Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, March 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, March 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, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; absent: Council Members Glassheim, Geller - 2.

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

APPROVE MINUTES FEBRUARY 6, 1995

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, February 6, 1995 were presented and read. It was moved by Council Member Sande and seconded by Council Member Hanson that these minutes be approved as read. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3500, TO ANNEX BLOCK 3,
LOT 2, AND BLOCK 4, LOT 1, WASHINGTON ESTATES
RESUBDIVISION

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Block 3, Lot 2 and Block 4, Lot 1, Washington Estates Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 6, 1995, was presented and read for consideration on second reading and final passage.

The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 3501,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
AMUNDSON'S SECOND RESUBDIVISION (FORMERLY
KNOWN AS GOLDEN VALLEY THIRD 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 Amundson's Second Resubdivision (formerly known as Golden Valley Third Addition), to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 6, 1995, 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.

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March 6, 1995

Suzanne Fry, 3007 E. Elmwood Drive, president of Board of Directors of Sister City Association of Greater Grand Forks, stated that the naming of a street, Ishim Drive, pleased their membership and encouraged the retaining of the name of a street in the city of Grand Forks named Ishim Drive, however, if not possible for this street to retain that name then would approach council again re. some other location.

Bob McLaughlin, 815 40th Avenue South, stated he was here to support the proposal to have a street named after Ishim, that he represented Grand Forks in Ishim on two separate occasions and reiterated the importance for the City to reciprocate by naming a street after Ishim, and would really appreciate council's support for this.

Robert Bushfield, city planner, reported that the plat referred to here as Golden Valley Third was renamed because of an annexation that will be coming up later on the agenda to include not only Golden Valley Third Addition but also Amundson's First Addition, and that part of the negotiations on that annexation included changing the name of Golden Valley, which the developer agreed to do, and naming all the property, including Amundson's First Addition and the property being platted as Golden Valley Third Addition, as Amundson's Second Resubdivision.

Council Member Hagness stated that it was unanimous at the Planning and Zoning meeting to change Ishim Drive back to 30th Avenue South because of safety/ emergency purposes.

Mayor Polovitz stated that because of closeness and relationship between the two cities that we should look at some other form of recognition. Council Member Beyer suggested changing the name of Centennial Park to Ishim Park.

Mayor Polovitz closed the public hearing.

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Haugen-Welle, for final approval of the plat of Amundson's Second Resubdivision (formerly known as Golden Valley Third Addition), to the city of Grand Forks, ND, being a part of the Southwest Quarter of the Southwest Quarter of Section 17, Township 151 North, Range 50 West of the 5th Principal Meridian (located in the northwest corner of Ishim Drive and South 38th Street), and recommended final approval (of the plat) subject to special conditions shown on or attached to the review copy, final passage of the ordinance amending the Street and Highway Plan, and adoption of the resolution to change the street name from Ishim Drive to 30th Avenue South.

It was moved by Council Member Hagness and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Hagness introduced the following resolution to change the name of Ishim Drive to 30th Avenue South: Document No. 6411.1 - Resolution.

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

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.


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March 6, 1995

APPROVE FINAL PLAT; ADOPT ORDINANCE NO.
3502, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
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 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 February 6, 1995, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of 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 final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance to amend the Street and Highway Plan.

It was moved by Council Member Hagness and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3503, TO AMEND THE
ZONING MAP OF THE CITY TO REZONE AND EXCLUDE
FROM THE A-1 (LIMITED DEVELOPMENT) DISTRICT AND
TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT ALL OF DEMERS 8TH ADDITION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the A-1 (limited Development) District and to include within the B-3 (General Business) District all of DeMers 8th Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 6, 1995, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

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March 6, 1995

The City Planning and Zoning Commission reported having considered the request from Darryl S. Wilson on behalf of Trillium Corporation for final approval of an ordinance to amend the Zoning Map to exclude from (General Business) District all of DeMers 8th Addition (located in the northwest corner of the intersection of South Columbia Road and DeMers Avenue), and recommended final passage of the ordinance amending the zoning map.

It was moved by Council Member Hagness and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF COLUMBIA PARK 24TH ADDITION TO
APRIL 17, 1995

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 Columbia Park 24th Addition, being a part of the Southwest Quarter of the Northwest Quarter of Section 21, Township 151 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 February 6, 1995, 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.

