Council Minutes

PROCEEDINGS OF THE CITY COUNCIL OF
THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 4, 1997

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 4, 1997 at the hour of 7:00 o'clock p.m. with President Hagness presiding. Present at roll call were Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; absent: Council Members Hanson, Glassheim - 2; 1 seat vacant.

President Hagness announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that public comments on items not on the agenda would be heard at the end of the meeting.

ADOPT LOGO PROPOSED BY COMMUNICATIONS
TASK FORCE MARKETING COMMITTEE

John Tandy of the Communications Task Force Marketing Committee presented proposed logo for consideration by the council. Mr. Tandy reported that on June 27 they were asked by the Communications Task Force, which is a sub-committee of the mayor's task force to create a marketing committee of which he is chair. He stated that they were given very clear objectives by the Communications Task Force, that they assembled a team of local media advertising professionals to begin their work, that they presented their ideas back to the Communications Task Force and the Mayor's Task Force. He then presented proposal including logo (Grand New Greater Grand Forks) and final recommendations, and they were looking for approval to proceed with their work, that logo is driving element of their campaign. It was noted that they are not requesting any funding.

It was moved by Council Member Polovitz and seconded by Council Member Hafner that we adopt the logo as presented. Carried 11 votes affirmative.

PRESENTATION BY REPRESENTATIVE OF AMERICAN
ARBITRATION ASSOCIATION

Michele Gullickson Moore, Dir. of Regional Development, American Arbitration Association, addressed council, describing services they are providing in a cooperative agreement with the UND Conflict Resolution Center for mediation and arbitration services for people who are entering into contracts and may have mortgage and loan agreements that are now coming into problems. She stated that in other disasters they have handled thousands of claims with a 75-80% settlement rate; that they are looking to provide same kinds of services, and distributed pamphlets to the council for referral purposes. She stated they can be reached at the Red River Valley Community Action Center and would welcome comments, referrals and questions.

ADOPT ORDINANCE NO. 3662, AMENDING SECTION
15-0117 OF THE GRAND FORKS CITY CODE RE.
MOSQUITO CONTROL FEE

An ordinance entitled "An ordinance amending Section 15-0117 of the Grand Forks City Code relating to mosquito control fee", which had been introduced and passed on its first reading on July 21, 1997, 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, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the ordinance adopted.

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August 4, 1997

ADOPT ORDINANCE NO. 3663, ANNEXING ALL OF
LOCKWOOD ADDITION TO THE CITY OF GRAND FORKS

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Lockwood Addition lying within a portion of the Southwest Quarter of the Southwest Quarter of Section 28, Township 152 North, Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 21, 1997, 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 notice to the public that this petition for annexation had been filed with the city council and had been published as required.

President Hagness 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, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the ordinance adopted.

HOLD PUBLIC HEARING AND ADOPT RESOLUTION
AUTHORIZING ISSUANCE OF SEWER RESERVE
REVENUE BOND, SERIES 1997D, TO FINANCE
THE UNDERTAKING OF AN EXPANSION AND
IMPROVEMENT OF THE MUNICIPAL SEWERAGE UTILITY

The city auditor reported that notice to the public calling for a public hearing to be held this evening on the proposed sewer system improvements as follows: a storm water drainway including excavation, 885 ft. of box culvert, additional storm sewer pipe and a 24 ft. wide concrete discharge chute, est. cost of the improvement is $3,940,000, and that the City proposes to issue bonds to defray the estimated cost by adoption of a resolution in accordance with Ordinance No. 3540, had been published as required and that no written protest against the issuance of bonds had been filed with his office.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments and President Hagness closed the public hearing.

Council Member Beyer introduced the following resolution and moved its adoption, which motion was seconded by Council Member Bakken: Document No. 7334 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

COUNCIL MEMBER HAFNER EXCUSED

REPORTS OF OFFICERS

The city auditor's cash balance report for period ending June 30, 1997, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Sande that this report be and is hereby received and filed. Carried 10 votes affirmative.

REPORT OF BOARD OF ADJUSTMENTS
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August 4, 1997

A communication from the Board of Zoning Adjustments was presented and read stating that the Board had held a public hearing in City Hall on Thursday, July 17, 1997, that notice had been published as required and that the following appeals were heard: 1) Paul Sandstrom on behalf of RDO Equipment, 6565 Gateway Drive, request for variance to the construction and maintenance requirements to erect an addition, with motion to approve the variance allowing crushed concrete be utilized as the paving material in lieu of asphalt on driveways; 2) Dexter and Elizabeth Perkins, 1112 Cottonwood Street, request for variance to the side yard setback requirements to erect an accessory building, with motion to approve a variance allowing twenty inch setback in the side yard requirement to reconstruct a new detached garage.

