Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, April 18, 1994

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, April 18, 1994 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; absent: Hanson, Carpenter, Geller, Johnson - 10.

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 OF MARCH 21, 1994

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, March 21, 1994 were presented and read. It was moved by Council Member Shores and seconded by Council Member Hagness that these minutes be approved as read. Carried 10 votes affirmative.

ADOPT ORDINANCE NO. 3398, AMENDING ZONING MAP
TO INCLUDE GARDENVIEW ESTATES ADDITION WITHIN
THE GARDENVIEW ESTATES PUD (CONCEPT DEVELOPMENT
PLAN) DISTRICT

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the A-1 (Limited Agricultural) District and to include within the Gardenview Estates PUD (Planned Unit Development) District, Concept Development Plan, Gardenview Estates Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 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 request from CPS, Ltd. on behalf of Johnson Farms/Tim Crary for final approval of an ordinance to amend the zoning map to exclude from the A-1 (Limited Agricultural) District and to include within the Gardenview Estates PUD (Planned Unit Development), Concept Development Plan, Grand Forks Township (T151N, R50W), Section 8, South Half of the Northwest Quarter (S-1/2 NW-1/4) (located north of 11th Avenue South extended and between South 34th Street and South 42nd Street), 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 Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 10 votes affirmative.

It was moved by Council Member Hagness and seconded by Council Member Glassheim that the ordinance be amended to include the entire 80-acre parcel. Carried 10 votes affirmative.

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April 18, 1994

Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 3399
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
RIGHTS OF WAY SHOWN AS DEDICATED ON THE PLAT OF
GOLDEN VALLEY SECOND 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 Golden Valley Second Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading, 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 CPS, Ltd. on behalf of Haugen-Masory for final approval of the plat of Golden Valley Second Addition (located between 31st Avenue South and 32nd Avenue South and between South 38th Street and South 42nd Street), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan.

It was moved by Council Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 10 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, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 3400
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
RIGHTS OF WAY SHOWN AS DEDICATED ON THE PLAT OF
KUSTER FOURTH RESUBDIVISION

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 Kusters Fourth Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 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.

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April 18, 1994

The City Planning and Zoning Commission reported having considered the matter of the request from Branden Bartholomew on behalf of Rod Hadland for final approval of the plat of Kuster Fourth Resubdivision to the city of Grand Forks, North Dakota (located in the northwest corner of 17th Avenue South and South 34th Street), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 10 votes affirmative.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that the ordinance be amended to reflect change in plat title - from Kusters Fourth Resubdivision to Kuster Fourth Resubdivision. Carried 10 votes affirmative.

Upon call for the question of adoption of this ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3401, AMENDING ZONING MAP
TO INCLUDE KUSTER FOURTH RESUBDIVISION WITHIN
KUSTER PUD (CONCEPT AND DETAILED DEVELOPMENT
PLANS, AMENDMENT NO. 2) DISTRICT

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota to rezone and exclude from Kuster PUD (Planned Unit Development) Concept and Detailed Development Plan, Amendment No. 1 and to exclude from a portion of Johnson's PUD (Planned Unit Development), Concept and Detailed Development Plan, and to include within Kuster PUD (Planned Unit Development), Concept and Detailed Development Plan, Amendment No. 2, all of Kusters 4th Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 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 Branden Bartholomew on behalf of Rod Hadland for final approval of an ordinance to amend the zoning map to exclude from Kuster PUD (Planned Unit Development), Concept and Detailed Development Plan, Amendment No. 1 and to exclude from a portion of Johnson's PUD (Planned Unit Development), Concept and Detailed Development Plan, and to include within Kuster PUD (Planned Unit Development) Concept and Detailed Development Plan, Amendment No. 2, all of Kuster Addition and Kuster Fourth Resubdivision to the city of Grand Forks, North Dakota (located in the northwest corner of 17th Avenue South and South 34th Street), 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 Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 10 votes affirmative.
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April 18, 1994

It was moved by Council Member Hagness and seconded by Council Member Glassheim that the ordinance be amended to reflect change in plat title from Kusters 4th Resubdivision to Kuster Fourth Resubdivision. Carried 10 votes affirmative.

Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote the following voted "aye": Council members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

TABLE SECOND READING OF ORDINANCE TO AMEND
ZONING MAP TO INCLUDE ALL OF WILCOX & MALM
TRACT AND ALL OF LEGVOLD'S SUBDIVISION WITHIN
THE I-2 (HEAVY INDUSTRIAL) DISTRICT

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota to rezone and exclude from the 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 continued until this evening, was presented and read for consideration on second reading.

Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

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 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 tabling the request.

It was moved by Council Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 10 votes affirmative.

ADOPT ORDINANCE NO. 3402 TO ALLOW FOR THE
ADDITIONAL LEVY OF TAXES FOR CAPITAL IMPROVEMENTS
FOR CONVENTION AND VISITORS BUREAU VISITOR CENTER
AND OFFICE BUILDING AND TO RATIFY CHANGES IN BY-
LAWS OF GREATER GRAND FORKS CONVENTION AND
VISITORS BUREAU

An ordinance entitled "An ordinance amending Article 21 Chapter XXI of the Grand Forks City Code relating to hotel-motel tax", which had been introduced and passed on its first reading on April 4, 1994, was presented and read for consideration on second reading and final passage.

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April 18, 1994

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, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

(Note: Ordinance No. 3403 deleted - combined with Ordinance No. 3402)

ADOPT ORDINANCE NO. 3404, RELATING TO HAZARDOUS
MATERIALS INCIDENT RESPONSE TEAM

An ordinance entitled "An ordinance amending Sections 12-0503 and 12-0504 of the Grand Forks City Code relating to the hazardous materials incident response team", which had been introduced and passed on its first reading on April 4, 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, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3405, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (POLICE DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (police department), which had been introduced and passed on its first reading on April 4, 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, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3406, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (POLICE BUILDING)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (police building), which had been introduced and passed on its first reading on April 4, 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, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3407, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (ASSESSOR'S DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (assessor's department), which had been introduced and passed on its first reading on April 4, 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, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay":
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none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3408, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (ATTORNEY)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (attorney), which had been introduced and passed on its first reading on April 4, 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, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

HOLD PUBLIC HEARING ON PROPOSAL THAT THE CITY
ISSUE ITS REVENUE BONDS UNDER ND MIDA, NDCC, BY
AND FOR UNITED HOSPITAL, AND ADOPT RESOLUTION
APPROVING THE PROJECT AND PRELIMINARILY AUTHORIZING
THE ISSUANCE OF REVENUE BONDS TO FINANCE SUCH PROJECT

The Mayor announced that this was the time set for a public hearing on a proposed issue of revenue bonds of the City under the Municipal Industrial Development Act on behalf of The United Hospital. The Mayor stated that all persons present who wished to be heard with respect to the proposed bonds and the project to be financed thereby would now be heard, whereupon the following persons appeared and expressed the views summarized opposite their respective names:

Rosemary Bertch Jacobson, President, United Hospital, expressed appreciation for the City's support so that United Hospital can continue to grow and serve the community.

There being no other persons present expressing a desire to be heard, the Mayor announced the hearing was closed.

Council Member Lien then introduced the following resolution and moved its adoption: Document No. 6228 - Resolution.

The motion for the adoption of the resolution was duly seconded by Council Member Beyer; and upon vote being taken thereon, the following voted in favor thereof: Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; and the following voted against the motion: none; whereupon the resolution was declared duly passed and adopted.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Kulas 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. Carried 10 votes affirmative.

Finance Committee:
1) matter of community relations officer position.

REPORTS OF OFFICERS

The statement of changes in cash balances as of March 31, 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 10 votes affirmative.
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April 18, 1994

APPROVE BILLS

Vendor Payment Listing No. 94-06, dated April 18, 1994, and totaling $965,335.96, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Beyer and seconded by Council Member 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, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

ADOPT INITIAL RESOLUTION AUTHORIZING ISSUANCE
AND CALLING FOR THE PUBLIC SALE OF GENERAL OBLIGATION
TAX INCREMENT BONDS, SERIES 1994A

Committee No. 1, Finance, reported having considered the matter of setting sale of up to $1.5 Million in tax increment bonds for GFG Food Services, and recommended that we adopt a resolution relating to the issuance of $1,310,000 General Obligation Tax Increment Bonds, Series 1994A, and calling for the public sale thereof.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Council Member Shores introduced the following resolution and moved its adoption: Document No. 6229 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member McCabe, and upon vote being taken thereon, the following voted in favor: Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the mayor and his signature attested by the city auditor.

