Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, March 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, March 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, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; 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 FEBRUARY 22, 1994

Typewritten copies of the minutes of the adjourned meeting of the city council held on Tuesday, February 22, 1994 were presented and read. It was moved by Council Member Hanson and seconded by Council Member Hoeppner that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3378, ANNEXING 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, S HALF
OF NW QUARTER AND WEST HALF OF SW QUARTER

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 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.

The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3379, AMENDING ZONING
MAP TO INCLUDE COLUMBIA PARK 23RD ADDITION
WITHIN COLUMBIA PARK 5TH PUD, CONCEPT
DEVELOPMENT PLAN

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 had been introduced and passed on its first reading on February 7, 1994, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
13445
March 7, 1994

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 request from Steve Adams on behalf of Arthur Greenberg, Jr. for final 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 final approval subject to special conditions shown on or attached to the review copy, final approval 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 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 ordinance adopted.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
ALL OF WILCOX AND MALM TRACT LYING WITHIN A
PORTION OF FALCONER TWP. AND ALL OF LEGVOLD'S
SUBDIVISION WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT TO APRIL 18, 1994

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and 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 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 had been introduced and passed on its first reading on February 7, 1994, 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.

The City Planning and Zoning Commission reported having considered the matter of the request from Tim Bergstrom on behalf of B & B Partnership for final 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
13446
March 7, 1994

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, and recommended continuing the public hearing, final approval and passage of the ordinance amending the zoning map until April 18, 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.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that the public hearing and second reading of the ordinance be continued until April 18, 1994. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3380, AMENDING ZONING
MAP TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL)
DISTRICT WESTFORKS SUBDIVISION, BLOCK 1, LOTS
7 THROUGH 14 AND BLOCK 2, LOTS 1 THROUGH 14

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 the I-2 (Heavy Industrial) District, Westforks Subdivision, Block 1, Lots 7 through 14 and Block 2, Lots 1 through 14", which had been introduced and passed on its first reading on February 7, 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 Myron Weekley on behalf of Weekley Auto Wrecking for final approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the I-2 (Heavy Industrial) District, Westforks Subdivision, Block 1, Lots 7 through 14 and Block 2, Lots 1 through 14 (located north of U.S. Highway No. 2 between North 76th and 83rd Streets), and recommended final approval and passage of the ordinance amending the zoning map subject to obtaining the necessary right of way from the property owner to construct and maintain a screening fence or wall in front of the auto salvage yard.

It was moved by Council Member Hagness and seconded by Council Member Glassheim 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 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 ordinance adopted.

ADOPT ORDINANCE NO. 3381, RELATING TO LAND
DEVELOPMENT CODE, RIGHTS OF WAY

An ordinance entitled "An ordinance relating to Chapter XVIII of the Grand Forks City Land Development Code of 1987, as amended, amending Article 2
13447
March 7, 1994

Rights of Way, Section 18-0907", which had been introduced and passed on its first reading on February 7, 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 the Planning Department for final approval of an ordinance to amend the Land Development Code, Article 9, Subdivision Regulations, Section 18-0907(2) pertaining to rights of way, and recommended final approval and passage of the ordinance amending the subdivision regulations of the Land Development Code.

It was moved by Council Member Hagness and seconded by Council Member Glassheim 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 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 ordinance adopted.

ADOPT ORDINANCE NO. 3382, RELATING TO
GARBAGE COLLECTION FEES

An ordinance entitled "An ordinance amending Section 13-0408 of the Grand Forks City Code relating to garbage collection fees", which had been introduced and passed on its first reading on February 22, 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, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3383, RELATING TO
LANDFILL DUMPING FEES

An ordinance entitled "An ordinance amending Section 13-0502 of the Grand Forks City Code relating to landfill dumping fees", which had been introduced and passed on its first reading on February 22, 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, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3384, RELATING TO
BOND RESERVE ON 1976 WATER REVENUE BONDS

An ordinance entitled "An ordinance
13448
March 7, 1994



which had been introduced and passed on its first reading on February 22, 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, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3384, RELATING TO
NORMAL RETIREMENT INCOME