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

COUNCIL MEMBER HAFNER REPORTED BACK

APPROVE BILLS

Vendor Payment Listing No. 97-11 dated August 4, 1997 and totaling $1,879,952.21, 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 Beyer and seconded by Council Member Klave 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, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried and the bills ordered paid.

GRANT PRELIMINARY APPROVAL OF TAX INCREMENT
FINANCING, AND CALL FOR PUBLIC HEARING FOR
SEPTEMBER 2, 1997

Committee No. 1, Finance, reported having considered the request by Ecolab/Stauss Development for tax increment financing, and recommended preliminary approval of tax increment financing with provisions to be reviewed/established by staff and call for public hearing for September 2, 1997.

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

APPROVE JOB DESCRIPTION FOR CHIEF OF POLICE

Committee No. 2, Public Safety, reported having considered the matter of job description for chief of police, and recommended to approve job description with amendments.

Committee No. 2, Public Safety, reported having considered matter of schedule/timelines for the hiring process for the position of chief of police, and recommended to tentatively approve the timelines.

Committee No. 1, Finance, reported having considered the matter of job description for chief of police, and recommended to approve job description with change to education to state minimum or equivalent of bachelor's degree.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that these recommendation be and are hereby approved. Carried 11 votes affirmative.
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August 4, 1997

APPROVE REQUEST TO BLOCK STREET IN FRONT
OF CIVIC AUDITORIUM DURING GFG FOOD SHOW

Committee No. 2, Public Safety, reported having considered the request to block street in front of civic auditorium on September 11 and 12 during Grand Forks Grocery Food Show, and recommended to approve request to block street in front of the auditorium from the entrance of parking lot adjacent to the civic auditorium to North 6th Street.

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

AUTHORIZE REMOVAL OF PARKING AT 28TH AVENUE
SOUTH AND SOUTH 17TH STREET TO IMPROVE
SIGHT DISTANCE

Committee No. 2, Public Safety, reported having considered the request for removal of parking to improve sight distance at 28th Avenue South and South 17th Street, and recommended to remove parking 80 ft. north on the east side of South 17th Street and 80 ft. south on the west side of South 17th Street, measuring from the 28th Avenue South curbline.

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

APPROVE GRANT AGREEMENTS WITH ND DEPARTMENT
OF HEALTH AND HUMAN SERVICES

Committee No. 2, Public Safety, reported having considered the matter of grant agreements with ND Department of Health and Human Services: a) Cancer Prevention and Control Grant Agreement, $12,090; b) Local Health Services grant agreement, $40,178; c) Maternal Child Health grant agreement, $83,925; and d) Federal Financial Assurance agreement; and recommended approval of the agreements contingent upon review and approval by the city attorney.

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

APPROVE BUDGET AMENDMENTS

A request to amend the budget for Communicable Diseases/Health in the amount of $1,603.00 to reflect unanticipated Families First revenue, was presented and read.

A request to amend the budget for Knight Foundation Grant/Health in the amount of $27,320.00 to reflect continuation of grant from prior year, was presented and read.

A request to amend the budget for Women's Way Program/Health to reflect a new grant from the ND Department of Health for breast and cervical cancer screening, in the amount of $12,090, was presented and read.

It was moved by Council Member Beyer and seconded by Council Member Sande that these budget amendments be and are hereby approved. Carried 11 votes affirmative.

APPROVE CHANGE IN CORPORATE OWNERSHIP OF
FORMER GRIGGS LANDING AND CHANGE IN LOCATION
OF ALCOHOLIC BEVERAGE LICENSE

Committee No. 2, Public Safety, reported having considered the request for change 15045
August 4, 1997

in ownership of former Griggs Landing from Himax Corporation to Mr. B's and change in location of liquor license from 103 North 3rd Street to 710 1st Avenue
North, and recommended to approve change in corporate ownership of the license from Himax Corp. to Mr. B's pending review by the city attorney, and to approve change in location of the license from 103 North 3rd Street to 710 1st Avenue North pending approval by the city attorney.

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

APPROVE REQUEST TO HOLD GRAND PASTA PARTY
ON THE PRAIRIE ON AUGUST 23

Committee No. 2, Public Safety, reported having considered the matter of request to hold Grand Pasta Party on the Prairie on August 23, 1997, and recommended to allow closing of ring road from DeMers Avenue to North 3rd Street, and public parking lot behind Ski & Bike Shop; to grant variance to the noise ordinance to 12:45 a.m.; and to provide four off-duty police officers for this event, two at no cost and two at regular special event rates.

