Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, June 17, 1996

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, June 17, 1996 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Hoeppner, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 10; absent: Council Members Beach, McCabe, Hanson - 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 matter.

APPROVE MINUTES MAY 6 AND 20, 1996

Typewritten copies of the minutes of the regular and adjourned meetings of the city council held on May 6 and May 20, 1996 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 10 votes affirmative.

Howard Swanson, city attorney, advised mayor and council that under the City Code following the election of a new council and mayor, action cannot be taken on items on the agenda relating to second reading of ordinances until the second regularly scheduled meeting after the election and this being the first scheduled meeting, his recommendation is to call the public hearing and receive any comments, and then move to continue the public hearing to July 1, 1996, at which time the council could take action on those items.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC RIGHTS OF WAY SHOWN AS
DEDICATED ON THE PLAT OF SHADYRIDGE ESTATES
THIRD ADDITION TO JULY 1, 1996

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Shadyridge Estates Third Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 6, 1996, 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. There were none.

It was moved by Council Member Beyer and seconded by Council Member Geller to continue the public hearing and second reading of the ordinance to July 1, 1996. Carried 10 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING OF
ORDINANCE TO AMEND ZONING MAP TO INCLUDE WITHIN
SHADYRIDGE ESTATES PUD, CONCEPT DEVELOPMENT PLAN,
ALL OF SHADYRIDGE ESTATES FIRST, SECOND, THIRD,
FOURTH AND FIFTH ADDITIONS, INCL. UNPLATTED
PROPERTY, TO JULY 1, 1996

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June 17, 1996

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 (Agricultural Reserve) District and to include within Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, all that portion of Section 26, Township 151 North of Range 50 West of the 5th Principal Meridian, more specifically described as follows: 1) All of that portion of the Southwest Quarter of the Southeast Quarter of said Section 26, excluding that portion lying easterly of the Coulee; 2) all of the portion of Government Lots 3, 4 and 5 of said Section 26 not previously platted and excluding that portion deeded to the Sisters of St. Francis of the Immaculate Heart of Mary; 3) all of Shadyridge Estates First, Second, Third, Fourth and Fifth Additions to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 6, 1996, 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. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hoeppner to continue the public hearing and second reading of the ordinance to July 1, 1996. Carried 10 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC RIGHTS OF WAY SHOWN AS
DEDICATED ON THE PLAT OF ENGLISH COULEE CENTER
SECOND ADDITION TO JULY 1, 1996

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 English Coulee Center Second Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 6, 1996, 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. There were none.

It was moved by Council Member Sande and seconded by Council Member Klave to continue the public hearing and seconded reading of the ordinance to July 1, 1996. Carried 10 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN B-3 (GENERAL BUSINESS) DISTRICT ALL OF
ENGLISH COULEE CENTER SECOND ADDITION TO
JULY 1, 1996

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 Development) District and to include within the B-3 (General Business)
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June 17, 1996

District all of English Coulee Center Second Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 6, 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 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.

It was moved by Council Member Hoeppner and seconded by Council Member Babinchak to continue the public hearing and second reading of the ordinance to July 1, 1996. Carried 10 votes affirmative.

CONTINUE PUBLIC HEARING ON ANNEXATION
OF ALL OF SHADYRIDGE ESTATES FIRST, SECOND
AND THIRD ADDITIONS, SHADYRIDGE ESTATES FOURTH
AND FIFTH RESUBDIVISIONS, AND AN UNPLATTED
PORTION OF SECTIONS 26 AND 27, TO AUGUST 5, 1996

