Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Tuesday, January 18, 1994
The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Tuesday, January 18, 1994 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 12; absent: Council Member Geller - 1.
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.
APPROVE MINUTES OCTOBER 18, NOVEMBER 1 AND
15, DECEMBER 6 AND 20, 1993 AND JANUARY 3, 1994
Typewritten copies of the minutes of the meetings of the city council held on Monday, October 18, 1993; Monday, November 1, 1993; Monday, November 15, 1993; Monday, December 6, 1993; Monday, December 20, 1993; and Monday, January 3, 1994 were presented and read. It was moved by Council Member Hagness and seconded by Council Member Shores that these minutes be approved as read. Carried 12 votes affirmative.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 3363,
AMENDING THE STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
JOHNSON'S THIRD 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 Johnson's Third Addition to the city of Grand Forks, North Dakota, being a part of the SW 1/4 of Section 8, Grand Forks Township", which had been introduced and passed on its first reading on December 6, 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 Planning and Zoning Commission reported having considered the matter of the request from Tim Crary on behalf of NorAgra, Inc. for final approval of the plat of Johnson's Third Addition to the city of Grand Forks, ND, being a part of the SW 1/4 of Section 8, Grand Forks Township (located between 11th Avenue South extended and 14th Avenue South and between South 36th Street and South 40th Street, 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.
It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 12;
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voting "nay": none. Mayor Polovitz declared the ordinance adopted.
ADOPT ORDINANCE NO. 3364, TO AMEND ZONING
MAP TO INCLUDE ALL OF MAIER'S SECOND ADDITION
WITHIN THE I-2 (HEAVY INDUSTRIAL) DISTRICT
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 Development) District and to include within the I-2 (Heavy Industrial) District all of Maier's Second Addition", which had been introduced and passed on its first reading on December 6, 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 Planning and Zoning Commission reported having considered the matter of request from Harvey Gabbert on behalf of Minnkota Power Cooperative for final approval of an ordinance to amend the Zoning Map and to exclude from the A-1 (Limited Development) District and to include within the I-2 (Heavy Industrial) District all of Maier's Second Addition, Grand Forks, ND (located near the northwest corner of the intersection of South 48th Street and 17th Avenue South), and recommended final approval and passage of the ordinance amending the zoning map.
It was moved by Council Member Glassheim and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 12 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
ADOPT ORDINANCE NO. 3365, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (GENERAL FUND AND PARKING RAMP)
An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (General Fund and Parking Ramp), 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
ADOPT ORDINANCE NO. 3366, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (WATER MAINTENANCE DEPARTMENT)
An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Water Maintenance Department), which had been introduced and passed on its first reading on January 3, 1994, 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
INTRODUCE ORDINANCE TO AMEND ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (HEALTH
INSURANCE FUND)
An ordinance to amend the annual appropriations bill ordinance for 1994 relative to the Health Insurance Fund was presented to the council.
COUNCIL MEMBER HOEPPNER REPORTED PRESENT
Peter Nikle, 1517 6th Avenue North, stated he was retired City employee who had retired because of disability and under COBRA regulations was eligible to stay under City's health insurance plan for 36 months rather than 18, that after 18 months he was terminated (on November 1), that he had some problems getting reinstated, but finally was reinstated. The city auditor reported that under COBRA regulations if employee leaves when disabled, he should be carried for 36 months rather than 18. He noted there is no cost for the City except employee carried in insurance fund, and that city auditor's office and personnel office are aware of this regulation. It was suggested that this matter be referred to the Benefits Committee.
Council Members Hagness and Shores moved introduction and first reading of the ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Insurance Fund), which was presented, read and passed on its first reading.
INTRODUCE ORDINANCE AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (ENCUMBRANCES AT YEAR END)
An ordinance amending annual appropriations bill for calendar year 1994 (unanticipated revenues in the form of additional budgetary carry-over reflecting previous encumbrances for the operation and services of various departments), was presented to the council.
Council Member Shores introduced an ordinance entitled "An ordinance amending annual appropriations bill for the calendar year 1994"; and Council Members Hanson and Beyer moved for passage on first reading. Carried 13 votes affirmative.
