Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, May 6, 1996

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, May 6, 1996 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; absent: Council Member Glassheim - 1.

PRESENT OUTSTANDING SERVICE AWARD FOR 1996
TO CITY OF GRAND FORKS

Council Member McCabe reported that he had attended and represented the City of Grand Forks at the North Dakota 1996 Tobacco-Free Awards Ceremony and News Conference in Bismarck on May 2 and that Governor Schafer had awarded the outstanding service award for 1996 to the City of Grand Forks for its efforts in protecting youth health by passing a local tobacco retailer licensing ordinance which promotes compliance with the law prohibiting tobacco sales to minors. He presented the award to Mayor Polovitz on behalf of the Governor of North Dakota. Mayor Polovitz accepted the award in behalf of the City of Grand Forks and in turn presented the award to the City Health Department. Don Shields accepted the award in behalf of the Health Department.

MAYOR'S ANNOUNCEMENT

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 matter.

APPROVE MINUTES APRIL 15, 1996

Typewritten copies of the minutes of the adjourned meeting of the city council held on April 15, 1996, were presented and read. It was moved by Council Member Hanson and seconded by Council Member Hoeppner that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3581, TO ANNEX ALL
OF MAIERS THIRD ADDITION TO THE CITY

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Maiers Third Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 15, 1996, 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, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3582, TO ANNEX A PORTION
OF PERKINS THIRD ADDITION AND AN UNPLATTED PORTION
OF THE NORTHEAST QUARTER OF SECTION 20, T151N,
R50 W OF THE 5TH PM TO THE CITY
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An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, a portion of Perkins Third Addition to the city of Grand Forks, North Dakota, and an unplatted portion of the Northeast Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on April 15, 1996, 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 vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3583, TO AMEND ZONING
MAP TO REZONE AND INCLUDE WITHIN DANKS' PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, ALL OF EAST HALF EAST HALF OF SECTION 7,
T151N, R50W OF THE 5TH P.M.

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the A-1 (Limited Develop- ment) District and from B-3 (General Business) District and to include within Danks' PUD (Planned Unit Development), Concept Development Plan, all of the East Half of the East Half of Section 7, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 15, 1996, 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 Jerry Pribula on behalf of Keith Danks, etal, for final approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) District and from the B-3 (General Business) District and to include within Danks PUD (Planned Unit Development), Concept Develop- ment Plan, all of the East Half of the East Half of Section 7, Township 151 North, Range 50 West of the 5th Principal Meridian (located between DeMers Avenue and 17th Avenue South and between South 42nd Street and Interstate 29), and recommended final approval subject to special conditions shown on, or attached to the review copy and final passage of the ordinance amending the zoning map.

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

Council Member Carpenter moved to delete special condition No. 5, which relates to negotiations with the property owners, and which would allow the entire plat to be approved, and to amend the ordinance to show the exclusion
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of the property from both the A-1 (Limited Development) District and from the B-3 (General Business) District rather than only the A-1 District. Council Member Beach seconded the motion.

Keith Danks, Jr. stated concern re. access to some of the lots and had some questions on the cul-de-sacs. Robert Bushfield, city planner, stated that Item No. 9 on the replat which is to provide the cross-over access agreements for Lots 3, 4, 5, 6, 7, with Lot 12, and this will be accomplished by the City providing a separate document for roadway and for an easement to those adjacent properties, and have latitude to work with that; however, if he is talking about access onto South 42nd Street from those lots that front on 42nd Street onto a minor arterial, then have some problems. Mr. Danks stated he was not; and Mr. Bushfield stated they would have latitude to work with Mr. Swanson and get agreement worked out.

Upon call for the question on the amendment and upon voice vote, the motion carried 13 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 13 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, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 3584, AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF DANKS' SECOND 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 Danks' Second Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 15, 1996, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The City Planning and Zoning Commission reported having considered the matter of the request from Jerry Pribula on behalf of Keith Danks and Jeff Hussey for final approval of the plat of Danks' Second Resubdivision, being a part of the East Half of the East Half of Section 7, Township 151 North, Range 50 West of the 5th Principal Meridian and all of Eastburn Subdivision, Grand Forks, North Dakota (located between DeMers Avenue and 17th Avenue South and between South 42nd Street and Interstate 29), and recommended final approval subject to the special conditions shown on or attached to the review copy and final passage of the ordinance amending the Street and Highway Plan.

