Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Tuesday, January 17, 1995

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City hall on Tuesday, January 17, 1995 at the hour of 7:30 o'clock p.m. with President Hagness presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; absent: Council Member Glassheim - 1.

President Hagness 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 NOVEMBER 7, 21 DECEMBER 5
AND 19, 1994

Typewritten copies of the minutes of the regular and adjourned meetings of the city council held on Monday November 7 and 21, 1994 and December 5 and 19, 1994, were presented and read. It was moved by Council Member Beyer and seconded by Council Member Sande that these minutes be approved as read. Carried 13 votes affirmative.

TABLE ORDINANCE AMENDING STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON PLAT OF RAY RICHARD'S GOLF COURSE 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 Ray Richard's Golf Course Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Northwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian", which had been introduced and passed on first reading on November 7, 1994, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

President Hagness called upon the audience to see if anyone present had comments to make on this matter. There were none, and President Hagness closed the public hearing.

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Plant Services of the University of North Dakota for final approval of the plat of Ray Richard's Golf Course Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Northwest Quarter of Section 8, Grand Forks Township, 151 North of Range 50 West of the 5th Principal Meridian (located south of DeMers Avenue between South 34th Street and South 42nd Street), and recommended tabling.

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

TABLE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON PLAT OF DEMERS EIGHTH 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 DeMers Eighth Addition, being a portion of the North Half of the Southwest Quarter of Section 8, Grand Forks Township 151 13864
January 17, 1995

North of Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 7, 1994, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and President Hagness closed the public hearing.

The Planning and Zoning Commission reported having considered the matter of request from CPS, Ltd. on behalf of Pentas Division of Trillium Corporation for final approval of a plat of DeMers Eighth Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Southwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian (located south of DeMers Avenue between South Columbia Road and South 30th Street), and recommended tabling.

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

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3495, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF SUN LAND WEST SECOND 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 Sun Land West Second Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on December 19, 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.

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

The City Planning and Zoning Commission reported having considered the matter of the request from Dan Schmaltz on behalf of Sun Land West, L.L.C. for final approval of a plat of Sun Land West Second Resubdivision, a replat of Sun Land West First Resubdivision, Grand Forks, North Dakota, Block 2, Lots 14, 15 and 16, and vacated North 52nd Street (located between North 51st Street and North 55th Street and between 6th Avenue North and 10th Avenue North), and recommended final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance amending the Street and Highway Map.

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

Upon call for the question of adoption of this ordinance, and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried and the ordinance adopted.

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ADOPT ORDINANCE NO. 3496, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (PUBLIC
TRANSPORTATION DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Public Transportation Department), which had been introduced and passed on its first reading on January 3, 1995, 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 the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried and the ordinance adopted.

HOLD PUBLIC HEARING, AND APPROVE APPLICATION
BY TECHNOLOGY APPLICATIONS GROUP, INC. FOR
PROPERTY TAX EXEMPTION ON EXPANDED FACILITY

The city auditor reported that pursuant to the provisions of Section 40-57.1 of the North Dakota Century Code, notice had been given that the city council would meet this evening to consider the application of Technology Applications Group, Inc., 4957 10th Avenue South, for a five-year exemption of ad valorem taxation on an expansion to their facility to be constructed on Lot 1, Block 1, Industrial Resubdivision No. 4 to the city of Grand Forks, North Dakota, which the applicant will use in the operation of his business (research and development center engaged in proprietary technology for the electrochemical coating of non-ferrous metals) and will allow operator to build production line capable of coating magnesium: aerospace, automotive, computer and industrial tools, and further that no protests or grievances had been filed with his office.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments and President Hagness closed the public hearing.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that we do find and determine an insufficiency of protest on the application, approve the application and grant a five-year exemption as follows: 100% for the first year, 80% for the second year, 60% for the third year, 40% for the fourth year, and 20% for the fifth year. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried.