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 Steve Adams, on behalf of Art Greenberg, Jr. for final approval of the plat of Columbia Park 24th Addition to the city of Grand Forks, ND, being a part of the Southwest Quarter of the Northwest Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian (located between South 26th Street and South Columbia Road and between South 36th Street and South 38th Street), and recommended to hold the request and to continue the public hearing on the ordinance amending the Street and Highway Plan until April 17, 1995.

It was moved by Council Member Beyer and seconded by Council Member Hoeppner that this recommendation be and is hereby approved, and that the public hearing and second reading of the ordinance be continued to April 17, 1995. Carried 12 votes affirmative.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 3504
TO AMEND THE STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC RIGHTS OF WAY SHOWN AS DEDICATED ON THE
PLAT OF COLUMBIA PARK 15TH ADDITION, REPLAT OF
BLOCK 1, LOTS 1, 2 AND 3, AS AMENDED

An ordinance entitled "An ordinance to amend the Street and Highway Plan of

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March 6, 1995

the city of Grand Forks, North Dakota to include the public rights of way shown as dedicated on the plat of Columbia Park 15th Addition, Replat of Block 1, Lots 1, 2 and 3, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 6, 1995, 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.

Robert Bushfield, city planner, reported that at Planning and Zoning they didn't have an opportunity to discuss with the developer the location of the access on South 34th Street, that the preliminary plat showed access where the street intersects with 24th Avenue South, that they were concerned re. access for the interior local roadway (Sara Lyn Drive) so close to the intersection of two collector streets; that after discussing further with the developer, are recommending with the developer's concurrence, that the local street will access onto South 35th Street, which will move the access away from the intersection and allow developer to develop multi-family area lying east of Sara Lyn Drive. He stated they would like to amend this on the floor this evening to move access back from the intersection. It was noted that the map reflects these changes.

Mayor Polovitz closed the public hearing.

The City Planning and Zoning Commission reported having considered the matter of the request from Steve L. Adams on behalf of Arthur Greenberg, Jr. for final approval of the plat of Columbia Park 15th Addition, Replat of Block 1, Lots 1, 2 and 3 (located between South 34th Street and South 38th Street and between 24th Avenue South and 30th Avenue South), 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 Plan.

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

It was moved by Council Member Hagness and seconded by Council Member Hoeppner to amend the motion and to amend the plat to change access as agreed with Mr. Adams. Carried 12 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote the motion carried 12 votes affirmative.

It was moved by Council Member Beyer and seconded by Council Member Hagness to amend the ordinance to reflect changes in the plat. Carried 12 votes affirmative.

Upon call for the question of adoption of this ordinance as amended, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND THE ZONING MAP TO REZONE
ALL OF KOBETSKY AND SCHOEN'S FIRST RESUB-
DIVISION TO APRIL 17, 1995
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March 6, 1995

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the I-1 (Limited Industrial) District and to include within the B-1 (Limited Business) District, all of Kobetsky and Schoen's First Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 6, 1995, 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 Schoen Associates, Inc. on behalf of Winter Garden Associates, LLC. for final approval of an ordinance to amend the Zoning Map to exclude from the I-1 (Limited Industrial) District and to include within the B-1 (Limited Business) District all of Kobetsky and Schoen's First Resubdivision to the city of Grand Forks, ND (located at 901 University Avenue - old Kedney warehouse building), and recommended holding the request and to continue the public hearing on the ordinance amending the zoning map until April 17, 1995.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that this recommendation be and is hereby approved, and that the public hearing and second reading of the ordinance be continued to April 17, 1995. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3505, RELATING TO HOLIDAYS
AND HOLIDAY PAY FOR EMPLOYEES

An ordinance entitled "An ordinance amending Section 6-0420 (3) of the Grand Forks City Code relating to holidays and holiday pay", which had been introduced and passed on its first reading on February 6, 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, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3506, RELATING TO
PENSION COMMITTEE

An ordinance entitled "An ordinance amending Section 7-214(1) of the Grand Forks City Code relating to the pension committee", which had been introduced and passed on its first reading on February 21, 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, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3507, RELATING TO
TECHNICAL CORRECTIONS TO CIVIL SERVICE CODE




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March 6, 1995

An ordinance entitled "An ordinance amending Chapter 6 of the Grand Forks City Code relating to technical corrections to the Civil Service Code", which had been introduced and passed on its first reading on February 21, 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, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

REPORTS OF OFFICERS

The city auditor's report on investments for period ending February 28, 1995, was presented and read. It was moved by Council Members Beyer and Babinchak that this report be received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-03, dated March 6, 1995 and totaling $788,290.84, 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 Carpenter and seconded by Council Member Babinchak 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, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