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

Council Member Carpenter moved to delete special condition No. 16, which
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states that if negotiations for Lot 11 fail, that Lots 6, 7, 9, 10 and 11 will be removed from the plat of Danks' Second Resubdivision. The motion was seconded by Council Member Beach. Carried 13 votes affirmative.

Upon call for the question on the motion as amended, and upon voice vote, the motion carried 13 votes affirmative.

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

ADOPT ORDINANCE NO. 3585, TO AMEND ZONING
MAP TO INCLUDE WITHIN PERKINS' THIRD PUD,
CONCEPT DEVELOPMENT PLAN, ALL THAT PORTION
OF NE QUARTER, SECTION 20, T151N, R50W OF
5TH PM, LESS ALL OF PERKINS 1ST ADDITION
AND UNRECORDED PERKINS SECOND ADDITION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from a portion of Perkins 2nd PUD (Planned Unit Development), Concept Development Plan and from the A-1 (Limited Development) District and to include within Perkins Third PUD (Planned Unit Development), Concept Development Plan, all that portion of the Northeast Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota less all of Perkins 1st Addition and unrecorded Perkins Second Addition", which had been introduced and passed on its first reading on April 15, 1996, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The City Planning and Zoning Commission reported having considered the matter of the request from John Moosbrugger on behalf of Perkins Land Company for final approval of an ordinance to amend the Zoning Map to exclude from a portion of Perkins 2nd PUD (Planned Unit Development), Concept Development Plan and from the A-1 (Limited Development) District and to include within Perkins Third PUD (Planned Unit Development), Concept Development Plan, all that portion of the Northeast Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian less all of Perkins 1st Addition and unrecorded Perkins Second Addition (located between approximately 35th Avenue South and 40th Avenue South and between South Columbia Road and South 34th Street), and recommended final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance amending the zoning map.

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

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
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APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3586, TO AMEND STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF PERKINS THIRD ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Perkins Third Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The City Planning and Zoning Commission reported having considered the matter of the request from John Moosbrugger on behalf of Perkins Land Company for final approval of the plat of Perkins Third Addition to the city of Grand Forks, ND, being a portion of the Northeast Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian (located generally between South Columbia Road and South 31st Street and on each side of 36th Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance amending the Street and Highway Plan.

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

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

ADOPT ORDINANCE NO. 3587, RELATING TO PRESIDENT
AND VICE PRESIDENT OF COUNCIL AND RELATING TO
STANDING COMMITTEES

An ordinance entitled "An ordinance amending Grand Forks City Code Section 2-0103 relating to president and vice president of council and Section 2-0201 relating to standing committees", which had been introduced and passed on its first reading on April 15, 1996, was presented and read for consideration on second reading and final passage.

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

ADOPT ORDINANCE NO. 3588, RELATING TO ISSUANCE
OF REVENUE BONDS FOR CITY'S ECONOMIC DEVELOPMENT
PROGRAM

An ordinance entitled "An ordinance relating to the issuance of revenue bonds to finance acquisition, construction and renovation of buildings to be owned
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by the City in furtherance of the City's economic development program; providing for the appropriation of sales tax revenues to secure the bonds; providing a reserve therefor; and providing for a levy to restore deficiencies in said reserve", which had been introduced and passed on its first reading on April 29, 1996, was presented and read for consideration on second reading and final passage.

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

ADOPT RESOLUTION VACATING PORTION OF N/S
SIDEWALK AND UTILITY EASEMENT IN BLOCK 2,
BURDICK'S RESUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the easterly 4.7 feet of the 10-foot wide north/south sidewalk and utility easement lying easterly of and adjoining the west line of Lot 17, Block 2, Burdick's Resubdivision, the required legal notice had been published calling for a public hearing to be held this evening and further that no protests or grievances had been filed with his office.

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

It was moved by Council Member Hanson and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest on the petition for vacation. Carried 13 votes affirmative.

Council Member Hagness introduced the following resolution which was presented and read: Document No. 7025 - Resolution.

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

DETERMINE SUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 533, PROJECT NO. 4312, AND
CANCEL PROJECT

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 533, Project No. 4312, paving on 30th Avenue South from South 38th Street to South 42nd Street, had expired on May 3, 1996 and that he had received written protests totaling 61.68% of the assessment district.

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

Paul Eggebraaten, Bemidji, MN, stated that his protest was not to kill the project but to protest the boundaries of the district, project cost should be spread to a larger area.