HOLD PUBLIC HEARING ON REQUEST BY METROPLAINS
DEVELOPMENT, INC. FOR ESTABLISHMENT OF TAX
EXEMPTION DISTRICT FOR 15-YEAR PERIOD FOR
MULTI-FAMILY HOUSING DEVELOPMENT (ST. ANNE'S
PROPERTY)

The city auditor reported that the public hearing on the request by MetroPlains Development, Inc. for establishing of a fifteen year tax exemption district for a multi-family housing development (St. Anne's property) had been scheduled for this evening, that the required legal notice to the public of said hearing had been published as required, and that no protests or grievances had been filed with his office.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were none, and President
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Hagness closed the public hearing.

It was moved by Council Member Beach and seconded by Council Member Beyer that a motion of insufficiency of protest be entered. Carried 13 votes affirmative.

It was moved by Council Member McCabe and seconded by Council Member Beyer to establish the tax exemption district for a period of fifteen years and enter into an agreement with MetroPlains Development, Inc.

Council Member Carpenter reiterated his opposition to the fifteen year exemption and the need for $150,000 in support from the City for this project, that in looking at cash flow statement and resources, not necessary that they need entire 15-year exemption, but willing to support 11 years.

Gary Stenson, MetroPlains Development, Inc., St. Paul, stated that as long as the $150,000 is there not concerned over the number of years. Council Member Carpenter asked if the City granted a fifteen year exemption, and upon reaching the $150,000, would the agreement terminate early. Mr. Swanson advised that based on the motion the exemption would be for fifteen years regardless of value of that exemption.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak to amend the motion to change the term of the exemption from 15 to 11 years.

Council Member Hamerlik stated concern if 11 year exemption would meet the $150,000 requirement, and whether they could include provision in fifteen year exemption not to exceed $150,000; Mr. Swanson advised that could be done.

Mr. Stenson stated he needs $150,000 plus interest, City would be putting interest rate risk on developer.

After further discussion it was moved by Council Member Carpenter and seconded by Council Member Beyer to amend the motion to change the term of the exemption from 15 to 12 years. Carried 13 votes affirmative.

Upon call for the question on the motion as amended, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

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

Finance Committee:
1) matter of clarification on City Code section 6-0420(3).
2) matter of part-time employees receiving pay for scheduled holidays.

REPORTS OF OFFICERS

The city auditor' statement of changes in cash balances as of December 31, 1994, was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS
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January 17, 1995

Vendor Payment Listing No. 94-24, dated January 17, 1995, and totaling $735,086.73, 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 Beyer 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, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried and the bills ordered paid.

DENY APPEAL TO SNOW REMOVAL ASSESSMENT
AT 2226 HIGHLAND COURT

Committee No. 1, Finance, reported having considered the matter of appeal to snow removal assessment at 2226 Highland Court, and recommended to deny the appeal.

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

AUTHORIZE CONVEYANCE OF PROPERTY AT 1604 SOUTH
WASHINGTON STREET TO BEKO PARTNERSHIP UNDER
TERMS OF LEASE

Committee No. 1, Finance, reported having considered the matter of offer by BEKO Partnership to purchase property presently under lease, and recommended to authorize the City of Grand Forks and its officials to convey by warranty deed to BEKO partnership the building as of March 1, 1995.

It was moved by Council Member Geller 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, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried.

AUTHORIZE PURCHASE OF LAND FOR FIRE STATION

Committee No. 1, Finance, reported having considered the matter of purchase of land for fire station, and recommended to approve purchase of Lot 2, Block 1, Columbia Park 24th Addition, for the sum of $68,000 from Arthur Greenberg, Jr. and to authorize proper City officials to enter into the purchase agreement with changes as recommended by the committee.

It was moved by Council Member Geller 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, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried.

APPROVE APPLICATION FOR GRAND FORKS HISTORIC
PRESERVATION GRANT

Committee No. 1, Finance, reported having considered the application by Grand Forks Historic Preservation Commission for historic preservation fund grant in the amount of $28,000, and recommended to approve grant application and authorize City officials to sign said application.

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

MATTER OF BENEFITS FOR PART-TIME EMPLOYEES

Committee No. 1, Finance, reported having considered the matter of benefits for permanent part-time employees, and recommended that effective January 17, 1995, the City will no longer contribute 100% of the premium for health care for part-time employees.