INTRODUCE ORDINANCE AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (GENERAL, SPECIAL AND ENTERPRISE FUNDS)
Council Members Hoeppner and Beyer introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994", which was presented, read and passed on its first reading.
REFER CONSENT AGENDA ITEMS TO COMMITTEE
It was moved by Council Member Beach and seconded by Council Member Hagness that the consent agenda items be referred to the proper committee for investigation, consideration and report back with recommendation. Carried 13 votes affirmative.
Public Safety Committee:
1) bid specifications for police vehicles.
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2) request to purchase desks for police department.
REPORTS OF OFFICERS
The City Auditor's Statement of Changes in Cash Balances as of December 31, 1993 was presented and read.
It was moved by Council Member Beach and seconded by Council Member Hanson to receive and file. Carried 13 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 93-24, dated January 18, 1994 and totaling $1,273,921.51, 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 Carpenter 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.
ADOPT RESOLUTION PROVIDING FOR REGULATION OF
BASIC SERVICE TIER RATES AND RELATED EQUIPMENT,
INSTALLATION AND SERVICE CHARGES OF ANY CABLE
TELEVISION SYSTEM OPERATING IN THE CITY
Committee No. 1, Finance, reported having considered the matter of adoption of a resolution re. cable TV service standards, and recommended adoption of the resolution adopting FCC standards by reference.
It was moved by Council Member Kulas and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Kulas introduced the following resolution which was presented and read: Document No. 6191 - Resolution.
It was moved by Council Member Kulas and seconded by Council Member McCabe that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted.
SET PUBLIC HEARING RE.RENEWAL OF CABLE TV
FRANCHISE AGREEMENT WITH TCI NORTH DAKOTA, INC.
FOR MARCH 29 BEFORE FINANCE COMMITTEE
Committee No. 1, Finance, reported having considered the matter of cable TV franchise renewal negotiations with TCI of North Dakota, Inc. and recommended that we set public hearing regarding renewal of cable TV franchise agreement with TCI North Dakota, Inc for March 29 at 3:30 p.m. before the finance committee, with notice to include listing of items for comment.
It was moved by Council Member Kulas and seconded by Council McCabe that this recommendation be and is hereby approved.
The city attorney reported that negotiations have yet to begin, need to set public hearing which is initial item, and notice will contain listing of various items for comment. He reported he has met with City of East Grand
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Forks and discussed their franchise and other items of interest.
Upon call for the question and upon voice vote, the motion carried 13 votes affirmative.
APPROVE APPLICATIONS FOR THREE-YEAR REMODELING
EXEMPTIONS
Committee No. 1, Finance, reported having considered the applications for three-year remodeling exemptions: a) 1314 8th Avenue North, b) 1409 University Avenue, c) 821 Cottonwood Street, d) 1326 South 18th Street, and e) 1716 Drees Drive, and recommended that the applications be approved, with any exceptions noted on the application.
It was moved by Council Member Kulas and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 13 votes affirmative.
AUTHORIZE ENTERING INTO NEGOTIATION FOR PURCHASE
OF LAND FOR FUTURE STATION IN SOUTHWEST SECTION
OF CITY
Committee No. 1, Finance, reported having considered the matter of authorizing fire chief to enter into negotiations for purchase of land for future fire station site in southwest section of city of Grand Forks, and recommended that we authorize the fire chief to enter into negotiation for purchase of this land (at 36th Avenue South and South Columbia Road), and to report back to committee with final figures and purchase agreement.
It was moved by Council Member Kulas and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 13 votes affirmative.
DESIGNATE DEPOSITORIES OF PUBLIC FUNDS
Committee No. 1, Finance, reported having considered the matter of designated depositories of public funds, and recommended that we declare the following institutions as designated depositories of public funds for 1994 and 1995 and authorize the proper City officials to sign the necessary documents: First National Bank North Dakota, Metropolitan Federal Bank, Community National Bank, First Bank North Dakota, and First American Bank.
It was moved by Council Member Kulas and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 13 votes affirmative.
RECEIVE AND FILE MATTER OF PARKING PROBLEM
ON RIDER ROAD
Committee No. 2, Public Safety, reported having considered the matter of parking problem on Rider Road, and recommended to receive and file.
It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 13 votes affirmative.