Duane Hafner, 3002 Royal Drive, representing Nodak Electric, stated they want the project built but are concerned about the amount of property being assessed for this project.

The city auditor stated that neither of these gentlemen are protesting the
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project, but the district which was set prior to this by the council and only includes the five properties, therefore, in order to respread assessments to a larger area, the project would have to be protested out and the project started over because would have to reestablish the district.

Howard Swanson, city attorney, stated that the only matter before the council is protesting of the actual project, and it is his recommendation that they treat the protest by Mr. Eggebraaten and the protest from Nodak as a protest against the project even though they have indicated they do not wish to protest the project, that they are seeking to protest the formulation of the district. He stated that the district was formed some time ago, that period has long passed, so they have two options: they can protest the project this evening, which will stop the project, or they can protest the manner in which the assessments are calculated next fall; they do not have the opportunity at this time or in the fall to protest the number of lots or area included within the district.

Mr. Hafner stated they do not wish to formally protest the project, and withdrew the protest on behalf of Nodak Rural Electric. Mr. Schmisek stated for clarification that his office had not received a written protest from Nodak within the protest period and their protest was not included within the 61.68% protest received.

Mr. Swanson advised that the protests came from Mr. Eggebraaten (Lot 1, Block 1, Amundson's Second Resubdivision) and from Mr. Haugen (Lot 2, Block 1, Amundson's Second Resubdivision) and they comprise more than 50% of the project, they have indicated orally and in writing that they do not wish to cancel the project but wish to protest the assessment; however, the only issue for protest this evening is the project.

Mr. Eggebraaten questioned if the street were reclassified whether there would be any state or federal funds available for the project. Mr. Vein, city engineer, stated that this street would be eligible under the Urban Road Section through the state, but there are no funds available, those funds have been allocated for the next six years.

Mr. Eggebraaten stated that rather than kill the project, he would withdraw his protest. Mr. Schmisek stated that the protest would then total 21.96% of the project area.

It was moved by Council Member Hagness and seconded by Council Member Geller that we do hereby find and determine an insufficiency of protest against Paving District No. 533, Project No. 4312.

After further discussion Mr. Eggebraaten stated he did not wish to withdraw his protest, and Council Members Hagness and Geller withdrew their motion.

It was then moved by Council Member Geller and seconded by Council Member Babinchak that we do hereby find and determine a sufficiency of protest against Paving District No. 533, Project No. 4312. Carried 13 votes affirmative.

Jim Lynch, rep. Rydell Chevrolet, stated they have some interest in the property being discussed, and it was their position that this is going to be a main arena for traffic and circulation around the city; that they believe the assessments that will be entailed in this property development encompasses a much wider range of use than this particular district, and if the district cannot be expanded, encouraged Mr. Eggebraaten to support his original position.

REJECT BIDS FOR PAVING PROJECT NO. 4312
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The city auditor reported that there was a recommendation from Committee No. 3, Public Service, to award the bids for Project No. 4312, District No. 533, paving 30th Avenue south from South 38th Street to South 42nd Street, to Opp Construction in the amount of $232,187.00. The recommendation was moved by Council Members Beyer and Klave.

It was then moved by Council Members Beyer and Klave to amend their original motion to reject all the bids received. Carried 13 votes affirmative.

Upon call for the question, as amended, and upon voice vote, the motion carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 539, PROJECT NO. 4410

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 539, Project No. 4410, construction of pavement on South 34th Street from 24th Avenue South to 30th Avenue South, and on 24th Avenue South from South 30th Street to South 34th Street, had expired on May 3, 1996, and that he had received no written protests.

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

Council Member Geller introduced the following resolution as to protests which was presented and read: Document No. 7026 - Resolution.

It was moved by Council Member Geller and seconded by Council Member Hoeppner that we do hereby find and determine an insufficiency of protest against Paving District No. 539, Project No. 4410, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, PAVING PROJECT NO.
4410, DISTRICT NO. 539

The city auditor presented and read tabulation of bids which had been received and opened on Monday, April 22, 1996 for Paving Project No. 4410, District No. 539, paving on South 34th Street from 24th Avenue South to 30th Avenue South, and on 24th Avenue South from South 30th Street to South 34th Street, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $559,491.22: Document No. 7027 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4410, District No. 539, in the amount of $711,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4410, District No. 539, paving South 34th Street and 24th Avenue South, and recommended that we accept the bid of Valley Contracting Company in the amount of $559,491.22, and further that sidewalks included in the project will be assessed over the entire district with the exception of those properties where sidewalks installed at front of the property.

