Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, July 17, 1995

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, July 17, 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, Babinchak, Johnson, Hagness - 11; absent: Council Members Klave, Beyer, Geller - 3.

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

APPROVE MINUTES MAY 15, 1995

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, May 15, 1995 were presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Hagness that these minutes be approved as read. Carried 11 votes affirmative.

ADOPT ORDINANCE NO. 3530, RELATING TO
LICENSING OF TOBACCO RETAILERS AND RELATING
TO PROHIBITED SALES OR PURCHASES OF TOBACCO
PRODUCTS

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 had been introduced and passed on its first reading on June 19, 1995, was presented and read for consideration on second reading.

Howard Swanson, city attorney, in response to a memo from Council Member Glassheim asking for clarification of several points in the ordinance, stated that 1) whether City could provide immunity for retailer in event they were to be sued in civil court for an allegation of false arrest, and stated council does not have that ability; a suit under civil law for false arrest is brought under state law and not local law, a local municipality cannot alter the provisions of state law; his recommendation to retailer is same as they presently give licensed alcohol sales (refer to and provide information to the police department); 2) can retailer be penalized in event individual presents false i.d.; that this depends on whether retailer knew or should have known i.d. was fake, or whether or not reasonable to rely upon an altered i.d.; 3) hearing officer - that this would be up to mayor and suggested designated hearing officer; 4) how give-aways treated in off-premise events: Mr. Swanson stated that if co-sponsor is licensed retailer no express prohibition on give-away of tobacco products in the proposed ordinance.

Council Member Glassheim moved the following amendment to Section 21-2806 (6) to add the words "on the premises" between the words "person" and "eighteen". Council Member Hagness seconded the motion. Carried 11 votes affirmative.

Council Member Glassheim moved an amendment to Section 21-2808 (1), subsections B, C, D and E relating to penalties for offenses within two years to change the licensing period within which offenses occur from two years to one year. The motion was seconded by Council Member Hanson. Carried 11 votes affirmative.

Council Member Glassheim moved an amendment to Section 21-2808 (4) which gives the hearing officer the ability of suspending penalty, to add to that the following: "In considering the suspension of any of these orders, the mayor or 14113
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hearing officer shall take into account good faith efforts by the retailer to train and instruct employees, the certainty of the evidence presented, the apparent age of the purchaser, and other efforts to comply with the intent of this ordinance." to make clearer what kinds of things the hearing officer should take account of when considering what to do after imposing the penalty. Council Member Hagness seconded the motion.

Mr. Swanson suggested deletion of the phrase with regard to the certainty of the evidence presented, and add the phrase "..by the licensee..." where it reads "..and other efforts to comply..." Council Members Glassheim and Hagness agreed to the changes in the amendment.

Upon call for the question on the amendment, the motion carried 11 votes affirmative.

Council Member Glassheim moved an amendment to Section 21-2808, penalty section, to add a new subsection which reads as follows: "Licensees shall be notified by city officials of the nature of the charges no more than ten (10) days after they have knowledge of an alleged violation." Council Member Hagness seconded the motion.

Council Member Carpenter suggested changing the ten days to thirty days; that "they" be changed to the "city attorney"; and after "alleged violation" add ", except in the circumstances where the alleged violation is the result of a compliance check that the period of time be ten days".

Mr. Swanson stated that he strongly opposes the amendment for a number of reasons: 1) council should be aware that they have now created, if amendment adopted, a 10-day statute of limitations for the prosecution of this offense; 2) that there is no other ordinance that contains anything near this, including offenses much more serious in nature than an illegal sale of tobacco; and if they were going to impose such a requirement, would suggest they impose an alternative requirement on the retailer, that is, for every retailer that has a video monitor and are alleged to have had an illegal sale, that they have an affirmative obligation to turn over all tapes; that he doesn't think that's reasonable on the retailer's part nor on the City's part; that it poses particular problems with the enforcement of the ordinance if the complaint originates from citizen, parent or another consumer; and last reason for suggesting they deny it, is it focuses the argument not on conduct of the retailer, not on the illegal act, but rather focuses on timeliness of notice to the retailer which otherwise should have known that an illegal sale occurred.