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

APPROVE REQUEST FROM GREATER GRAND FORKS
JAYCEES TO HOLD PARADE IN CONJUNCTION WITH
POTATO BOWL USA ACTIVITIES

Committee No. 2, Public Safety, reported having considered the matter of request from Greater Grand Forks Jaycees to hold parade in conjunction with Potato Bowl USA week on September 20, and recommended parade route from the Y Family Center to the University.

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

APPROVE REQUEST FOR VARIANCE TO NOISE ORDINANCE

Committee No. 2, Public Safety, reported having considered request for variance to noise ordinance by Phi Delta Theta, 601 Princeton Street, on August 30, 1997, and recommended approval of the request for variance until 11:00 p.m.

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

Committee No. 2, Public Safety, reported having considered request from First National Bank, 2501 DeMers Avenue, for variance to noise ordinance on August 15 until 11:30 p.m. and blocking of street, and recommended approval of the request and granting of a variance until 11:30 p.m.

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

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 4440, SOUTHEND DRAINAGE
DITCH, PHASE 1A

Committee No. 3, Public Service, reported having considered the matter of agreement for construction engineering services between CPS, Ltd. and the City for Project No. 4440, southend drainway ditch, Phase 1A, and recommended to authorize entering into the agreement contingent upon city attorney's review.

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August 4, 1997

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

AUTHORIZE ENTERING INTO AGREEMENT FOR
ENGINEERING SERVICES FOR CONSTRUCTION OF
UTILITIES/PAVING IN SUNLAND WEST RESUBDIVISION
AND UNIVERSITY TECHNOLOGY PARK ADDITION

Committee No. 3, Public Service, reported having considered the matter of agreement for design engineering between CPS, Ltd. and City for construction of utilities and paving in Sunland West Resubdivision and University Technology Park Addition, and recommended to authorize entering into the agreement with CPS, Ltd.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT
PAVING PROJECT NO. 4660, DISTRICT NO. 552

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4660, District No. 552, paving in Johnson's 2nd Addition, 3rd Addition and 4th Addition, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, that the property owner provide up-front monies on the project, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 7335 - Resolution.

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

ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4660, DISTRICT NO. 552

The city auditor presented and read the engineer's report on Paving Project No. 4660, District No. 552: Document No. 7336 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
PROJECT NO. 4460, DISTRICT NO. 552

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7337 - Resolution.
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August 4, 1997

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

APPROVE REVISED ENGINEER'S REPORT, PAVING
PROJECT NO. 4557, DISTRICT NO. 551

The city auditor presented and read the revised engineer's report for Paving Project No. 4557, District No. 551, and recommended to approve the revised engineer's report: Document No. 7338 - Report.

Committee No. 3, Public Service, reported having considered the matter of revised engineer's report for Paving Project No. 4557, and recommended to approve the revised engineer's report.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 4658, DISTRICT NO. 255

The city engineer's estimate of total cost of the construction of watermain in Johnson's 4th Addition in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4658, District No. 255, watermain in Johnson's 4th Addition, 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 for the project.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7339 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4659, DISTRICT NO. 389

The city engineer's estimate of total cost of the construction of storm sewer in Johnson's 4th Addition in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4659, District No. 389, storm sewer in Johnson's 4th Addition, 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 for the project.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 7340 - Resolution.

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August 4, 1997

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

APPROVE CHANGE ORDERS FOR PROJECT 4438,
UPGRADING LIFT STATION 17

Committee No. 3, Public Service, reported having considered the matter of change orders for Project No. 4438, Upgrade Lift Station #17: 1) Moorhead Construction, contractor, to extend vent duct to bottom of "old" wet pit, $4,427.50; and 2) John's Electric, relocate flow-meters to upper floor, $1,000; and recommended approval of the change orders.

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

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR DEVELOPMENT OF AREA ALONG 36TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of development of area long 36th Avenue South, and recommended to authorize entering into three-way agreement with developer and engineer for installation of paving, sanitary sewer, storm sewer and watermain; and for storm sewer to serve proposed Burger King on Lot 1, Block 1, Perkins Second Addition.

