Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, March 21, 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 Monday, March 21, 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, Beyer, Shores, Johnson, Hagness - 12; absent: Council Members Lien, Geller - 2.

Mayor Polovitz announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the issue.

ADOPT ORDINANCE NO. 3390, AMENDING CHAPTER
XVIII, ARTICLE 8, COMPREHENSIVE PLAN, PERTAINING
TO THE GRAND FORKS/EAST GRAND FORKS CENTRAL
BUSINESS DISTRICT PLAN OF 1994; AND ADOPT
RESOLUTION ASKING RIVER FORKS TASK FORCE TO
CONTINUE IN EXISTENCE TO DEFINE POWERS AND DUTIES
OF THIS ENTITY AND TO DEVELOP INITIAL PLAN FOR
IMPLEMENTATION

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 Central Business District Plan of 1994", 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.

Schurkey Swanke, 1506 South 15th Street, expressed concern about cost, adopting before know any costs, and asked what are costs and what are they trying to accomplish; and also questioned how much tax money already spent on the project. Robert Bushfield, city planner, reported there was a $40,000 federal grant and $30,000 in local monies split between two communities (Grand Forks and East Grand Forks), with local matching provided by the downtown business owners.

Thomas Lax, 1116 2nd Avenue North, stated that the City should retain property and lease property to developer and let them do whatever improvements they would want.

Karen Kjelland, 113 Walnut Street, North Valley Arts Council, stated that this is a directional plan, with no price tag as yet, and each individual item would be considered.

Council Member Carpenter spoke in favor of the plan, that it represents a vision, concept of what communities can do together, that this is natural resource and need to utilize, haven't addressed specific costs. He also stated they don't know what fast plan will be implemented, depends on what citizens want and that there will be some public funds put into project over a period of time. It was also stated by Council Member Beach that the River Forks Plan is not a single project, that project would unfold over period of
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years; that plan is not a disguise for a new civic center, that is a separate issue and should be considered separately; that this is one more phase in our growth. Several other council members spoke in favor of the proposed plan.

Mr. Bushfield thanked the members of the River Forks Task Force, and stated that this is a document that City will be able to use well into the future, that City will follow proper procedures, and that they do not have dollar amounts; that at this time is just a vision and each part of plan implemented would have to come back to this body.

Mayor Polovitz closed the public hearing.

The City Planning and Zoning Commission reported having considered the matter of the request from the City Planning Department for final approval of an ordinance and adoption of a resolution amending the Central Business District (CBD) Element of Grand Forks City Comprehensive Plan to include the 1994 Riverforks Plan Update.

It was moved by Council Member Hagness and seconded by Council Member Glassheim 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, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

Council Member Carpenter introduced a resolution, which was presented and read: Document No. 6202 - Resolution.

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

CONTINUE SECOND READING OF ORDINANCE TO
ANNEX LOT 1, BLOCK 1, MAIER'S SECOND ADDITION
TO CITY TO APRIL 4, 1994

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Block 1, Lot 1, Maier's Second Addition", which had been introduced and passed on its first reading on March 7, 1994, was presented and read for consideration on second reading.

The city auditor reported that the notice to the public that this petition for annexation had been filed with the city council had not 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.

It was moved by Council Member Hagness and seconded by Council Member Shores that the public hearing and second reading of the ordinance be continued to April 4, 1994. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3391, RELATING TO DRIVING
WHILE LICENSE UNDER SUSPENSION OR REVOCATION

An ordinance entitled "An ordinance amending Section 8-0204 of the Grand Forks City Code relating to driving while license under suspension or revocation", which had been introduced and passed on its first reading on March 7, 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, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3392, RELATING TO
PENSION PLAN BENEFITS

An ordinance entitled "An ordinance amending Section 7-0204 of the Grand Forks City Code relating to pension plan benefits", which had been introduced and passed on its first reading on March 7, 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, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3393, RELATING TO PENSION
COMMITTEE

An ordinance entitled "An ordinance

which had been introduced and passed on its first reading on March 7, 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, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3394, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (GENERAL FUND AND AUDITOR'S OFFICE)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (General Fund and Auditor's Office), which had been introduced and passed on its first reading on March 7, 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, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3395, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (HEALTH DEPARTMENT-COMMUNICABLE
DISEASE BUDGET)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994 (Health Department - Communicable Disease budget), which had been introduced and passed on its first reading on March 7, 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, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

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HOLD PUBLIC HEARING ON APPLICATIONS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
AND APPROVE ALLOCATION OF FUNDS

The city auditor reported that the required legal notice calling for a public hearing to be held this evening on the Community Development Block Grant funds, prioritization and funding; and stated that the City of Grand Forks will receive approximately $605,000.