Arch Simonson, 715 Lewis Blvd., stated the reason for the 10-day limitation was to address a problem as quickly as possible.

After some discussion it was moved by Council Member Carpenter and seconded by Council Member Hagness to amend the amendment to read: "licenses shall be notified by the City of the nature of the charges no more than thirty (30) days after the office of the city attorney has knowledge of an alleged violation....." and to add the exception to the thirty-day notice in instances of a city-sponsored compliance check which would occur within ten days. Carried 11 votes affirmative.

Upon call for the question on the amendment, as amended, the motion carried 11 votes affirmative.

Mr. Swanson asked the council to consider two additional editorial amendments: 1) in Section 21-2802, to change words "..no person.." to read "..no retail tobacco dealer.."; and to correct typographical error, past tense which is improper; and 2) in Section 21-2806, subdivisions (1) and (2), which now reads
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"...no license shall be issued...." should read "...no license under this article shall be issued..."

It was moved by Council Member Carpenter to amend the ordinance to include the editorial amendments as presented; Council Member McCabe seconded the motion.
Upon call for the question on the amendment, and upon voice vote, the motion carried 11 votes affirmative.

Council Member Hagness questioned how this would affect tobacco company giving samples under someone else's license. Mr. Swanson advised that the suggested amendments would have no impact on that whatsoever; however, the ordinance as proposed would not allow that unless the sponsor of that event was a licensed retail holder under our article. He stated that there is no prohibition on a give-away under this ordinance; the ordinance would, however, require that the sponsor of that event hold a local license. He did state that there is a potential problem under Section 21-2806 (1) which requires that a license be issued to applicant's established place of business; that they have not provided any type of temporary license.

Thomas John Kuchera, attorney representing North Dakota Petroleum Marketing Assn., which has concern about the marketing of tobacco products because of the convenience stores and gasoline filling stations they are associated with, and also been in touch with some local retailers and advertising interests, and his primary purpose in being here is that he was instructed to convey to the council that all of those associated with, support in principal the ordinance with amendments proposed by Mr. Glassheim; that he was not aware of problem until late today re. problem at fairgrounds and drafted some amendments which he hopes someone will look at and propose that address the problem of special promotions for fairground activities, racing activities, etc. at which persons not necessarily retailers with local licenses, do distribute free samples to and by adults, and that ordinance as drafted would preclude that kind of activity unless an amendment is adopted. He stated that he would add a section to 21-2803 as follows: A license for distribution at special events and the offering of tobacco samples may be issued by the city auditor to any person, including a person not a retail tobacco dealer, who otherwise satisfies the requirements of sub. (1) I, A, B, C, E and F above, but no sales for money may be made under such a license, and the licensee thereunder is otherwise subject to all of the provisions of the ordinance. He stated that in looking at the ordinance as drafted, with or without his amendment, it appears that the wording in the ordinance draft as a whole does have some discontinuities and he is instructed to say that if the council should decide to refer the ordinance draft back to committee for some fine-tuning and refinement, his principal and others who are interested, would be glad to offer their assistance and cooperation in cleaning up the language.

Mr. Swanson stated Mr. Kuchera's proposal only relates to give-aways, and Council Member Hagness was asking whether another retailer could go to another location, and under this proposal that would not be allowed. He also expressed some concern re. Mr. Kuchera's proposal if person (individual or entity) came in and obtained a temporary license, and not otherwise licensed under the City of Grand Forks under the ordinance, if it were adopted, and an illegal give-away did occur, you have no remedy; at end of temporary license, that individual or entity is gone, nothing to suspend, no ability to enforce terms of the ordinance, but if licensed retailer (sponsor) allowing them to go to location other than their business, they still have the obligation to comply with the ordinance.