APPROVE APPLICATIONS FOR THREE-YEAR TAX
EXEMPTION OF IMPROVEMENTS TO COMMERCIAL AND/OR
RESIDENTIAL BUILDINGS

Committee No. 1, Finance, reported having considered the applications for three-year remodeling exemptions: a) 711 North Washington Street, b) 1619 South 19th Street, c) 1300 Lincoln Drive, d) 2515 South Washington Street, e) 716 South 25th Street, f) 736 South 25th Street, g) 2523 7th Avenue South, h) 2529 7th Avenue South, i) 2603 7th Avenue South, and recommended that the applications be approved.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the motion carried.

MAKE COUNTER OFFER ON SALE OF CITY PROPERTY
(LOT 15, BLOCK 1, RYDELL-WEST SUBDIVISION)

Committee No. 1, Finance, reported having considered the matter of sale of Lot 15, Block 1, Rydell-West Subdivision, and recommended that we offer the property for sale for $6,500 to Grand Forks Equipment, Inc. with no contingencies as far as title or dirt work, in an "as is" condition; and that
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April 18, 1994

the city attorney handle documentation of the sale.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 10 votes affirmative.

AUTHORIZE MILEAGE RATE UNDER OCCUPATIONAL
HEALTH NURSE GRANT

Committee No. 1, Finance, reported having considered the matter of vehicle mileage reimbursement for use of private vehicle through grant funds, and recommended approval of request and to allow a mileage rate of 29 cents per mile under the occupational health nurse grant only.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE REQUEST FOR OFFICE FURNISHINGS
IN ENGINEERING AND PUBLIC WORKS DIRECTOR
OFFICES

Committee No. 1, Finance, reported having considered the matter of office furnishings for engineering department, and recommended that we approve the request for office furnishings in the amount of $7,300, with funding as follows: $1,370 from Building Fund, $2,250 from sale of drafting tables, and $3,680 from engineering department budget.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 1, Finance, reported having considered the matter of office furnishings for public works department, and recommended approval of the request to purchase office furnishings in the amount of $5,562.00, with total funding from the public works department budget.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE GRANT APPLICATION FOR GRAND FORKS
HISTORIC PRESERVATION COMMISSION AND AUTHORIZE
SUBMITTAL TO STATE HISTORICAL SOCIETY

Committee No. 1, Finance, reported having considered the matter of annual grant for Grand Forks Historic Preservation Commission in the amount of $28,000, and recommended approval of the grant application, and authorize submittal to the State Historical Society.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 10 votes affirmative.

AUTHORIZE FULL-TIME COMMUNITY HEALTH NURSE
POSITION TO BE FUNDED BY GRANTS

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April 18, 1994

Committee No. 1, Finance, reported having considered the matter of request to authorize creation of new community health nurse position funded by MCH and EPSDT grants, and recommended granting the request for one-full time position rather than part-time positions, if funds are available.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 10 votes affirmative.

AUTHORIZE CITY ATTORNEY'S OFFICE TO INITIATE
QUIET TITLE ACTION ON LOT 3 AND NORTHWEST
ONE-HALF OF LOT 5, BLOCK 26, ORIGINAL TOWNSITE

Committee No. 1, Finance, reported having considered the matter of quiet title action on property in City Center Mall - Lot 3 and northwest one-half of Lot 5, Block 26, Original Townsite, and recommended that we authorize the city attorney's office to initiate quiet title action.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE REQUEST BY SERTOMA CLUB TO HOLD
FIREWORKS DISPLAY AND DUCK RACE JULY 4, 1994

Committee No. 2, Public Safety, reported having considered the request by Sertoma Club to hold fireworks display and duck race during July 4 celebration, and recommended that the request be approved.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE CARNIVAL PERMIT AT SOUTH FORKS PLAZA
MALL BY SCHOEPPNER SHOWS MAY 5-15, 1994

Committee No. 2, Public Safety, reported having considered the application by Schoeppner Shows for carnival permit at South Forks Plaza Mall May 5 - 15, 1994, 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 10 votes affirmative.