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing a resolution of annexation passed on May 6, 1996, annexation all of Shadyridge Estates First Addition, all of Shadyridge Estates Second Addition, all of Shadyridge Estates Third Addition, all of Shadyridge Estates Fourth Resubdivision, all of Shadyridge Estates Fifth Resubdivision, an unplatted portion of Section 26, T151N, R50W of the 5th PM, and an unplatted portion of Section 27, T151N, R50W of the 5th PM, and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on May 14 and 21, 1996, and reported that written protest had been received from the following property owners in Shadyridge Estates First Addition: Dr. H. David Wilson, #10 Shadyridge Estates; Lot No. 4, John W. Hill; Lot #10, Jeannette C. Wilson; Lot #13, Abdelhamid M. and Salowah M. Ahmed; Lots #5, 14 and 15. LaVonne Adams; Lot #6, Clifford D. Romuld; Lot #7 Jon Raymond; and Lot #8, Steven H. Bollinger. A letter of protest was also received from Grand Forks-Traill Water Users, Inc.

Mr. Swanson, city attorney, advised council that this body had previously considered a resolution of annexation of property within the Shadyridge Estates Additions, notice of the resolution and a public hearing was published in the Grand Forks Herald as required by law; however, the City did not provide the required mailed notice to the individual property owners; consequently, it is his recommendation that the council hear the public hearing this evening but take no action and moved to continue the public hearing to August 5, 1996 and in the interim the proper notice would be given.
Mayor Polovitz called for the public hearing and asked for comments from the audience.

Larry McLain, 2203 South 38th Street, stated that he would like to see change in technical changes, No. 20 re. plat approval; that in order to build would have to start within next two weeks to get fall sales in, otherwise have to sit on property until spring before get sales in; would like to get building permits so can proceed with project.

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June 17, 19961

COUNCIL MEMBER HAMERLIK REPORTED PRESENT

Mr. Swanson advised that the technical changes Mr. McLain is referring to are with respect to either the plat or the zoning and not to the annexation. Mr. Bushfield, city planner, agreed that the technical changes deals with the final plat of the Shadyridge 3rd Addition and technical change No. 20 is plat approval as subject to the annexation, and his recommendation would be that on July 1 could remove that; and would be willing to work with Mr. McLain and if it necessitates the removal of that technical change on council agenda item re. final plat and second reading of ordinance to amend Street and Highway Plan to include public rights of way shown as dedicated on the plat of Shadyridge Estates Third Addition, they would be willing to support that because it will be another month before they get to the annexation issue.

Mr. Swanson advised that Mr. McLain's comments are with regard to the plat and the zoning which this body cannot act upon this evening, that on July 1 those comments would be in order and council could take action at that time. He stated that with respect to the item re. resolution of annexation, this body will not take any further action, and because the defect is in the notice requirements no action can be taken until proper notice is given and that cannot occur until August 5 at the earliest.

Scott Stradlie, resident of Grand Forks Township, expressed concern re. annexation and to protest certain facets of the annexation. He stated that at the May 7 meeting he was ill but that a neighbor attended a Planning and Zoning Commission meeting where a map was issued that was different than that published in the Herald announcing the annexation proceedings (the difference was that a strip running along Adams Drive to the township road was not included in the map presented at the May 7 Planning meeting but was included in the published map. He stated that he didn't take any action at that time, but would have expressed his concern about that annexation in particular over to the township road had he known about the actual map which was published. He stated that his second concern is that the City is annexing a large chunk of Grand Forks Township where he is a taxpayer and also serves on the Township Board, taking revenue away from the Township (annexing right up to the Town- ship road) which is shown on the map as a County road (paved road that runs over to the Burke Addition is not County road but Township road), built and maintained by Township taxpayers, and introducing more traffic to that road; taking revenue away and adding cost to the Township. He stated that other concerns are: that annexation is bad idea because there is a well developed shelter belt adjacent to a large wetlands with quite a bit of development around it already and feels that the destruction of that shelter belt would introduce more soil erosion, more chemical pollution to the area; that the annexation seems to cut a working farmer off from his farm and that seems to violate common sense with farm machinery crossing Adams Drive to obtain access to their own fields; that Adams Drive coming close to the Adams' home, that road poorly placed. He stated that he did submit a letter to the mayor but did not perceive himself to be a person living within the Shadyridge property so did not submit the letter to the auditor as the public notice required; and that as a Township resident and a member of the Board of Supervisors, feels that in the future they need to work more actively with the City re. growth and development because of the financial problems it creates for them. He stated that the City is also annexing property in the township related to the events center so it's double concern.