AUTHORIZE SETTLEMENT OF CLAIM FOR ADDITIONAL
COMPENSATION ON PROJECT NO. 3936, RED LAKE
RIVER INTAKE LINE REPLACEMENT; AND INTRODUCE
ORDINANCE TO TRANSFER FUNDS
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Committee No. 3, Public Service, reported having considered the matter of contractor's request for additional compensation on Project No. 3936, Red Lake River Intake, Olander Contracting Company, and recommended that we offer $35,000.00 as full settlement of the two claims.
It was moved by Council Member Beyer and seconded by Council Member Hagness 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
Council Member Beyer introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Water Maintenance Department and Project No. 3936), which was presented, read and passed on its first reading.
APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION,
PROJECT NO. 3936
Committee No. 3, Public Service, reported having considered the certificate of substantial completion, Project No. 3936, Red Lake River Intake, and recommended that the certificate be approved, and that we authorize appropriate City officials to sign said certificate.
It was moved by Council Member Beyer and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.
AWARD CONTRACT FOR PROJECT NO. 4061, LANDFILL
LEACHATE COLLECTION SYSTEM, PHASE II
Committee No. 3, Public Service, reported having considered the bids for Project No. 4061, Leachate Collection System, Phase II, and recommended acceptance of the low bid of Molstad Excavating, inc. in the amount of $137,930.00.
It was moved by Council Member Beyer and seconded by Council Member Hagness 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.
INTRODUCE ORDINANCE RELATING TO INSTALLATION
OF NEON SIGNS
Committee No. 3, Public Service, reported having considered the matter of ordinance regulating neon signs, and recommended that the proposed ordinance be approved, and introduced for first reading.
It was moved by Council Member Beyer and seconded by Council Member Hagness that this recommendation be and is hereby approved.
It was moved by Council Member Hagness and seconded by Council Member Hanson that the proposed ordinance be amended to change wording so that application for a neon sign installer's license is made to the city auditor's office rather than the city engineering department. Carried 13 votes affirmative.
Upon call for the question on the motion and upon voice vote, the motion carried 13 votes affirmative.
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Council Member Beyer introduced an ordinance entitled "An ordinance amending Article 2, Chapter XIX, of the Grand Forks City Code relating to the installation of neon signs", which was presented, read and passed on its first reading.
APPROVE BIDDING OF HOUSES IN BURDICK'S
RESUBDIVISION
Committee No. 4, Urban Development, reported having considered the matter of bidding of Housing Authority houses in Burdick's Resubdivision, and recommended that we authorize proceeding with bids.
It was moved by Council Member Carpenter and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
GRANT FINAL APPROVAL OF JOHNSON'S PUD, DETAILED
DEVELOPMENT PLAN, SINGLE FAMILY AREA 3, JOHNSON'S
THIRD ADDITION, BLOCK 1, LOTS 9-25; BLOCK 2, LOTS
LOTS 9-12; AND BLOCK 3, LOTS 7-16
The Planning and Zoning Commission reported having considered the matter of request from Tim Crary on behalf of NorAgra, Inc. for final approval of Johnson's Planned Unit Development (PUD), Detailed Development Plan, Single Family Area 3, Johnson's Third Addition, Block 1, Lots 9 through 25; Block 2, Lots 9 through 12; and Block 3, Lots 7 through 16 (located along either side of South 37th Street between 11th Avenue South and 14th Avenue South), 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 Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.
INTRODUCE ORDINANCE TO ANNEX JOHNSON'S SECOND
ADDITION, JOHNSON'S THIRD ADDITION AND PORTION
OF GRAND FORKS TOWNSHIP
The Planning and Zoning Commission reported having considered the matter of the request for annexation of a portion of Johnson's Second Addition, all of Johnson's Third Addition and a portion of Grand Forks Township 151 North, Range 50 West of the 5th Principal Meridian, Section 8, South Half of the Northwest Quarter and the West Half of the Southwest Quarter, and recommended approval of the ordinance to annex, to introduce the ordinance and to set the date of the public hearing for February 22, 1994.
It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Hanson introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, a portion of Johnson's Second Addition, all of Johnson's Third Addition and a portion of Grand Forks Township 151 North, Range 50 West of the 5th Principal Meridian, Section 8, South Half of the Northwest Quarter and the West Half of the Southwest Quarter", which was presented, read and passed on its first reading.