APPROVE TRANSFER OF ALCOHOLIC BEVERAGE
LICENSE AT 10 NORTH 3RD STREET

Committee No. 2, Public Safety, reported having considered the application by L.T.D. Investments, Inc. for transfer of alcoholic beverage license at 10
North 3rd Street, including application for Sunday opening, and recommended approval of the application for transfer, subject to final approval by the fire, police, health and building departments, and subject to taxes being current.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE ALCOHOLIC BEVERAGE LICENSE FOR
DAKOTA QUEEN, INC. DBA DAKOTA QUEEN RIVERBOAT

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Committee No. 2, Public Safety, reported having considered the application for renewal of Class 10 Excursion Boat alcoholic beverage license by Dakota Queen, Inc. dba Dakota Queen Riverboat, and recommended approval of the application (including Sunday operations), subject to final review by the health, fire, police and building departments.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

INTRODUCE ORDINANCE TO REDUCE FEE FOR CLASS 10
EXCURSION BOAT ALCOHOLIC BEVERAGE LICENSE

Committee No. 2, Public Safety, reported having considered the matter of request by Paul Lester, Dakota Queen, for change in fee for Class 10 license, and recommended approval of an ordinance to reduce fee for Class 10 Excursion Boat alcoholic beverage license from $1,000 to $550, and that an 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 10 votes affirmative.

Council Member Crawford introduced an ordinance entitled "An ordinance amending Sections 21-0106 (4) and 21-0210 (3) of the Grand Forks City Code relating to the excursion boat liquor license fee", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO PENALTIES
FOR FIRE LANE PARKING VIOLATIONS

Committee No. 2, Public Safety, reported having considered the matter of marking fire lanes with red paint and increasing fine for illegally parking in fire lanes, and recommended amendment of the City Code to require marking of fire lanes with red paint, signing of the lanes, that penalty for violation be increased to $50.00, that the ordinance have an effective date of September 1, 1994, and further to introduce the 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 10 votes affirmative.

Council Member Crawford introduced an ordinance entitled "An ordinance adopting Section 8-0936(5) of the Grand Forks City Code relating to penalties for fire lane parking violations", which was presented, read and passed on its first reading.

APPROVE APPLICATION FOR SPECIAL ALCOHOLIC
BEVERAGE PERMIT BY WESTWARD HO

Committee No. 2, Public Safety, reported having considered the application by J.E.P., Inc. dba Fabulous Westward Ho Motel for special license to sell alcoholic beverages at designated premise, 121 North 5th Street, for Tau Kappa Epsilon social and dance on April 22, 1994.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

ACCEPT BID FOR PUMP FOR PROJECT 3821, RICHARD'S
WEST STORM SEWER/LIFT STATION
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Committee No. 3, Public Service, reported having considered the matter of bids for vertical mixed floor pump w/motors, Project No. 3821, Richard's West storm sewer/lift station, and recommended that we accept the bid of Dakota Pump & Control Company in the amount of $92,843.95, contingent upon funding.

It was moved by Council Member Beach and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO CONTRACT WITH WEBSTER,
FOSTER & WESTON FOR ENGINEERING SERVICES FOR
PROJECT 4199

Committee No. 3, Public Service, reported having considered the matter of engineering services contract, Project No. 4199, Pump Station #22 (also #23 and #7), and recommended approval of the contract with Webster, Foster & Weston as submitted on an hourly basis not to exceed $34,600.00.

It was moved by Council Member Beach and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the motion carried.

ACCEPT BID FOR TRUCK AND HOIST FOR SANITATION
DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for roll-off truck and hoist for sanitation department, and recommended award of the bid for the truck to Reiten & Young in the amount of $63,886.00, and award of the hoist and tarp to Swanston Equipment in the amount of $20,674.00.