Mayor Polovitz called for the public hearing on the Community Development Block Grant fund applications and funding for 1994-95, and asked if anyone had comments to present to the council.

Dick Kjelland, Director of Development for Grand Forks Mission, 113 Walnut Street, read statement appealing decision by the Urban Development Committee not to allocate funding for the Grand Forks Mission's capital improvements program, phase III; that they were ranked by the Citizens' Advisory Committee, and that their proposal is for re-instatement of at least a portion of the funding so they would be able to carry on some capital improvement projects.

Council Member Hanson stated that there are other options available, that the Grand Forks Mission may be eligible for funds from another source for this project; and that council could at later date allow using some funds allocated under Contingencies.

John O'Leary, executive director, Urban Development Office, advised council that this year the City allocated $20,000 of Community Needs funds to the Mission; that there has been over quarter of a million dollars from CDBG funds and Community Needs funds allocated to the Grand Forks Mission; that those funds used for projects for kitchen, replacing major utilities, repairing elevator, replacement of restrooms in men and women's dorms; and that he has been advised that second source of funds triple what there was last year. He also reported that this year there were $200,000 more in applications than monies to distribute, and if other sources of funding, have to encourage them to address those sources.

Mr. Kjelland stated he had received letter from CDBG Program Administrator and ADA/Building Code Administrator, from the Office of Intergovernment Assistance for the State of North Dakota, and that the Mission was "punitively encouraged" to use any monies they might received from Emergency Shelter Grant funds for 1994 to make their buildings accessible to the disabled, that if they did not use Shelter Grant funds to comply with the ADA and Section 504 they run the risk of not ever receiving from that agency again. He stated they will be applying for Shelter for the Homeless Grant funds.

Schurkey Swanke, 1506 South 15th Street, spoke in favor of allocation for Grand Forks Mission, that this is a deserving entity.

Mayor Polovitz closed the public hearing.

Committee No. 4, Urban Development, reported having considered the matter of project applications for Community Development Block Grant (CDBG) funds for 1994, and recommended allocation of funds for bricks and mortar projects as follows: a) Grand Forks Park Board (Youth Center building), $65,000; b) Grand Forks Housing Authority (Rehab of Grand Forks Homes, Phase B), $50,000; c) Office of Urban Development (GF Affordable Housing Assistance Program), $95,250; d) Office of Urban Development (Playground Equipment), $25,000; e) Office of Urban Development (Housing Demo Program), $60,000; f) Office of Urban Development (Acquisition and Demolition project), $25,000; g) Office of Urban Development (Riverbank Park), $20,000; h) Office of Urban Development (Storefront Rehab.), $15,000; i) Grand Forks Park District (Handicap Park),
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$18,000; Contingencies, $20,000; and Administration, $121,000; for a total of $514,250.

Committee No. 4, Urban Development, reported having considered the matter of project applications for Community Development Block Grant (CDBG) funds for 1994, and recommended allocation of funds for public service projects as follows: a) Adult Abuse Community Service, Inc. (operating funds), $30,000; b) Grand Forks Housing Authority (Youth Program), $10,000; c) Third Street Clinic, $10,000; d) Office of Urban Development (Affordable Housing Assistance Program), $10,000; e) Listen, Inc. (operating funds), $19,000; f) Greater Grand Forks Emergency Food Cupboard, $5,875; and g) Operation Transition, $5,875; for a total of $90,750.

It was moved by Council Member Carpenter and seconded by Council Member Hanson that these recommendations be and are hereby approved.