REPORT FROM DETOX COMMITTEE

Mrs. Rose, chairman of the Community Task Force for Social Detox, stated their committee was given the task to come up with possible locations for a detox unit, and also possible funding. She stated that it was the feeling of the committee that it was not appropriate for City to always carry burden of a center. Sites recommended for consideration were: 1) fire training site on old Mill Road; 2) Gibbs parcel just south of Fairgrounds); and 3) Grand Forks Mission (thrift store and dining room conversion). She identified potential sources of funding: 1) Grand Forks City, $100,000 allocated but unappro-priated, $20,000 contingency in human needs budget; 2) Grand Forks County, $12,500 this year, with annual potential; 3) United Hospital $20,000 annually; 4) United Way, $2-5,000; 5) Northeast Human Services, $10,000 this year, future years contingent upon state funds; 6) Bremer Foundation, $20,000 for capital, nothing for operating; 7) Beverage dealers, possibly $5,000 (should ask them to volunteer it); 8) Central Business Dist. Assn., $2,000; and also 9) Fort Totten Sioux Tribe; 10) Gaming organizations; 11) court system.

There was some discussion re. former Sweet Clover Dairy building as a possible site, and Mrs. Rose stated that site didn't meet criteria (not acceptable to neighborhood); and also noted that United Recovery Center never considered as a location (private facility). She also reported that United Hospital has made a commitment of time and persons to making the detox center a reality; they are willing to help get center up and going, $20,000 annual commitment, willing to provide manpower after operating, and serve on any committee.

Mayor Polovitz thanked individuals who worked on this committee: Marie M. Crawford-Rose, David Thompson, Roger Johnson, Rev. Greg Mannel, Jim West, Rev. Don Barsness, Rev. Bud Johnson, David Molmen, Dave Perry, Kent Keys, Connie Triplett, Jan Zejdlik, Greg Gerloff, Council Members Sande, Glassheim and B.Hanson, Sue Redman, John O'Leary, Chief Paschke, John Schmisek, Holly
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Jeanotte, Lloyd Noack and Don Shields.

Council Members Beach and Klave moved a resolution of thanks to the committee. Carried 12 votes affirmative.

The committee stated they did not investigate cost figures for providing site and/or building; two of the sites are vacant.

The committee also reported on need for a community intervention center in Grand Forks; standard of care for an intervention center, community liability in not having an intervention center, financial liability of client referral for emergency medical assistance, what people use an intervention center, community's humanitarian responsibility, and neighborhood impact of an intervention center. It was noted that clients could not "walk in" but would have to be transported - more than likely by the police.

Dr. Dan Rose, interim director of the Mission, stated that not to do anything is travesty, that Mission not trained to deal with these people, and doesn't have staff to monitor - this has to move to next stage.

Council Member Hanson moved to send this matter to the finance committee for further study. Council Member Hamerlik seconded the motion.

After considerable discussion Council Member Beach stated that rather than referring to another committee, need to vote on approving concept of the City sponsoring a detox center.

Dave Molmen, 398 Woodland Circle, who works for United Hospital, offered, if it's the wish of the council to proceed with study of this issue, the resources of United Hospital to help proceed in that study and lay out specifics of what the program might be like and what facility requirements might be, and anything they could offer on the siting.

After further discussion and upon call for the question, the motion carried 11 votes affirmative; Council Member Beach voted against the question.

Mrs. Rose stated that if anyone would want more information, she (and other members of the committee) would be willing to talk with any of the council members, that all the members of the committee believe in the need for a detox.

RECESS FOR 5-MINUTES; AND RECONVENE

Mayor Polovitz called for a five-minute recess at 8:50 p.m. The meeting reconvened at 8:55 p.m. with all members present.

SET PUBLIC HEARING ON APPLICATION BY
YOUNG MANUFACTURING, INC. FOR FIVE-YEAR
PROPERTY TAX EXEMPTION

Committee No. 1, Finance, reported having considered the application by Young Manufacturing, Inc. for five-year property tax exemption for addition to existing building at 2331 North 42nd Street, recommended that we set the public hearing on the application for Monday, March 20, 1995.

It was moved by Council Member Babinchak and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE APPLICATIONS FOR 3-YEAR REMODELING
EXEMPTION
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March 6, 1995

Committee No. 1, Finance, reported having considered applications for 3-year remodeling exemption for the following properties: a) 1014 1st Avenue North, b) 1111 Lincoln Drive, c) 718 Cherry Street, and d) 721 South 10th Street, and recommended approval of the applications.