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

Committee No. 1, Finance, reported having considered the matter of establishing base of 1000 hours for determination of benefits for part-time employees, and recommended to utilize 1994 as basis for determination of benefits for permanent part-time employees.

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

Mr. Swanson advised council that the base hours should be established at 1,040 hours rather than 1000; and also noted that the Code allows pro-ration of benefits for permanent part-time employees, including sick leave, vacation, holidays and insurance; but does not include pension benefits. It was moved by Carpenter and Hamerlik that the motion be amended to establish 1,040 hours as base. Carried 13 votes affirmative.

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

APPROVE REQUEST TO REMOVE PARKING ON
PORTION OF PRIMROSE COURT

Committee No. 2, Public Safety, reported having considered the request to remove parking on the north side of the south leg of Primrose Court, and recommended that we remove parking as requested.

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

ADOPT RESOLUTION RECOGNIZING FORKS FRIENDS
OF NRA AS PUBLIC-SPIRITED ORGANIZATION
ELIGIBLE TO CONDUCT GAMES OF CHANCE, AND TO
APPROVE APPLICATION FOR PERMIT

Committee No. 2, Public Safety, reported having considered an application for gaming permit by Forks Friends of NRA for raffle on February 3 and recommended that we waive the two-year existence requirement, recognize this organization as a public-spirited organization eligible to conduct games of chance, and to approve the application for permit.

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

Council Member Johnson introduced the following resolution which was presented and read: Document No. 6390 - Resolution.

It was moved by Council Member Johnson and seconded by Council Member Sande
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January 17, 1995

that this resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE AND FILE REQUEST TO EXTEND 20TH
AVENUE SOUTH TO COLUMBIA ROAD

Committee No. 3, Public Service, reported having considered the matter of extension of 20th Avenue South to Columbia Road, and recommended to receive and file until further information is presented to the committee.

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

ACCEPT BIDS AND AWARD CONTRACTS FOR PROJECT
NO. 3945, HIGHWAY 2 BEAUTIFICATION PROJECT

Committee No. 3, Public Service, reported having considered the matter of bids for Highway 2 Beautification Project, Project No. 3945, and recommended award of Contract 1, fencing, to I.C.S., Inc. in the amount of $399,408 base bid, plus Alternate D for 500 ft. of additional fencing at a cost of $49,500.00, for a total bid for Contract 1 in the amount of $448,908; and award bid for Contract 2, Landscaping, to Sherbrooke Sodding Company, Pelican Rapids, MN in the amount of $299,830.00 base bid, and acceptance of Alternate C, extended warranty, in the amount of $60,000.00, for a total contract of $359,830.00; and award contingent upon approval of bids by the North Dakota Department of Transportation, and contingent upon Sherbrooke Sodding Company obtaining their North Dakota State contractor's license.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried.

APPROVE CHANGE ORDERS FOR PROJECT NO. 3832,
PRE-AERATION WASTEWATER CELLS

Committee No. 3, Public Service, reported having considered the matter of change orders for Project No. 3832, pre-aeration wastewater cells, and recommended to approve the change order in the amount of $3,461.48.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 3832,
LIFT STATION TELEMETRY UPGRADE

Committee No. 3, Public Service, reported having considered bids for computer systems, Project No. 3832, Lift Station telemetry upgrade, and recommended that we approve the change order in the amount of $23,760.00.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried.


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January 17, 1995

AUTHORIZE NEGOTIATION FOR ENGINEERING SERVICES
RE. SITING AND DEVELOPMENT OF SOLID WASTE
DISPOSAL FACILITY

Committee No. 3, Public Service, reported having considered the matter of request to negotiate engineering services agreement relating to siting and development of solid waste disposal facility, and recommended to authorize
negotiation with Burns & McDonnell and Webster, Foster & Weston.

