Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, February 6, 1995

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, February 6, 1995 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; absent: Council Members Hanson, Glassheim, Hagness - 3.

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 JANUARY 3, 1995

Typewritten copies of the minutes of the regular meeting of the city council held on Tuesday, January 3, 1995, were presented and read. It was moved by Council Member Johnson and seconded by Council Member Geller that these minutes be approved as read. Carried 11 votes affirmative.

ADOPT ORDINANCE NO. 3497, RELATING TO
CREATION OF AN AUTHORITY KNOWN AS THE GRAND
FORKS GROWTH FUND

An ordinance entitled "An ordinance adopting Article 1 of Chapter XXIV of the Grand Forks City Code relating to the creation of an authority known as the Grand Forks Growth Fund", which had been introduced and passed on its first reading on January 17, 1995, was presented and read for consideration on second reading and final passage.

Howard Swanson, city attorney, reviewed the ordinance and reported that there were some modifications to the ordinance that he was requesting be amended on the floor, and reviewed modifications to the ordinance: Section 24-0101 Creation of Authority, some slight language changes, no substantive effect, and in subsection 1. a semicolon after the phrase sales tax; Section 24-0104 Powers and Duties. some minor modification and re-numbering, with no additional powers or duties, however, modified ability with regard to real property, may now manage, own, operate, maintain, construct or improve buildings or real property; Section 24-0111, with regard to public hearing, there is a publication notice that has to occur not less than three days prior to the public hearing, however, as directed by the committee, added sub-paragraph 2, which allows the Authority upon a finding of exigent circumstances and 2/3rds vote (of the entire makeup of the Board) may waive the publication requirement.

It was moved by Council Member Babinchak and seconded by Council Member Hoeppner that the ordinance be amended to include provisions as presented by the city attorney. Carried 11 votes affirmative.

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

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, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3498, RELATING TO
PENSION COMMITTEE
13876
February 6, 1995

An ordinance entitled "An ordinance amending Section 7-0214(1) of the Grand Forks City Code relating to the pension committee", which had been introduced and passed on its first reading on January 17, 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 vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT RESOLUTION VACATING A PORTION OF
NORTH/SOUTH REAR SERVICE ROAD PLATTED AND
DEDICATED ON THE PLAT OF WASHINGTON ESTATES
RESUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate that portion of a north and south rear service road platted and dedicated on the plat of Washington Estates Resubdivision, including all that portion of the 15-foot wide roadway and utility easement lying on each side and abutting thereto, the required legal notice had been published calling for a public hearing to be held this evening and further that 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.

It was moved by Council Member Beyer and seconded by Council Member Sande that we do hereby find and determine an insufficiency of protest on the request for vacation. Carried 11 votes affirmative.

Council Member Sande introduced the following resolution which was presented and read: Document No. 6391 - Resolution.

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

ADOPT RESOLUTION VACATING PORTION OF NORTH
52ND STREET IN SUN LAND WEST FIRST RESUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all that portion of North 52nd Street lying west of and abutting Lots 13 and 14, Block 1, Sun Land West First Resubdivision, including the 10-foot wide utility easement lying westerly of and abutting said street, the required legal notice had been published calling for a public hearing to be held this evening and further that 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.

It was moved by Council Member Beyer and seconded by Council Member Beach that we do hereby find and determine an insufficiency of protest on the request for vacation. Carried 11 votes affirmative.

Council Member Babinchak introduced the following resolution which was presented and read: Document No. 6392 - Resolution.

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

13877
February 6, 1995

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Babinchak and seconded by Council Member Hoeppner that the consent agenda items be referred to the proper committee as noted for consideration. Carried 11 votes affirmative.

Finance Committee:
1) matter of tax exemption for old Roosevelt Center property.
2) matter of request for tax increment financing for proposed Warehouse Apartments.
3) matter of first access service agreement with First Bank.
4) matter of Senior Citizens' Center parking lot.

Planning and Zoning Commission:
1) matter of urban development district for proposed Warehouse Apartments.

