Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, May 16, 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, May 16, 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, Geller, Johnson, Hagness - 14; absent: none.

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 APRIL 18 AND MAY 2, 1994

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, April 18, and of the regular meeting held on Monday, May 2, 1994, were presented and read. It was moved by Council Member Hanson and seconded by Council Member Johnson that these minutes be approved as read. Carried 14 votes affirmative.

APPROVE FINAL PLAT, AND ADOPT ORDINANCE NO. 3412
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
R/W SHOWN AS DEDICATED ON THE PLAT OF SHADYRIDGE
ESTATES FIRST 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 Shadyridge Estates First Addition to the city of Grand Forks, North Dakota, being a portion of Section 26, Township 151 North of Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on April 18, 1994, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The City Planning and Zoning Commission reported having considered the matter of the request from LaVonne Adams on behalf of Ralph J. Adams for final approval of Shadyridge Estates First Addition, Grand Forks, North Dakota, being a portion of Section 26, Township 151 North of Range 50 West of the 5th Principal Meridian (located at the easterly extension of 55th Avenue South), 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 14 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, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
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APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 3413
TO AMEND THE STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC RIGHTS OF WAY SHOWN AS DEDICATED ON THE
PLAT OF STATE MILL 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 State Mill Second Addition to the city of Grand Forks, North Dakota, being a part of the Southwest Quarter of Section 33, Township 151 North of Range 50 West of the 5th Principal Meridian (Falconer Township)", which had been introduced and passed on its first reading on April 18, 1994, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The City Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks City Engineering Department on behalf of the North Dakota Mill and Elevator for final approval of the plat of State Mill Second Addition, being a part of the Southwest Quarter of Section 33, Township 151 North of Range 50 West of the 5th Principal Meridian (Falconer Township) (located west of North Washington Street in the 1700 block, 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 14 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, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

DEFEAT ORDINANCE AMENDING ZONING MAP TO
INCLUDE ENDRES-RYDELL ADDITION, BLOCK 1,
LOTS K AND L, WITHIN B-3 (GENERAL BUSINESS)
DISTRICT, AND INTRODUCE ORDINANCE TO AMEND ZONING
MAP TO INCLUDE WITHIN MIK-LAN PUD, CONCEPT DEVELOP-
MENT PLAN, AMENDMENT NO. 2

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-2 (Limited Business) District and to include within the B-3 (General Business) District, Endres-Rydell Addition, Block 1, Lots K and L, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 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.

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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.

The City Planning and Zoning Commission reported having considered the matter of the request from Rick Elafson on behalf of KBM, Inc. for final approval of an ordinance to amend the Zoning Map to exclude from the B-1 (Limited Business) District and to include within the B-3 (General Business) District Endres-Rydell Addition, Block 1, Lots K and L (located at 1551 28th Avenue South), and recommended defeating the ordinance rezoning the property from B-1 to B-3; preliminary approval of an ordinance amending the zoning map to exclude from the Mik-Lan PUD, Concept Development Plan, including Amendment No. 1; Mik-Lan 2nd PUD, Concept Development Plan and B-1 (Limited Business) District and to include within the Mik-Lan PUD, Concept Development Plan, Amendment No.2, all of Mikkelson-Landeco Addition, Mikkelson-Landeco 2nd Resubdivision, Mikkelson-Landeco 3rd Resubdivision, Mikkelson-Landeco 4th Resubdivision and Lot L, Block 1, Endres-Rydell Addition; to set the date of the public hearing for June 6, 1994; and preliminary approval of Mik-Lan PUD, Amendment No. 2, Detailed Development Plan, D & L Building, Lot L, Block 1, Endres-Rydell Addition.

It was moved by Council Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": none; voting "nay": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14. Mayor Polovitz declared the ordinance defeated.