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

APPROVE APPRAISAL REPORTS AND OFFERS TO
PURCHASE PROPERTY FOR SOUTHEND DRAINWAY,
SEWER PROJECT NO. 4440

Committee No. 3, Public Service, reported having considered appraisal report and offer to purchase for southend drainway at 51st/52nd Avenues South alignment between Chestnut Street and Ulland Park, for and in consideration of $112,800, and other good and valuable considerations, grantor, Alan Thompson and Lyle and Bert Johnson, with funding from Project No. 4440, and recommended submitting offer to purchase based upon appraisal report in the amount of $112,800.

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

Committee No. 3, Public Service, reported having considered appraisal report and offer to purchase for southend drainway at 51st/52nd Avenue South alignment between Chestnut Street and Ulland Park, grantor Francis Curran, with funding from Project No. 4440, and recommended submitting offer to purchase based upon appraisal report in the amount of $58,300.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.
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August 4, 1997

Committee No. 3, Public Service, reported having considered the appraisal report and offer to purchase for southend drainway at 51st/52nd Avenues South alignment between Chestnut Street and Ulland Park, for and in consideration of the sum of $78,900.00, grantor Yvonne Jacobson and Dean and Richard Curran, with funding from Project No. 4440, and recommended submitting offer to purchase based upon appraisal report in the amount of $78,900.

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

DECLARE VACATED PROPERTY AS SURPLUS AND
AUTHORIZE ENTERING INTO PRIVATE SALE TO
ADJACENT PROPERTY OWNERS

Committee No. 3, Public Service, reported having considered the matter of petition from Brian Kamrowski, etal. to vacate and/or abandon 10-foot wide strip of land deeded and designated for alley purposes, determination and declaration of surplus property (rear 10 ft. of Lots 30, 31 and 32, Block 9, Holes Central Addition, located south of 4th Avenue South between Cherry Street and Cottonwood Street), and recommended to declare this property as surplus and to dispose of the property.

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

Mr. Swanson reported that it is anticipated that the portions of each lot that is to be declared surplus has a value of $2500 or less, consequently the motion should authorize the City to enter into the private sale of the property to adjoining property owners. Council Members Klave and Hafner so moved to amend the motion. Carried 11 votes affirmative.

Upon call for the question on the motion, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

APPROVE ADDITIONAL TOWER LOCATIONS UNDER LEASE
AGREEMENT WITH WIRELESS NORTH FOR INSTALLATION
OF COMMUNICATION ANTENNAS AND DISHES

Committee No. 3, Public Service, reported having considered the matter of tower lease agreements for installation of communication antennas and dishes at Viking School water tower and northwest water tower (27th Avenue North and North 43rd Street), for and in consideration of $7800/year each, Wireless North, grantor, and recommended to approve the inclusion of two additional tower locations under the lease agreement at $7800/ea. annually.

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

Mr. Swanson reported that what was negotiated with Wireless North was that for the first five years of a ten-year lease, the sum of $7,800 would be paid as rental per site, that for the second five years of the ten-year lease the sum of $8,970 will be paid; that there is five-year extension upon mutual agreement at a price to be determined, and all documents in order.

Upon call for the question on the motion, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, 15050
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Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

MATTER OF RENTAL REHAB. LOANS

Committee No. 4, Urban Development, reported having considered the matter of rental rehab. loans, and recommended that we process rental rehab applications in order received and fund in the same order provided qualifications are met up to the State Small Cities grant of $1 million or the depletion of program funds.

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

ACCEPT FLOOD RESPONSE STAFFING RECOMMENDATIONS

The Committee of the Whole reported having considered the matter of flood response staffing recommendations, and recommended to accept the plan as presented.

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

Council Member Hamerlik asked if any of these positions would be filled by current city employees as some positions high level and to bring someone in for six to twenty-four months takes quite a bit of training and then revert to their original positions after that period of time. The city auditor stated that is anticipated to occur, that if there are qualifying individuals for those positions it would be intent to give them the first opportunity at those positions.

It was moved by Council Member Babinchak and seconded by Council Member Sande to add to Human Resources personnel, one human resource analyst at a grade 16, and a one office specialist at a grade 10. Carried 11 votes affirmative.

Upon call for the question on the original motion, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN
CITY AND VARIOUS OTHER ENTITIES

The Bus Committee reported having considered the matter of proposed Memorandum of Understanding, and recommended approval of the Memorandum of Understanding between the State of North Dakota, the State of Minnesota, the City of Grand Forks, the City of East Grand Forks and the Grand Forks/East Grand Forks Metropolitan Planning Organization, subject to review by the city attorney.