REPORTS OF OFFICERS

The city auditor's report on investments for period ending January 31, 1995, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Sande that this report be and is hereby approved. Carried 11 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-01, dated February 6, 1995, and totaling $913,283.36, 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 Babinchak 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, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

TABLE APPLICATION FOR ABATEMENT OF 1993
TAXES BY NORTH DAKOTA AUTOMOBILE CLUB, 2701
SOUTH COLUMBIA ROAD, UNTIL NEXT MEETING

The city auditor reported that it had been requested that the application for abatement of 1993 taxes by North Dakota Automobile Club, 2701 South Columbia Road, be held. It was moved by Council Member Beyer and seconded by Council Member Geller that this item be tabled until the next meeting of the council (February 6, 1995). Carried 11 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PARKING IMPROVEMENT
PROJECT NO. 4285, DISTRICT NO. 10

The engineer's estimate of total cost of the construction of parking ramp on 1st Avenue North and North 3rd Street, in the amount of $ was presented and read.

Committee No. 1, Finance, reported having considered the matter of approval of plans and specifications for parking ramp, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project with a bid opening date of March 8, 1995.

It was moved by Council Member McCabe and seconded by Council Member Babinchak 13878
February 6, 1995

that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member McCabe introduced the following resolution which was presented and read: Document No. 6393 - Resolution.

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

APPROVE FUNDING OF RETROACTIVE PAY

Committee No. 1, Finance, reported having considered the matter of funding retroactive pay, and recommended a budget adjustment using cash carryover from 1994 in the amount of $258,961.32 from Wages & Salaries and fringe benefits, and $15,232.54 of pooled carryover.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE REQUEST FOR RETROACTIVE BENEFITS
FOR EMPLOYEE WITH BREAK IN SERVICE DUE TO
ON THE JOB INJURY

Committee No. 1, Finance, reported having considered the matter of Civil Service Code amendment allowing employees with break in service due to on the job injury to retain seniority (and other benefits), and request by Jeff Kavadas, police officer, for retroactive benefits, and recommended to grant retroactive pay, both in terms of step increase and vacation accrual and longevity, and that in all future personnel decisions that Mr. Kavadas be given credit for total years of service.

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

INTRODUCE ORDINANCE TO PROVIDE FOR EXCLUSION
OF HOLIDAY PAY FOR EMPLOYEES UTILIZING VACATION
OR SICK LEAVE

Committee No. 1, Finance, reported having considered the matter of clarification on City Code Section 6-0420(3), and recommended introduction of ordinance amending Section 6-0420, Holiday Pay, to provide for the exclusion of holiday pay for employees utilizing vacation or sick leave.

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

Council Member McCabe introduced an ordinance entitled "An ordinance

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

APPROVE CANCELLATION OF SIDEWALK ASSESSMENT
UNDER CIP POLICY

Committee No. 1, Finance, reported having considered the matter of cancellation of sidewalk assessment, 1214 South 12th Street, under CIP policy, and recommended that the assessment in the amount of $885.23 be canceled.
13879
February 6, 1995

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE TRANSFER OF FUNDS TO COVER CITY'S
INVESTMENT IN NORTH DAKOTA SMALL BUSINESS
INVESTMENT COMPANY

Committee No. 1, Finance, reported having considered the matter of funding City's investment in North Dakota Small Business Investment Company, and recommended to transfer $100,000 from sales tax to the Growth Fund.

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

APPROVE APPOINTMENT OF JOHN SCHMISEK,
CITY AUDITOR, TO SMALL BUSINESS INVESTMENT
COUNCIL ADVISORY BOARD

Committee No. 1, Finance, reported having considered the appointment to the Small Business Investment Council advisory board, and recommended that John Schmisek, city auditor be appointed as City's representative on the SBIC.

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

APPROVE BUDGET AMENDMENTS

A request from the Finance and Administrative Office to transfer funds to increase budget for 1994 health insurance payback FICA and Medicare deduction in the amount of $13,172, was presented and read. It was moved by Council Member McCabe and seconded by Council Member Babinchak that this budget amendment be approved. Carried 11 votes affirmative.

A request from the Finance and Administrative Office to transfer funds to increase budget for 1994 health insurance payback in the amount of $172,205, was presented and read. It was moved by Council Member McCabe and seconded by Council Member Babinchak that this budget amendment be approved. Carried 11 votes affirmative.

A request from the Finance and Administrative Office to transfer funds in the amount of $97,281 to carry forward balance of 1994 GFAFB retention fund, was presented and read. It was moved by Council Member McCabe and seconded by Council Member Babinchak that this budget amendment be approved. Carried 11 votes affirmative.

