Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 7, 1995

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, August 7, 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 12; absent: Council Members Hanson, Johnson - 2.

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

PRESENTATION BY LISTEN CENTER, INC.

Charlie Bremseth, Listen, Inc., made a brief presentation to the council stating that Listen, Inc. is celebrating its 25th year in the city and thanked City and various departments for their help to Listen, Inc. over the past 25 years, helping them to provide services to the community. Mr. Bremseth presented a plaque of appreciation to Mayor Polovitz.

APPROVE MINUTES JUNE 5 AND 19, AND
JULY 3, 1995

Typewritten copies of the minutes of the regular and adjourned meetings of the city council held on Monday, June 5, 1995, Monday, June 17, 1995 and Monday, July 3, 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 12 votes affirmative.

ADOPT ORDINANCE NO. 3532, ANNEXING PART
OF SECTION 31, TOWNSHIP 152 NORTH OF RANGE
50 WEST OF THE 5TH PRINCIPAL MERIDIAN TO THE
CITY OF GRAND FORKS

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 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.

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

HOLD PUBLIC HEARING, DEFEAT ORDINANCE TO
AMEND ZONING REGULATIONS TO INCLUDE DETOX
CENTER AS PERMITTED USE IN B-4 ZONING DISTRICTS
BY CONDITIONAL USE PERMIT; AND POSTPONE INDEFINITELY
REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A DETOX CENTER IN A B-4 DISTRICT

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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 18-0204, Rules and Definitions and Section 18-0217, B-4 (Central Business) District, subsection (3) Conditional Uses", which had been introduced and passed on its first reading on June 19, 1995, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

It was moved by Council Members Glassheim and Geller to divide the question. Carried 11 votes affirmative; Council Member Hamerlik voted no.

It was advised that the ordinance requires a favorable vote of 3/4th of the members of the council (11 votes) to adopt.

Mayor Polovitz called for the public hearing.

Bob Bushfield, City Planner, stated that there are two issues before the council and two separate reports from the Planning Commission: 1) amendment of text of City which permits detox center in B-4 zones by conditional use permit; 2) second issue is issuance of the conditional use permit to the Mission Board. It was noted that approval of the conditional use permit, if the zoning were approved, would take a simple majority.

Council Member Glassheim urged passage of the ordinance to allow for the zoning change, that presently no place or criteria in Code under which there could be a detox center, and any permit would have to go to Planning and Zoning and to City for approval.

Council Member Carpenter also urged support for zoning change, whether or not opposed to City operating a detox center, City should have place within community, whether private or non-profit.

Council Member Hagness stated that the City is taking on more and more social issues that City shouldn't be involved in, is County function, and urged defeat of issue completely.

After further comments and discussion by council, Mayor Polovitz closed the public hearing.

The Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks City Planning and Zoning Commission for final approval of an ordinance to amend the Land Development Code by adding detox center to the list of conditional uses allowed in the B-4 (Central Business) District, and recommended final approval and passage of the ordinance amending the Land Development Code.

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

It was moved by Council Member Geller and seconded by Council Member Sande that the ordinance be amended to provide definition of a detox center. Carried 12 votes affirmative.

Upon call for the question of adoption of the ordinance, as amended, and upon roll call, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Glassheim, Carpenter, Sande, Klave, Beyer, Geller - 9; voting "nay": Council Members Hamerlik, Babinchak, Hagness - 3. Mayor Polovitz declared the ordinance defeated.

The Planning and Zoning Commission reported having considered the matter of
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the request from the Grand Forks Mission and Service Center for approval of a conditional use permit to allow for the operation of a detox center in the B-4 (Central Business) District, and recommended approval of a conditional use permit (CUP) with conditions for property shown and described as Lots 8, 10 and 12, Block 34, Veits Addition to the city of Grand Forks, ND and as shown on the site plan as Grand Forks Mission.

It was moved by Council Member Glassheim and seconded by Council Member Hagness to receive the report. Carried 12 votes affirmative.