It was moved by Council Member Beach and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE PRELIMINARY CONCEPT REPORT FOR PROJECT
NO. 4109, BRIDGE REPLACEMENT ON S. 42ND STREET

Committee No. 3, Public Service, reported having considered the matter of preliminary concept report for Project 4109, bridge replacement on South 42nd Street, and recommended approval of the preliminary concept report, contingent upon engineering department comments.

It was moved by Council Member Beach and seconded by Council Member Hagness
that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4184, RIP-RAP LEVELING AT LAGOON

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project 4184, rip-rap leveling at lagoon, and recommended approval of the plans and specifications and call for bids.

It was moved by Council Member Beach and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 10
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votes affirmative.

CONCUR IN AWARD OF BIDS FOR ND STATE
DEPARTMENT OF TRANSPORTATION PROJECTS
ON 32ND AVENUE SOUTH, GATEWAY DRIVE AND
NORTH 47TH STREET

Committee No. 3, Public Service, reported having considered the communication from the North Dakota Department of Transportation regarding bids for construction projects on Gateway Drive, North 47th Street and 32nd Avenue South: #IM-STI-6-029(002)136, #ND-STN-6-002(043)354, IM-6-029(014)141, and S-NHU/S-TNU-6-081(029)940 - I-29 from 32nd Avenue South north to the north Grand Forks interchange, southbound lane; I-29 from north Grand Forks interchange north to Ardoch; Gateway Drive from North 55th Street to I-29; North 47th Street from Gateway Drive to 12th Avenue North; and 32nd Avenue South from 42nd Street to west of I-29, and recommended that we concur in award of bid to James Cape & Sons Company of Racine, Wisconsin in the amount of $15,669,881.65, with the City's share estimated at $1,409,078.00.

It was moved by Council Member Beach and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the motion carried.

AWARD BID FOR AERIAL PHOTOGRAPHY AND
TOPOGRAPHIC MAPPING SERVICES FOR PROJECT
NO. 3987, FLOOD STUDY

Committee No. 3, Public Service, reported having considered the matter of bids for aerial photography and topographic mapping services for Project No. 3987, Corps of Engineers Red River Flood Study, and recommended that we not waive the two defects in the low bid and award to KBM, Inc. in the amount of $113,654.00.

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

Council Member Beyer stated that the defects in the low bid were minor, affidavit on non-collusion certificate signed but not notarized, and bids were not broken down; that only one of four bidders submitted break-down of the bids, matter of interpretation.

Council Member Beach urged strict adherence to the bidding procedures.

After further discussion and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE GROWTH FUND APPLICATION FOR PINE TO
PRAIRIE GIRL SCOUT COUNCIL

Committee No. 4, Urban Development, reported having considered the matter of Growth Fund application for Pine to Prairie Girl Scout Council, and recommended that a grant in the amount of $9,000 be approved to be used to renovate the warehouse for Carbo Enterprises, Ltd., contingent upon Carbo Enterprises entering into a five-year lease with the Girl Scout Council.

It was moved by Council Member Lien and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the
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April 18, 1994

following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas,
Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the motion carried.

AWARD BIDS FOR CONSTRUCTION OF HOUSES IN
BURDICK'S RESUBDIVISION

Committee No. 4, Urban Development, reported having considered the matter of award of bids for Burdick's Resubdivision, and recommended that we award bids for construction of 11 houses in Burdick's Resubdivision as follows: a) Sherlock Homes, $413,500.00; b) GHC, $63,357; c) Braseth Plumbing & Heating, Inc., $72,300; d) Ron's Electric, Inc., $44,953; e) Diversified Contractors, $95,263.20; f) GF Heating, Inc., $42,427; g) Lumber Mart, $271,598.82; h) Pella Windows, $34,993; and i) Associated Plumbing, $13,048.00; for a total of $1,051,440.02.

It was moved by Council Member Lien and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Lien, Beyer, Shores, Hagness - 10; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE 1994 BEAUTIFICATION PROJECTS AND
ALLOCATE FUNDING