A request from the Finance and Administrative Office to transfer funds in the amount of $334.00, reimbursement for 1994 air fare for NIMLO Conference for city attorney, was presented and read. It was moved by Council Member McCabe and seconded by Council Member Babinchak that this budget amendment be approved. Carried 11 votes affirmative.

RECEIVE AND FILE MATTER OF PART-TIME
EMPLOYEES RECEIVING PAY FOR SCHEDULED HOLIDAYS

Committee No. 1, Finance, reported having considered the matter of part-time employees receiving pay for scheduled holidays, and recommended to receive and 13880
February 6, 1995

file.

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

Council Member Geller stated that this became issue of miscommunication between department heads and part-time employees; Mr. Swanson, city attorney, advised that there was a department head meeting this morning, and as result of discussion, confusion resolved. It was also noted that the Human Resources Department will be informing employees of policies, etc.

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

RECEIVE AND FILE MATTER OF LOCAL PREFERENCE
IN BIDDING PROCESS

Committee No. 2, Public Safety, reported having considered the matter of bidding process re. local preference, and recommended to receive and file.

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

AUTHORIZE ENTERING INTO AGREEMENT WITH STATE
FOR PAINT RECYCLING PROGRAM GRANT

Committee No. 3, Public Service, reported having considered the matter of Solid Waste Management Fund grant for paint recycling program, and recommended entering into the agreement with the State Department of Health and that the City review the project within two years before its continuation.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE PURCHASE OF VEHICLES FOR VARIOUS
DEPARTMENTS

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for vehicles for various departments, and recommended approval of the low bids as follows: Rydell Chevrolet: 1 - 3/4 ton chassis cab for street department in the amount of $13,737.00 less trade allowance of $450, for a net cost of $13,287.00; 1 - 1/2 ton pickup for sanitation department, $13,096.00 less trade-in allowance of $1,000 for a net cost of $12,096.00; 1 - 1/2 ton pickup for water department, $12,537.00 less trade-in allowance of $750 for net cost of $11,787.00; 1 compact pickup, ext. cab 2 WD for engineering department, $12,324.00; 1 - 1/2 ton pickup for wastewater department $12,537.00 less trade-in allowance of $1,500 for a net bid of $11,037.00; Hansen Ford: 1 mid-size auto for public works department $13,610.50 less trade-in allowance of $2,500 for a net bid of $11,110.50; 1 mid-size auto for police department $13,610.50; and further that the vehicle for the police department be awarded contingent upon approval of the public safety chairman and/or committee.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": 13881
February 6, 1995

none. Mayor Polovitz declared the motion carried.

Committee No. 2, Public Safety, reported having considered the matter of bids for unmarked police vehicle, and recommended that we concur in the award of the bid to Hansen Ford in the amount of $13,610.50.

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

RECEIVE AND FILE COMMUNICATION RE. SODA
ASH BID FOR WATER PLANT

Committee No. 3, Public Service, reported having considered the matter of bids for soda ash for water plant, and recommended to receive and file communication from General Chemical and to notify them relative to our action.

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

AUTHORIZE ENTERING INTO CONTRACT FOR IN-HOUSE
SEMINAR

Committee No. 3, Public Service, reported having considered the matter of in-house training seminar, and recommended that we authorize proper City officials to enter into a contract with the Institute of participatory Management and Planning for in-house training for $7,500, plus expenses; costs for the training to be recovered through tuition from attenders and sanitation department budget.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz 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: a) Change Order #3, Moorhead Construction Company, $2,382.55, and b) Change Order #3, Samson Electric, $2,773.00, and recommended approval of the change orders.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDERS FOR PROJECT NO. 4117,
PUBLIC WORKS FACILITY RENOVATION, PHASE I

Committee No. 3, Public Service, reported having considered the matter of change orders for City Project No.4117, Public Works Facility Renovation, Phase I: Change Order #E-4 Bergstrom Electric, Inc., $2,556.00; Change Order #M-3 Lunseth Plumbing & Heating Company, $1,529.00; and Change Order #G-5 Innes Construction Co., Inc. $1,050.00, and recommended to approve the change orders.