It was moved by Council Members Glassheim and Hagness to table the matter of the conditional use permit indefinitely. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3533, AMENDING ZONING
MAP TO INCLUDE WITHIN VILLAGE PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 2, BLOCKS A
AND B, VILLAGE RESUBDIVISION NO. 2

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1 and to include within Village PUD (Planned Unit Development), Concept Development Plan, Amendment no. 2, Blocks A and B, Village Resubdivision No. 2, Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 17, 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 Dan Mikkelson on behalf of Francis Mikkelson for final approval an ordinance to amend the Zoning Map to rezone from Village PUD (Planned Unit Development) Concept Development Plan, Amendment No. 1 and to include within Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, Blocks A and B, Village Resubdivision No. 2, Grand Forks, North Dakota, with substantive changes lying within Lot F, Block B, Replat of Village Resubdivision No. 2 (located north of University Avenue between North 42nd Street and I-29), 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 Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

ADOPT ORDINANCE NO. 3534, AMENDING ZONING
MAP TO INCLUDE WITHIN BFM PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 7, ALL BFM ADDITIONS
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An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the BFM PUD (Planned Unit Development), Concept Development Plan, Amendment No. 6 and to include within BFM PUD (Planned Unit Development), Concept Development Plan, Amendment no. 7, all BFM Additions, Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 17, 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 Dan Mikkelson on behalf of Francis Mikkelson for final approval of an ordinance to amend the Zoning Map to exclude from BFM PUD (Planned Unit Development) Concept Development Plan, Amendment No. 6, and to include within BFM PUD (Planned Unit Development), Concept Development Plan, Amendment no. 7, all BFM Additions, Grand Forks, North Dakota, with substantive changes lying within Lot C, Block L, Replat of BFM Addition (located north of 26th Avenue South between South 26th Street and BFM Drive), 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 Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

ADOPT ORDINANCE NO. 3535, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF PRAIRIE
VIEW ESTATES 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 Prairie View Estates First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 17, 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 Tim Crary on behalf of George McEnroe for final approval of a plat of Prairie View Estates First Addition to the city of Grand Forks, North
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Dakota (located northeast of the intersection of South 42nd Street and 11th Avenue South), 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 Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

ADOPT ORDINANCE NO. 3536, AMENDING ZONING
MAP TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT LOTS 13, 15, 17, 19, 21 AND 23, BLOCK 9,
VILLARDS ADDITION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the R-4 (Multiple Family Residence) High Density District and to include within the B-3 (General Business) District Lots 13, 15, 17, 19, 21 and 23, Block 9, Villards Addition to the townsite of the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 17, 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 Joseph J. Worman for final approval of an ordinance to amend the Zoning Map to exclude from the R-4 (Multiple Family Residence) High Density District and to include within the B-3 (General Business) District Lots 13, 15, 17, 19, 21 and 23, Block 9, Villards Addition to the Townsite of the city of Grand Forks, North Dakota (located in the southeast corner of 9th Avenue South and South 14th Street), and recommended final approval and passage of the ordinance amending the zoning map.

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

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

HOLD PUBLIC HEARING AND TABLE SECOND READING
OF ORDINANCE TO AMEND SIGN SECTION OF THE LAND
DEVELOPMENT CODE TO ALLOW FOR PLACEMENT OF
AUCTION SIGNS IN PUBLIC RIGHTS OF WAY TO AUGUST 21

An ordinance entitled "An ordinance amending the Land Development code of
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1987, Chapter XVIII, Article 3, Rules and Regulations; Section 18-0301, Signs, establishing regulations governing the placement of auction signs", which had been introduced and passed on its first reading on July 17, 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 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.

Council Member Hagness stated that Doug Merfeld, Curt Johnson Auction Company, had requested authorization to place auction sign in berm prior to sales, that sales bring people to town and causes very little disruption in traffic. He reported that an amendment to the sign ordinance has been proposed to include permit for sign on annual basis, that Planning and Zoning recommended denying request, that he would like to receive and file the Planning and Zoning Commission report, and amend ordinance to allow auction sale directional signs only.

Robert Bushfield, city planner, stated that the Planning and Zoning Commission voted against amendment to the sign ordinance to allow, and expressed concern in changing policy to allow in public right of way; that by allowing that class of signs which will set precedence and they will be dealing with same issue for other classes of signs. He stated that the policy in place has worked well, and asked council to consider defeating ordinance allowing these signs, and to allow police department certain amount of latitude to remove.

Doug Merfeld stated there has been selective enforcement of the ordinance, have had auction signs picked up which other signs not, and asked council to pass ordinance allowing signs because this is business plus to allow signs.

Bill Reed, mgr. of the Columbia Mall, stated that at the Planning and Zoning Commission a proposal was put forward that was so loosely worded that it would open door to any commercial entity to purchase permit to put signs on medians advertising businesses, events, etc. and questioned whether that was intent.

After further discussion Mayor Polovitz closed the public hearing.