GRANT PRELIMINARY ADMINISTRATIVE APPROVAL
AND FINAL APPROVAL OF PARK WEST PUD, DETAILED
DEVELOPMENT PLAN, DUPLEX TOWNHOUSE, BIRKHOLZ'
3RD ADDITION, BLOCK 1, LOTS A THROUGH T
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The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the UND Foundation for preliminary administrative approval (fast tract) and final approval of Park West PUD (Planned Unit Development), Detailed Development Plan, Duplex Townhouse, Birkholz' 3rd Addition, Block 1, Lots A through T (located east of South 36th Street between 20th Avenue South and 22nd Avenue South extended), 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 Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.
GRANT PRELIMINARY ADMINISTRATIVE APPROVAL
AND FINAL APPROVAL OF REPLAT OF BIRKHOLZ'
3RD ADDITION, BLOCK 1, LOT 2
The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the UND Foundation for preliminary administrative approval (fast tract) and final approval of the replat of Birkholz' 3rd Addition, Block 1, Lot 2 (located east of South 36th Street between 20th Avenue South and 22nd Avenue South extended), 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 Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.
INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN BFM PUD, CONCEPT DEVELOPMENT
PLAN AMENDMENT NO. 6, BFM 3RD RESUBDIVISION,
BLOCK 4, LOT B
The Planning and Zoning Commission reported having considered the matter of request from Dan Mikkelson on behalf of Fritz Builders for preliminary approval to amend the Zoning Map to exclude from BFM PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5, and to include within BFM PUD (Planned Unit Development), Concept Development Plan, Amendment No. 6, BFM 3rd Resubdivision, Block 4, Lot B (located between 26th and 27th Avenues South and between South 20th Street and South 23rd Street extended), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Zoning Map and to set the date of the public hearing for February 7, 1994.
It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Hanson introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from BFM PUD (Planned Unit Development) Concept Development Plan, Amendment No. 5 and to include within BFM PUD (Planned Unit Development), Concept Development Plan Amendment No. 6, BFM 3rd Resubdivision, Block 4, Lot B, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
GRANT PRELIMINARY APPROVAL OF BFM PUD
DETAILED DEVELOPMENT PLAN, DECK HOMES -
2 PLEX, BFM 3RD RESUBDIVISION, BLOCK 4,
LOT B
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The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Fritz Builders for preliminary approval of BFM PUD (Planned Unit Development) Detailed Development Plan, Deck Homes - 2 Plex, BFM 3rd Resubdivision, Block 4, Lot B (located between 26th and 27th Avenues South and between South 20th and South 23rd Street extended), and recommended preliminary 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 Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCE TO AMENDING STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF COLUMBIA PARK 23RD ADDITION
The Planning and Zoning Commission reported having considered the matter of request from Steve Adams on behalf of Art Greenberg, Jr. for preliminary approval of the plat of Columbia Park 23rd Addition, being a part of the Northwest Quarter of the Northeast Quarter of Section 19, Grand Forks Township (located along the south side of 32nd Avenue South west of I-29), 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 February 7, 1994.
It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Hanson 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 Columbia Park 23rd Addition to the city of Grand Forks, North Dakota, being a part of the Northwest Quarter of the Northeast Quarter of Section 19, Grand Forks Township", which was presented, read and passed on its first reading.
APPROVE FY 1994 UND BUS SERVICE AGREEMENT
The Bus Committee reported having considered the matter of FY 1994 UND Bus Service Agreement, and recommended that the FY 1994 UND Bus Service Agreement be approved as amended and contingent upon UND Student Government approval.
It was moved by Council Member Kulas and seconded by Council Member Hanson 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE FY 1994 EGF BUS SERVICE AGREEMENT
The Bus Committee reported having considered the matter of FY 1994 East Grand Forks Bus Service Agreement, and recommended that the FY 1994 East Grand Forks Bus Service Agreement be approved.
It was moved by Council Member Kulas and seconded by Council Member Hanson 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
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APPROVE FEDERALLY-MANDATED ADA PARATRANSIT
PLAN UPDATE
The Bus Committee reported having considered the matter of the federally-mandated ADA Paratransit Plan update, and recommended that the ADA Paratransit Plan update be approved.