John Hill, 1720 Belmont Road, stated he owns property in Shadyridge Estates First Addition, and that the First Addition was artificially made contiguous to the city by having 140 ft. of property annexed along the road. He also questioned whether additional protests could be filed and Mr. Swanson stated that the notice would be republished, the time period for protest extended.

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June 17, 1996

It was moved by Council Member Beyer and seconded by Council Member Babinchak to continue the public hearing to August 5, to direct the auditor's office to republish and properly serve notice to the property owners, and to extend the protest period. Carried 11 votes affirmative.

ADOPT RESOLUTION TO VACATE PORTION OF FORMER
DEMERS AVENUE AND HIGHWAY AS SHOWN TO BE VACATED
ON PLAT OF ENGLISH COULEE CENTER SECOND ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of former DeMers Avenue and Highway as shown to be vacated on the plat of English Coulee Center Second Addition to the city of Grand Forks, North Dakota (located north of DeMers Avenue and South 30th Street extended), 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 Geller and seconded by Council Member Hagness that we do hereby find and determine an insufficiency of protest on the petition for vacation. Carried 11 votes affirmative.

Council Member Geller introduced the following resolution which was presented and read: Document No. 7086 - Resolution.

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

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of May 31, 1996, was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Hamerlik that this report be and is hereby received and filed. Carried 11 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 96-10 dated June 17, 1996, and totaling $1,072,311.79, 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 Sande and seconded by Council Member Glassheim 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 Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

ADOPT RESOLUTION RELATING TO FINANCING OF
CERTAIN PUBLIC IMPROVEMENTS ON PROJECT FOR
CIRRUS DESIGN, AND CALLING FOR A PUBLIC HEARING
ON JULY 15, 1996

Committee No. 1, Finance, reported having considered the matter of pre- liminary resolution on bonds for Cirrus Design Corporation, and recommended that we adopt the resolution relating to financing of certain public improve- ments by the City of Grand Forks, and calling for a public hearing on the proposed issuance of economic development facilities reserve bonds to finance the acquisition and construction of a manufacturing facility and other
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June 17, 1996

improvements in the City's Industrial Park.

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

Council Member Carpenter introduced the following resolution which was presented and read: Document No. 7087 - Resolution.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT APPLICATION FOR 5-YEAR TAX EXEMPTION
FOR CIRRUS DESIGN CORPORATION, AND SET
PUBLIC HEARING FOR JULY 15, 1996

Committee No. 1, Finance, reported having considered the matter of tax exemption for Cirrus Design Corporation, and recommended to hold public hearing on the application for property tax exemption by Dakota Aircraft for July 15, 1996.

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

DENY REQUEST FROM TIM LAMB FOR TAX INCREMENT
FINANCING FOR PROJECT AT 1624 DYKE AVENUE

Committee No. 1, Finance, reported having considered the request by Tim Lamb for tax increment financing for project involving the improvement of property at 1624 Dyke Avenue, and recommended to deny the request.

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

APPROVE APPLICATION FOR 3-YEAR REMODELING
EXEMPTION AT 2420 9TH AVENUE NORTH

Committee No. 1, Finance, reported having considered the matter of application for 3-year remodeling exemption for property at 2420 9th Avenue North, Gordon L. and Waltrault G. Iseminger, and recommended to approve the application.

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

ADOPT RESOLUTION RE. RECORDING OF PLAT
OF AIRPORT 5TH RESUBDIVISION

Committee No. 1, Finance, reported having considered the matter of recording plat of Airport 5th Resubdivision to the city of Grand Forks, North Dakota, and recommended to adopt the resolution re Airport 5th Resubdivision.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.
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June 17, 1996

Council Member Carpenter introduced the following resolution which was presented and read: Document On. 7088 - Resolution.

