Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, February 7, 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, February 7, 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, Geller, Johnson, Hagness - 13; absent: Council Member Hoeppner - 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.

PRESENT CERTIFICATE OF ACHIEVEMENT TO AUDITING
DEPARTMENT

Mayor Polovitz announced that the auditing department has received another certificate of achievement for excellence in financial reporting as presented by the Government Financial Officers; and presented the certificate to Mr. Schmisek, city auditor, and Saroj Jerath, accountant. He stated this is another reason that Grand Forks is a place of excellence. Mr. Schmisek stated this was a team effort between the city auditor's office and other departments, and commended Mrs. Jerath and Janeen Anderson of his department for their work.

APPROVE MINUTES JANUARY 18, 1994

Typewritten copies of the minutes of the adjourned meeting of the city council held on Tuesday, January 18, 1994, were presented and read. It was moved by Council Member Lien and seconded by Council Member Glassheim that these minutes be approved as read. Carried 13 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE RELATING TO COMPREHENSIVE PLAN
(GRAND FORKS/EAST GRAND FORKS TRANSPORTATION
PLAN UPDATE)

An ordinance entitled "An ordinance relating to the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements, of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks Transportation Plan Update (1994-1998 Transit Development Element)", 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.

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; however, because this relates to action that has not been met by the committee not meeting, the Mayor asked for a motion to continue the public hearing and second reading of the ordinance until the next council meeting.

It was moved by Council Member Beyer and seconded by Council Member Beach that the public hearing and second reading of the ordinance be continued until February 22, 1994. Carried 13 votes affirmative.

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ADOPT ORDINANCE NO. 3367, TO AMEND ZONING
MAP TO INCLUDE WITHIN BFM PUD (PLANNED UNIT
DEVELOPMENT) CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 6, BFM 3RD RESUBDIVISION, BLOCK 4,
LOT B

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 had been introduced and passed on its first reading on January 18, 1994, 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 Dan Mikkelson on behalf of Fritz Builders for final 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 Streets extended), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Zoning Map.

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.

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, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3368, TO AMEND THE STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF COLUMBIA PARK 23RD
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 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 had been introduced and passed on its first reading on January 18, 1994, 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 13415
February 7, 1994

had comments to make on this matter. There were none.

The Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Art Greenberg, Jr. for final 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 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 Hagness that this recommendation be and is hereby approved. Carried 13 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, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE RELATING TO INSTALLATION OF
NEON SIGNS

An ordinance entitled "An ordinance amending Article 2, Chapter XIX of the Grand Forks City Code, relating to the installation of neon signs", which had been introduced and passed on its first reading on January 18, 1994, 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, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

REFER ORDINANCE BACK TO COMMITTEE FOR FURTHER
CONSIDERATION

An ordinance entitled "An ordinance amending Section 8-0936 of the Grand Forks City Code relating to penalties for parking violations", which had been introduced and passed on its first reading on January 18, 1994, was presented and read for consideration on second reading.

Council Member Carpenter stated that as only small part of the city is signed, perhaps it is unfair to go to $15.00 penalty; and suggested possibility of dedicating funds to signing the city; or if not signed, get information out to the public.

Mr. Fish, supt. of streets, stated signs posted where there are apartments, in University area; to sign city would have to have three signs per block, and would be cost prohibitive.

After further discussion Council Members Hagness and Beyer asked that this matter go back to the public service committee; Mayor Polovitz referred the matter back to committee for further consideration.

ADOPT ORDINANCE NO. 3370, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (WATER MAINTENANCE DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill
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ordinance for the calendar year 1994" (Water Maintenance Department), which had been introduced and passed on its first reading on January 18, 1994, 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, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3371, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (GENERAl, SPECIAL REVENUE AND
ENTERPRISE FUNDS)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (General, Special Revenue, and Enterprise Funds), which had been introduced and passed on its first reading on January 18, 1994, 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, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3372, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR YEAR
1994

An ordinance entitled "An ordinance amending annual appropriations bill for the calendar year 1994" (budgetary carryover reflecting encumbrances for various departments), which had been introduced and passed on its first reading on January 18, 1994, 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, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3373, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR YEAR
1994 (HEALTH INSURANCE FUND)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Insurance Fund), which had been introduced and passed on its first reading on January 18, 1994, 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, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

CONTINUE PUBLIC HEARING ON APPLICATION FOR
MOVING PERMIT TO MOVE BUILDING TO 117 SEWARD
AVENUE TO BE USED AS GARAGE TO FEBRUARY 22, 1994
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The city auditor reported that the public hearing on the application by Paul Smith to move a building from 1903 Dyke Avenue to 117 Seward Avenue to be used as a garage was before the council; however, it was noted that the notice of public hearing had not been published as required.

