moved by Council Member Glassheim and seconded by Council Member Beach 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 - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4093, PAVING IN BURDICK'S RESUBDIVISION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4093, paving in Burdick's Resubdivision, and recommended that we approve plans and specifications and authorize call for bids to be due February 1, 1994.

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

Ken Vein, city engineer, asked that the due date be changed from February 1 to January 31, 1994. It was moved by Council Member Glassheim and seconded by Council Member Beach that the motion be amended to change the bid due date to January 31, 1994. Carried 12 votes affirmative.

Upon call for the question as amended, and upon voice vote, the motion carried 12 votes affirmative.

REFER MATTER OF CREATING TAX INCREMENT DISTRICT
IN BURDICK'S RESUBDIVISION TO FINANCE HOUSING
TO PLANNING AND ZONING COMMISSION
Committee No. 4, Urban Development, reported having considered the matter of financing housing construction in Burdick's Resubdivision, and recommended to refer to the Planning and Zoning Commission the matter of creating a tax increment district for Burdick's Resubdivision.

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

Council Member questioned whether these houses were to be sold; and it was noted that these houses will be owned and rented by the Housing Authority.

Upon call for the question, and upon voice vote, the motion carried 12 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 251, dated December 31, 1993, and totaling $404,788.86, was presented and read.

It was moved by Council Member Hanson and seconded by Council Member Crawford 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, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson - 12; 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. Street Repair Project No. 4013; Project No. 4043, Phase I Landfill Closure; Project No. 4063, scale at landfill; Project No. 4099.2, leachate pumping station; and Project No. 4132, temporary traffic signal at 32nd Avenue South and South 20th Street.

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

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented and/or referred to committee as follows:

1) Council Member Beach presented the matter of billing property owner for snow removal after work done rather than billing on tax statement. Mayor
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January 3, 1994

Polovitz referred this matter to the finance committee.
2) Howard Swanson, city attorney, presented the matter of adoption of a resolution relating to cable TV service standards; Mayor Polovitz referred the matter to the finance committee.
3) Mr. Swanson presented the matter of cable TV franchise renewal negotiations with TCI of North Dakota; Mayor Polovitz referred the matter to the finance committee.
4) The matter of ordinance regulation neon signs was presented; Mayor Polovitz referred the matter to the public service committee.

ESTABLISH COMMITTEE TO MEET WITH ARCHITECT
RE. COUNCIL CHAMBERS REMODELING PROJECT

Council Member Glassheim presented matter of seating arrangement in new council chambers, distance from side to side, council members on one side of dais unable to see members on other side, and that this impedes discussion with colleagues. He suggested forming a council committee to meet with the architect to see if changes can be made, estimated costs, etc.

Council Member Glassheim moved that a council committee of three be appointed to meet with the architect to look at this matter. The motion was seconded by Council Member Crawford.

Several council members stated this may be premature, to give more time before looking to make changes. Several council members stated it was important to see other members when discussing issue, and less expensive to do change order than hiring new contractor if changes are to be made.

After further discussion and upon voice vote the motion carried.

Mayor Polovitz appointed Council Member Glassheim to chair the committee; Council Member Glassheim appointed Council Members Hagness and Beyer to the committee, and asked anyone who was interested to attend meetings.

ADJOURN

It was moved by Council Member Hoeppner and seconded by Council Member Beach that we do now adjourn until Tuesday, January 18, 1994 at 7:30 o'clock p.m. Carried 12 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Michael Polovitz, Mayor