An ordinance entitled "An ordinance amending Section 7-0206(3) of the Grand Forks City Code relating to normal retirement income", which had been introduced and passed on its first reading on February 22, 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, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3386, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (ECONOMIC DEVELOPMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Economic Development), which had been introduced and passed on its first reading on February 22, 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, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3387, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (INFRASTRUCTURE BUDGET FOR LAND-
SCAPE BEAUTIFICATION)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Infrastructure budget for Landscape Beautification), which had been introduced and passed on its first reading on February 22, 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, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3388, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (POLICE DEPARTMENT)
13449
March 7, 1994

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Police Department - Narcotics Enforcement Grant), which had been introduced and passed on its first reading on February 22, 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, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3389, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (SPECIAL GRANT FUND, ANTI-DRUG
ABUSE GRANT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Special Grant Fund, Anti-Drug Abuse Grant), which had been introduced and passed on its first reading on February 22, 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, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE APPLICATION FOR MOVING PERMIT
TO MOVE BUILDING TO 1724 DYKE AVENUE

The city auditor reported that the notice of public hearing on the application by Terry Dymowski to move building from 601 1st Street NW, East Grand Forks to 1724 Dyke Avenue to be used as rental property had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the application for permit to move building from 601 1st Avenue NW, East Grand Forks, MN to 1724 Dyke Avenue to be used as rental property, and recommended that the application be approved, subject to the public hearing.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved, and further that Mr. Dymowski be and is hereby authorized to move the building. Carried 13 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 3500 BLOCK, 26TH AVENUE S.

The city auditor reported that the notice of public hearing on the application by John O'Keefe to move building from rural Crystal, ND to the 3500 block of 26th Avenue South had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the application
13450
March 7, 1994

for permit to move building from rural Crystal to 3500 block of 26th Avenue South to be used as single-family residence, and recommended approval of the application, subject to the public hearing.

It was moved by Council Member Beach and seconded by Council Member Glassheim that this recommendation be and is hereby approved, and further that Mr. O'Keefe be and is hereby authorized to move the building. Carried 13 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Hoeppner and seconded by Council Member Beach that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back with recommendation. Carried 13 votes affirmative.

Finance Committee:
1) matter of bonds for United Hospital.
2) matter of financing new building for Convention and Visitors Bureau.
3) request for extension of leave without pay by Robert Corbett.
4) matter of polling places and inspectors for June 14, 1994 election.
5) matter of overtime rate for special police and fire services.

Public Safety:
1) matter of ordinance relating to license fees.

REPORTS OF OFFICERS

The city auditor's investment activity summary and portfolio master summary for period ending February 28, 1994 were presented and read. It was moved by Council Member Johnson and seconded by Council Member Lien that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-03, dated March 7, 1994 and totaling $468,791.11, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Johnson and seconded by Council Member Lien 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.

APPROVE APPLICATION FOR ABATEMENT AND
SETTLEMENT OF TAXES ON PROPERTY AT 515
23RD AVENUE SOUTH

Committee No. 1, Finance, reported having considered the application for abatement of 1993 taxes by Longinus and Rose Kuklok for property at 515 23rd Avenue South (Lot 2, Block 34, Cox's Addition), and recommended that the application be approved as submitted.

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 APPLICATIONS FOR THREE-YEAR REMODELING
EXEMPTION
13451
March 7, 1994

Committee No. 1, Finance, reported having considered the applications for three-year remodeling exemptions on properties at a) 2220 South Washington Street, b) 1413 7th Avenue North, c) 3551 South 20th Street; and d) 1324 7th Avenue South, and recommended that the applications be approved, with 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.

ADOPT CITY CHEMICAL AND SUBSTANCE ABUSE
POLICY

Committee No. 1, Finance, reported having considered the matter of City chemical and substance abuse policy, and recommended that we adopt the policy as presented with inclusion of Section 11 to provide for notification of personnel department of any infractions, with an effective date of April 1, 1994.

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.

INTRODUCE ORDINANCE RELATING TO PENSION
PLAN BENEFITS

Committee No. 1, Finance, reported having considered the matter of amendment of Section 7-0204, subsection 4 of the City Code relating to pension plan, and recommended approval of the amendment, and to introduce ordinance for first reading.

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.