It was moved by Council Member Hagness and seconded by Council Member Beyer that the public hearing on the application for moving permit be continued to February 22, 1994. Carried 13 votes affirmative.

SUSPEND RULES TO CONSIDER AGENDA ITEMS
OUT OF ORDER

It was moved by Council Member Hanson and seconded by Council Member Beach that we suspend rules and consider agenda items out of order. Carried 13 votes affirmative.

TABLE MOTION TO DELAY ANNEXATION OF NORTH
81 PROPERTIES FOR A PERIOD OF TWO YEARS WITH
CERTAIN CONDITIONS TO FEBRUARY 22, 1994

The Capital Improvements Committee reported having considered the matter of the annexation of the property known as North 81 area, and recommended delaying the annexation of North 81 properties for the period of two years with the understanding that a subcommittee comprised of North 81 property owners and City staff meet to resolve the size of the annexation area, provisions for service to area, and any other relevant concerns.

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

Council Member Hanson stated that unless considerable development occurs within the next twelve months in this area, it would be a waste of time to look at as soon as one year, and moved to amend the motion to not look at this for a term of five years, unless circumstances warrant a change prior to this time. Council Member Beyer seconded the motion.

There was considerable discussion whether this matter should be delayed for period of time (two years or five years), or studied and resolved.

Dave McFarlane, McFarlane Sheet Metal, Highway 81 North, stated he was representing property owners; that they are requesting passage of formal resolution to set up committee (business people and City staff) to work on study so that it contains their concerns, that decision affects all of their businesses (30 businesses out there); and that they are definitely in favor of 5 year delay for the following reasons: no construction in last 20 years and not lot of growth out there; in five years see ramifications of forced annexation of Agsco and A & G Enterprises, Agsco will not be there, there will be lot of vacant land with special assessments; that within next 5 years there will be two Base closure commissions that will meet and decide the fate of the Grand Forks Air Force Base, that there are lot of construction related industries out there, including theirs, who do approx. 25% of their business at the Air Force Base, and don't want to see them losing 25% of their business when their taxes increasing 95%, and for those reasons, would like to see council consider the 5-year approach.

Dennis Kadlec, H2O, expressed concerns re. affect of annexation on businesses and asked council to give serious consideration to 5 year delay.

After further discussion the council asked for clarification of the motion by Council Member Hanson, who stated his amendment was only to change recommendation to delay annexation from two years to five years.
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February 7, 1994

It was moved by Council Member Glassheim and seconded by Council Member Carpenter that we table the motion until next council meeting to give everyone chance to get wording straight.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Carpenter, Lien, Beyer, Kulas, Shores, Geller, Glassheim, Johnson - 9; voting "nay": Council Members McCabe, Hanson, Crawford, Hagness - 4. Mayor Polovitz declared the motion to table carried.

COUNCIL MEMBER LIEN EXCUSED

REFER CONSENT AGENDA ITEMS TO COMMITTEE

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

Finance Committee:
1) matter of bond reserve on 1976 water revenue bonds.

COUNCIL MEMBER LIEN REPORTED BACK

APPROVE BILLS

Vendor Payment Listing No. 94-01, dated February 7, 1994 and totaling $769,634.99, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Kulas and seconded by Council Member Shores 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
FOR PROPERTY AT 614 AND 616 6TH AVENUE NORTH

Committee No. 1, Finance, reported having considered the application for abatement of 1993 taxes by Vernon Knutson for property located at 614 and 616 6th Avenue North (Lots 30 and 32, less front 50 ft., Block 28, McCormack's Addition), and recommended that the application be approved as submitted, and the valuation of the improvements be reduced to $3,000 on 614 6th Avenue North.

It was moved by Council Member Johnson and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
FOR PROPERTY AT 814 NORTH COLUMBIA ROAD

Committee No. 1, Finance, reported having considered the application for abatement and settlement of 1993 taxes by David Gunther on property at 814 North Columbia Road (Lot 19, Block 4, Swangler's Subdivision), and recommended that the application be approved as submitted, and the value of the improvements be reduced to $4,000.