It was moved by Council Member Babinchak and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCE AMENDING LICENSE FEES

Committee No. 1, Finance, reported having considered request from taxicab companies for reconsideration of new rates and fees for city chauffeur's licenses, and recommended that we amend the ordinance to reduce the initial application fee from $25.00 to $10.00, and the first year's license from $25.00 to $10.00, leave renewal fee at $25.00, and to introduce for first reading.

Committee No. 1, Finance, reported having considered the matter of license fees for trailer park/mobile home courts, and recommended to amend the ordinance to raise from $0.70 to $2.00 per lot fee for trailer park/mobile home parks.

It was moved by Council Member Babinchak and seconded by Council Member Sande that these recommendations be and are hereby approved. Carried 12 votes affirmative.

Council Member Hanson introduced an ordinance entitled "An ordinance amending various provisions of the Grand Forks City Code relating to fees and charges", which was presented, read and passed on its first reading.

APPROVE BUDGET AMENDMENTS

Budget amendments were presented as follows: a) to amend 1995 budget to increase budget for prior year encumbrances totaling $1,131,519.10 for various departments covering contracts, equipment, etc., and b) to amend the 1995 budget using cash carryover of $18,000 to transfer to the CBD (Central Business District Authority) to cover engineering costs for EAPC on parking ramp project. It was moved by Council Member Babinchak and seconded by Council Member Sande that these budget amendments be and are hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION SUPPORTING LEGISLATION
GRANTING AIRPORT AUTHORITY ABILITY TO LEVY
TAXES UPON COUNCIL APPROVAL

Council Member Carpenter reported that this item was heard briefly in a special meeting of the finance committee this evening but did not have time to hear all the discussion and issues raised, and therefore, no recommendation coming from finance. He stated that this matter came to his attention, that there is a bill in the ND Legislature which has passed the Senate on reconsideration, and is now before the House of Representatives, that it was heard in the House Finance and Taxation Committee. He stated that this bill gives Airport Authorities the ability to certify up to an additional six mills for infrastructure, construction, repair or maintenance, including roads, paving, water and sewer requirements. He stated that an Authority can certify that they need up to an additional six mills, and the sponsoring entity would have to pass on the mill increase without a vote from the respective political subdivision. He stated that he had some concerns and that the entire council
should discuss and pass either a resolution of support for the bill, a resolution not to support the bill, or support a compromise requiring the
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March 6, 1995

the governing entity to approve any increase before it could be certified, that there be some solution to this with the council going on record for some position. He stated this is enabling legislation, giving potential to the Airport Authority who would have to have 2/3rds vote by their governing body to certify the mill increase. He stated he had concerns because Airport Authority is an unelected body that's not responsible directly to the people, and is increasing their mill levy from a statutory 4 mills to 10 mills or a 150% increase, when Legislature looking at giving a 0 or 3% increase to other political subdivisions that their can raise their mill levy and at a time when the City of Grand Forks is looking very seriously at no mill levy increases, and would raise taxes for city and county without their approval. He stated he would like to see resolution taking some position on this bill, whether in favor, opposition, or some amendments they could support in the bill.

Several council members stated that information should have been brought to their attention, that it would be difficult to take action this evening or make recommendation to the Legislature.

Council Member Hagness stated that Mr. Selig had brought matter to the public service committee re. water problems at the airport; that there is water project needed at the airport, which will cost several hundred thousand dollars, and that City and County didn't have money to support this. He stated that public service committee did discuss and they asked engineering office to work with Mr. Selig and Airport Authority to find out what is needed and to report back to the committee, that was last he had heard of it until this past week when he learned that this bill had been introduced in the Legislature, and that council never had been notified. He stated he discussed with Council Member Babinchak who is council's representative on the Airport Authority Board and that she stated this had not been discussed at their Board meetings. He questioned whether this legislation was necessary, that they have not had enough information to make an intelligent recommenda- tion to the Legislature, that City is entity which is going to be responsible, as Mr. Selig, Airport Manager, had stated in finance committee that the County Com- missioners didn't find any obligation on their part to finance this project.

Council Member Carpenter also reported that the House Finance and Taxation Committee held its hearing this morning, that both he and Council Member Glassheim have requested that the vote be held and the chairman of that committee has agreed to hold the vote until Wednesday.

Mark Holy, East Grand Forks, airport tenant, stated was at hearings in Bismarck today, testified against the bill; that several reps. of the Grand Forks Airport Authority testified in favor of the bill; that there was no testimony from any other authority nor the public; and vote was held until Wednesday.