The Planning and Zoning Commission reported having considered the matter of the request from city council referral for final approval of an ordinance to amend the sign section of the Land Development Code to allow for the placement of auction signs in the public rights of way, and recommended taking no action on the ordinance amending the sign code.

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

Council Member Hagness moved to amend the ordinance (sign code) pertaining only to directional signs by adding the following to Chapter XVIII, Article 3, Section 18-0301(2) (AA) Temporary Event Directional Signs allowing signs to be placed on public rights of way within the City of Grand Forks' zoning jurisdiction if: 1) signs are placed so as not to obstruct pedestrian and bicycle traffic, and intersection sight clearance; 2) signs are placed on public rights of way for no longer than twelve hours prior to the event and shall be moved upon completion of the event, but shall be limited to a maximum of forty-eight hours; 3) the sign is limited to a two face sign which does not exceed four sq.ft. of each face and shall be limited to a height of 30 feet
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above the normal sidewalk grade; 4) the sign is limited to identifying the type of event and a directional arrow. No advertising shall be allowed. The sign shall also identify the permit number; and 5) Property Owner Consent is obtained prior to placing the sign(s); 6) Article 11, Section 18-01103(7) to include a $50.00 per year fee for temporary event directional signage. Council Member Beyer seconded the motion.

Mr. Swanson, city attorney, stated that there were some minor changes that need to be made to the amendment to clarify language.

Upon call for the question on the amendment and upon roll call vote, the following voted "aye": Council Members Hoeppner, Hamerlik, Carpenter, Beyer, Hagness, Beach - 6; voting "nay": Council Members McCabe, Glassheim, Sande, Klave, Babinchak, Geller - 6. Mayor Polovitz voted to break tie vote, voted no, and declared the amendment defeated.

It was then moved by Council Members Carpenter and Hamerlik to table this matter until August 21, 1995. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3537, AMENDING LAND
DEVELOPMENT CODE, CHAPTER XVIII, ARTICLE 3, TO
ESTABLISH REGULATIONS AND APPEAL PROCESS FOR
ADVERTISING (OFF-PREMISE) SIGNS PERMITTED ON
DEVELOPED LOTS IN B-3 (SERVICE BUSINESS) DISTRICTS

An ordinance entitled "An ordinance amending the Land Development Code, Chapter XVIII; Article 3, Rules and Regulations; Section 18-0301, Signs, establishing regulations and an appeal process for advertising (off-premise) signs permitted on developed lots in the B-3 (Service Business) District", which had been introduced and passed on its first reading on July 17, 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 sign subcommittee to amend the sign section of the Land Development Code establishing regulations and an appeal process for advertising (off-premise) signs permitted on developed lots in the B-3 (Service Business) District, and recommended final approval and passage of the ordinance amending the text of the Land Development Code.

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

Council Member Beyer moved an amendment to the ordinance to delete the following under subsection (6)(E), "An exception to this provision may be made by the zoning administrator...", and to include "The zoning administrator may waive the removal of the sign if the following conditions have been met" and under subsection (6)(E)(6) add the words "..upon approval.." between may and waive. The motion was seconded by Council Member Babinchak. Carried 12 votes affirmative.

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

HOLD PUBLIC HEARING AND DENY REQUEST BY FORKS
FREIGHTLINER FOR ESTABLISHMENT OF TAX
INCREMENT DISTRICT TO ASSIST IN DEVELOPMENT
OF PROPERTY AT 4200 GATEWAY DRIVE

The city auditor reported that pursuant to Chapter 40-58, Section 40-58.20.1, the city council had called for a public hearing to be held on the request by Forks Freightliner, 4200 Gateway Drive, for real property tax exemption for up to 15 years, and that the notice of public hearing had been published as required.

Mayor Polovitz called for the public hearing.

The city auditor reported that letters opposing the granting of the tax exemption had been received from Hansen Ford and from Rydell Chevrolet GMC, Inc.; and two letters of support from customers who would be using this type of service. Dakota X-Press and Keith Brown Trucking.

Brad Croy, 415 North 25th Street, stated that Freightliner Corporation is a leading manufacturer of heavy duty trucks in the nation, for Grand Forks to have opportunity to have franchise to come in is tremendous asset for the city, will bring in lot of business for service, will employ 8 people immediately and up to 25 in the near future, it has cleaned up blighted area and be an asset to the city, and asked council to allow tax exemption to help them get started.

Council Member Carpenter encouraged council to defeat, this business will be involved in direct competition with existing businesses, project has started, and to grant would set precedence.

Doug Grinde, 960 Darwin Drive, also appeared in behalf of Forks Freightliner.