It was moved by Council Member Kulas and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
SET PUBLIC HEARING RE. PROPOSED NEW BUS
ROUTES AND FARE STRUCTURE
The Bus Committee reported having considered the matter of setting a public hearing date regarding proposed new bus routes and fare structure, and recommended that a public hearing be scheduled in conjunction with a regularly scheduled city council meeting in February to discuss the proposed new routes and fare structure in order to achieve a start date of April 1, 1994, with public hearing date set for February 22, 1994.
It was moved by Council Member Kulas and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
AMEND 1994-1999 CIP PROGRAM TO INCLUDE
SAFETY PROJECTS
The Capital Improvements Committee reported having considered the matter of amending the 1994-1999 CIP to include proposed safety projects, and recommended to amend the 1994-1999 CIP Program to include the following safety projects: 1995 signal/intersection improvement at South Columbia Road and 32nd Avenue South, $200,000 ($180,000 federal and $20,000 local); 1995 signal improvements at 32nd Avenue South and South 20th Street, $60,000 ($54,000 federal and $6,000 local); 1996 signal/intersection improvements at North 42nd Street and University Avenue, $125,000 ($112,500 federal and $12,500 local); 1996 intersection improvements at North Columbia Road, left turn lane extension, $20,000 ($20,000 local); 1996 signal improvements at 24th Avenue South and South 20th Street, $80,000 ($72,000 federal and $8,000 local); 1997 south bound merge lane at DeMers Avenue and Columbia Road, $200,000 ($180,000 federal and $20,000 local); and 1997 intersection improvements at 17th Avenue South and Columbia Road, right turn lanes, $120,000 ($108,000 federal and $12,000 local).
It was moved by Council Member Carpenter and seconded by Council Member Crawford 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE APPOINTMENTS TO ELECTRICAL BOARD
Mayor Polovitz announced the appointment of Leon Comeau, Darryl Beauchamp, Robert Peterson and Mark Sertich to the Electrical Board for two-year terms expiring December 31, 1995 and asked for concurrence in these appointments. It was moved by Council Member Hanson and seconded by Council Member Hoeppner that these appointments be and are hereby approved. Carried 13 votes affirmative.
APPROVE APPOINTMENTS TO MECHANICAL INSTALLER'S
BOARD
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January 18, 1994
Mayor Polovitz announced the appointment of W.F. Hastings, Jr., Terrence Grundysen, Steven Kroke, Otto J. Torkelson, Leon Comeau, and Clarence Nikle (alternate) to the Mechanical Installer's Board for two-year terms which expire December 31, 1995, and asked for concurrence in these appointments.
It was moved by Council Member Beach and seconded by Council Member Carpenter that these appointments be and are hereby approved. Carried 13 votes affirmative.
APPROVE APPOINTMENTS TO PLUMBING BOARD
Mayor Polovitz announced the appointment of Joseph LaBelle, James Lunski and Doran Sand to the Plumbing Board for two-year terms which expire December 31, 1995, and asked for concurrence in these appointments. It was moved by Council Member Shores and seconded by Council Member McCabe that these appointments be and are hereby approved. Carried 13 votes affirmative.
APPROVE APPOINTMENT TO CIVIL SERVICE
COMMISSION
Mayor Polovitz announced the appointment of Beverly J. Bredemeier to the Civil Service Commission for a five-year term expiring December 8, 1998 and asked for concurrence in this appointment. It was moved by Council Member Hanson and seconded by Council Member Carpenter that this appointment be and is hereby approved. Carried 13 votes affirmative.
ANNOUNCE RETIREMENT OF EXECUTIVE DIRECTOR OF
HEALTH DEPARTMENT
Mayor Polovitz announced the retirement of Kenneth C. Schultz, executive director of the city health department effective April 30, 1994; that the City is losing a good City employee, and wish him the best on his retirement from the City.
CONCUR IN PLACEMENT OF DISABILITY PARKING
SPACE AT 414 4TH AVENUE NORTH
Committee No. 2, Public Safety, reported having considered the matter of placing "disabled parking spot" in front of 414 4th Avenue North, and authorized placement of the sign.
It was moved by Council Member Hoeppner and seconded by Council Member Hanson that we concur in action by the public safety committee in placement of the sign. Carried 13 votes affirmative.