Council Member Hanson stated he would like to clarify comments in committee minutes relative to Grand Forks Park District Project #21 (Handicap Park), that the money available through CDBG for this project would be contingent upon their being able to raise their own funds to complete the project. He moved an amendment to the motion that the applicant (Grand Forks Park District) must contribute sufficient funds from non-public sources to complete the project prior to the release of CDBG funds; Council Member Glassheim seconded the motion.

John Staley, supt. of forestry division, Grand Forks Park District, opposed the amendment, that he didn't know where they would find $17-18,000 for this year.

Mr. O'Leary, stated they allocated $25,000 for this project last year, and that money still being held and not released, and also noted that under HUD regulations, there is a problem carrying over funds.

Chuck Orange, 1701 University Avenue, stated that if the amendment prevails and they fail to raise $17-18,000, then would also lose the $18,000 in that amendment, and that he objected to the amendment.

Mr. Staley also stated in response to comments by the council that the Park District was considering this project for Sertoma Park, that they did consider Sertoma Park for this project, but decided that was not a good location at this time, people who would use live in area where now planned; that Sertoma Park site is now a dead issue.

Thomas Lax, 1116 2nd Avenue North, objected to use of grant monies for this project; that Park Board should pay for that park.

After considerable discussion Council Members Hanson and Glassheim withdrew their amendment to the motion.

Bobby Vogel, 2500 145th Avenue South, Apt. 11, representing ARC, stated that park would be utilized, that there are a lot of group homes in that area with residents who would utilize park, and also residents at 110 Cherry Street.

Upon call for the question on the original motions and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motions carried.

COUNCIL MEMBER JOHNSON EXCUSED


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HOLD PUBLIC HEARING ON PROPOSED ROUTE MODIFICATIONS
AND FARE INCREASEs FOR CITY BUS AND DIAL-A-RIDE

The city auditor reported that the hearing on the proposed modifications for bus routes and on the proposed fare increase had been continued from the February 22 meeting until this evening.

Mayor Polovitz called for the public hearing.

Francis Quale, 735 Lincoln Drive, and Paul Johnson, 802 Lincoln Drive, appeared in support of bus service for Lincoln Drive area.

Linda Anderson, 317 DeMers Avenue, appeared relative to this matter, and questioned if this was the last meeting or if there would be additional meetings relative to proposed changes in bus service.

Floyd Olson, 1015 Lincoln Drive, stated opposition to the Lincoln Drive residents losing bus service.

Mayor Polovitz closed the public hearing.

The Bus Committee reported having considered the matter of proposed transit and Dial-a-Ride program fare adjustments, and recommended approval of the proposed fare structure adjustments.

The Bus Committee reported having considered the matter of proposed transit route modifications and time schedules, and recommended approval of the proposed transit route modifications and time schedules.

The Bus Committee reported having considered the matter of proposed bus route and time schedule for night bus service, and recommended approval of the proposed bus route and time schedule for night bus service.

The Bus Committee reported having considered the matter of placing lift-equipped buses in service on Grand Forks and East Grand Forks bus routes, and recommended designating Route 1 and 2 in Grand Forks and Routes 10 and 11 in East Grand Forks as lift-equipped bus routes.

It was moved by Council Member Hagness and seconded by Council Member Hanson that these recommendations be and are hereby approved.

It was moved by Council Member Hagness and seconded by Council Member Hanson to amend Route 1 to run route as proposed, however, between the hours of 9:00 a.m. and 3:30 p.m. (off-peak hours), the full Lincoln Drive loop would be added. Carried 11 votes affirmative.

Mr. Quale questioned whether at a later date whole service to Lincoln Drive area could be resumed, and there was some discussion re. compromise and study done in that area.

Upon call for the question on the motion as amended and upon voice vote, the motion carried 11 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 3700 BLOCK OF 26TH AVENUE SOUTH

The city auditor reported that the notice of public hearing on the application by Lloyd O'Keefe to move building from rural Crystal, ND to 3700 block of 26th Avenue South to be used a single family residence had been published and posted as required.