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 7028 - Resolution.

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It was moved by Council Member Beyer and seconded by Council Member Klave that this resolution awarding the contract for Paving Project No. 4410, District No. 539, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye" Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

ESTABLISH POLLING HOURS FOR JUNE 11 ELECTION

It was moved by Council Member Hoeppner and seconded by Council Member Hamerlik to establish polling hours for the city of Grand Forks for the joint biennial city/primary election to be held on June 11, 1996 as 7:00 a.m. to 8:00 p.m. Carried 13 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Beyer and seconded by Council Member Hoeppner that the consent agenda items be referred to committee as noted for consideration. Carried 13 votes affirmative.

Finance Committee:
1) matter of mayor's salary.
2) matter of surplus property.

REPORTS OF OFFICERS

The city auditor's statement of investment activity for period ending April 30, 1996, was presented and read. It was moved by Council Member Sande and seconded by Council Member Klave that this report be and is hereby received and filed. Carried 13 votes affirmative.

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from Bev Collings, secretary, Board of Zoning Adjustments, was presented and read stating that the Board had held a public hearing in City Hall on April 25, 1996, that notice had been published as required and that the following appeals were heard:
1) Raymond Steffen, 1903 Willow Drive, request for variance to the side yard setback requirements for an accessory building to erect an addition to the dwelling, with variance granted allowing a side yard setback of two feet six inches on the existing detached garage in order to construct an addition to the house;
2) Gaines Baukol, 1850 Riverside Drive, request for variance to the side yard requirements to erect an attached garage, with variance granted allowing the total side yard requirements to be eight feet to construct an attached garage;
3) SA Architects on behalf of Duane Hovet, 406 Level Plains Court, request for variance to the rear yard setback requirements to erect an addition to the dwelling, with variance granted allowing the rear yard setback to be fifteen feet, to construct an addition to the house;
4) Allan Burger on behalf of General Tobacco and Candy Company, 101 North 8th Street, request for variance to the side yard setback requirements to erect an addition to the warehouse, with variance granted allowing a side yard setback of four feet to construct an addition, with the stipulation that any fire protection ratings required by the Uniform Building Code be met;
5) Charles Klinkhammer on behalf of Midwest Motels, LLC, 401 Gateway Drive, request for variance to front yard setback requirements to erect an addition to the motel, appeal was held;
6) Brian Parr, 1321 South Washington Street, request for variance to side yard setback requirements to erect an addition to the building, with variance
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granted to allow a side yard set back of five feet;
7) Dennis Coulter, 2003 Gateway Drive, request for variance to the side yard requirements to erect an addition to the building, with variance granted to allow a side yard setback of ten feet.

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

APPROVE BILLS

Vendor Payment Listing No. 96-07, dated May 6, 1996, and totaling $633,920.05, 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, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

REFER REQUEST FOR TAX INCENTIVE BY LUCO
PROPERTIES, 1710 NORTH WASHINGTON STREET,
TO PLANNING AND ZONING COMMISSION AND
CALL FOR PUBLIC HEARING ON TAX EXEMPTION

Committee No. 1, Finance, reported having considered the request for tax incentive by LUCO Properties, 1710 North Washington Street, and recommended to refer to Planning and Zoning for determination of slum and blight and amendment of the urban renewal district, and calling for a public hearing on the consideration of tax exemption for LUCO Properties.

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

REFER REQUEST FOR TAX INCREMENT FINANCING
BY EAPC TO PLANNING AND ZONING COMMISSION
AND CALL FOR PUBLIC HEARING ON TAX EXEMPTION
FOR PROJECT

Committee No. 1, Finance, reported having considered the matter of request for tax increment financing by EAPC for commercial/office park project (DeMers English Coulee Center II), and recommended to refer to Planning and Zoning for determination of slum or blight in addition to the plan and call for public hearing on a tax exemption for EAPC for commercial/office park project.

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 Carpenter voted against the recommendation.

AUTHORIZE TRANSFER OF FUNDS TO CENTRAL
BUSINESS DISTRICT AUTHORITY

Committee No. 1, Finance, reported having considered the request by Central Business District Authority for transfer of funds to purchase properties at Division and South 4th Street, and recommended to authorize transfer of $200,000 to the Central Business District Authority.