It was moved by Council Member Johnson and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 13 votes
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affirmative.

APPROVE APPLICATIONS FOR THREE-YEAR REMODELING
TAX EXEMPTION

Committee No. 1, Finance, reported having considered the applications for three-year tax exemption on remodeled properties: a) 303 2nd Avenue North, and b) 2024 University Avenue, and recommended to approve the applications with any exceptions as noted.

It was moved by Council Member Johnson and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 13 votes affirmative.

DIRECT THAT COMMUNITY DEVELOPMENT MANAGE
RENTAL PROPERTIES AT 2 1/2 AND 4 1/2 SOUTH
3RD STREET EFFECTIVE MARCH 1, 1994

Committee No. 1, Finance, reported having considered the matter of property management of 2 1/2 and 4 1/2 South 3rd Street, and recommended that the Urban Development Office tentatively be directed to manage these properties, subject to reviewing fees, effective March 1, 1994.

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

Council Member Beach asked that he be excused from voting on this matter because of conflict of interest. It was moved by Council Members Beyer and Shores that Council Member Beach be excused from voting. Carried 12 votes affirmative.

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

REFER MATTER OF PROPERTY AT 1310 8TH AVENUE
NORTH BACK TO COMMITTEE

Council Members Kulas and Shores asked that the matter of City-owned lots at 1310 8th Avenue North be sent back to committee; Mayor Polovitz referred the matter back to the finance committee for further consideration.

DECLARE PROPERTY AT 318 NORTH 4TH STREET
SURPLUS, AND AUTHORIZE SALE OF THE PROPERTY

Committee No. 1, Finance, reported having considered the matter of the City-owned lot at 318 North 4th Street, and recommended that we declare this property as surplus and authorize sale of the property.

It was moved by Council Member Johnson and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 13 votes affirmative.

RECEIVE AND FILE INFORMATION ON NOTIFICATION
PROCESS FOR SIDEWALK SNOW REMOVAL AND WEED
CUTTING

Committee No. 1, Finance, reported having considered the matter of billing property owner for snow removal after work done rather than billing on tax statement, and recommended to receive and file information on notification process for sidewalk snow removal and weed cutting: 1) the street department to forward worksheets to city auditor's office after completing work on a
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given property; 2) the city auditor office to assign correct legal description; and 3) within two weeks after last day of the month to send notice to the owner of record that the property will be assessed for the work the following fall.

It was moved by Council Member Johnson and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 13 votes affirmative.

ACCEPT LOW BID FOR FIRE DEPARTMENT VEHICLE

Committee No. 2, Public Safety, reported having considered the bid for vehicle for fire department, and recommended that we accept the bid of Rydell Chevrolet in the amount of $23,978.00.

It was moved by Council Member Crawford and seconded by Council Member Geller that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

RECEIVE AND FILE NOTICE OF CHANGE IN NAME OF
BUSINESS AT 425 NORTH 42ND STREET RE. ALCOHOLIC
BEVERAGE LICENSE

Committee No. 2, Public Safety, reported having considered the matter of notification of change in name of business at 425 North 42nd Street re. alcoholic beverage license, Topper's, Inc. dba Topper's Hamburger Grill and Malt Shop, to Topper's, Inc. dba BJB's Original Pit Bar-B-Q, 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 13 votes affirmative.

GRANT VALLEY GLASS, 1612 1ST AVENUE NORTH,
EXTENSION OF TIME TO JUNE 1 TO RELOCATE BUSINESS

Committee No. 3, Public Service, reported having considered the request by Richard Nelson, Valley Glass, 1612 1st Avenue North, for extension of time to relocate business, and recommended to grant an extension until June 1.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 13 votes affirmative.

AUTHORIZE PARTICIPATION IN MUNICIPAL WASTE
LANDFILL RELEASE COMPENSATION FUND

Committee No. 3, Public Service, reported having considered the matter of participation in Municipal Waste Landfill Release Compensation Fund, and recommended that we notify the North Dakota State Department of Health of the City's intent to participate in this program, to collect the fee effective April 1 and to hold in escrow in the Landfill Liability Fund pending attorney general's opinion.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 13 votes affirmative.

