Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, June 5, 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 Monday, June 5, 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, Glassheim, Carpenter, Sande, Beyer, Babinchak, Geller, Johnson, Hagness - 13; absent: Council Member Klave - 1.

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

APPROVE MINUTES APRIL 17, 1995

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, April 17, 1995 were presented and read. It was moved by Council Member Hagness and seconded by Council Member Beyer that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3524, ANNEXING ALL OF
CENTENNIAL ESTATES ADDITION, INCLUDING ADJACENT
RIGHT OF WAY, EFFECTIVE MAY 1, 1996

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Centennial Estates Addition, Grand Forks, North Dakota, including all of the Interstate 29 right of way adjacent thereto and including all that portion of the West Half of the Southwest Quarter of Section 8, Township 151 North of Range 50 West of the 5th Principal Meridian lying easterly of and adjacent to said Centennial Estates Addition less any portion previously annexed", which had been introduced and passed on its first reading on May 15, 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.

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 Hagness and seconded by Council Member Glassheim that the ordinance be amended to include the area south of 11th Avenue South from South 42nd Street east to Johnson's Addition. Carried 13 votes affirmative.

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

DENY ORDINANCE TO ANNEX ALL OF J.F. FIRST
ADDITION

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of J.F. First Addition to the city of Grand Forks, North Dakota, and all that unplatted property lying within the southerly 500 feet of the Southeast Quarter of the Southeast Quarter of Section 18, Township 151 North of Range 50 West of the 5th Principal Meridian which lies easterly of and
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adjacent to said J.F. First Addition including Interstate 29 right of way less any portion previously annexed", which had been introduced and passed on its first reading on May 15, 1995, was presented and read for consideration on second reading.

The city auditor reported that the petitioners had requested to withdraw their petition for annexation, and that notice to the public that this petition for annexation had been filed with the city council had not been made.

It was moved by Council Member Hagness and seconded by Council Member Glassheim to deny the ordinance. Carried 13 votes affirmative.

POSTPONE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO ANNEX PARTS OF SECTION 31,
TOWNSHIP 152 NORTH OF RANGE 50 WEST OF THE
5TH PRINCIPAL MERIDIAN TO JULY 17, 1995

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, parts of Section 31, Township 152 North of Range 50 West of the 5th Principal Meridian as described", which had been introduced and passed on its first reading on May 15, 1995, was presented and read for consideration on second reading.

The city auditor reported that the required notice to the public that this petition for annexation had been filed with the city council had not been made.

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 Sande and seconded by Council Member Babinchak that public hearing and second reading of the ordinance be postponed to July 17, 1995. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3525, RELATING TO
OPERATION AND MAINTENANCE OF THE MUNICIPAL
PARKING SYSTEM

An ordinance entitled "An ordinance amending Section 14-0203 of the Grand Forks City Code relating to operation and maintenance of the municipal parking system", which had been introduced and passed on its first reading on May 15, 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, Glassheim, Carpenter, Sande, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE ASSESSMENTS, SNOW REMOVAL PROJECT
NO. 4298

The city auditor presented and read the assessments as certified to him by the superintendent of streets on Snow Removal Project No. 4298, in the amount of $6,247.50, and reported that the legal notice to the public that these assessments would be presented to the city council this evening had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to
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make on these assessments. There were none.

It was moved by Council Member Sande and seconded by Council Member Babinchak that these assessments be and are hereby accepted and confirmed and that they be levied against the property benefitted in one annual installment to be collected with other taxes by the proper authorities. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

ADOPT RESOLUTION VACATING UTILITY EASEMENT
IN BLOCK 1, COLUMBIA PARK 14TH ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 20-foot wide utility easement lying 10 feet on either side of the lot line common to Lot 1, Block 1, Columbia Park 14th Addition and Lot A, Block 1 of a Replat of Lot 2, Block 1, Columbia Park 14th Addition, 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 Hagness and seconded by Council Member Hoeppner that we do hereby determine an insufficiency of protest on the request for vacation. Carried 13 votes affirmative.

Council Member Hagness introduced the following resolution which was presented and read: Document No. 6516 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Hanson that this resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 537, PROJECT NO. 4292

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving Project No. 4292, District No. 537, paving on Barley Court, 49th Avenue South and Chestnut Street, had expired on May 26, 1995, and that he had received no written protests.

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

Council Member Beyer introduced the following resolution as to protests which was presented and read: Document No. 6517 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest against Paving District No. 537, Project No. 4292, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO. 4292,
DISTRICT NO. 537

The city auditor presented and read tabulation of bids which had been received and opened on May 30, 1995 for Paving Project No. 4292, District No. 537,
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paving on Barley Court, 49th Avenue South and Chestnut Street, indicating that Nodak Contracting was the low bidder based upon their bid in the amount of $118,339.00: Document No. 6518 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4292, District No. 537, in the amount of $151,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for Project No. 4292, District No. 537, paving in Mighty Acres, recommended to accept the low bid of Nodak Contracting in the amount of $118,339.00.

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6519 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Sande that this resolution awarding the contract for Paving Project No. 4292, District No. 537, to Nodak Contracting be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 536, PROJECT NO. 4266

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 536, Project No. 4266, paving on Chestnut Street from 47th Avenue South to 55th Avenue South, had expired on May 26, 1995, and that he had received no written protests.

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

Council Member Beyer introduced the following resolution as to protests which was presented and read: Document No. 6520 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest against Paving District No. 536, Project No. 4266, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
4266, DISTRICT NO. 536

The city auditor presented and read tabulation of bids which had been received and opened on May 30, 1995 for Paving Project No. 4266, District No. 536, paving on Chestnut Street from 47th Avenue South to 55th Avenue South, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $358,615.00: Document No. 6521 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4266, District No. 536, in the amount of $451,445.00, was presented and read.

Committee No. 3, Public Service, reported having considered the bids for
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Project No. 4266, Paving District No. 536, paving on Chestnut Street, and recommended to accept the low bid of Valley Contracting Company in the amount of $358,615.00.

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6522 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Sande that this resolution awarding the contract for Paving Project No. 4266, District No. 536, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 534, PROJECT NO. 4316

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 534, Project No. 4316, paving on South 36th Street from the south side of 22nd Avenue South to 24th Avenue South, had expired on May 26, 1995, and that he had received no written protests.

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

Council Member Beyer introduced the following resolution as to protests which was presented and read: Document No. 6523 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest against Paving District No. 534, Project No. 4316, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
4316, DISTRICT NO. 534

The city auditor presented and read tabulation of bids which had been received and opened on May 30, 1995 for Paving Project No. 4316, District No. 534, paving on South 36th Street from the south side of 22nd Avenue South to 24th Avenue South, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $87,410.49: Document No. 6524 - Bid Tabulation.

The city engineer's estimate of total cost on paving Project No. 4316, District No. 534, in the amount of $111,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4316, Paving District No. 534, paving on South 36th Street, and recommended to accept the low bid of Valley Contracting Company in the amount of $87,410.49.

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

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Council Member Beyer introduced the following resolution which was presented and read: Document No. 6525 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Sande that this resolution awarding the contract for Paving Project No. 4316, District No. 534, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Member Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Beach and seconded by Council Member Hoeppner 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 sale of City lot (Lot 1, Block 1, Medvue 6th Addition).
2) matter of creation of special assessment district and call for plans and specifications for parking ramp project.
3) request for computer purchase for fire department.
4) 1994 audit report.

Public Safety Committee:
1) matter of parking fine for fire lane violations.

REPORT OF BOARD OF ADJUSTMENTS

A communication from Bruce Melin, secretary, Board of Zoning Adjustments, was presented and read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Tuesday, May 30, 1995, that notice had been published as required and that the following appeals were heard: 1) Michael Dennis Braley, 905 North 20th Street, request for variance to the front yard setback requirements to erect an addition to the house, with a motion approved to allow a reduction in the second front yard setback from 12'6" to 7'4", a reduction of 5'2"; 2) Robert A. Sween, 1523 Lewis Blvd., request for variance to the accessory building requirements to erect a garage, with motion approved to allow a 1200 sq.ft. accessory building which is 200 sq. feet over the allowed 1,000 sq.ft. requirements; 3) Robert Hanson, 4614 Loamy Hills Dr., request for variance to the front yard setback requirements to erect a new home, with motion approved to allow a 15' front yard setback which is a 10' reduction from the required 25' setback; 4) John Widdel, Jr., 2102 1st Avenue North, request for variance to the second front yard setback requirements to erect a new front porch, with motion approved to allow a covered entrance to replace the existing open stairway which is 5' from the property line, a variance of 7.5' from the required 12.5'; 5) Dennis L. Coulter, 2003 Gateway Drive, request for variance to the side yard setback and landscaping requirements to erect an addition, with motion approved to allow a new addition to align with the existing building, a 1 ft. side yard setback, with a 14' variance to the required 15' setback for side yard and landscaping requirements; 6) Williams Pipe Line, 3930 Gateway Drive, request for variance to the landscaping requirements to erect a new loading rack, with motion approved to allow the use of grass areas to comply with the landscaping requirements for the pipeline and storage terminal; and 7) Neil and Ann Wilson, 1419 S. 15th Street, request for variance to the accessory building requirements to erect a detached garage, with motion approved to allow a 1092 sq.ft. accessory building which is 92 sq.ft. over the allowed 1000 sq.ft. requirement.

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It was moved by Council Member Hanson and seconded by Council Member Beach that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-09, dated June 5, 1995, and totaling $1,101,418.80, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Hanson and seconded by Council Member 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, Glassheim, Carpenter, Sande, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

DIRECT THAT SALE OF CITY LOT AT GATEWAY
DRIVE ADJ. TO BN TRACKS (NORTH 42ND STREET)
BE CLOSED WITHIN NINETY DAYS

Committee No. 1, Finance, reported having considered the matter of sale of City lot located at Gateway Drive adj. to BN tracks (Pt. NW 1/4 375'x156.9' in northwest corner of NW 1/4 exc. .24 acres Rd. 5-151-50 Unplatted Parts, Grand Forks Township), and recommended that the City advise Mr. Lloyd Sampson that the purchase contract be closed within ninety days from date of approval, June 5, 1995.

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

APPROVE APPLICATION BY SENGEWALD USA, INC.
FOR CONTINUATION OF FIVE-YEAR PROPERTY TAX
EXEMPTION GRANTED TO STONE CONTAINER

Committee No. 1, Finance, reported having considered the application by Sengewald USA, Inc., 4955 10th Avenue South, for a 5-year property tax exemption (continuation of exemption granted to Stone Container), and recommended to establish date of July 3 as date of the public hearing, and grant preliminary approval to the request for extension of the exemption.

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

APPROVE APPLICATION FOR 3-YEAR REMODELING
EXEMPTIONS

Committee No. 1, Finance, reported having considered the application for 3-year remodeling exemption at 2225 9th Avenue North, Brian and Cindy Green, and recommended to approve the application.

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

Committee No. 1, Finance, reported having considered the request by Steve Reller, 616 Maple Avenue, for 3-year remodeling exemption, and recommended that the application be approved.
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It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

INTRODUCE ORDINANCE TO INCLUDE NEW RATE
FOR INDUSTRIAL WATER USERS

Committee No. 1, Finance, reported having considered the matter of industrial water rates from Utility Rate Committee, and recommended to amend the ordinance to include new rate of $1.44 for usage over 3 million gallons per month, and to introduce ordinance for first reading.

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

Council Member Hoeppner introduced an ordinance entitled "An ordinance amending Sections 15-0115(2) of the Grand Forks City Code relating to water rates", which was presented, read and passed on its first reading.

ACCEPT PROPOSAL FOR LONG DISTANCE TELEPHONE
SERVICE

Committee No. 1, Finance, reported having considered the proposals to provide long distance telephone service, and recommended to accept the proposal from U.S. Link for a two-year term.

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

RECEIVE AND FILE MATTER OF IMPOSING CITY
GAS TAX

Committee No. 1, Finance, and Committee No. 3, Public Service, reported having considered the matter of imposing city gas tax designated for improvement of streets, and recommended to receive and file.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak that these recommendations be and are hereby approved. Carried 13 votes affirmative.

AUTHORIZE CITY AUDITOR TO NEGOTIATE FINANCING
OF SIDEWALKS IMPROVEMENTS FOR 1995

Committee No. 1, Finance, reported having considered the matter of financing of sidewalk improvements for 1995, and recommended to authorize city auditor to negotiate with Community National Bank.

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

AUTHORIZE LEASE BUYOUT FOR UTILITY VEHICLE
FOR HEALTH DEPARTMENT

Committee No. 1, Finance, reported having considered the matter of request from Health Department for utility vehicle lease buyout in the amount of $8,000.00, and recommended to approve loan from Loan and Stabilization Fund at current earnings rate of 5.87%, and to amend the budget, with loan to be repaid over a period of three years.
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It was moved by Council Member Carpenter 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, Hanson, Glassheim, Carpenter, Sande, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO AGREEMENT WITH STATE
OF NORTH DAKOTA AND COUNTY OF GRAND FORKS
RE. DISPOSITION OF FINES ON CASES TRANSFERRED
FROM MUNICIPAL COURT TO DISTRICT COURT

Committee No. 1, Finance, reported having considered the matter of negotiations with State and County re. fines on cases transferred from Municipal Court to District Court, and recommended that the City enter into an agreement with the State of North Dakota and the County of Grand Forks in which all fines will be divided as follows: 50% to the State, 40% to the City and 10% to the County, with the City not seeking any share of the imposed administrative fees.

It was moved by Council Member Carpenter 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, Hanson, Glassheim, Carpenter, Sande, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
RECEIVE AND FILE REQUEST TO DEFER PLANS FOR
DETOX CENTER UNTIL A VOTE OF THE PEOPLE; AND
APPROVE PROPOSED FINANCING

Committee No. 1, Finance, reported having considered the matter to defer finalizing any plans for a detox center until a vote of the regular electorate, the citizens of Grand Forks, can be held in order to obtain the will of a majority of the voters, and that we abide by the outcome of their vote, and recommended to receive and file.

Committee No. 1, Finance, reported having considered the matter of final finance package for a detox center, and recommended to approve the 1995 allocation of funds and recommend that the FY 1996 proposed allocation as budget guidelines: 1995: Building Renovation: CDBG Rehab. up to $20,000, City (budgeted funds) $10,000, Special Assessment Tax Delinquent Fund, $15,000, for a total of $45,000; 1995 funding: Human Needs, $10,000, CDBG (public service) $10,000, Grand Forks County, $12,500, United Hospital, $10,000, and NE Human Service Center, $5,000, for a total of $47,500; and 1996 funding: GF Human Needs, $20,000, CDBG public service, $20,000, Grand Forks County, to be negotiated, United Hospital $20,000, NE Human Service Center $5,000, GF City sales tax (budgeted) up to $30,000, with additional funding source: non-profit agency to seek additional operating income from GF County, United Way, CBD Authority, Riverforks, other foundations, Indian Tribes, liquor dealers).

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

Kyle Whitcomb, 2209 University Avenue, Deitz Business Promotions in City Center Mall, stated his opposition to the location and to the financing, that it has potential to be volatile situation, that council moving far too fast and need to slow down and listen to people - not in residential area nor next to businesses. He stated he strongly protests use of property tax funds to build detox center.

David Thompson, 602 South 4th Street, stated his opposition to the location and cost of the proposed detox center, and questioned whether detox facility
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even necessary. He also stated that there is legally binding obligation on part of United Hospital (included in certificate of need) to provide detoxification facility for individuals regardless of ability to pay, financial commitment when seeking licensing to build facility.

There was considerable discussion by the council, Council Members McCabe and Hagness called for the questions. Carried 13 votes affirmative.

Upon roll call vote the following voted "aye": Council Members Beach, Hoeppner, Glassheim, Carpenter, Sande, Beyer, Geller - 7; voting "nay": Council Members McCabe, Hamerlik, Hanson, Babinchak, Johnson, Hagness - 6. Mayor Polovitz declared the motions carried.

AUTHORIZE INSTALLATION OF PARKING SIGNS ON
5TH AVENUE NORTH RESTRICTING PARKING AT CORNERS

Committee No. 2, Public Safety, reported having considered the matter of parking on 5th Avenue North, and recommended to install "no parking here to corner" signs where appropriate in consultation with University Police.

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

APPROVE INSTALLATION OF SPEED LIMIT SIGNS IN
ALLEY ADJACENT TO 405 4TH AVENUE NORTH

Committee No. 2, Public Safety, reported having considered the matter of installation of "slow" sign in alley at 405 4th Avenue North, and recommended to install 15 mph signs in the alley.

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

APPROVE INSTALLATION OF "NO PARKING HERE
TO CORNER" SIGNS ON 24TH AVENUE SOUTH AT
SOUTH 18TH STREET

Committee No. 2, Public Safety, reported having considered the request for "no parking here to corner" signs on 24th Avenue South and South 18th Street, and recommended to install "no parking here to corner" signs from 60 ft. out to the South 18th Street T-intersection.

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

ACCEPT BID FOR AERIAL SPRAYING OF MOSQUITOS

Committee No. 2, Public Safety, reported having considered the matter of aerial spraying for mosquitos, and recommended to accept the bid of Airborne Custom Spraying in the amount of $2.25/acre for aerial spraying in the event of an emergency.

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

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APPROVE BUDGET AMENDMENTS

Committee No. 2, Public Safety, reported having considered the requests for amendment to the Health Department budget, 1) Tobacco Control, to reflect additional funding in the Tobacco Control Grant in the amount of $1,000, and 2) Communicable Disease, to reflect transfer of funds from Families First for vehicle (Ford Explorer) purchase in the amount of $1,994.00, and recommended approval of the amendments.

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

DIRECT SENDING LETTER OF NON-SUPPORT FOR
SIMULCAST RACING FOR COMMUNITY BETTERMENT
ASSOCIATION, AND LETTER ENCOURAGING NO
RESTRICTION ON NUMBER OF SERVICE PROVIDERS

Committee No. 2, Public Safety, reported having considered the request from Community Betterment Association for letter of support or non-support of simulcast racing at gaming site located at the Dakota Place, 110 North 3rd Street, and recommended to send a letter of non-support for the Community Betterment Association.

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

Committee No. 2, Public Safety, reported having considered the matter of simulcast racing, and recommended that a letter be sent to the State Racing Commission encouraging them to permit anyone who wants to come in and be a service provider, that there is no reason to require a monopoly position and to encourage them to open this to multiple providers.

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

Mel Webster, attorney representing Community Betterment Association re. gaming site at 110 North 3rd Street, appeared in their behalf, that to complete their application they have asked that letter of support or non-support be given from the City, and provided listing of monies that Community Betterment has given back to each community since its organization in 1992, that at least 50% of the money (after percentage of funds allowed for expenses by law) is returned to community; that this is an opportunity for economic development within Grand Forks and would bring business into downtown area; and asked for letter of support. He also noted that this wouldn't preclude council from giving letter of support to any other organization in the city of Grand Forks.

Teg Maragos, attorney rep. Dakota Athletic Club, reported he had received letter from Racing Commission stating that the Racing Commission could deny any letter of support or override any letter of non-support; that they have requested Racing Commission to reconsider their action re. service providers, and asked council to offer letter of non-support.

Nicholas Spaeth, former attorney general and was in office when regulations came into play, and representing Racing Services, Inc., simulcast provider, stated they are asking for letter of support or non-support; that Dakota Athletic Club can apply to Racing Commission for permit, and encouraged council to act on this application today.

Ted Maragos stated they have requested Racing Commission to reconsider their action re. service providers, and again asked council to offer letter of
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non-support.

It was moved by Council Member Carpenter and seconded by Council Member Johnson to amend the motion to delete the word "..non-..". Upon roll call the following voted "aye": Council Members Glassheim, Carpenter, Beyer, Babinchak, Johnson, Beach - 6; voting "nay": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Sande, Geller, Hagness - 7. Mayor Polovitz declared the amendment defeated.

Jerry Trenbeth, member of Racing Commission, stated he would encourage council to take action. He also stated that the Racing Commission hasn't received letter of non-support on any application and don't want one.

It was then moved by Council Members Hamerlik and Hanson that the question be called. Upon roll call the following voted "aye": Council Members Hoeppner, Hamerlik, Hanson, Sande, Geller, Hagness, McCabe - 7; voting "nay": Council Members Glassheim, Carpenter, Beyer, Babinchak, Johnson, Beach - 6. Mayor Polovitz stated that as the motion on call for the question requires 2/3rd favorable vote of the council, the debate would continue.

A member of the Racing Commission stated that they have made their decision re. service providers, and are not going to reconsider until the end of December.

After further discussion Council Member Hamerlik called for the question on the original motion to send letter of non-support; and upon voice vote, the motion carried 12 votes affirmative, Council Member Babinchak voted against the motion.

Upon call for the question on the second motion to send letter to Racing Commission, and upon voice vote, the motion carried 12 votes affirmative; Council Member Johnson voting against the motion.

RECESS FOR 5-MINUTES

Mayor Polovitz called for a five-minute recess at 9:35 p.m. The council reconvened at 9:40 p.m. with all members present.

APPROVE COMPROMISE PROPOSAL FOR FINANCING
IMPROVEMENTS 47TH AVENUE SOUTH BETWEEN
U.S. HIGHWAY 81 AND WEST ACCESS TO ULLAND
PARK, CONTINGENT UPON SPECIFIC CONDITIONS

Committee No. 3, Public Service, reported having considered the matter of financing local match/share for Columbia Road between 36th and 47th Avenues South, and recommended to approve compromise proposal to improve 47th Avenue South between U.S. Highway 81 and the west access to Ulland Park and to participate in funding of the project in the amount of $125,000, with negotiation of all maintenance of that road with the County, and contingent upon receipt of funding from the NDDOT Special Road Fund; and further that the City's share be taken from the Infrastructure Fund.

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

REFER REQUEST FOR DELAY IN SIDEWALK INSTALLATION
ON RIVER OAKS CIRCLE BACK TO COMMITTEE

14062
June 5, 1995

Committee No. 3, Public Service, reported having considered the matter of sidewalks on River Oaks Circle, and recommended to grant delay in sidewalk installation on all lots in River Oaks Circle until September 1, and if sidewalks not installed by the property owner City will install.

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

Council Members Beyer and Hamerlik asked that this matter be sent back to committee for further consideration. Mayor Polovitz referred the matter back to the public safety committee.

GRANT APPROVAL OF OVERSIZE DRIVEWAY AT
715 LEWIS BLVD. PENDING CITY ENGINEER'S APPROVAL

Committee No. 3, Public Service, reported having considered the matter of driveway construction at 715 Lewis Blvd., and recommended to grant temporary approval, pending city engineer's approval.

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

INTRODUCE ORDINANCE TO ADOPT UNIFORM
MECHANICAL CODE, 1994 EDITION, BY REFERENCE

Committee No. 3, Public Service, reported having considered the proposed ordinance re. adoption of the Uniform Mechanical Code, 1994 Edition, by reference, and recommended adoption of the Uniform Mechanical Code (as amended) and introduce ordinance for first reading.

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