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

APPROVE BUDGET AMENDMENTS

A request for budget amendment to transfer $1,867.00 within finance department budget from cash carry-over to office equipment to remodel office was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this budget amendment be and is hereby approved. Carried 11 votes affirmative.

Committee No. 1, Finance, reported having considered the matter of request for health insurance coverage fund transfer for director of Grand Forks Substance Abuse and Traffic Safety Council, recommended to transfer $1,734.00 from Miscellaneous Contingencies to Special Grants Fund to cover health, life and workers' comp. insurance costs for 1996 for Grand Forks Substance Abuse and Traffic Safety Council director.

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

GRANT 15-YEAR TAX EXEMPTION FOR LUCO
PROPERTIES AT 1710 NORTH WASHINGTON STREET

Committee No. 1, Finance, reported having considered the matter of request from LUCO Properties for tax increment financing/tax exemption on proposed project for relocation and renovation of business facility at 1710 North Washington Street, and recommended to grant the 15-year exemption.

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

After some discussion and upon roll call the following voted "aye": Council Members Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

DIRECT CITY ATTORNEY TO INCLUDE CERTAIN
PROVISIONS IN NEGOTIATION OF CABLE TV
FRANCHISE

Committee No. 1, Finance, reported having considered the matter of cable TV franchise negotiations, and recommended to authorize negotiation of franchise agreement to include the following provisions: that the City not require mandatory system improvements; that channel 3 be designated as an education and governmental channel; and that the term of the franchise agreement not exceed eight years.

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

Council Member Hagness questioned whether there will be an increase in the franchise fee. Mr. Swanson reported that franchise fee has not been item of discussion, but agreement will include 5% franchise fee, and that council will have full franchise agreement back before it at a future date.

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June 17, 1996

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

ENDORSE TRUCK RODEO

Committee No. 3, Public Service, reported having considered the matter of truck rodeo and recommended to endorse truck rodeo providing it's held during non-work hours and no compensatory time given as a prize; and Committee No. 1, Finance, reported having considered the matter and recommended to acknowledge the truck rodeo as training program for the public works department and to approve the awards as submitted in the report.

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

It was noted that these are donated cash awards. Carried 11 votes affirmative.

APPROVE LEASING OF THIRD FLOOR OF CITY HALL
TO CHILDREN'S SCIENCE & TECHNOLOGY EDUCATION
FOUNDATIONS, INC.

Committee No. 1, Finance, reported having considered the matter of leasing of third floor of City Hall to "Brainy Bunch", and recommended that we authorize City to enter into lease with The Children's Science & Technology Education Foundations, Inc. for use of third floor office space in City Hall, and direct city attorney to draft the lease.

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

The council questioned why City providing funding/space to this organization, and not the School District, and also funding and space for Youth Commission.

Vera Uyehara, executive director of the Foundation, stated that the School Board was not approached, that activities are of broad range, that youth public commodity, and that purpose of the request is to allow on temporary basis for storage and office space. She stated they would continue classes at the Park District; and that they hoped City would help with in-kind match for grant (rent) and part of the agreement is that they continue to look for other space. There was also some discussion re. cost of making space useable, whether making permanent improvements, and whether meets Code re. occupancy. There was some discussion re. parking which is not available in City lots, etc.

Harmon Abrahamson, 3502 Belmont Road, stated he is involved with the Brainy Bunch and one of his tasks is to put together budget for the $9 million 5-year project they are proposing to the Department of Education, and wanted to note that the Grand Forks Public Schools is making a matching contribution of $2.5 million to this project, and are asking as City's contribution total, in- cluding value of space, close to $300,000 over the 5-year project.