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

APPROVE CHANGE ORDERS WITH DOT FOR PROJECTS
ON GATEWAY DRIVE AND DEMERS AVENUE

Committee No. 3, Public Service, reported having considered the matter of Department of Transportation change orders: a) Project No. 4006, DeMers Avenue, Phase II, change order #2, $977.11; b) Project No. 4002, Gateway Drive, Phase III, North 47th Street, change order #3, $617.08; c) Project No. 4002, Gateway Drive, Phase III, change order #3, $6,641.15; and d) Project No. 4126/4171, 32nd Avenue South, $4,025.00; and recommended that the change orders be approved.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4168,
TOPSOIL FOR LANDFILL

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4168, hauling topsoil to landfill, in the amount of $8,820.00, and recommended that the change order be approved.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried.

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR INSTALLATION OF UTILITIES IN CITY R/W
IN MIGHTY ACRES

Committee No. 3, Public Service, reported having considered the request by developer to install utilities in City right of way in Mighty Acres, and recommended to authorize installation of utilities in City right of way and to enter into three-way agreement with engineer and developer.

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

Council Member Babinchak asked that she be excused from voting on this matter. It was moved by Council Members Klave and Beyer that Council Member Babinchak be excused from voting. Carried 13 votes affirmative.

Upon call for the question and upon roll call vote, the following voted "aye" Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande,
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January 17, 1995

Klave, Beyer, Geller, Johnson, Hagness - 12; voting "nay": none; abstaining: Council Member Babinchak - 1. President Hagness declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS AND
AUTHORIZE CALL FOR BIDS, PROJECT NO. 4295,
LEACHATE COLLECTION, PHASE III

Committee No. 3, Public Service, reported having considered the matter of
plans and specifications for Project No. 495, leachate collection, Phase III, and recommended that we approve plans and specifications, and authorize advertisement for bids.

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

AWARD BID FOR CHEMICALS AT WATER PLANT

Committee No. 3, Public Service, reported having considered the bids for chemicals at water plant, polyphosphate, for 1995, and recommended to accept the bid of Drew Chemical at a cost of $1540/ton.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried.

INTRODUCE ORDINANCE RELATING TO CREATION OF
AUTHORITY KNOWN AS GROWTH FUND AUTHORITY

Committee No. 4, Urban Development reported having considered review of job development authority code, and recommended to approve ordinance with editorial changes, and to introduce ordinance for first reading.

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

There was some discussion re. proposed ordinance, that this formalizes Growth Fund process, and will allow City to hold equity in a company (to give loan or grant in exchange for equity), that city government cannot do and jobs development authority can, that council would be the jobs development authority. It was also noted that City will now be transferring funds to this authority and records show that assets belong to development authority, not dissimilar to Parking Authority and Airport Authority. It was also reported that previously equity position in the hands of the Grand Forks Economic Development Corporation through agreement executed by the City and Development Corporation, and those will be deeded back to the Jobs Development Authority (assets held by the City through promissory notes).

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

Council Member Beach introduced an ordinance entitled "An ordinance adopting Article 1 of Chapter XXIV of the Grand Forks City Code relating to Job Development Authority", which was presented, read and passed on its first reading.

APPROVE 1995 PARATRANSIT PLAN UPDATE

The Bus Committee reported having considered the matter of 1995 Paratransit
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January 17, 1995

Plan Update, and recommended approval of the 1995 ADA Paratransit Plan Update.

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

POSTPONE ACTION ON MATTER OF WASHINGTON
ESTATES PUD, DETAILED DEVELOPMENT PLAN,
EQUIPMENT RENT-ALL AND MINI STOR-ALL, WASHINGTON
ESTATES RESUBDIVISION, BLOCK 3, LOT 2 AND BLOCK
4, LOT 1 TO FEBRUARY 6, 1995

The City Planning and Zoning Commission reported having considered the matter of the request from Bill Schoenfelder on behalf of Forx Rent-All for final approval of Washington Estates PUD (Planned Unit Development), Detailed Development Plan, Equipment Rent-All and mini Stor-all, Washington Estates Resubdivision, Block 3, Lot 2 and Block 4, Lot 1, to the city of Grand Forks, North Dakota (located east of South Washington Street between 38th and 40th Avenues South), and recommended postponing action and delaying final approval until February 6, 1995.