Council Member Hagness moved an amendment to the ordinance to provide for a limited license at a location other than their established place of business for a period not to exceed 14 days; Council Member Hanson seconded the motion.

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Debbie Swanson, 3334 Primrose Court, employed by public health department, stated opposition to tobacco give-away promotions which are primarily aimed at maintaining addiction among adults as well as enticing young people to obtain those products; that she does not feel that this amendment deserves support and asked that they not support it.

Council Member Hagness stated that he didn't realize that they were targeting adults until Mrs. Swanson stated that it contributes to the addiction of adults, that he thought they were talking about kids, and asked if next step was to eliminate tobacco products completely. He asked council to support the amendment as it does affect events in the community.

Mr. Swanson advised that there would need to be some fine-tuning to the amendment and also re-numbering of the sections if the amendment is adopted.

Upon call for the question on the amendment and upon voice vote, the amendment failed.

Arch Simonson asked council to look at Section 21-2807 relating to warning signs, that as a retailer has some concern re. placing signage at or near every display of tobacco products and on or upon every vending machine which offers tobacco products, and would like council to consider putting signage next to cash register, which might be sufficient, and also to consider size, who determines, etc. and asked for some discussion/clarification on that.

Council Member Carpenter stated that ordinance is not effective until January 1, and that over the next several months that the health department meet with retailers and work out acceptable signage to all parties, and if controversy bring back to council for amendment. Mr. Simonson stated that was also concern, that health department would determine that sign, would prefer to see City or mediating body determine that, and would like to be included in that and would like to see it read signage that is acceptable not only to the health department but to the retailers as well. It was stated that if there is a disagreement it can be addressed at a later date.

Council Member Hanson expressed concern when any elected body starts legislating morality, that until Food and Drug Administration decides that cigarette smoking is illegal, doesn't think that we should legislate what adults do.

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Sande, Babinchak, Johnson, Hagness, Beach, McCabe, Hoeppner, Hanson, Glassheim, Carpenter - 10; voting "nay": Council Member Hamerlik - 1. Mayor Polovitz declared the motion carried and the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3531, TO AMEND STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF AIRPORT 5TH RESUBDIVISION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Airport 5th Resubdivision being a Replat of Lot 1, Block 4, Replat of Airport Addition and a Replat of Lots A, C and D, Block 5 of a Replat of Lot 5, Block 5 of the Replat of Airport Addition", which had been introduced and passed on its first reading on June 19, 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 14116
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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 Dirk Lenthe on behalf of Service Oil Co. for final approval of the plat of Airport 5th Resubdivision, being a Replat of Lot 1, Block 4, Replat of Airport Addition and a Replat of Lots A, C and D, Block 5 of a Replat of Lot 5, Block 5 of the Replat of Airport Addition, including vacated North 47th Street lying between Gateway Drive and 12th Avenue North, 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 11 votes affirmative.

Upon call for the question of adoption of this ordinance, and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

TABLE INDEFINITELY PLAT AND ORDINANCE AMENDING
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF J.F. FIRST
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 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 the request indefinitely.

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

TABLE INDEFINITELY ORDINANCE TO AMEND ZONING
MAP TO INCLUDE ALL OF J.F. FIRST ADDITION
WITHIN J.F. PUD, CONCEPT DEVELOPMENT PLAN

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 14117
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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 first reading on May 15, 1995, and upon which public hearing had been continued to 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 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 the request indefinitely.

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

CONTINUE PUBLIC HEARING AND POSTPONE SECOND
READING OF ORDINANCE TO AMEND ZONING REGULATIONS
TO INCLUDE DETOX CENTER AS PERMITTED USE IN B-4
ZONING DISTRICTS BY CONDITIONAL USE PERMIT; AND
REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW
FOR THE OPERATION OF A DETOX CENTER IN A B-4 DISTRICT
TO AUGUST 7, 1995

An ordinance entitled "An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0217, B-4 (Central Business) District, subsec- tion (3) conditional uses", which had been introduced and passed on its first reading on June 19, 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.