INTRODUCE ORDINANCE RELATING TO USE OF
PUBLIC SEWERS

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February 7, 1994

Committee No. 3, Public Service, reported having considered the matter of proposed ordinance to amend Section 15-0204, use of public sewers, and recommended approval of the proposed ordinance to increase pH of wastewaters (allowed to be discharged) into public sewers to 11.0 and to introduce the ordinance for first reading.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Beyer introduced an ordinance entitled "An ordinance amending Section 15-0204 of the Grand Forks City Code relating to use of the public sewers", which was presented, read and passed on its first reading.

ACCEPT BID FOR PAVING PROJECT NO. 4093,
BURDICK'S RESUBDIVISION

Committee No. 3, Public Service, reported having considered the matter of bids for Paving Project No. 4093, Burdick's Resubdivision, and recommended that we accept the low bid of Nodak Contracting in the amount of $220,760.30.

It was moved by Council Member Beyer 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
WITH DEVELOPER AND CONTRACTOR FOR CONSTRUCTION
OF UTILITIES IN CITY R/W IN JOHNSON'S THIRD
ADDITION

Committee No. 3, Public Service, reported having considered the matter of request to install utilities in City R/W for Johnson's Third Addition, and recommended that we authorize developer to construct utilities in City R/W and that the City enter into three-way agreement with the developer and the contractor.

It was moved by Council Member Beyer 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS AND CALL FOR
BIDS, SIDEWALK PROJECT NO. 4151

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4151, 1994 sidewalk repair, and recommended that we approve plans and specifications, and set bid opening date of February 28, 1994.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS AND CALL FOR
BIDS, PROJECT NO. 4152, CONCRETE STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4152, 1994 concrete street repair, and recommended that we approve plans and specifications, and authorize call
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for bids with a due date of February 28, 1994.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS AND CALL FOR
BIDS, PROJECT NO. 4153, ASPHALT STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4153, 1994 asphalt street repair,and recommended that we approve plans and specifications, and authorize call for bids with a due date of February 28, 1994.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 13 votes affirmative.

ACCEPT BID FOR CASTINGS FOR 1994

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4175, 1994 casting quotes, and recommended that we accept the bid of Neenah Foundry Company for manhole and inlet castings at an estimated cost of $12,450, plus freight, to be paid out of Highway Users Fund.

It was moved by Council Member Beyer 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

ACCEPT BID FOR HYDRAULIC POWER UNIT FOR
WASTEWATER DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for hydraulic power unit for wastewater department, and recommended that we accept the bid of Northern Dewatering in the amount of $10,526.71, and authorize transfer of funds to cover purchase ($1,526.71).

It was moved by Council Member Beyer 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

ADOPT POLICY FOR ESTABLISHING SPECIAL
ASSESSMENT DISTRICT FOR CLASSIFIED STREETS

Committee No. 3, Public Service, reported having considered the matter of special assessment district for classified streets, and recommended that we adopt the following policy for assessment of rehabbing and/or reconstruction costs for classified streets: to expand the assessment district to include the area half-way to the next classified street in both directions (All lots that front the classified street will receive a one and one-quarter assessment benefit (1 1/4), and all remaining lots in the district would receive a one-quarter assessment benefit (1/4).

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

After some discussion and upon call for the question, the motion carried 11 votes affirmative; Council Members Beach and Carpenter voting against the
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motion.

APPROVE BIDDING PACKAGES FOR HOUSES IN
BURDICK'S RESUBDIVISION

Committee No. 4, Urban Development, reported having considered the matter of bidding packages for houses in Burdick's Resubdivision, and recommended that we authorize bidding separate labor and materials packages as prepared by EAPC, architect.

It was moved by Council Member Carpenter and seconded by Council Member Lien that this recommendation be and is hereby approved. Carried 13 votes affirmative.