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

EXTEND EXISTING ADVERTISING CONCESSION
AGREEMENT

The Bus Committee reported having considered the matter of extending existing advertising concession agreement, and recommended approval to extend advertising concession agreement until December 31, 1997.

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

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ACCEPT PETITION TO VACATE VARIOUS EASEMENTS
AND PUBLIC RIGHTS OF WAY DEDICATED ON THE PLAT
OF SUN LAND WEST SECOND RESUBDIVISION AND ON
THE PLAT OF RYDELL-WEST SUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the petition from Sun Land West LLC and UND Foundation for approval of a resolution to vacate all utility easements, sidewalk and utility easements, 7th Avenue North and Sun Land West Avenue rights of way as platted and dedicated on the plat of Sun Land West Second Resubdivision to the city of Grand Forks, North Dakota and all of 10th Avenue North being bounded on the west by the extension of the east right of way line of North 55th Street and bounded by the east by the extension of the west right of way line of North 52nd Street as platted and dedicated on the plat of Rydell-West Subdivision, Grand Forks, North Dakota, and recommended approval of a resolution to vacate all utility easements, sidewalk and utility easements, 7th Avenue North and Sun Land West Avenue rights of way as platted and dedicated on the plat of Sun Land West Second Resubdivision to the city of Grand Forks, North Dakota and all of 10th Avenue North, being bounded on the west by the extension of the east right of way line of North 55th Street and bounded on the east by the extension of the west right of way line of North 52nd Street as platted and dedicated on the plat of Rydell-West Subdivision, Grand Forks, North Dakota, and to set the date of the public hearing for September 15, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required. Carried 11 votes affirmative.

APPROVE PRELIMINARY PLAT AND INTRODUCE
ORDINANCE TO AMEND STREET & HIGHWAY PLAN
TO INCLUDE PUBLIC RIGHTS OF WAY

The City Planning and Zoning Commission reported having considered the request from CPS, Ltd. on behalf of Sun Land West LLC and the city council for preliminary approval of the plat of Congressional First Resubdivision to the city of Grand Forks, ND (located between 6th Avenue North and 10th Avenue North and between North 51st and North 55th Streets), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for August 18, 1997.

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

Council Member Hafner introduced 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 Congressional First Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN NORTH CONGRESSIONAL PUD
DISTRICT ALL OF CONGRESSIONAL FIRST
RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from Dan Schmaltz and the UND Foundation on behalf of the Flood Response Committee and the Tri-chairs for preliminary approval of an ordinance
15052
August 4, 1997

to amend the Zoning Map to exclude from Sun Land West PUD (Planned Unit Develop-ment) District, (Concept and Detailed Development Plan) and from the B-3 (General Business) District and to include within the North Congressional PUD (Planned Unit Development) District, (Concept Development Plan), all of Congressional First Resubdivision to the city of Grand Forks, ND (located between 6th and 12th Avenues North and between North 51st and 55th Streets), and recommended pre-liminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for August 18, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

Council Member Hafner introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from Sun Land West PUD (Planned Unit Development) District, (Concept and Detailed Development Plan) and from the B-3 (General Business) District, and to include within the North Congressional PUD (Planned Unit Development) District, (Concept Development Plan), all of Congressional First Resubdivision to the city of Grand Forks, ND", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT, AND INTRODUCE ORDINANCE
AMENDING STREET & HIGHWAY PLAN TO INCLUDE PUBLIC
R/W SHOWN AS DEDICATED ON THE PLAT OF CONGRESSIONAL
SECOND RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of UND Aerospace Foundation and the city council for preliminary approval of the plat of Congressional Second Resub-division to the city of Grand Forks, ND (located between University Avenue and the Burlington Northern/Santa Fe Railroad right of way and between Technology Circle and North 55th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for August 18, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 11 votes affirma-tive.

Council Member Hafner introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include public rights of way shown as dedicated on the plat of Congressional Second Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE SOUTH CONGRESSIONAL
PUD DISTRICT, CONCEPT DEVELOPMENT PLAN, ALL
OF CONGRESSIONAL SECOND RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from Tom Clifford and the UND Aerospace Foundation on behalf of the Flood Response Committee and the Tri-chairs for preliminary approval of an ordinance to amend the Zoning Map to exclude from the I-2 (Heavy Industrial) District and to include within the South Congressional PUD (Planned Unit Develop-ment) District, Concept Development Plan, all of Congressional Second Resub-division to the city of Grand Forks, ND (located between University Avenue and the Burlington Northern/Santa Fe Railroad right of way and Technology Circle, and North 55th Street), and recommended preliminary approval subject to special