Dave Perry, 610 North 25th Street, member of City Mission Board, stated that agenda referred only to location at 420 Division Avenue, and would like to have 414 Division included also. It was stated that both locations were included.

Mr. Swanson, city attorney, advised that amendments to the Zoning Regulations require a favorable vote of 3/4th of all the members of the council (11) or if less than 3/4ths of the members are present, by the unanimous vote of all those present.

It was moved by Council Member Glassheim and seconded by Council Member Hagness to table until the next meeting of the council, August 7. Carried 11 votes affirmative.
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POSTPONE SECOND READING OF ORDINANCE RE.
WASTEWATER DISPOSAL TO AUGUST 21, 1995

An ordinance entitled "An ordinance amending Article II of Chapter XV of the Grand Forks City Code relating to wastewater disposal", which had been introduced and passed on its first reading on April 3, 1995, was presented and read for consideration on second reading.

It was moved by Council Member McCabe and seconded by Council Member Hoeppner that second reading of the ordinance be postponed to August 21, 1995. (The ordinance needs EPA concurrence prior to adoption, which has not been received.) Carried 11 votes affirmative.

CONTINUE 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

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, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

Inasmuch as the notice of public hearing had not been published as required, it was moved by Council Member Hagness and seconded by Council Member Hoeppner that the public hearing and second reading of the ordinance be postponed to August 7, 1995. Carried 11 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 2202 11TH AVENUE NORTH
FOLLOWING PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Nadine Gerszewski to move building from 519 Belmont road to 2202 11th Avenue North to be used as a garage, had been published and posted 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.

Committee No. 3, Public Service, reported having considered an application for moving permit by Nadine Gerszewski to move building from 519 Belmont road to 2202 11th Avenue North to be used as a garage, and recommended approval of the application subject to the public hearing.

It was moved by Council Member Hanson and seconded by Council Member Hoeppner that this recommendation be and is hereby approved, and that Ms. Gerszewski be authorized to move the building. Carried 11 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 4341, DISTRICT NO. 535

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving Project No. 4341, District No. 535, paving on South 36th Street from 24th Avenue South to 28th Avenue South, South 35th Street from 24 Avenue South to 28th Avenue South, Sara Lyn Drive, and on 28th Avenue South from South 36th Street to South 34th Street in Columbia Park 15th Addition, had expired on July 14, 1995, and that he had received no written protests.
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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 Babinchak and seconded by Council Member Sande that we do hereby find and determine an insufficiency of protest against Paving Project No. 4341, District No. 535, as no protests were filed. Carried 11 votes affirmative.

Council Member Hagness introduced the following resolution as to protests which was presented and read: Document No. 6571 - Resolution.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
4341, DISTRICT NO. 535

The city auditor presented and read tabulation of bids which had been received and opened on July 10, 1995 for Paving Project No. 4341, District No. 535, paving on South 36th Street from 24th Avenue South to 28th Avenue South, South 35th Street from 24th Avenue South to 28th Avenue South, Sara Lyn Drive, and on 28th Avenue South from South 36th Street to South 34th Street in Columbia Park 15th Addition, indicating that Nodak Contracting was the low bidder based upon their bid in the amount of $361,745.45: Document No. 6572 - Bid Tabulation.

The city engineer's estimate of total cost for Paving Project No. 4341, District No. 535, in the amount of $460,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Paving Project No. 4341, District No. 535, paving Columbia Park 15th Addition, and recommended that we accept the low bid of Nodak Contracting in the amount of $361,745.45.

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

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6573 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Hagness that this recommendation awarding the contract for Paving Project No. 4341, District No. 535, be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Babinchak, Johnson, Hagness - 11; 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 Hanson to delete portion of item on consent agenda relating to reduction in size of city council and leave portion of referral relating to alternative forms of government. The motion died for lack of a second.