Mayor Polovitz closed the public hearing.

Howard Swanson, city attorney, advised that this request is, following the public hearing, to establish tax increment district, which would include area classified as commercial property, however, council must make determination that any agreement utilizing tax increment financing, and in this case tax exemption rather than bonds, will not result in unfair competition and that the agreement is in the best interest of the municipality as a whole.

It was moved by Council Member Carpenter and seconded by Council Member Beyer that this provides unfair competition within the community and is not in the best interest of the city of Grand Forks, and that we hereby deny the request for the property tax exemption. Carried 12 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO BACON ROAD FOLLOWING PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by the Park District to move a building from 110 Cherry Street to Bacon Road to be used as a storage 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 the application
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for moving permit by Park District to move building from 110 Cherry Street to Bacon Road to be used as a storage garage, and recommended to approve the application for moving permit, subject to the public hearing.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved, and further that the Park District be and is hereby authorized to move the building. Carried 12 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 2009 13TH AVENUE NORTH FOLLOWING
PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Brent Krenelka to move a building from 2103 North Washington Street to 2009 13th Avenue North to be used as a temporary storage/tool shed, 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 the application for moving permit by Brent Krenelka to move building from 2103 North Washington Street to 2009 13th Avenue North to be used as a temporary storage/tool shed, and recommended to approve the application, subject to approval of the site plan by the Planning Office prior to moving of the building, and subject to the public hearing.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved, and further that Mr. Krenelka be and is hereby authorized to move the building subject to meeting conditions established. Carried 12 votes affirmative.

HOLD PUBLIC HEARING ON APPLICATION FOR MOVING
PERMIT TO MOVE BUILDING FROM 1213 BELMONT ROAD TO
2203 CHESTNUT STREET, AND REFER BACK TO COMMITTEE

The city auditor reported that the notice of public hearing on the application by Don Wurzbacher to move building from 1213 Belmont Road to 2203 Chestnut Street to be used as a utility shed/garage had been published and posted as required. It was noted that the inspection department had issued a moving permit and building permit, and building had already been moved.

Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter.

Walt Orchard, 2202 Belmont Road, stated he lives across alley, and stated concern: appearance of the building, opposed to substandard building in neighborhood, and this affects value of his property. He also stated that in talking with Mr. Wurzbacher he stated building was to be moved to the lake.

Mayor Polovitz closed the public hearing.

Committee No. 3, Public Service, reported having considered the application for moving permit by Don Wurzbacher to move building from 1213 Belmont Road to 2202 Chestnut Street to be used as a utility shed/garage, and recommended to approve the application with the stipulation that the building be brought up to Code within 60 days, October 1, and subject to the public hearing.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved.
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After some discussion Council Member Hamerlik called for the question, motion failed.

After further discussion Council Members Hagness and Hamerlik asked that this matter be sent back to committee.

RECESS

Mayor Polovitz called for a five-minute recess at 9:10 p.m. The council reconvened at 9:15 p.m. with all members present.

REPORTS OF OFFICES

The city auditor's report on the City's investments for period ending July 31, 1995, was presented and read. It was moved by Council Member Geller and seconded by Council Member Beyer that this report be received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-13, dated August 7, 1995, and totaling $634,970.11, 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 Hagness 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE 1996 EMPLOYEE WAGE AGREEMENT

The Wage Negotiation Committee reported that negotiations for employee salary and benefit negotiations for 1996 had been conducted with the following agreement:

1) a $125,000 fixed, on-going increase in the city's annual pension contribution for General Fund employees which is approximately 1.45% of General Fund current payroll, with a like amount contributed for employees in other funds;
2) a one-time pension contribution of at least $250,000 from excess funds in the city's health insurance budget and in the worker's compensation insurance account;
3) serious study of the "cafeteria-style" benefit plan for all city employees, with plan implementation as soon as possible;
4) a plan to convert our group life insurance coverage to individual paid-up policies upon retirement, with a possible increase in the amount of city's paid coverage;
5) a 1% salary increase for all city employees, funded in part by employees' health insurance premium account excess, which is approximately .77%, the balance of .23% to come from on-going operating costs;
6) an amount not to exceed $75,000 for all funds for the first year cost of implementing the wage study, with any unneeded amount distributed to all city employees on a one-time basis, approximately .60% of current payroll; and
7) a commitment by the city to seriously consider the adoption of a collective bargaining ordinance.

It was moved by Council Member Carpenter and seconded by Council Member Beyer that this agreement be approved.