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

APPROVE REQUEST FOR HANDICAPPED PARKING
SPACE AT 613 NORTH 5TH STREET

Committee No. 2, Public Safety, reported having considered the matter of request for handicapped parking space at 613 North 5th Street, and recommended approval of the request.

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June 17, 1996

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

GRANT VARIANCE TO NOISE ORDINANCE FOR PROJECT
AT KENNEDY BRIDGE

Committee No. 2, Public Safety, reported having considered the request from Brighton Paint Co. for variance to the noise ordinance for construction project at Kennedy Bridge, and recommended to grant the variance.

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

APPROVE REQUEST FROM CENTRAL HIGH SCHOOL
TO HOLD ROAD RACE AUGUST 3

Committee No. 2, Public Safety, reported having considered the request from Grand Forks Central High School to hold road races on August 3, 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 11 votes affirmative.

APPROVE REQUEST FROM ABATE OF NORTH DAKOTA
TO HOLD 9TH ANNUAL TOY RUN ON JULY 6

Committee No. 2, Public Safety, reported having considered the request from ABATE of North Dakota, District 4 (American Bikers Aiming Toward Education), to hold 9th annual toy run on July 6, 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 11 votes affirmative.

APPROVE REQUEST FROM CENTRAL BUSINESS DISTRICT
ASSN. TO HOLD SEVERAL EVENTS IN DOWNTOWN AREA

Committee No. 2, Public Safety, reported having considered the request from Central Business District Assn. to hold various events: street dance during Prairie Rose Games on July 13, and fifth annual Forx Fest activities on July 27, and recommended approval of the requests (as outlined in communication).

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

DECLARE CERTAIN PROPERTY AS SURPLUS
AND AUTHORIZE SALE

Committee No. 2, Public Safety, reported having considered the matter of bicycle pound building as surplus property and recommended to move building to City property at Mill Road and North 6th Street, that if there is a problem with moving the building to declare as surplus and offer for sale.

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

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June 17, 1996

Committee No. 2, Public Safety, reported having considered the matter of surplus property at fire department: 1945 Seagrave aerial ladder truck and 1966 pumper truck, and recommended to declare this property as surplus and to offer for sale.

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

APPROVE GRANT AGREEMENT FOR HEALTH DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of grant agreement with State Health Department for Tuberculosis Control, and recommended approval of the grant agreement in the amount of $4,000.

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

APPROVE APPLICATIONS FOR GAMING SITE AND CARNIVAL
PERMIT FOR GREATER GRAND FORKS FAIR/EXHIBITION ASSN.

Committee No. 2, Public Safety, reported having considered the request from Greater Grand Forks Fair/Exhibition Assn. for gaming permit (site authorization for year ending June 30, 1997) and carnival permit for July 19-23, 1996, and recommended approval of the applications.

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

APPROVE REQUEST FROM PARK DISTRICT FOR WAIVER
OF LICENSE REQUIREMENTS FOR TRANSIENT MERCHANTS
DURING SUMMERTHING EVENTS

Committee No. 2, Public Safety, reported having considered the request from the Park District for waiver of license requirements for transient merchants during Summerthing events held in University Park June 22 and 23, and July 20 and 21, 1996, and recommended approval of the request.

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

APPROVE BUDGET AMENDMENT

A request for budget amendment for fire department budget in the amount of $9,000 from cash carryover to purchase tractor with backhoe from water maintenance department for snow removal purposes, was presented and read. It was moved by Council Member Johnson and seconded by Council Member Sande that this amendment be and is hereby approved. Carried 11 votes affirmative.

APPROVE REQUEST FROM GRAND FORKS JAYCEES
FOR PARADE PERMIT FOR POTATO BOWL

Committee No. 2, Public Safety, reported having considered the request from Grand Forks Jaycees for parade permit on September 14 for Potato Bowl and military flyover, and recommended approval of the request.