Council Member Beyer introduced an ordinance entitled "An ordinance amending Section 7-0204 of the Grand Forks City Code relating to pension plan benefits", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ANNUAL
APPROPRIATIONS BILL ORDINANCE (GENERAL FUND-
AUDITOR'S OFFICE)

Committee No. 1, Finance, reported having considered the matter of budget amendment, city auditor's budget, to transfer $4,000 from Carry-over to Consultants for computer training program by New World Systems for inventory and public works software, and recommended approval of the amendment and introduction of an ordinance for first reading.

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.

Council Member Beyer introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (General Fund, Auditor's Office), which was presented, read and passed on its first reading.

SUSPEND RULES TO ALLOW CONSIDERATION OF GROWTH
FUND APPLICATION ALONG WITH MATTER OF TAX INCREMENT
FINANCING FOR GFG REAL ESTATE L.L.C AND TRUCK PLAZA
13452
March 7, 1994

It was moved by Council Member Beyer and seconded by Council Member Carpenter to suspend the agenda and allow consideration of agenda item 7-19 (b) matter of Growth Fund application by GFG Food Services, Inc. along with consideration of item 7-5 tax increment financing for GFG Real Estate L.L.C. and Truck Plaza. Carried 13 votes affirmative.

GRANT PRELIMINARY APPROVAL OF TAX INCREMENT
FINANCE FOR GFG FOOD SERVICE, INC., AND APPROVE
GROWTH FUND PARTICIPATION IN THE PROJECT, SET
DISTRICT AND SCHEDULE PUBLIC HEARING FOR APRIL 4
Committee No. 1, Finance, reported having considered the matter of tax increment financing for GFG Real Estate L.L.C. and Truck Plaza, and recommended that we find that the property is commercial or industrial, presently undeveloped; that we grant preliminary approval of the tax increment financing in an amount not to exceed $1.5 Million for GFG Food Service, Inc. and in an amount not to exceed $1.2 Million for Truck Plaza, subject to a public hearing to be scheduled for April 4, 1994 before the city council with final action by the city council after that date; and further that the proper City officials give notice in the official newspaper and to competitors; and further that we set the tax increment districts as shown on the plat.

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

Committee No. 4, Urban Development, reported having considered the matter of Growth Fund participation in GFG Food Services, Inc. and recommended that the City approve an interest subsidy grant in the amount of $134,615.00, and further that the City approve the tax increment financing in an amount up to $1.4 Million for a period of 20 years.

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

It was moved by Council Member Carpenter and seconded by Council Member Kulas to amend the motion by the Finance Committee to delete "...and in an amount not to exceed $1.2 Million for Truck Plaza".

Council Member Carpenter explained that it had been determined that the City could fund the Truck Plaza infrastructure out of Infrastructure Funds so would not need tax increment financing to fund this, and will allow the project to go forward.

Upon call for the question on the amendment and upon voice vote, the motion carried 13 votes affirmative.

It was moved by Council Member Carpenter and seconded by Council Member Kulas to amend the motion by the Urban Development Committee to change the amount of tax increment financing from $1.4 Million to $1.5 Million. Carried 13 votes affirmative.

Upon call for the question on the motion by the Finance Committee, as amended, 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.

Upon call for the question on the motion by the Urban Development Committee, as amended, 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.
13453
March 7, 1994

Mayor Polovitz declared the motion carried.

Council Member Carpenter introduced the following resolution (relating to the creation of a development or renewal area in the city, preparation of a development or renewal plan and agreements with developers and calling a public hearing on the approval of the plan and the agreements), which was presented and read: Document No. 6195 - Resolution.

It was moved by Council Member Carpenter and seconded by Council Member Kulas 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 motion carried and the resolution adopted.

APPROVE REQUEST BY MARCH OF DIMES TO
HOLD ANNUAL "WALK AMERICA" EVENT ON APRIL 24

Committee No. 2, Public Safety, reported having considered the request by Northeast ND Division March of Dimes to hold annual "Walk America" event on April 24, 1994, and recommended that the request be approved, subject to signing of an indemnity and hold harmless agreement.

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 LIQUOR LICENSE AT
LINCOLN GOLF COURSE

Committee No. 2, Public Safety, reported having considered the application for liquor license at Lincoln Golf Course (Robert L. Montgomery, L.R. & R., Inc. for Class 7 Golf Course On-Sale Beer and Wine and Sunday Alcoholic Beverage license), and recommended that the application be approved.

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.