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Council Member Carpenter reported that the employees have ratified this agreement, that it falls within the Budget Framework Committee's preliminary numbers, and encouraged council to adopt the recommended agreement. He stated that there has been some question on item 5), whether that is interpreted to mean that the health insurance payback scheduled for January of 1996 would also take place in addition to the 1%, and that it is the understanding of the committee that the 1% is in effect on January 1 and that there will not also be the payback in January of 1996.

After further discussion and upon call for the question, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

RECEIVE AND FILE MATTER OF REVIEW OF
COUNCIL MEETING DATES

Committee No. 1, Finance, reported having considered the matter of review of ordinances re. regularly scheduled council meeting dates, and recommended to receive and file.

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

INTRODUCE ORDINANCE RELATING TO EMERGENCY
FUNDS

Committee No. 1, Finance, reported having considered the matter of emergency levy funds, and recommended to introduce an ordinance for first reading to allow City to exceed statutory limits.

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

Council Member Beyer introduced an ordinance entitled "An ordinance adopting Section 2-0105 of the Grand Forks City Code relating to emergency funds", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO ISSUANCE
OF REVENUE BONDS

Committee No. 1, Finance, reported having considered the matter of ordinance relating to issuance of revenue bonds, and recommended to introduce the ordinance for first reading.

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

Council Member Beyer introduced an ordinance entitled "An ordinance enacting Article 9 of Chapter II of the Grand Forks City Code relating to the issuance of revenue bonds to finance additions and improvements to municipal water and sewage utility; providing a reserve therefor; providing for a levy to restore deficiency in said reserve and providing for the issuance of temporary bonds", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO ISSUANCE
OF SALES TAX REVENUE BONDS

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Committee No. 1, Finance, reported having considered the matter of ordinance relating to the issuance of sales tax revenue bonds, and recommended to introduce ordinance for first reading.

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

Council Member Beyer introduced an ordinance entitled "An ordinance relating to the issuance of sales tax revenue bonds to refund outstanding airport revenue bonds of the City; providing for the appropriation of sales tax revenue to secure the bonds; and providing for a levy to restore deficiencies in such sales tax revenues", which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL OF APPLICATION
BY CONTE LUNA FOODS FOR FIVE-YEAR PROPERTY
TAX EXEMPTION ON BUILDING EXPANSION, AND
ESTABLISH PUBLIC HEARING

Committee No. 1, Finance, reported having considered the matter of application by Conte Luna Foods for five-year property tax exemption on building expansion at 1803 North 36th Street, and recommended to grant preliminary approval of the application for tax exemption on a graduated scale of 100, 80, 60, 40 and 20% for years 1 through 5 and to establish public hearing for Monday, August 21, 1995.

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

Council Member Carpenter reported that this entity has been back for the third time and feels application incomplete, that staff will obtain figures and finance committee will consider at their next meeting.

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

TABLE INDEFINITELY MATTER OF DETOX FACILITY
FINANCING

Committee No. 1, Finance, reported having considered the matter of financing of a detox facility: proposed financing for 1995 operating costs: United Hospital $20,000, *City $5,000, for a total of $25,000; Renovation Costs (option 2 - second floor Annex site), Bremer grant $21,000, *City/CDBG program $42,500, Grand Forks County $12,500, for a total of $76,000; proposed 1996 operating costs: United Hospital $20,000, Northeast Human Services $5,000, CDBG program $20,000, Human Needs $20,000, and *City $35,000, for a total of $100,000, and recommended to deny the proposed financing of a detox facility. (*Note: $100,000 budget allocation).

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

Council Member Glassheim reported that the problem re. homeless/intoxicated people has changed since they started working on it; that information from the police, Mission staff, business people and social service workers confirm that there has been a significant decline in the problem; that most of the homeless, intoxicated people can be protected without a detox center; that United Hospital continues its policy of caring for those in immediate medical need and the jail will continue to take conscious individuals who may be charged with any number of violations of various criminal statutes, that
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police officers will continue to use their trained discretion to make decisions in those cases. He stated that given that numbers are less than thought and that remaining people can be taken care of, looked at from point of view of other demands on resources of the city (esp. concern of federal cuts in the bus system, etc.) He stated that if problem, numbers or situation changes significantly in the future, this could be considered again; and moved to table indefinitely the funding plan for a detox center. The motion was seconded by Council Member Hagness. Carried 12 votes affirmative.

RECOMMEND IMPLEMENTATION OF ROLLERBLADE