It was moved by Council Member Beach and seconded by Council Member Babinchak that the consent agenda item be referred to committee (committee of the whole) as noted for consideration. Carried 9 votes affirmative; Council Members Hamerlik and Hanson voting against the motion.
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Council Member Carpenter suggested that this matter be referred to the Budget Framework Committee, which consists of the four committee chairs, and to whom the matter of city manager/full time mayor has already been referred, and moved that the item be referred to the Budget Framework Committee. Council Member Hagness seconded by the motion. Carried 10 votes affirmative; Council Member Hanson voted against the motion.

RECESS FOR 5-MINUTES; RECONVENE

Mayor Polovitz called for a five-minute recess at 8:55 p.m.

Mayor Polovitz called the meeting back to order at 9:00 p.m. with all members present except Council Member McCabe.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of June 30, 1995, was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Johnson that this report be and is hereby received and filed. Carried 10 votes affirmative.

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 Thursday, July 6, 1995, that notice had been published as required and that the following appeals were heard:
1) Clifford L. Phelps, 1102 23rd Avenue South, request for variance to the accessory building requirements to erect a garage, which was approved allowing a total of 1200 sq.ft. of accessory building exceeding the allowed 1000 sq.ft. by 200 sq.ft.;
2) Allen F. Stahl, 1101 Reeves Drive, request for variance to the accessory building requirements to erect a garage, which was approved allowing a new garage with the same setbacks as the existing garage, reducing the driveway setback from 20 ft. to 6 1/2 ft. and the side yard setback from 3 ft. to 2 1/2 ft.;
3) Service Oil, Inc., 1212 N. 47th Street, request for variance to the parking lot and landscaping requirements for construction of a driveway area, which was approved allowing the elimination of the parking lot setback and the landscaping in an area between the second and third approaches, approx. 190 ft, and allowing the reduction of total green space from 15% to 7.1%;
4) Steve Hess, 701 DeMers Avenue, request for variance to off-street parking requirements to construct a new building, which was approved allowing a 5 ft. landscaped area around the perimeter of the lot in lieu of 10 ft. and a reduction in parking separation from 26 ft. to 24 ft. in the northwest parking area;
5) Young Manufacturing, 2331 North 42nd Street, request for variance to land-
scaping requirements for the existing parking lot, which was approved allowing no curb on the north side for future parking expansion, allowing the curb on the south side to be replaced by a rail and existing trees, and allowing the elimination of the curbed walk adjacent to the building;
6) General Tobacco Company/Whalen's, 101 North 8th Street, request for variance to the side yard and rear yard setback requirements to erect an addition, which was approved allowing a new storage building to align with the existing building, a sideyard setback of 2'8" on the northwest rather than the required 15 ft. and 7'8" on the southeast rather than the 20 ft. requirement;
7) Rick Hodek, 5003 6th Avenue North, request for variance to the accessory building setback requirements to erect an addition, which was approved allowing the space between the proposed house addition and the existing garage to be reduced from 12 ft. to 6 ft., provided fire protection be provided on the garage wall;
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8) Steve Flaten, 913 2nd Avenue North, request for variance to the landscaping buffer yard, parking lot paving and curb and gutter requirements, which was approved allowing the elimination of the landscaping to the south railroad tracks, allowing the north, east and west landscaping to be buffer yards type D with the placement agreed upon with the zoning administrator and landowner, and allowing the compliance with the Land Development Code to be phased in as follows: construction of storage building - 1995, plant buffer yards - 1996, pave driveway - 1997, pave parking - 1998 and place curbing - 1999, and that any landscaping damage during construction shall be replaced.

It was moved by Council Member Babinchak and seconded by Council Member Hoeppner that this report be and is hereby received and filed. Carried 10 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-12, dated July 17, 1995 and totaling $1,390,782.77, 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 Beach and seconded by Council Member Sande 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

COUNCIL MEMBER McCABE REPORTED BACK

TABLE MATTER OF 1996 WAGE AGREEMENT

It was moved by Council Member Carpenter and seconded by Council Member Hanson that the agenda item relative to the 1996 wage agreement be tabled until the August 7, 1995 council meeting. Carried 11 votes affirmative.