Council Member Hoeppner introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the MIK-Lan PUD (Planned Unit Development), Concept Development Plan, including Amendment No. 1; MIK-LAN 2nd PUD (Planned Unit Development) Concept Development Plan, and B-1 (Limited Business) District and to include within the MIK-LAN PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Mikkelson-Landeco Addition, Mikkelson-Landeco 2nd Resubdivision, Mikkelson-Landeco 3rd Resubdivision, Mikkelson-Landeco 4th Resubdivision and Lot L, Block 1, Endres-Rydell Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

DEFEAT ORDINANCE TO AMEND ZONING MAP TO
INCLUDE ALL OF BURDICK'S RESUBDIVISION
WITHIN R-1 (SINGLE FAMILY RESIDENCE) 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 R-2 (One and Two Family Residence) District and to include within the R-1 (Single Family Residence) District all of Burdick's Resubdivision", which had been introduced and passed on its first reading on April 18, 1994, 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 Grand Forks Homes Association on behalf of the Grand Forks 13543
May 16,1 994

City Planning and Zoning Commission for final approval of an ordinance to amend the Zoning Map by excluding from R-2 (One and Two-Family Residence) District and to include within the R-1 (Single Family Residence) District all of Burdick's Resubdivision (located in the northeast corner of University Avenue and North 48th Street), and recommended denial of the request to amend the zoning map due to changes in condition since the initial application was made.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": none; voting "nay": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14. Mayor Polovitz declared the ordinance defeated.

DEFEAT ORDINANCE TO AMEND LAND DEVELOPMENT
CODE RELATING TO WAIVER OF NOTIFICATION OF
PROPERTY OWNERS UNDER CERTAIN CONDITIONS

An ordinance entitled "An ordinance


which had been introduced and passed on its first reading on April 18, 1994, 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 that the matter of the request from the city attorney's office for final approval of an ordinance to amend the text of the Land Development Code, Article 10 (Amendments), Section 18-1001 (Zoning Maps and Zoning Regulations) paragraph (2) relating to waiver of notification of property owners within 400 feet of area being considered for rezoning under certain conditions, and recommended denial of the request to amend the text of the Land Development Plan.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": none; voting "nay": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14. Mayor Polovitz declared the ordinance defeated.

ADOPT ORDINANCE NO. 3414 TO REFLECT DEFINITIONS
OF "IMPROVEMENT AND INFRASTRUCTURE" IN SALES TAX
ORDINANCE, AND APPROVE PAYMENT OF FLOOD CONTROL
STUDY COSTS

An ordinance entitled "An ordinance


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May 16, 1994

which had been introduced and passed on first reading on May 2, 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, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3415, RELATING TO THE
CIVIL SERVICE SYSTEM

An ordinance entitled "An ordinance amending Chapter VI of the Grand Forks City Code relating to the Civil Service System", which had been introduced and passed on its first reading on May 2, 1994 was presented and read for consideration on second reading and final passage.

Howard Swanson, city attorney, reported that subsection B of Section 6-0410 needs to be amended, that if an employee terminates employment in good standing he is eligible for certain benefits to be paid to him, that sick leave is one of those benefits he would receive a pro-rated portion of payback, and need to amend to include a reference to 1980 base hours, that this was an item that came into existence in 1980, and affected those employees who were in the employment of the City in 1980 and had accrued sick leave; and with respect to Section 6-0422, which deals with sick leave redemption, that this is not dependent upon termination but rather as an annual redemption of sick leave for those employees who have accrued at least 960 hours, and this also needs to be amended to reflect 1980 base hours.

Council Member Shores stated that one more position needs to be added to the listing of exempt positions - code enforcement officer, and moved an amendment to Section 6-0416, subsection A to include that position to the exempt position list. The amendment was seconded by Council Member Carpenter. Carried 14 votes affirmative.

It was moved by Council Member Hanson and seconded by Council Member Shores that the ordinance be amended to include reference to 1980 base hours in subsection B, Section 6-0410 and in Section 6-0410 sick leave payback and sick leave redemption. Carried 14 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, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3416, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE (HEALTH DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Department), which had been introduced and passed on its first reading on May 2, 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, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.


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ADOPT RESOLUTION AUTHORIZING, SELLING AND
ESTABLISHING THE TERMS OF $1,310,000 GENERAL
OBLIGATION TAX INCREMENT BONDS, SERIES 1994A,
CREATING A SINKING FUND THEREFOR AND LEVYING
TAXES FOR THEIR PAYMENT

The city auditor presented an affidavit showing publication in the newspaper of the City of a Notice of Bond Sale of $1,310,000 General Obligation Tax Increment Bonds, Series 1994A (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted April 18, 1994. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that six sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 6247 - Bid Tabulation.