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

REJECT OFFER FOR PURCHASE OF LOTS IN
AUDITOR'S SUBDIVISION NO. 27

Committee No. 1, Finance, reported having considered the offer to purchase City-owned lots in Auditor's Subdivision No. 27 by Community Contractors, Craig Tweten, and recommended to reject the bids for purchase of Lots 5 and 6.

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

ADOPT POLICY ON DRAW-DOWN OF SICK LEAVE
AFTER WORKER'S COMPENSATION; AND INTRODUCE
ORDINANCE AMENDING SICK LEAVE PAYBACK TO
EMPLOYEES TERMINATED AS RESULT OF ON-THE-JOB
INJURY

Committee No. 1, Finance, reported having considered the matter of policy on draw-down of sick leave after worker's compensation, and recommended to adopt the policy as presented: Document No. 7029 - Policy.

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

Committee No. 1, Finance, reported having considered the matter of sick leave payback to employees who terminate employment as result of on the job injury, and recommended to amend the Civil Service Code to allow employees who resign due to an inability to perform the essential functions of their position because of an on-the-job injury to receive 100% payback of their accrued sick leave, and 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 13 votes affirmative.

Council Member Hanson introduced an ordinance entitled "An ordinance amending Section 6-0410 of the Grand Forks City Code relating to pay upon termination of employment", which was presented, read and passed on its first reading.

ADOPT DRIVING REVIEW BOARD POLICY

Committee No. 1, Finance, reported having considered the matter of driving review board, and recommended to adopt the driving review board policy with revision that the local representative of the North Dakota Insurance Reserve Fund be a non-voting member of the board; and

Committee No. 3, Public Service, reported having considered the matter of driving review board, and recommended to approve the driving review board policy with changes as follows: no less than 5 days notice to the employee of the hearing, and that any board member of employee of the board member's department whose actions are being considered will not be eligible to participate in the decisions pertaining to his/her case.

It was moved by Council Member Babinchak and seconded by Council Member
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May 6, 1996

Carpenter that these recommendations be and are hereby approved, and the policy approved as presented: Document No. 7030 - Policy. Carried 13 votes affirmative.

ADOPT CITY'S VEHICLE POLICY

Committee No. 1, Finance, and Committee No. 3, Public Service, reported having considered the matter of City's vehicle policy, and recommended to adopt the policy as presented: Document No. 7031 - Policy.

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

APPROVE BUDGET AMENDMENTS

A request for amendment of the Emergency Management budget in the amount of $5,000, for remote weather stations, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this request be and is hereby approved. Carried 13 votes affirmative.

A request for amendment to the Human Resources budget in the amount of $4,500 for office equipment, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this request be and is hereby approved. Carried 13 votes affirmative.

APPROVE REQUEST TO BLOCK STREETS FOR
CITY MISSION FESTIVAL ON AUGUST 25

Committee No. 2, Public Safety, reported having considered the request from Grand Forks Mission to block Belmont Road from South 5th Street to 3rd Avenue South for City Mission Festival on Sunday, August 25, and recommended to approve the request as presented.

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

APPROVE REQUEST FROM SERTOMA CLUB TO PLACE
TEMPORARY FLAGPOLE ON RIVERBANK FOR JULY 4
CELEBRATION

Committee No. 2, Public Safety, reported having considered the request from Sertoma Club to place temporary flagpole on riverbank south of RR bridge for July 4 celebration, and recommended to approve the request.

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

AUTHORIZE HANDICAPPED PARKING SPACE AT 630
NORTH 7TH STREET

Committee No. 2, Public Safety, reported having considered the request for handicapped parking space at 630 North 7th Street, and recommended to grant the handicapped parking space as requested.

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

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May 6, 1996

AUTHORIZE HEALTH DEPARTMENT TO NEGOTIATE
CONTRACT FOR MOWING WEEDS/LONG GRASS WITH
PRIVATE VENDORS

Committee No. 2, Public Safety, reported having considered the matter of bid received for mowing weeds/long grass on private property by Health Department, and recommended to reject the bid received as it did not meet specifications, and authorize health department to negotiate contract with private vendors.

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

APPROVE CHANGE ORDER FOR CENTRAL FIRE
STATION DORMITORY REMODELING PROJECT