AWARD CONTRACT TO PERFORM WAGE STUDY

The Joint Wage Study Committee reported having considered the matter of award of contract to perform wage study, and recommended that a contract be awarded to Ralph Andersen and Associates in the amount of $62,555.00 and further that the 1995 General Fund Miscellaneous budget be amended to use amount in reserve for study and excess cash carryover and expense be set up as consultant services.

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, Hanson, Glassheim, Carpenter, Sande, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

RECEIVE AND FILE 1994 AUDIT FOR GREATER GRAND
FORKS CONVENTION & VISITORS' BUREAU, INC.

Committee No. 1, Finance, reported having considered the matter of audit of financial statements for Greater Grand Forks Convention & Visitors' Bureau, Inc. as of December 31, 1994, and recommended to receive and file.

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

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APPROVE VARIOUS CONTRACTS WITH NORTH DAKOTA
DEPARTMENT OF HEALTH

Committee No. 2, Public Safety, reported having considered the matter of renewal of contract with North Dakota Department of Health, Maternal and Child Health (MCH) agreement, and recommended to approve renewal of the contract with the North Dakota Department of Health.

It was moved by Council Member Sande and seconded by Council Member Johnson 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, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 2, Public Safety, reported having considered the matter of renewal of contract with North Dakota Department of Health, Occupational Health Nurse agreement, and recommended to approve renewal of the contract with the North Dakota Department of Health.

It was moved by Council Member Sande and seconded by Council Member Johnson 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, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE REQUEST TO BLOCK ADDITIONAL STREETS
FOR FORX FEST ON JULY 29, 1995

Committee No. 2, Public Safety, reported having considered the request for blocking of additional streets for 4th Annual Forx Fest on July 29, 1995, and recommended approval of the request to extend closure of Riverboat Road to North 3rd Street, and North 3rd Street from 1st Avenue North to 2nd Avenue North, leaving the intersection open, from 10:00 a.m. to 9:00 p.m. to provide more room for family activities.

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

AUTHORIZE CHANGE IN TRAFFIC IN ALLEY BETWEEN
BELMONT ROAD AND CHESTNUT STREET TO ONE-WAY

Committee No. 2, Public Safety, reported having considered the matter of making alley behind Belmont School one-way going west, and recommended to approve request to make alley between Belmont road and Chestnut Street one-way for westbound traffic.

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

APPROVE BUDGET AMENDMENTS

A request for amendment of the Health Department, Communicable Disease, budget in the amount of $4,350.00 to reflect unanticipated income from grant from HIV/AIDS Community Planning Grant for development of community resource center, was presented and read. It was moved by Council Member Sande and seconded by Council Member Johnson that this budget amendment be and is hereby approved. Carried 11 votes affirmative.

A request for amendment of the Police Department budget in the amount of
14123
July 17, 1995

$3,500.00, to reflect unanticipated revenue from Narcotics Task Force Overtime grant, was presented and read. It was moved by Council Member Sande and seconded by Council Member Johnson that this budget amendment be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4364, DISTRICT NO. 362

The city engineer's estimate of total cost of the construction of sanitary sewer on 6th Avenue North, in the amount of $66,202.50, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4364, District No. 362, sanitary sewer on 6th Avenue North, and recommended to 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, contingent upon payment of upfront monies by the developer in compliance with Section 18-0908 (1)(B) of the Grand Forks City Code.

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

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Sewer Project No. 4364, District No. 362, sanitary sewer on 6th Avenue North, and recommended to delete up-front monies requirement on Project No. 4364. Carried 11 votes affirmative.

It was moved by Council Member Hagness and seconded by Council Member Hamerlik that this recommendation be and is hereby approved and that the original motion be amended to delete the up-front monies requirement. Carried 11 votes affirmative.

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

Council Member Hagness introduced the following resolution which was presented and read: Document No. 6574 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS,
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4365,
WATERMAIN DISTRICT NO. 240