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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 by Lloyd O'Keefe to move building from rural Crystal, ND to 3700 block of 26th Avenue South (single family residence), and recommended that the application be approved, 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 11 votes affirmative.

RECESS MEETING FOR 5-MINUTES; AND RECONVENE

Mayor Polovitz called for a 5-minute recess.

The meeting reconvened at 9:10 p.m. with all members present.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Hagness and seconded by Council Member Kulas that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back with recommendation. Carried 11 votes affirmative.

Finance Committee:
1) matter of ratification of changes in by-laws of Greater Grand Forks Convention-Visitors Bureau.
2) Matter of amendment to Code re. Motel-Hotel Tax.
3) Application for property tax exemption by Richard Nelson for business at 1501 Dyke Avenue.

REPORTS OF OFFICERS

The City Auditor's Statement of Changes in Cash Balances as of February 28, 1994 was presented and read. It was moved by Council Member Kulas and seconded by Council Member Shores that this report be and is hereby received and filed. Carried 11 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-04, dated March 21, 1994, and totaling $1,374,637.23, 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 Hoeppner 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, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
AT 408 NORTH 8TH STREET

Committee No. 1, Finance, reported having considered the application for abatement of taxes by Larry F. Lizakowski, 408 North 8th Street, and recommended that we lower the market value to $3,000 for 1993.

It was moved by Council Member Shores and seconded by Council Member Kulas
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that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 11 votes affirmative.

ADOPT RESOLUTION RELATING TO ISSUANCE OF
REVENUE BONDS ON BEHALF OF THE UNITED
HOSPITAL, AND CALLING FOR PUBLIC HEARING

Committee No. 1, Finance, reported having considered the matter of bonds for United Hospital, and recommended adoption of the resolution relating to the issuance of revenue bonds on behalf of the United Hospital, and calling for a public hearing to be held on April 18, 1994 at 7:30 p.m.; giving City's consent to the Dorsey firm to act as bond counsel for the United Hospital and to serve as adviser to United Hospital in its reorganization efforts.

It was moved by Council Member Shores and seconded by Council Member Kulas that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Shores introduced a resolution relating to the issuance of $20,000,000 of Revenue bonds on behalf of The United Hospital: Document No. 6203 - Resolution.

It was moved by Council Member Shores 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, Beyer, Shores, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

APPROVE POLLING PLACES, APPOINT INSPECTORS OF ELECTION AND ESTABLISH HOURS OF ELECTION
FOR JUNE 14 PRIMARY ELECTION

Committee No. 1, Finance, reported having considered the matter of polling places and inspectors for the June 14, 1994 election, and recommended approval of the listing and submittal to the county auditor, and that hours of polling places within the city be set as 7:00 a.m. to 8:00 p.m. Document No. 6204 - Listing.

It was moved by Council Member Shores and seconded by Council Member Kulas that this recommendation be and is hereby approved. Carried 11 votes affirmative.

ESTABLISH OVERTIME RATE FOR SPECIAL
POLICE AND FIRE SERVICES

Committee No. 1, Finance, reported having considered the matter of overtime rate for special police and fire services, and recommended that we establish a rate of $24.00 per hour for special services.

It was moved by Council Member Shores and seconded by Council Member Kulas that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE REMODELING OF CITY-OWNED PROPERTY
AT 25 SOUTH 3RD STREET, AND APPROVE PLANS AND
SPECIFICATIONS

Committee No. 1, Finance, reported having considered the matter of remodeling property at 25 South 3rd Street, and recommended that we approve plans, with $40,000 to be taken out of Deficiency Fund as loan to be repaid through
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rentals to the fund; that we negotiate for minimum of 5-year lease with Equitable Life, with a 3 to 5-year option for renewal.

It was moved by Council Member Shores and seconded by Council Member Kulas
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, Beyer, Shores, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDER FOR CITY HALL REMODELING
PROJECT NO. 3812

Committee No. 1, Finance, reported having considered the matter of change order F-X for City Hall Project No. 3812 with a $579.00 deduct, and recommended approval of the change order.

It was moved by Council Member Shores and seconded by Council Member Kulas that this recommendation be and is hereby approved. Carried 11 votes affirmative.