Committee No. 1, Finance, reported having considered the matter of bids for sale of $1,310,000 G.O. Tax Increment Bonds, Series 1994A, and resolution authorizing, selling and establishing the terms of said bonds, and recommended that we approve the sale of $1,310,000 Tax Increment Bonds, Series 1994A, to Norwest Investment Services, Inc. at 5.85491%, and pass the resolution authorizing issuance and setting the sale of the bonds.

Wally Dornfeld, Springsted, Inc., reported that the City had received six bids, that the City had retained its double A rating, and that their recommendation was that the bid of Norwest at 5.85491% be accepted.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Shores introduced the following resolution and moved its adoption, which motion was seconded by Council Member Beyer: Document No. 6248 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 2216 11TH AVENUE NORTH
FOLLOWING PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Ramona Humann to move building from 509 5th Avenue SE, East Grand Forks, MN to 2216 11th Avenue North to be used as a garage 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 by Ramona Humann to move building from 509 5th Avenue SE, East Grand Forks, MN to 2216 11th Avenue North, to be used as a garage, and recommended that the application be approved, subject to the public hearing.
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It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved, and further that Ms. Humann be and is hereby authorized to move the building. Carried 14 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 802 SOUTH 10TH STREET FOLLOWING
PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Carter Passa to move building from rural East Grand Forks, MN to 802 South 10th Street, to be used as a single-family dwelling 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 by Carter Passa to move a building from rural East Grand Forks, MN to 802 South 10th Street, to be used as a single-family dwelling, and recommended that the application be approved, subject to the public hearing.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved, and further that Mr. Passa be and is hereby authorized to move the building. Carried 14 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 1165 SOUTH 38TH STREET FOLLOWING
PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by John O'Keefe to move a building from Crystal, ND to 1165 South 38th Street, to be used as a single-family dwelling 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 by John O'Keefe to move a building from Crystal, ND to 1165 South 38th Street, to be used as a single-family dwelling, and recommended that the application be approved, subject to the public hearing.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved, and further that Mr. O'Keefe be and is hereby authorized to move the building. Carried 14 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 527, PROJECT NO. 4126

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 527, Project No. 4126, paving on 32nd Avenue South from I-29 to approximately 1,700 feet west, had expired on April 21, 1994 and that he had received no written protests.

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

Council Member Kulas introduced the following resolution as to protests which
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was presented and read: Document No. 6249 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Hanson that we do hereby find and determine an insufficiency of protests against Paving District No. 527, Project No. 4126, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

SET PUBLIC HEARING FOR VACATION OF UTILITY
EASEMENT IN BLOCK 1, ENGLISH COULEE CENTER
ADDITION FOR JUNE 20, 1994

The city auditor reported that a petition to vacate the 10 foot wide utility easement along the west side of Lot 1, Block 1, English Coulee Center Addition had been filed with the planning office, and that in order to expedite this matter it was requested that the public hearing date be set. It was moved by Council Member Shores and seconded by Council Member Geller to accept the petition and that Monday, June 20, 1994 at 7;30 o'clock p.m. be set as the date and time of the public hearing on said petition. Carried 14 votes affirmative.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of April 30, 1994 was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Shores to receive and file the report. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment List No. 94-08, dated May 16, 1994, and totaling $642,212.63, 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 Hanson 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, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

GRANT PRELIMINARY APPROVAL ON APPLICATION BY
CARBO ENTERPRISES USA, INC. FOR 5-YEAR PROPERTY
TAX EXEMPTION AND SET PUBLIC HEARING

Committee No. 1, Finance, reported having considered the application by Carbo Enterprises USA, Inc., 1305 Dyke Avenue, for five-year property tax exemption, and recommended that the application be approved on a declining scale of 100%, 80%, 60%, 40% and 20%, subject to the public hearing on June 6, 1994, and subject to the city attorney's review.

It was moved by Council Member Johnson and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE APPLICATIONS FOR 3-YEAR REMODELING
EXEMPTIONS

Committee No. 1, Finance, reported having considered the matter of applications for 3-year tax exemption on improvements: a) 1109 Lanark Avenue, b) 1204 Chestnut Street, c) 2410 9th Avenue North, and d) 1602 13th Avenue
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South, and recommended that the applications be approved.