It was moved by Council Member Johnson and seconded by Council Member Sande that this recommendation be and is hereby approved.
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June 17, 1996

Council Member Glassheim reported that there was some discussion re. parade route at a meeting of River Forks Commission as route no longer goes to East Grand Forks, and whether this could be changed. Bob Gustafson, Chamber of Commerce, stated he is not representing Jaycees but involved in decision when route changed, that they wanted to conclude parade at football field and starting from East Grand Forks too far.

Upon call for the question and upon voice vote, the motion carried 10 votes affirmative, Council Member Glassheim voting against the motion.

APPROVE VARIANCE TO DRIVEWAY WIDTH AT 316
GATEWAY DRIVE

Committee No. 3, Public Service, reported having considered the request from Simonson Station Store for variance to maximum allowable driveway width at 316 Gateway Drive, and recommended approval of a variance to 45 ft.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4333, 1995-96 FORCEMAIN REHAB.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4333, 1995-96 forcemain rehab., and recommended to approve plans and specifications and to authorize call for bids.

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

AUTHORIZE TO PROCEED WITH OBTAINING EASEMENT
FOR SIDEWALK R/W FOR PEDESTRIAN UNDERPASS,
PROJECT NO. 4225, SOUTH WASHINGTON STREET
RECONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of assurance for sidewalk right of way on pedestrian underpass project, Project No. SU-6-081(032)942, City Project No. 4225, South Washington Street reconstruction, and recommended to proceed and to take whatever steps necessary to obtain the easement.

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

APPROVE PLANS AND SPECIFICATION FOR PAVING
PROJECT NO. 4414, AND CALL FOR BIDS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for construction project, Project No. 4414, paving 47th Avenue South to Ulland Park, and recommended to approve final concept report, approve plans and specifications and to authorize call for bids, contingent upon cost participation by Grand Forks Park District, Grand Forks Softball Association and Grand Forks Township, and contingent upon maintenance of the road by the Township.

It was moved by Council Members Hamerlik and Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.
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June 17, 1996

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4476, SEWER DISTRICT NO. 373

The city engineer's estimate of total cost of the construction of sanitary sewer on South 38th Street from 24th Avenue South to 29th Avenue South, in the amount of $67,614.75, was presented and read.

Committee No. 3, Public Service Committee, reported having considered the plans and specifications for Project No. 4476, District No. 373, sanitary sewer on South 38th Street from 24th Avenue South to 29th Avenue South, and recommended that we 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.

It was moved by Council Member Hamerlik and seconded by Council Member Klave 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. 7089 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4477, WATERMAIN DISTRICT NO. 248

The city engineer's estimate of total cost of the construction of watermain on South 38th Street from 24th Avenue South to 29th Avenue South, in the amount of $52,683.75, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for assessment/construction project, Project No. 4477, District No. 248, watermain on South 38th Street from 24th Avenue South to 29th Avenue South, and recommended that we 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.

It was moved by Council Member Hamerlik and seconded by Council Member Klave 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. 7090 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4478, SEWER DISTRICT NO. 374

The city engineer's estimate of total cost of the construction storm sewer on South 38th street from 24th Avenue South to 29th Avenue South, in the amount of $31,492.65, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for assessment/construction project, Project No. 4478, District No.374, storm sewer on South 38th Street from 24th Avenue South 14529
June 17, 1996

to 29th Avenue South, and recommended that we 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.

It was moved by Council Member Hamerlik and seconded by Council Member Klave 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. 7091 - Resolution.

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

APPROVE ENGINEERING AGREEMENT FOR PROJECT
NO. 4260, MILL ROAD BRIDGE REPLACEMENT
STATE PROJECT NO. BRU-6-986(036)039

Committee No. 3, Public Service, reported having considered the matter of construction engineering contract for Project No. 4260, Mill Road bridge replacement, State Project No. BRU-6-986(036)039, and recommended approval of the engineering agreement with KBM, Inc. contingent upon engineer's and city attorney's comments.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE ENGINEERING AGREEMENT FOR PROJECT