13882
February 6, 1995

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDERS FOR PROJECT NO. 3790,
DEMERS AVENUE RECONSTRUCTION, PHASE I

Committee No. 3, Public Service, reported having considered the matter of NDDOT change orders for Project No. 3790, DeMers Avenue, Phase I, in the amount of $24,378.45, with City share of $4,875.69, and recommended to approve the change orders.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4044, DISTRICT NO. 530

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4044, 6th Avenue North reconstruction, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 6394 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING DISTRICT NO.
530, PROJECT NO. 4044

The city auditor presented and read the engineer's report on Paving District No. 530, Project No. 4044: Document No. 6395 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING DISTRICT
NO. 530, PROJECT NO. 4044

Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 6396 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer
13883
February 6, 1995

that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

APPROVE PLANS AND SPECIFICATIONS, PROJECT
NO. 4261, 1995 SIDEWALK REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4261, 1995 sidewalk replacement, and recommended that we approve plans and specifications and authorize advertising call for bids.

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

APPROVE PLANS AND SPECIFICATIONS, PROJECT NO.
4262, 1995 CONCRETE STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4262, 1995 concrete street repair, and recommended to approve plans and specifications and to authorize advertising call for bids.

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

APPROVE PLANS AND SPECIFICATIONS, PROJECT NO.
4263, 1995 ASPHALT STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4263, 1995 asphalt street repair, and recommended to approve plans and specifications and to authorize advertising call for bids.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS,
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4044, PAVING
DISTRICT NO. 530

The engineer's estimate of total cost of the reconstruction of 6th Avenue North from Columbia Road to State Street, in the amount of $
was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4044, District 530, 6th Avenue North reconstruction, and recommended that we pass a resolution approving plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6397 - Resolution.
13884
February 6, 1995

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

AUTHORIZE ENTERING INTO AGREEMENT FOR FUTURE
CONSTRUCTION FUNDING FOR 6TH AVENUE NORTH,
PAVING PROJECT NO. 4044

Committee No. 3, Public Service, reported having considered the matter of Project No. 4044, 6th Avenue North reconstruction, and recommended to authorize proper City officials to enter into agreement for future construction funding for 6th Avenue North.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

APPROVE EASEMENTS FOR 6TH AVENUE NORTH,
PROJECT NO. 4044

Committee No. 3, Public Service, reported having considered the matter of utility and roadway easement for 6th Avenue North,and recommended to approve easements and authorize proper City officials to sign said easements.

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

APPROVE EASEMENTS FOR PROJECT NO. 4169

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement and utility easement for Sanitary Sewer Forcemain Project No. 4169, located at South 48th Street extended between 17th and 32nd Avenues South, for and in consideration of the sum of $1,150.00 (utility easement, $450, and temp. construction easement, $700.00) and other good and valuable considerations, Nor-Agra, Inc., grantor, with cost funded from the project, and recommended approval of the easements.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

ACCEPT QUOTE FOR COMPUTER FOR LIFT STATION
TELEMETRY CHANGES

Committee No. 3, Public Service, reported having considered the matter of quotes for computer for lift station telemetry changes, and recommended to accept quote of Gaffaney's in the amount of $12,760.00.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE EXTENSION OF AGREEMENT WITH RON'S
ELECTRIC FOR EMERGENCY ELECTRICAL WORK

13885
February 6, 1995

Committee No. 3, Public Service, reported having considered the matter of call for bids for contracted electrical work, and recommended to extend the agreement with Ron's Electric for a period of one year at the current contract unit prices, and to authorize proper City officials to enter into the agreement.

It was moved by Council Member Hamerlik and seconded by Council member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

ACCEPT BID FOR PUMPS FOR WASTEWATER DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for pumps for wastewater department, and recommended to accept the low bid of H2O, Inc. in the amount of $15,087.60 for the 6x6 pump and $4,332.00 for the floating pump.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPLICATION BY AGRIDATA FOR GROWTH
FUND MONIES


Committee No. 4, Urban Development, reported having considered the application for Growth Fund monies by AgriData, and recommended that we approve the loan to AgriData, Inc. as follows: $20,000 at an interest rate of 4%, with payments deferred for one year, amortized over five years, loan security to be equipment owned by the company as well as a personal guaranty from Mr. Hagert, contingent upon AgriData, Inc. securing $50,000 in additional funding.