GRANT THREE-MONTH EXTENSION OF LEAVE
WITHOUT PAY TO ROBERT CORBETT

Committee No. 1, Finance, reported having considered the matter of request for extension of leave without pay by Robert Corbett, and recommended that we grant extension for three months, and fund insurance premium at 50%, and to look at again at that time.

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

It was moved by Council Member Hanson and seconded by Council Member Hoeppner to amend the motion to pay 75% of the health insurance premium for Mr. Corbett.

After some discussion and upon roll call vote on the amendment, the following voted "aye": Council Members Hoeppner, Hanson, Glassheim, Crawford, Hagness - 5; voting "nay": Council Members Beach, McCabe, Kulas, Carpenter, Beyer, Shores - 6. Mayor Polovitz declared that the amendment failed.

Upon call for the question on the original motion, and upon voice vote, the motion carried 11 votes affirmative.

COUNCIL MEMBER HANSON EXCUSED

SUSPEND AGENDA AND CONSIDER MATTER OF JOB
DESCRIPTION FOR DIRECTOR OF HEALTH DEPARTMENT

It was moved by Council Member Beyer and seconded by Council Member Hagness that the agenda be suspended and that we allow consideration of an item not listed on the agenda - matter of job description for director of the health department. Carried 10 votes affirmative.

COUNCIL MEMBER HANSON REPORTED BACK

APPROVE JOB DESCRIPTION FOR DIRECTOR OF
HEALTH DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of job description for executive officer of the health department and recommended approval of the job description.
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Committee No. 1, Finance, reported having considered the matter of job description for director of health department, and recommended approval of the job description as submitted.

It was moved by Council Member Shores and seconded by Council Member Kulas that these recommendations be and are hereby approved.

Jay Graba, personnel officer, reported that the civil service commission will be meeting on Thursday afternoon because of change in additional educational requirements, which does increase value of that position, from Grade 17 to 18 contingent upon council's approval. He also noted that they researched positions and conclusion was that because of complexity of administration, etc. and because of emphasis on public health and health care reform, would increase requirements. He stated that otherwise no significant changes in duties and responsibilities of the position. It was noted that the Board of Health, who reviewed and revised the job description, voted unanimously in favor of recommendation to require master's degree for this position.

There was some discussion relative to the need for master's degree in public health administration or related discipline for this position.

Council Member Beach questioned whether they were becoming too stringent on educational requirements, and offered an amendment to the motion by striking master's degree and including bachelor's degree; Council Member Carpenter seconded the amendment.

After considerable discussion and upon voice vote, the amendment failed.

Upon call for the question on the original motion and upon voice vote, the motion carried 11 votes affirmative.

INTRODUCE ORDINANCE RELATING TO LICENSE
FEES FOR ALCOHOLIC BEVERAGES

Committee No. 2, Public Safety, reported having considered the matter of ordinance relating to license fees, Section 21-0106 (2), (3) and (4), and recommended that we approve amendment to the ordinance, and that the ordinance be introduced 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 11 votes affirmative.

Council Member Beyer introduced an ordinance entitled "An ordinance amending Section 21-0106 of the Grand Forks City Code relating to license fees", which was presented, read and passed on its first reading.

APPROVE REQUEST BY AMERICAN HEART ASSN. TO
HOLD "HEART RIDE" ON APRIL 30

Committee No. 2, Public Safety, reported having considered the request by American Heart Assn. to hold "Heart Ride" on Saturday, April 30, 1994, and recommended approval of the request, subject to coordinating with the police department, and 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 11 votes affirmative.



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ADOPT RESOLUTION RECOGNIZING UND PSYCHOLOGY
CLUB AS "PUBLIC SPIRITED" ORGANIZATION ELIGIBLE
TO CONDUCT GAMING, AND APPROVE APPLICATION FOR PERMIT

Committee No. 2, Public Safety, reported having considered the application for gaming permit: a) UND Psychology Club, raffle on April 21, and recommended
that we adopt a resolution recognizing the UND Psychology Club as a "public spirited" organization eligible to conduct games of chance, and approve the application.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Crawford introduced the following resolution which was presented and read: Document No. 6205 - Resolution.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this resolution be and is hereby approved. Carried 11 votes affirmative.