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

GRANT FINAL APPROVAL OF SUN LAND WEST PUD,
DETAILED DEVELOPMENT PLAN, RM\R-1 SINGLE
FAMILY AREA 4-A (PHASE II), SUN LAND WEST
FIRST RESUBDIVISION, ALL OF BLOCKS 1 AND 2,
LOTS 1-28

The City Planning and Zoning Commission reported having considered the matter of request from Dan Schmaltz on behalf of Sun Land West, L.L.C. for final approval of Sun Land West PUD (Planned Unit Development), Detailed Development Plan, RM\R-1 Single Family Area 4-A (Phase II), Sun Land West First Resubdivision, Grand Forks, North Dakota, all of Blocks 1 and 2, Lots 1 through 28 (located between North 51st Street and North 55th Street and between 6th Avenue North and 10th Avenue North), and recommended final approval subject to special conditions shown on and attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOT 19,
BLOCK B OF REPLAT OF BLOCK 2, VILLAGE
RESUBDIVISION NO. 2

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Garry Pearson for preliminary administrative review and final approval (fast track) of a Replat of Lot 19, Block B of the Replat of Block 2, Village Resubdivision No. 2, Grand Forks, North Dakota (located in the 600 block of North 43rd Street), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE APPOINTMENT OF BIKEWAY COMMITTEE

President Hagness announced the appointment of Al Hoffarth, Weezy Potter, Jim

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Bassett, Marilyn Korbach, Mike Pederson and Council Members Hanson and Glassheim to the Bikeway Committee for three-year terms expiring January 1, 1998, and asked for concurrence in these appointments. It was moved by Council Member Beyer and seconded by Council Member McCabe that these appointments be and are hereby approved. Carried 13 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented and/or referred to committee as follows:
1) Council Member Sande presented the feasibility of including management of police building under same management as City Hall and Civic Auditorium; President Hagness referred the matter to the finance committee for consideration.
2) Council Member Beyer presented the matter of once a week garbage collection; President Hagness referred the matter to the public service committee.
3) Council Member Hamerlik presented the matter of bidding process re. local preference; President Hagness referred the matter to all committees for consideration.

SET PUBLIC HEARING ON PETITION TO VACATE
BIKEWAY EASEMENTS LYING WITHIN COLUMBIA
MALL ADDITION AND REPLATS THEREOF

Council Member Hanson presented the matter of extension of the right of way for English Coulee Bikeway along south R/W line of 24th Avenue South which property owners will give the City in exchange for vacation of bikeway easements lying within Columbia Mall Addition and replats thereof.

It was moved by Council Member Hanson and seconded by Council Member Babinchak that we set the public hearing on the petition to vacate all those easements lying within Columbia Mall Addition and replats thereof designated for bikeway uses as Tuesday, February 21, 1995 at 7:30 o'clock p.m. Carried 13 votes affirmative.

APPROVE APPLICATION BY THE EDGE FOR
SPECIAL ALCOHOLIC BEVERAGE PERMIT

Committee No. 2, Public Safety, reported having considered the application for special alcoholic beverage permit by LTD Investments, Inc. dba The Edge, 10 North 3rd Street, at DJ's, 121 North 5th Street on February 4, 1995, and recommended that the application be approved.

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

INTRODUCE ORDINANCE RE. CHANGE IN APPOINTMENT
DATE OF EMPLOYEE REPRESENTATIVE TO PENSION AND
INSURANCE COMMITTEE

The Pension and Insurance Committee reported having considered the matter of Pension and Insurance Committee membership, appointment of employee representative, and recommended changing the date of appointment to April and recommended introducing the ordinance to amend Section 7-0214(1) of the Grand Forks City Code.

It was moved by Council Member Carpenter and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
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January 17, 1995

Council Member Carpenter introduced an ordinance entitled "An ordinance amending Section 7-0214(1) of the Grand Forks City Code relating to the pension committee", which was presented, read and passed on its first reading.

ADJOURN

It was moved by Council Member Babinchak and seconded by Council Member Hoeppner that we do now adjourn. Carried 13 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Thomas M. Hagness, President of
the City Council