It was moved by Council Member Beach and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGES TO FLOOD RELIEF POLICY

Committee No. 4, Urban Development, reported having reviewed and made appropriate changes to Flood Relief Policy, and recommended that we accept recommendation by staff as follows: Category B: 1) increase the maximum grant and reduce the match for households needing extensive repairs to correct health and safety concerns, priority repairs include: severe basement and foundation damage, on-going flooding in the basement, damage to mechanical systems, lack of adequate water or sewer, chronic health problems aggravated by water/mold, and repair of bedrooms used by family members. 2) allow homeowner match to be met by earlier payment of emergency repairs, cash, donated labor, or future repairs. Grant funds could pay for major work, and the match could be met by owners doing the secondary repairs when they can afford to do so (e.g. painting or flooring in non-essential areas), staff would work with each applicant on the best way to meet match. 3) match will be 50% for assistance up to $1,500 and 25% on amounts over $1,500. 4) an applicant may request a further reduction of match but must document need (age or disability impedes self-help, high housing or medical expense, lack of assets, etc.). The executive director would review these requests. Category
13886
February 6, 1995

C: 1) no assistance will be approved until the needs of low and moderate income and Category B applicants are known; however, the maximum grant will be increased to $5,000 for major structural/mechanical damage or severe health concerns; match will remain at 50%, but could be met in the ways mentioned previously; and an applicant could apply for a reduction of match but must furnish proof of financial need for review by the executive director.

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

MATTER OF LOCAL PREFERENCE IN BIDDING PROCESS

Committee No. 4, Urban Development, reported having considered the matter of bidding process re. local preference, and recommended that if the city attorney believes legal that the council then sponsor a public hearing.

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

AWARD BID FOR DEMOLITION OF HOUSE AT 409
WALNUT STREET, CONTINGENT UPON RECEIVING TITLE

Committee No. 4, Urban Development, reported having considered the matter of demolition of house at 409 Walnut Street, and recommended that contingent upon receiving title the City award demolition bids to Zavoral & Sons in the amount of $1,200 for base bid, and to PDQ Sanitary Services for water abandonment portion of the bid in the amount of $350.00.

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

Clyde Morris, 417 4th Avenue South, presented petitions containing 32 signatures requesting that the house at 409 Walnut Street not be demolished and urging that the city council act to allow its rehabilitation inasmuch as it will help to alleviate the current housing shortage and its rehabilitation will be of benefit to the neighborhood.

Mr. Morris presented proposal for rehabbing of the building, that they would like to have opportunity to rehab this building, would like reasonable length of time, asking for period of two years, and that rehab infinitely better than to tear down. He stated that this is a useable property, non-conforming setback not material when look at area in which house is located, fits character of the neighborhood, that when house built that was appropriate; that because the house impacts the church which is eligible for listing on the National Register as is the house itself should there be an historic district, then the absence of that house would have very definite impact on the church and its eligibility for listing because takes out of context. After further comments he asked for support in this effort.

Council Member Beach stated that the Morris' assuming that they can purchase for $1.00 or nominal sum, however, there is bidding process involved; he reported he had viewed the property, that because of grossly deteriorated condition of the house, would cost lot of money to rehab, that lot will always be non-conforming lot, no access to alley, no driveway, no parking, that lot ends immediately behind the house, no historic value - 3 criteria required: who lived there, what happened there or type of architecture involved in structure, that this house on its own doesn't qualify; and asked council to support committee on this motion.

13887
February 6, 1995

Sally Morris stated that the highest and best use of property is to provide home for family, dire shortage of single family housing in Grand Forks, need to provide choices to people; benefit to entire community as well as neighborhood that won't produce any tax revenue, benefit to rehab this property, that one suggestion for affordable housing was smaller lot sizes; would hope council would consider this or defer if they want more information, and time to work out purchase price for property.

Howard Swanson, city attorney, stated he was not involved in the issue, but that resale of property under the Code would have to be put out for public bid if the council determined it was to be sold.

John O'Leary, Urban Development Office, reported that if the property were demolished, would regrade, level lot, plant grass and put lot up for bids. He also stated that if property were rehabbed, sold or rented, would have to get certificate of occupancy; that house needs vast amount of work, and that work can't be done for $6 and not even $8,000.

Council Member Beach called for the question.

Upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPOINTMENT OF EMPLOYEE REPRESENTATIVE
ON PENSION AND INSURANCE COMMITTEE ON INTERIM
BASIS