DELETE SIDEWALK REQUIREMENT IN EASEMENT BETWEEN
11TH AVENUE SOUTH AND CRESCENT DRIVE; AND REFER
TO PLANNING COMMISSION FOR VACATION OF EASEMENT

Committee No. 3, Public Service, reported having considered the matter of petition protesting sidewalk in easement between 11th Avenue South and Crescent Drive, and recommended that this property be deleted from any existing sidewalk list and the matter of vacation of the sidewalk easement be referred to the Planning and Zoning Commission to begin the vacation process.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE REIMBURSEMENT TO WEEKLEY
AUTO PARTS, INC. FOR REIMBURSEMENT FOR
VEHICLE RELOCATION EXPENSES, ENGLISH COULEE
DIVERSION PROJECT

Committee No. 3, Public Service, reported having considered the matter of bill from Myron Weekley for moving cars for English Coulee Diversion Project, and recommended that we pay the bill in the amount of $21,300.00, with monies to be paid out of English Coulee Diversion Fund.

It was moved by Council Member Beach 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, Beyer, Shores, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE ENGINEERING AGREEMENT FOR PROJECT
NO. 3832, LAGOON PRE-AERATION IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of contract for construction engineering services, Project 3832, Lagoon Pre-aeration Improvements, with KBM, Inc., and recommended that we approve the contract in the maximum amount of $82,270.51, and authorize proper City officials to sign said agreement.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following 13478
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voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Beyer, Shores, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING AGREEMENT
FOR PROJECT 3821, RICHARD'S WEST STORM SEWER

Committee No. 3, Public Service, reported having considered the matter of Richard's West storm sewer improvements, Project 3821, additional gravity sewer, engineering contract amendment, and recommended that we approve the amendment to the engineering services contract in the amount of $17,200.00 because of the expansion of the project.

It was moved by Council Member Beach 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, Beyer, Shores, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

ACCEPT PRELIMINARY CONCEPT REPORT FOR
6TH AVENUE NORTH RECONSTRUCTION PROJECT,
PROJECT NO. 4044

Committee No. 3, Public Service, reported having considered the matter of preliminary concept report for 6th Avenue North reconstruction, and recommended to approve concept report and submit to the ND State Department of Transportation for their review and approval.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING DISTRICT NO. 527, PROJECT NO. 4126

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4126, District 527, overpass widening and street reconstruction at 32nd Avenue South and I-29, and recommended that we pass a resolution creating the special assessment district, approving the engineer's report, including estimate of cost, and an assessment district map, and further that we declare our intent to sell bonds.
It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Beach introduced the following resolution creating the assessment district which was presented and read: Document No. 6206 - Resolution.

It was moved by Council Member Beach 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, Beyer, Shores, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING DISTRICT NO.
527, PROJECT NO. 4126

The city auditor presented and read the engineer's report on Paving District No. 527, Project No. 4126: Document No. 6207 - Report.

It was moved by Council Member Beach and seconded by Council Member Beyer that 13479
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this report be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, PAVING DISTRICT
NO. 527, PROJECT NO. 4126

Council Member Beach introduced the following resolution of necessity, which was presented and read: Document No. 6208 - Resolution.

It was moved by Council Member Beach 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, Beyer, Shores, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

APPROVE PLANS AND SPECIFICATIONS AS PREPARED
BY THE ND STATE DEPARTMENT OF TRANSPORTATION
FOR PROJECT NO. 4126

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4126, District No. 527, 32nd Avenue South overpass widening and street reconstruction, and recommended that we pass a resolution approving the plans and specifications as prepared by the North Dakota State Department of Transportation for this construction with a scheduled bid date of March 25, 1994.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Beach introduced the following resolution, which was presented and read: Document No. 6209 - Resolution.

It was moved by Council Member Beach and seconded by Council Member Beyer that this resolution be and is hereby adopted. Carried 11 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4206, DISTRICT NO. 347