GRANT PRELIMINARY APPROVAL OF BFM PUD,
DETAILED DEVELOPMENT PLAN, DECK HOMES-2 PLEX,
BFM 3RD RESUBDIVISION, BLOCK 4, LOT B

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Fritz Builders for final approval of BFM PUD (Planned Unit Development) Detailed Development Plan, Deck Homes - 2 Plex, BFM 3rd Resubdivision, Block 4, Lot B (located between South 26th and 27th Avenues South and between South 20th and South 23rd Streets 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 COLUMBIA PARK 23RD ADDITION
WITHIN COLUMBIA PARK 5TH PUD (PLANNED UNIT
DEVELOPMENT) CONCEPT DEVELOPMENT PLAN

The Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Arthur Greenberg, Jr. for preliminary approval to amend the Zoning Map to exclude from A-2 (Agricultural Reserve) District and to include within Columbia Park 5th PUD (Planned Unit Development), Concept Development Plan, Columbia Park 23rd Addition (located south of 32nd Avenue South and 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 Zoning Map and to set the date of the public hearing for March 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 the A-2 (Agricultural Reserve) District and to include within Columbia Park 5th PUD (Planned Unit Development), Concept Development Plan, Columbia Park 23rd Addition", which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL OF COLUMBIA PARK
5TH PUD, DETAILED DEVELOPMENT PLAN, GFG,
COLUMBIA PARK 23RD ADDITION

The Planning and Zoning Commission reported having considered the matter of
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request from James Craigmile on behalf of GFG Food Service for preliminary approval of Columbia Park 5th PUD (Planned Unit Development), Detailed Development Plan, GFG, Columbia Park 23rd Addition, Grand Forks, ND (located south of 32nd Avenue South between South 44th and 48th Streets), 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 RESIDENTIAL DEVELOPMENT PLAN TO FINANCE
HOUSING CONSTRUCTION FOR LOW INCOME PERSONS,
INCLUDING TAX INCREMENT FINANCING DISTRICT FOR
BURDICK'S RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of referral from Urban Development Committee for approval of a residential development plan to finance housing construction for low income persons including a tax increment financing district for Burdick's Resubdivision, Grand Forks, ND (located between I-29 and North 48th Street and between University Avenue and 5th Avenue North extended, and recommended approval of a tax increment financing district to include Lots 1 through 6 and Lots 15 through 20, Block 3, Burdick's Resubdivision, Grand Forks, ND; that the residential development plan is consistent with the City of Grand Forks' Comprehensive Plan, and further that the Housing Authority make a request to rezone the property from R-2 (One and Two Family Residence) District to R-1 (One Family Residence) District to prevent the future conversions of any single family houses to two-family houses.

It was moved by Council Member Glassheim 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE ALL OF WILCOX AND MALM TRACT LYING
WITHIN FALCONER TOWNSHIP WITHIN THE I-2 (HEAVY
INDUSTRIAL) DISTRICT

The Planning and Zoning Commission reported having considered the matter of the request from Tim Bergstrom on behalf of B & B Partnership, for preliminary approval of an ordinance to amend the Zoning Map to exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District all of the Wilcox and Malm Tract lying within a portion of Falconer Township, Section 29, NE 1/4 of the SE 1/4 being bounded on the south by Walsh's Subdivision No. 2, Parcel A, bounded on the west by North Washington Street (U.S. Highway No. 81) and bounded on the east-northeast by Landowski Subdivision, Lot 1 and Lot A, and recommended preliminary approval of the ordinance amending the Zoning Map; to introduce the ordinance and to set the date of the public hearing for March 7, 1994; and further approval of the ordinance is subject to the submission, approval and recording of a subdivision plat of the Wilcox and Malm Tract.

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
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February 7, 1994

from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District all of the Wilcox and Malm Tract lying within a portion of Falconer Township, Section 29, NE-1/4 of the SE-1/4, being bounded on the south by Walsh's Subdivision No. 2, Parcel A, bounded on the west by North Washington Street (U.S. Highway No. 81), and bounded on the east-northeast by Landowski Subdivision, Lot 1 and Lot A, and to exclude from the A-2 (Agricultural Reserve) District and to include within the I-2 (Heavy Industrial) District all of Legvold's Subdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF
FAIRGROUNDS SUBDIVISION, ALL OF BLOCK 4

The Planning and Zoning Commission reported having considered the matter of the request from the Greater Grand Forks Fair and Exhibition Association, Inc. on behalf of the Grand Forks County Commission for preliminary approval of the Replat of Fairgrounds Subdivision, all of Block 4 (located north of Gateway Drive between North Washington Street and North Columbia Road), 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.

INTRODUCE ORDINANCE TO AMEND SUBDIVISION
REGULATIONS RELATING TO RIGHTS OF WAY