Bob Selig, airport director, stated there is a need for council to have a better understanding of the Airport Authority functions, and need for Airport Authority to have information on how they can communicate better with the council. He stated that they did submit communication to the mayor. He stated whole issue is that they still have a water problem, that if they are uncomfortable with this bill then take whatever action they feel is appropriate, but still have to find solution for the water problem because it is impeding development at the airport of vital industries that affect the whole state of North Dakota, northern Minnesota. He stated their approach to this is to continually work with the City of Grand Forks officials in a
cooperative manner and find solution to this problem and other problems, because Congress downsizing and cutting back, possibility of no federal grant funds to develop airports. He stated that the intention of the Airport Authority re. this bill was to give the City and the Airport Authority one
possible solution to consider in making these infrastructure investments; that 13920
March 6, 1995

they never had any intention of making any unilateral use of those 6 mills, that this one option available to them to keep airport up and running; that Airport Authority still try to find amiable solution to a real problem.

Council Carpenter suggested that the council 1) reduce support to a lower level of mills; 2) support legislation up to 6 mills with an affirmative vote of other governing bodies, City and County, to approve any additional levy before it would take place.

Moved by Council Member Carpenter and seconded by Council Member Babinchak that we adopt a resolution that the council does not support the bill in its current form but that if an amendment is made to require that approval by the appropriate political subdivisions be made, then the council would support the bill.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Babinchak, Klave, Carpenter, Hanson, Hoeppner, Beach, Hagness, Sande, Beyer, Hamerlik, McCabe - 11; voting "nay": Council Member Johnson - 1. Mayor Polovitz declared the resolution adopted.

COUNCIL MEMBER HAMERLIK EXCUSED

RECEIVE AND FILE REQUEST FOR HANDICAPPED
PARKING SPACE AT 17 1/2 S. 4TH STREET

Committee No. 2, Public Safety, reported having considered the matter of request for handicapped parking space at 17 1/2 South 4th Street, and recommended to receive and file.

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

APPROVE APPLICATION FOR CARNIVAL PERMIT
AT SOUTH FORKS PLAZA MAY 4-14, 1995

Committee No. 2, Public Safety, reported having considered the application
by Schoeppner Shows for carnival permit at South Forks Plaza May 4-14, 1995, and recommended approval of the application.

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

COUNCIL MEMBER HAMERLIK REPORTED BACK

CONSIDER MATTER OF PARKING ON 6TH AVENUE
NORTH BETWEEN BOYD DRIVE AND STANFORD ROAD

Committee No. 2, Public Safety, reported having considered the matter of parking on 6th Avenue North between Boyd Drive and Stanford Road, and recommended that we not recommend parking on 6th Avenue North.

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

Council Member Beach questioned location of the no parking area, that they need parking in area of multiple housing between State Street and 42nd Street; Mr. Vein stated that only area addressed is from State Street to Columbia. After further discussion Council Member Beach stated he would then have no
problem with the motion.
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March 6, 1995

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

APPROVE DEED OF PERSONAL REPRESENTATIVE,
BIKEWAY/PEDESTRIAN WALKWAY PROJECT NO. 3947

Committee No. 3, Public Service, reported having considered the matter of deed of personal representative for English Coulee Bikeway/Pedestrian Walkway Project No. 3947, at 11th Avenue South and South 30th Street, for and in consideration of the sum of $1.00, Family of Paul E. Ray, grantor, and recommended approval.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR
WATER TREATMENT PLANT IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for bids for water treatment plant improvements for Project No. 4045, surface water treatment rule improvements; Project No. 4056, chlorine scrubber; and Project No. 4202, standby power; and recommended that we approve plans and specifications, authorize call for bids with a due date for bids of April 6, 1995.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE CONCEPT OF DRAINAGE SWALES IN
COLUMBIA PARK 15TH ADDITION

Committee No. 3, Public Service, reported having considered the matter of utilities to serve Columbia Park 15th Addition, and recommended to approve concept of drainage swales with addition of concrete basin, and covenants and to work out any other details with the city engineering department.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4237, WATERMAIN DISTRICT NO. 234

The city engineer's estimate of total cost of the construction of watermain along South 34th Street from Duke Drive to 11th Avenue South, in the amount of $68,790.75, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of approving plans and specifications for Project No. 4237, Watermain District No. 234, watermain on South 34th Street from Duke Drive to 11th Avenue South, 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.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes