Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, June 19, 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 19, 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, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; absent: none.

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

CONTINUE PUBLIC HEARING AND SECOND READING
OF AN ORDINANCE TO AMEND THE STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF J.F. FIRST ADDITION TO JULY 17

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 J.F. First Addition to the city of Grand Forks, North Dakota, being a portion of the South Half of the Southeast Quarter of Section 18, Township 151 North of Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on May 15, 1995, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

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 Planning and Zoning Commission reported having considered the matter of the request from Paul Sproule on behalf of Johnson Farms for final approval of the plat of J.F. First Addition to the city of Grand Forks, ND, being a portion of the South Half of the Southeast Quarter of Section 18, Township 151 North of Range 50 West of the 5th Principal Meridian (located in the northeast corner of 32nd Avenue South and South 44th Street), and recommended tabling until July 17, 1995.

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

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE AMENDING ZONING MAP TO INCLUDE
WITHIN J.F. PUD, CONCEPT DEVELOPMENT PLAN,
ALL OF J.F. FIRST ADDITION UNTIL JULY 17, 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 A-2 (Agricultural Reserve) District and to include within the J.F. PUD (Planned Unit Development), Concept Development Plan, all of J.F. First Addition, Grand Forks, North Dakota, including the Southeast Quarter of Section 18, Township 151 North of Range 50 West of the 5th Principal Meridian lying west of Interstate 29 right of way less any portion of the Kindness Animal Clinic property", which had been introduced and passed on its first reading on May 15, 1995 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

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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The Planning and Zoning Commission reported having considered the matter of the request from Paul Sproule on behalf of Johnson Farms for final approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the J.F. PUD (Planned Unit Development), Concept Development Plan, all of J.F. First Addition to the city of Grand Forks, ND, including the Southeast Quarter of Section 18, Township 151 North of Range 50 West of the 5th Principal Meridian lying west of Interstate 29 right of way less any portion of the Kindness Animal Clinic property (located east of South 48th Street between 24th Avenue South and 32nd Avenue South), and recommended tabling until July 17, 1995.

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

ADOPT ORDINANCE NO. 3526 TO AMEND ZONING MAP
TO REZONE AND INCLUDE WITHIN WASHINGTON ESTATES
PUD, CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1,
ALL OF FLAAT-MIKKELSON ADDITION AND ALL OF
WASHINGTON ESTATES RESUBDIVISION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the Washington Estates PUD (Planned Unit Development), Concept Development Plan, and to include within the Washington Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Flaat-Mikkelson Addition and all of Washington Estates Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 15, 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 Planning and Zoning Commission reported having considered the matter of the request from the City of Grand Forks for final approval of an ordinance to amend the Zoning Map to exclude from Washington Estates PUD (Planned Unit Development), Concept Development Plan, and to include within Washington Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Flaat-Mikkelson Addition and all of Washington Estates Resubdivision (located between South 10th Street extended and South Washington Street and between 38th and 40th Avenues South), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Zoning Map.

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

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

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3527, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF SHADYRIDGE ESTATES SECOND ADDITION
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An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Shadyridge Estates Second Addition, Grand Forks Township, Grand Forks, North Dakota, being a portion of the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southeast Quarter of Section 26, Township 151 North of Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on May 15, 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 Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Ralph and Ruth Adams and LaVonne Adams for final approval of the plat of Shadyridge Estates Second Addition, Grand Forks Township, Grand Forks County, ND, being a portion of the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southeast Quarter of Section 26, Township 151 North of Range 50 West of the 5th Principal Meridian (located east of Adams Drive within Shadyridge Court), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan.

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

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

ADOPT ORDINANCE NO. 3528, REPEALING AND
RE-ENACTING ARTICLE 5, CHAPTER 19 OF THE
CITY CODE RELATING TO THE MECHANICAL CODE,
AND ADOPTING THE UNIFORM MECHANICAL CODE,
1994 EDITION, BY REFERENCE

An ordinance entitled "An ordinance repealing and re-enacting Article 5, Chapter 19 of the Grand Forks City Code relating to the City Mechanical
Code", which had been introduced and passed on its first reading on June 5, 1995, was presented and read for consideration on second reading and final passage.

Committee No. 3, Public Service, reported having considered the matter of the proposed ordinance re. adoption of the Uniform Mechanical Code, 1994 Edition, by reference, and recommended to amend the ordinance as introduced to delete subsection 504.2 relating to kitchen range hoods.

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

It was moved by Council Member Klave and seconded by Council Member Beyer the ordinance be amended, Section 19-0515, to include deletion of subsection 504.2 14075
June 19, 1995

relating to kitchen range hoods from the Uniform Mechanical Code. Carried 14 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3529, RELATING TO WATER
RATES

An ordinance entitled "An ordinance amending Section 15-0115(2) of the Grand Forks City Code relating to water rates", which had been introduced and passed on its first reading on June 5, 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, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

DEFEAT ORDINANCE IMPOSING SOLID WASTE
SURCHARGE

An ordinance entitled "An ordinance adopting Section 13-0408.1 of the Grand Forks City Code relating to a garbage and rubbish collection surcharge", which had been introduced and passed on its first reading on April 17, 1995, was presented and read for consideration on second reading and final passage.
Committee No. 3, Public Service, reported having considered the matter of solid waste surcharge to fund District IV Solid Waste Board activities, and recommended to defeat ordinance on second reading.

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

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

Committee No. 3, Public Service, reported having considered the request for consideration of the solid waste surcharge to fund District IV Solid Waste Board activities, and recommended to include as line item in the 1996 sanitation department budget the amount of $65,000 for support of the activities of the District IV Solid Waste Board and to adjust rate amount for tipping fees appropriately, effective January 1, 1996.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, contingent upon final adoption of the budget. Carried 14 votes affirmative.

ADOPT RESOLUTION VACATING PORTION OF
NORTH 47TH STREET LYING BETWEEN GATEWAY
DRIVE AND 12TH AVENUE NORTH

The city auditor reported that pursuant to instructions by the city council
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after having received a petition to vacate that portion of North 47th Street lying between Gateway Drive and 12th Avenue North as platted in the Replat of Airport Addition to the city of Grand Forks, North Dakota, 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.

The Planning and Zoning Commission reported having considered the matter of the request from Dirk and R.E. Lenthe for approval of a resolution to vacate a portion of North 47th Street lying between 12th Avenue North and Gateway Drive being bounded on the east by Lot 1, Block 4, Replat of Airport Addition including part of the NW Quarter Northwest Quarter, Section 6, Township 151 North, Range 50 West and bounded on the west by Lots A, C and D, Block 5 of a Replat of Lot 5, Block 5 of the Replat of Airport Addition, including part of the NW Quarter Northwest Quarter of Section 6, Township 151 North of Range 50 West to the city of Grand Forks, North Dakota, and recommended approval.

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

Council Member Hagness introduced the following resolution which was presented and read: Document No. 6537 - Resolution.

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

APPROVE APPLICATION FOR MOVING PERMIT

The city auditor reported that the required notice of public hearing to be held on an application by Greg Sand to move a building from 1512 14th Avenue South to 1007 North 4th street to be used as a garage, had been published and posted.

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

Committee No. 3, Public Service, reported having considered the application for moving permit by Greg Sand to move building from 1512 14th Avenue South to 1007 North 4th street to be used as a garage, and recommended to approve the application, subject to the public hearing on June 19, 1995.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved, and that Mr. Sand be authorized to move the building. Carried 14 votes affirmative.

REPORTS OF OFFICERS

The city auditor's investment report as of May 31, 1995, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Sande that this report be and is hereby received and filed. Carried 14 votes affirmative.

The city auditor's statement of changes in cash balances as of may 31, 1995, was resented and read. It was moved by Council Member Hanson and seconded by Council Member Klave that this recommendation be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS
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June 19, 1995

Vendor Payment Listing No. 95-10, dated June 19, 1995 and totaling $1,187,429.35, 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 Hanson 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, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

SUSPEND AGENDA TO ALLOW CONSIDERATION OF
TOBACCO ORDINANCE RE. LICENSING, AND SALE
AND PURCHASE OF TOBACCO PRODUCTS

It was moved by Council Member Hanson and seconded by Council Member Hagness to suspend agenda to consider item 7-9 relating to licensing of tobacco retailers, etc. Carried 14 votes affirmative.

INTRODUCE ORDINANCE RELATING TO LICENSING
OF TOBACCO RETAILERS AND RELATING TO PRO-
HIBITED SALES OR PURCHASES OF TOBACCO PRODUCTS

Committee No. 2, Public Safety, reported having considered the matter of licensing of tobacco retailers, and recommended to deny the ordinance licensing tobacco retailers.

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

The following individuals appeared and spoke against the proposed ordinance to license tobacco retailers, and relating to prohibited sales or purchases of tobacco products:

Wade Pearson, vice president, Home of Economy, stated he was speaking for all retailers when say do not want to sell to minors, that they were excluded from membership on the Coalition, that they want to comply, concerned about enforcement which is mainly by "sting" operation, and proposed putting on hold for six months to do more education, etc. and after six months, do another compliance survey and see results.

Hugo Magnuson, retail grocery business, with 450 employees in four stores in Grand Forks, commended the committee for trying to find solution to this problem but differ on solution, and opposed to saddling retailers with another law, and to work with what already have.

Craig Pfau, 3415 20th Avenue South, Mini-Mart, opposed ordinance and enforcement through "sting operation".

Jim Carlson, 3211 Elmwood Drive, A & H Vending Co., stated that five years ago City made it illegal to have cigarette vending machines available except in bars and liquor establishments, to place more restrictions not fair to vending industry.

Kathy Cumming, EGF, rep. Valley Dairy, opposed the ordinance and stated that retailers are concerned, very difficult to enforce, with harsh penalty, and suggested doing through other means - training of employees, public awareness, and also need parental involvement.

Scott Pearson, Box 79, Manvel, ordinance seriously flawed, proposed solution
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flawed, that ordinance not about cigarettes but going after retailers who have no control, ordinance punishes business for something they cannot control.

The following individuals appeared and spoke in favor of the proposed ordinance:

Henry Howe, 2309 Chestnut Street.
Dr. Hoggarth, pediatrician, 2229 Fallcreek Court, stated that most people who smoke started very young, shouldn't have kids able to go into establishments and purchase, and urged council to vote their conscience.
Jenny Gustafson, deputy sheriff, Grand Forks City and County Crime Prevention Officer, stated that they listened to retailers and need to make kids responsible also, and included have possession; that enforcing not a sting operation and not entrapment, and asked for vote for the ordinance.
An individual who stated she was a mother and concerned citizen, spoke in support of the ordinance, and to make vendors do what supposed to do, that parents also have responsibility and council has responsibility to protect kids from deadly/dangerous drug, and urged vote in favor of the ordinance.
Debbie Swanson, 3334 Primrose, public health nurse, and member of the Coalition, stated that if all doing their job wouldn't need ordinance, proposing ordinance because most effective way to control, ordinance provides incentives for retailers for training, etc., that proposed ordinance sent to retailers and they made number of compromises based on concerns raised by retailers, and that the ordinance has merit.
James Flynn, 3557 Norkota Court, spoke in favor of the ordinance, that State law ineffective, providing penalties to selling clerk rather than business, that foe not retailers but tobacco, youth need protection; ordinance provides barrier to access; problem is control of source.
Dr. James Brousseau, city health officer, stated that in his practice see results, serious illness resulting from cigarettes, and asked council to vote with conscience.
Don Shields, 3418 Cherry Street, pres. of the local Cancer Society and director of the health department; that cancer leading cause of death in North Dakota, that kids start smoking young, this ordinances gives local control of tobacco in city; would continue education, doesn't impose penalty on retailer who cards and doesn't sell to kids; that we are all responsible, parents, kids and see as commitment to limit access, urge passage of the ordinance.
Dr. Richard Grey, cardiologist, urged support and passage of the ordinance.
Ragnar Bergendahl, 1210 4th Avenue North, stated that ordinance would clear cigarette displays from front door of businesses.

It was moved by Council Member Hamerlik and seconded by Council Member Hoeppner to table this matter to the first meeting in December to allow more dialogue to include retailers and to come up with revised recommendation from the council.

Upon roll call the following voted "aye": Council Members Hoeppner, Hamerlik, Hanson - 3; voting "nay": Council Members Beach, McCabe, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11. Mayor Polovitz declared the motion defeated.

After considerable discussion by the city council, Council Members Hagness and McCabe called for the question (which requires 2/3rds vote of the council. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beer, Babinchak, Geller, Johnson, Hagness, Beach - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

Upon roll call the following voted "aye": Council Members Hoeppner, Hamerlik, Hanson, Hagness - 4; voting "nay": Council Members Glassheim, Carpenter, sande, Klave, Beyer, Babinchak, Geller, Johnson, Beach, McCabe - 10. Mayor
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Polovitz declared the motion defeated.

It was then moved by Council Member McCabe and seconded by Council Member Carpenter to approve the proposed ordinance and introduce for first reading.

Council Member Hagness moved an amendment to the motion that the Tobacco Coalition work with retailers on the ordinance. The city attorney advised that the amendment not germane to the motion; and Mayor Polovitz declared the amendment out of order.

Council Member McCabe called for the question.

Upon roll call vote the followed "aye": Council Members Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness, Beach, McCabe - 12; voting "nay": Council Members Hamerlik, Hoeppner - 2. Mayor Polovitz declared the motion carried.

It was then moved by Council Member Hagness and seconded by Council Member Hamerlik that the Coalition work with retailers to enforce ordinance as it's passed on second reading. Carried 14 votes affirmative.

Council Member Carpenter introduced an ordinance entitled "An ordinance adopting Article 28 of Chapter XXI of the Grand Forks City Code relating to licensing of tobacco retailers and amending Sections 9-1305 and 9-1306 relating to prohibited sales or purchases of tobacco products", which was presented, read and passed on its first reading.

RECESS FOR 5 MINUTES

Mayor Polovitz called a five-minute recess at 9:15 p.m., the council reconvened at 9:25 with all members present except Council Members Glassheim and Hanson.

ADOPT RESOLUTION AUTHORIZING, SELLING AND
ESTABLISHING THE TERMS OF GENERAL OBLIGATION
TAX INCREMENT BONDS, SERIES 1995B AND CREATING
A SINKING FUND THEREFOR

The city auditor presented an affidavit showing publication in the official newspaper of the city of a Notice of Bond Sale of $740,000 General Obligation Tax Increment Bonds, Series 1995B (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted May 15, 1995. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 2 sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 6538 - Bid Tabulation.

Committee No. 1, Finance, reported having considered the matter of sale of various bond issues: General Obligation Tax Increment Bonds, Series 1995B, $740,000, and recommended that we pass a resolution awarding the sale to Piper, Jaffray, Inc. with a true interest rate of 5.5865%, net interest cost of $519,696.25.

It was moved by Council Member Carpenter and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirmative.
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Council Member Carpenter introduced the following resolution and moved its adoption, which motion was seconded by Council Member McCabe: Document No. 6539 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Babinchak, Beach, Beyer, Carpenter, Geller, Hagness, Hamerlik, Hoeppner, Johnson, Klave, McCabe and Sande 12; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE
AND AWARDING SALE OF WATER RESERVE REVENUE
BONDS, SERIES 1995C, TO FINANCE EXPANSION
AND IMPROVEMENT OF THE MUNICIPAL WATER UTILITY

The city auditor presented an affidavit showing publication in the official newspaper of the city of the Notice of Bond Sale of $2,100,000 Water Reserve Revenue Bonds, Series 1995C (the "Bonds") of the City, bids for which were to be considered at this meeting as provided by resolution adopted May 15, 1995. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 2 sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price,interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 6540 - Bid Tabulation.

Committee No. 1, Finance, reported having considered the matter of sale of various bond issues: Water Reserve Revenue Bonds, Series 1995C, $2,100,00, and recommended that we pass a resolution awarding the sale to Piper, Jaffray, Inc. with a true interest rate of 5.6872%, net interest cost of $1,562,860.42.

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

Council Member Carpenter introduced the following resolution and moved its adoption, which motion was seconded by Council Member McCabe: Document No. 6541 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Babinchak, Beach, Beyer, Carpenter, Geller, Hagness, Hamerlik, Hoeppner, Johnson, Klave, McCabe and Sande - 12; and the following voted against the same:none; where upon the resolution was declared duly passed and adopted.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE AND
AWARDING SALE OF SEWER RESERVE REVENUE BONDS,
SERIES 1995D FOR EXPANSION AND IMPROVEMENT OF
THE MUNICIPAL SEWERAGE UTILITY

The city auditor presented an affidavit showing publication in the official newspaper of the city of the Notice of Bond Sale of $1,240,000 Sewer Reserve Revenue Bonds, Series 1995D (the "Bonds") of the city, bids for which were to be considered at this meeting as provided by resolution adopted May 15, 1995. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 1 sealed bid for the purchase of the Bonds had been received from the following institution at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and
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considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 6542 - Bid Tabulation.

Committee No. 1, Finance, reported having considered the matter of sale of various bond issues: Sewer Reserve Revenue Bonds, Series 1995D, $1,240,000. and recommended that we pass a resolution awarding the same to Piper, Jaffray,Inc. with a true interest rate of 5.6689%, net interest cost of $942,357.25.

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

Council Member Carpenter introduced the following resolution and moved its adoption, which motion was seconded by Council McCabe: Document No. 6543 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Babinchak, Beach, Beyer, Carpenter, Geller, Hagness, Hamerlik, Hoeppner, Johnson, Klave, McCabe and Sande - 12; and the following voted against the same: none; whereupon the resolution was duly passed and adopted.

APPROVE 1994 AUDIT REPORT

Committee No. 1, Finance, reported having considered the matter of 1994 audit report, and recommended that we approve the audit report and recommend final payment to Brady, Martz & Associates, subject to final approval of the report by the State Auditor's Office.

It was moved by Council Member Carpenter and seconded by Council Member McCabe that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE FINANCING OF 1995 SIDEWALK
IMPROVEMENTS

Committee No. 1, Finance, reported having considered the matter of financing sidewalk improvements in the amount of approx. $200,000.00, and recommended that we accept the bid of Community National Bank at 98% of par, with a coupon rate of 4.7%, with a five-year bond term.

It was moved by Council Member Carpenter and seconded by Council Member McCabe that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CONTRACT WITH OFFICE OF STATE TAX
COMMISSIONER TO ADMINISTER CITY SALES
TAX FOR 1995-97 BIENNIUM

Committee No. 1, Finance, reported having considered the matter of contract with Office of State Tax Commissioner to administer city sales tax for 1995-97 biennium, and recommended to authorize proper City officials to enter into the agreement and to continue with Option 2 as method of payment - payment to be made in 24 equal payments.

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It was moved by Council Member Carpenter and seconded by Council Member McCabe that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE AGREEMENT WITH NORTHWEST TECHNICAL
COLLEGE FOR MEDICAL ADMINISTRATIVE SECRETARY
INTERNSHIP PROGRAM

Committee No. 1, Finance, reported having considered the matter of agreement with Northwest Technical College, medical administrative secretary internship program, and recommended to authorize proper City officials to execute the agreement with Northwest Technical College contingent upon the city attorney's final review and approval of the documents.

It was moved by Council Member Carpenter and seconded by Council Member McCabe that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

RECEIVE AND FILE MATTER OF PROVIDING GRAND
FORKS MISSION WITH FUNDING FOR LIABILITY
INSURANCE FOR DETOX CENTER

Committee No. 1, Finance, reported having considered the matter of providing Grand Forks Mission with funding for liability insurance for detox center, and recommended to receive and file and to bring up at a later date.

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

APPROVE BUDGET AMENDMENTS

Committee No. 1, Finance, reported having considered the following budget amendment requests: Human Resources, $2,326.00; City Hall, $2,500.00; and Assessing Department, $900.00, and recommended approval of the amendments. It was moved by Council Member Carpenter and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PARKING IMPROVEMENTS DISTRICT NO. 10, PROJECT
NO. 4285

Committee No. 1, Finance, reported having considered the matter of creating of special assessment district and call for plans and specifications for parking ramp project, 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 Carpenter and seconded by Council Member McCabe that this recommendation be and is hereby approved.

Council Member Babinchak questioned whether timing was right and whether should go through process because of costs involved in bidding process. There was some discussion re. need for a parking ramp and construction and
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assessment costs.

COUNCIL MEMBER GLASSHEIM REPORTED BACK

After further discussion and upon call for the question and upon voice vote the motion carried 12 votes affirmative; Council Member Babinchak voted against the motion.

Council Member Carpenter introduced the following resolution creating the assessment district, which was presented and read: Document No. 6544 - Resolution.

It was moved by Council Member Carpenter and seconded by Council Member McCabe that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Geller, Johnson, Hagness - 12; voting "nay": Council Member Babinchak - 1. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PARKING IMPROVEMENTS
DISTRICT NO. 10, PROJECT NO. 4285

The city auditor presented and read the engineer's report on Parking Improvements District No. 10, Project No. 4285: Document No. 6545 - Report.

It was moved by Council Member Carpenter and seconded by Council Member McCabe that this report be and is hereby approved. Carried 12 votes affirmative; Council Member Babinchak voted against the motion.

ADOPT RESOLUTION OF NECESSITY, PARKING
IMPROVEMENTS DISTRICT NO. 10, PROJECT NO. 4285

Council Member Carpenter introduced the following resolution of necessity, which was presented and read: Document No. 6546 - Resolution.

It was moved by Council Member Carpenter and seconded by Council Member McCabe that this resolution be and is hereby adopted. Carried 12 votes affirmative; Council Member Babinchak voted against the motion.

APPROVE REQUEST BY YMCA TO HOLD MARATHON
ON JULY 4

Committee No. 2, Public Safety, reported having considered the request by YMCA for permission to hold "Firecracker Half Marathon" on July 4, and recommended to approve the request.

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

APPROVE REQUEST BY FIRE HALL THEATRE TO HOLD
FUND RAISING STREET DANCE ON JULY 13

Committee No. 2, Public Safety, reported having considered the request by Fire Hall Theatre to hold fund raising street dance on July 13 in parking lot between Central High School and Fire Hall Theatre through alley to intersection with University, and blocking off of the area, and recommended to approve request from 6:00 to 10:00 p.m.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 13 votes
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June 19, 1995

affirmative.

APPROVE REQUEST BY CENTRAL HIGH SCHOOL TO
HOLD ROAD RACES ON AUGUST 5

Committee No. 2, Public Safety, reported having considered the request by Grand Forks Central High School to hold road races on August 5, and recommended to approve the request.

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

APPROVE REQUEST TO HOLD CITY MISSION FESTIVAL
AUGUST 27