INTRODUCE ORDINANCE AMENDING ANNUAL APPROPRIATIONS
BILL ORDINANCE FOR CALENDAR YEAR 1994 (HEALTH
DEPARTMENT-COMMUNICABLE DISEASE GRANT AND IMMUNIZATION
FEES)

Committee No. 2, Public Safety, reported having considered the budget amendment request by the Health Department (Communicable Disease Grant), and recommended approval of the request and introduction of an ordinance to amend the budget.

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.

Council Member McCabe 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.

INTRODUCE ORDINANCE AMENDING SECTION 8-0204
OF THE CITY CODE

Committee No. 2, Public Safety, reported having considered the matter of
13454
March 7, 1994

amending to Grand Forks City Code, Section 8-0204, and recommended amendment of Section 8-0204 to delete penalty, and to introduce ordinance for first reading.

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.

Council Member McCabe introduced an ordinance entitled "An ordinance


which was presented, read and passed on its first reading.

AUTHORIZE BIDDING OF PUMPING EQUIPMENT
FOR RICHARD'S WEST STORM SEWER IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of Richard's West storm sewer improvements, proposed procedures and contracts, and recommended that we authorize bidding of the pumping equipment for the project.

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

AUTHORIZE CALL FOR BIDS FOR AERIAL PHOTOGRAPHY
AND MAPPING FOR PROJECT NO. 3987, CORPS OF
ENGINEERS RED RIVER FLOOD STUDY

Committee No. 3, Public Service, reported having considered the matter of request to call for bids for aerial photography and mapping for Project No. 3987, Corps. of Engineers Red River Flood Study, and recommended that we authorize call for bids.

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

APPROVE SUPPLEMENTAL AGREEMENT NO. 1 TO
PROJECT NO. 4117, RENOVATION OF PUBLIC WORKS
FACILITY

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1 to Architect/Engineering agreement for Project No. 4117, renovation of public works facility, and recommended that we approve Supplemental Agreement No. 1 for additional A/E services, and that the contract be amended to increase the maximum not-to-exceed amount from $130,000 to $165,000.

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

AWARD CONTRACT FOR SIDEWALK PROJECT NO. 4151,
1994 CONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of bids received for Project No. 4151, 1994 sidewalk repair, and recommended that we accept the low bid of S. M. Kalenze Construction on a unit price basis in the
13455
March 7, 1994

amount of $179,800.

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

AWARD CONTRACT FOR PROJECT NO. 4152, CONCRETE
STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of bids received for Project No. 4152, 1994 concrete street repair, and recommended that we accept the low bid of Opp Construction in the amount of $284,970.00.

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

AWARD CONTRACT FOR PROJECT NO. 4153, ASPHALT
STREET REPAIR

Committee No. 3, Public Service, reported having considered the bids received for Project No. 4153, 1994 asphalt paving repair, and recommended that we accept the low bid of Valley Contracting Company in the amount of $18,405.00.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN DISTRICT NO. 220, PROJECT NO. 4010

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4010, District No. 220, watermain on South Washington Street from 28th Avenue South to 32nd Avenue South, and recommended that we pass a resolution creating the special assessment district, approving the engineer's report, including estimate of cost, an assessment district map; that we pass a resolution instructing the city engineer to prepare detailed plans and specifications; and further that we declare intent to sell bonds to finance these improvements.

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

Council Member Glassheim introduced the following resolution creating the assessment district which was presented and read: Document No. 6196 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Beyer 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;
13456
March 7, 1994

voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN DISTRICT
NO. 220, PROJECT NO. 4010

The city auditor presented and read the engineer's report on Watermain District No. 220, Project No. 4010: Document No. 6197 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
WATERMAIN DISTRICT NO. 220, PROJECT NO. 4010

Council Member Glassheim introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6198 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this resolution be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING DISTRICT NO. 526, PROJECT NO. 4147

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4147, District No. 526, paving North Columbia Road from Highway 81 to north of Gateway Drive, and recommended that we pass a resolution creating the special assessment district, approving the engineer's report, including estimate of cost, an assessment district map; that we pass a resolution instructing the city engineer to prepare detailed plans and specifications; and further that we declare our intent to sell bonds to finance these improvements.

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

Council Member Glassheim introduced the following resolution creating the assessment district which was presented and read: Document No. 6199 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Beyer 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 motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING DISTRICT
NO. 526, PROJECT NO. 4147