DECLARE SNOW EMERGENCY AND AUTHORIZE USE OF
EMERGENCY FUNDS FOR PURCHASE OF SALT AND SAND
The Committee of the Whole reported having considered matter of snow emergency resolution, and recommended that the city council pass a resolution declaring a snow emergency and that emergency funds be used to purchase additional salt and sand.
It was moved by Council Member Lien and seconded by Council Member Beach that this recommendation be and is hereby approved, and that a resolution declaring a snow emergency be approved.
After some discussion and 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
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INTRODUCE ORDINANCE TO INCREASE FINE FOR VEHICLES
TICKETED FOR PARKING ON STREET DURING SNOW REMOVAL
OPERATIONS
The Committee of the Whole reported having considered the matter of snow plowing and removal process, and recommended ticketing of all vehicles parked on the street on snow removal day, with a fine of $25.00. (It was noted that fine presently is $5.00)
It was moved by Council Member Kulas and seconded by Council Member Beach that this recommendation be and is hereby approved.
Jane Green, 2220 1st Avenue North, spoke in favor of the amendment, and enforcement of the ordinance.
After some discussion it was moved by Council Member Hanson and seconded by Council Member Kulas to amend the motion to increase amount of the fine to $10.00 rather than $25.00.
Upon call for the question on the amendment and upon roll call vote, the following voted "aye": Council Members Crawford, Shores, McCabe, Kulas, Hanson, Glassheim - 6; voting "nay": Council Members Carpenter, Lien, Beyer, Johnson, Hagness, Beach, Hoeppner - 7. Mayor Polovitz declared the motion defeated.
It was then moved by Council Member Carpenter and seconded by Council Member Crawford to amend the motion to lower amount of fine from $25.00 to $15.00. Upon call for the question on the amendment and upon voice vote, the motion carried.
Upon call for the question, as amended, and upon voice vote, the motion carried.
Council Member Carpenter introduced an ordinance entitled "
which was presented, read and passed on its first reading.
APPROVE PLEDGED SECURITIES
Committee No. 1, Finance, reported having considered with the city auditor the requirements of the North Dakota Century Code, as amended, which require that pledges made by designated depositories of the public funds be approved in January of each even-numbered year and semi-annually; that they have examined the records, and found that the First Bank of North Dakota-Grand Forks has deposited $95,000 with the Federal Reserve Bank of Minneapolis, and $200,000 deposited with the First Bank National Association of Minneapolis; that the First National Bank of Grand Forks has $70,000 deposited with the Federal Reserve Bank of Minneapolis, and $10,415,000 deposited with the Norwest Bank of Minneapolis; that Community National Bank has $4,325,000 deposited with the American National Bank and Trust Company of St. Paul; that First American Bank has $1,499,374.25 deposited with the American National Bank and Trust Company of St. Paul; that Metropolitan Federal Saving and Loan Assn. has $4,905,890.95 deposited with the Federal Home Loan Bank of Des Moines; all of which have been pledged as securities for public funds of the City of Grand Forks; receipts from the Federal Reserve Bank and other financial institutions accepting custody of the bonds are on file in the city auditor's office; and recommended that these pledged securities be and are hereby re-approved as required.
It was moved by Council Member Kulas and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes
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January 18, 1994
affirmative.
APPROVE SPECIAL ALCOHOLIC BEVERAGE PERMIT
FOR WESTWARD HO
Committee No. 2, Public Safety, reported having considered the application by J.E.P., Inc. dba Fabulous Westward Ho Motel for special alcoholic beverage permit for Saturday, February 4, 1994 at 121 North 5th Street, and recommended that the application be approved, subject to review and approval by the city attorney.
It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE APPLICATION FOR LIMOUSINE LICENSE
BY S & S INVESTMENT, INC. DBA LUXURY LIMOUSINE
Committee No. 2, Public Safety, reported having considered the application for limousine license by S & S Investment, Inc. dba Luxury Limousine, 2201 Gateway Drive, and recommended that the application be approved, subject to review and approval by the city attorney.
It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ADJOURN
It was moved by Council Member Hanson and seconded by Council Member Hoeppner that we do now adjourn. Carried 13 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
Michael Polovitz, Mayor