It was moved by Council Member Johnson and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE JOB DESCRIPTION FOR DIRECTOR OF
PUBLIC WORKS

Committee No. 1, Finance, reported having considered the matter of job description for director of public works, and recommended approval of the corrected job description.

It was moved by Council Member Johnson and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 14 votes affirmative.

ACCEPT OFFER TO PURCHASE LOT 15, BLOCK 1,
RYDELL WEST SUBDIVISION

Committee No. 1, Finance, reported having considered the matter of sale of City lot, Lot 15, Block 1, Rydell West Subdivision, and recommended to accept the offer of Grand Forks Equipment in the amount of $7,900.00, subject to review of the city attorney.

It was moved by Council Member Johnson 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, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

SET VALUE ON CITY LOT, LOT 4, BLOCK 1, MEDVUE
ESTATES 6TH RESUBDIVISION

Committee No. 1, Finance, reported having considered the matter of property valuation on City owned lot, Lot 4, Block 1, Medvue Estates 6th Resubdivision, and recommended that we price the lot at $16,300 and offer for sale subject to appropriate departments reviewing access and to provide access from the southwest corner of Lot 3.

It was moved by Council Member Johnson 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, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

INTRODUCE ORDINANCES TO AMEND ANNUAL APPROPRIATIONS
BILL ORDINANCE FOR CALENDAR YEAR 1994

A request to amend the budget for the City Hall the amount of $3,197.00 to use 1993 pooled cash carry-over to purchase recorder system for City Hall use was presented and read. It was moved by Council Member Johnson and seconded by Council Member McCabe that this request be and is hereby approved. Carried 14 votes affirmative.

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

A request to amend the budget for the Civic Auditorium in the amount of $750.00 to reflect unanticipated income from promotion grant from the
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Convention and Visitors Bureau, was presented and read. It was moved by Council Member Johnson and seconded by Council Member McCabe that this request be and is hereby approved. Carried 14 votes affirmative.

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

APPROVE PLEDGED SECURITIES

Committee No. 1, Finance, reported having considered with the city auditor the requirements of the North Dakota Century Code, as amended, which requires that pledges made by designated depositories of the public funds be approved in January of each even-numbered year and semi-annually, and reported having examined the records and found that the First Bank of North Dakota-Grand Forks has $95,000 deposited with the Federal Reserve bank of Minneapolis and $200,000 deposited with the First Bank National Association of Minneapolis; that First National Bank of Grand Forks has deposited $2,070,000 with the Federal Reserve Bank of Minneapolis and $4,580,000 with the Norwest Bank of Minneapolis; that Community National Bank has $2,750,000 deposited with the American National Bank and Trust Company of St. Paul; that First American Bank-Valley has $1,498,694.45 deposited with the American National Bank and Trust Company of St. Paul; and that Metropolitan Federal Savings and Loan Assn. has $4,397,575.83 deposited with the Federal Home Loan Bank of Des Moines; that a detailed listing is available in the city auditor's office; that all have been pledged as securities for public funds of the City of Grand Forks, that receipts from the Federal Reserve Bank and other financial institutions accepting custody of the bonds are on file in the auditor's office; and recommended that these pledged securities be and are hereby re-approved as required.

It was moved by Council Member Johnson and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE REQUEST BY YMCA FAMILY CENTER TO
HOLD FIRECRACKER HALF MARATHON AND 8-K RUN
ON JULY 3, 1994

Committee No. 2, Public Safety, reported having considered the request by YMCA Family Center to hold Firecracker Half Marathon and 8-K run on July 3, 1994, and recommended approval of the request, subject to coordinating events with the police department.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE REQUEST BY YMCA FAMILY CENTER TO HOLD
COMMUNITY SPECIAL EVENTS

Committee No. 2, Public Safety, reported having considered the request by YMCA Family Center to hold special events during summer of 1994: YMCA Biathlon on May 21, YMCA Triathlon on July 20, and YMCA Family Fun Run on September 3, and recommended that the request be approved, subject to coordinating the events with the police department.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

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APPROVE REQUEST BY KEM TEMPLE TO HOLD PARADE
ON JUNE 4, 1994

Committee No. 2, Public Safety, reported having considered the request by Kem Temple to hold parade on June 4, 1994 and to restrict parking in front of Masonic Temple, and recommended that we approve, contingent upon review and approval of the police department.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 14 votes affirmative.

REFER MATTER OF CHANGES IN ALCOHOLIC BEVERAGE
LICENSE HELD BY CHI-CHI'S BACK TO COMMITTEE

Committee No. 2, Public Safety, reported having considered the matter of corporate changes in alcoholic beverage license held by Chi-Chi's, and recommended approval of the changes, subject to review and approval by the police department.

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

Council Members Hoeppner and Crawford asked that this matter be sent back to committee; Mayor Polovitz referred the matter back to the committee for further consideration.

INTRODUCE ORDINANCE AMENDING ANNUAL APPROPRIATIONS
BILL ORDINANCE FOR 1994 (HEALTH DEPARTMENT)

A request by the Health Department to amend the budget to purchase shelving/storage units and painting services out of 1993 budget carryover was presented and read. It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this request be approved. Carried 14 votes affirmative.

Council Member Crawford introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Department), which was presented, read and passed on its first reading.

ADOPT RESOLUTION RECOGNIZING NORTH DAKOTA
REGION ANTIQUE AUTOMOBILE CLUB OF AMERICA, INC.
AS PUBLIC SPIRITED ORGANIZATION ELIGIBLE TO
CONDUCT GAMING, AND APPROVE APPLICATION FOR PERMIT

Committee No. 2, Public Safety Committee, reported having considered the application by North Dakota Region Antique Automobile Club of America, Inc. for raffle permit, and recommended that we adopt a resolution recognizing the North Dakota Region Antique Automobile Club of America, Inc. as a public-spirited organization eligible to conduct games of chance, and to 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 14 votes affirmative.

Council Member Crawford introduced the following resolution which was presented and read: Document No. 6250 - Resolution.

It was moved by Council Member Crawford and seconded by Council Member
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Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

APPROVE REQUEST BY GRAND FORKS HERALD FOR
VARIANCE TO UPGRADE TRUCK LOADING DUCK IN ALLEY

Committee No. 3, Public Service, reported having considered the request by the Grand Forks Herald for variance to upgrade unloading dock in alley in 100 block between North 3rd and 4th Streets, and recommended approval of the variance, subject to signing of an indemnity and hold harmless agreement.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 14 votes affirmative.

ACCEPT BID FOR DEMOLITION OF BUILDINGS ON
LOT AT 1310 8TH AVENUE NORTH

Committee No. 3, Public Service, reported having considered the matter of bids for demolition of buildings on lot at 1310 8th Avenue North, and recommended that we accept the low bid and award contract to Florian & Sons Excavating in the amount of $3,376.00.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO AGREEMENT WITH WEBSTER
FOSTER & WESTON FOR ENGINEERING SERVICES FOR
PROJECT NO. 4181, 1994 FORCEMAIN REHAB.

Committee No. 3, Public Service, reported having considered the matter of proposed contract for engineering services for forcemain rehab., and recommended to authorize entering into an agreement with Webster, Foster & Weston for Project No. 4181, 1994 forcemain rehab. based on an hourly rate not to exceed $7,866.00.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO AGREEMENT WITH CPS, LTD.
FOR ENGINEERING SERVICES FOR PROJECT NO. 4223,
DRAINAGE STRUCTURE AT NORTH 55TH STREET AND 27TH
AVENUE NORTH

Committee No. 3, Public Service, reported having considered the matter of engineering contract for North 55th Street bridge/structure, and recommended to authorize entering into an agreement with CPS, Ltd. for engineering services on an hourly rate basis plus out of pocket project expenses in an amount not to exceed $27,000.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

13552
May 16, 1994

ACCEPT PROPOSAL FOR DREDGING SLUDGE IN PRIMARY
POND AT WASTEWATER LAGOON

Committee No. 3, Public Service, reported having considered the matter of awarding contract for dredging sludge in primary pond at wastewater lagoon, and recommended to award contract to Mini-Dredge at an hourly rate of $144.00/hour to a maximum of $30,000.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

AWARD CONTRACT FOR PROJECT NO. 4184, RIPRAP
LEVELING AT WASTEWATER PONDS

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4184, riprap leveling at lagoon, and recommended to accept the low bid of Robinson Excavating in the amount of $8,895.00.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

ACCEPT BID OF MIDWEST INDUSTRIAL FOR MOTOR
GRADER FOR STREET DEPARTMENT