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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, July 19, 1993

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the civic auditorium on Monday, July 19, 1993 at the hour of 7;30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpen-ter, Lien, Beyer, Geller, Johnson, Hagness - 13; absent: Council Member Shores - 1.

SUSPEND ORDER OF BUSINESS

Mayor Polovitz asked for a motion to suspend the order of business on the agenda to place items listed as 7-26 matter of final plat of Blue Pines 2nd Addition; 7-27 matter of final plat of Peabody's First Addition; 7-28 request to amend zoning map to include within Peabody PUD Dist., Concept Development Plan, all of Peabody's First Addition; and notices of petitions to vacate under public hearings on the agenda. It was moved by Council Member Hanson and seconded by Council Member Beyer that the order of business on the agenda be suspended as requested. Carried 13 votes affirmative.

DEFEAT ORDINANCE RE. MOWING OF GRASS ON BERMS

An ordinance entitled "An ordinance ,
which had been introduced and passed on its first reading on June 21, 1993, was presented and read for consideration on second reading.

It was noted that a recommendation had been made to enforce existing ordinance as is.

Upon call for the question of adoption of this ordinance, and upon roll call vote the following voted "aye": none; voting "nay": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13. Mayor Polovitz declared the ordinance defeat-ed.

CONTINUE SECOND READING OF ORDINANCE TO CONSOLIDATE
FIRE ALARM AND EMERGENCY ALARM ORDINANCES

An ordinance entitled "An ordinance amending Article 6, Chapter XII and Article 19, Chapter XXI, of the Grand Forks City Code relating to the transfer of authority for fire and emergency alarm systems to PSAP", which had been introduced and passed on its first reading on July 6, 1993, was presented and read for consideration on second reading.

At the request of the city attorney it was moved by Council Member Glassheim and seconded by Council Member Carpenter that this second reading of the ordinance be continued to August 2, 1993. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3305, RELATING TO THE
ADOPTION OF THE 1993 EDITION OF THE NATIONAL
ELECTRICAL CODE, AMERICAN NATIONAL STANDARDS,
NFPA NO. 70-1993, BY REFERENCE

An ordinance entitled "An ordinance amending Article 2 of Chapter 19 of the Grand Forks City Code relating to the Electrical Code", which had been introduced and passed on its first reading on July 6, 1993, was presented and read for consideration on second reading and final passage.

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

ADOPT ORDINANCE NO. 3306, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1993
(HEALTH DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993", which had been introduced and passed on its first reading on July 6, 1993, 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

HOLD PUBLIC HEARING ON AN URBAN RENEWAL
PLAN IN SCHOEN AND KOBETSKY'S 1ST ADDITION,
LOT 3, BLOCK 1 (ELKS PROPERTY PROJECT)

The city auditor reported that notice to the public had been given that the city council would hold a public hearing this evening on an urban renewal plan in Lot 3, Block 1, Schoen and Kobetsky's 1st Addition; and that the plan is for the remodeling work anticipated for the Elks Building, 100-200 Elks Drive, which includes all areas of general, mechanical, electrical and site demoli-tion reconstruction.

Mayor Polovitz called for the public hearing and asked for comments from the audience.

Henry Howe, 2309 Chestnut Street, spoke against the project with focus on financing aspect; bond money goes to the developer for townhouses for the rich, repaid by the people in the townhouses. He stated this is not improve-ment to increase tax base, won't add to the tax base for 20 years. He noted that there are several projects which were funded by tax increments that are not making enough to pay for bonds, so coming out of City's general revenues. He stated tax increment financing used inappropri-ately and unwisely. He stated that if this project is good deal for the city of Grand Forks, then should pay it's own way. He urged council to give lot of consideration on this matter.

Bill Schoen, 3718 Belmont Court, representing himself and Jim Kobetsky, responded to Mr. Howe's statements, stating that their request is for $380,000 in tax increment financing, interest paid back at same time as bonds paid back; that back taxes will be paid, and current value will continue to be tax base.

Mayor Polovitz closed the public hearing. Mr. Swanson advised council that based upon recommendations of the City's bond firm, Dorsey & Whitney, the appropri-ate action tonight has already been taken in the public hearing,

It was moved by Council Member Kulas and seconded by Council Member Hanson to introduce the resolution giving approval and continu-ing the matter to August 16, 1993 for final adoption pending filing of written protest. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson,
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Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3307, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC RIGHTS OF WAY SHOWN AS DEDICATED
ON THE PLAT OF BLUE PINES 2ND 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 Blue Pines 2nd Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 7, 1993, 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 to whom was referred the matter of the request from CPS, Ltd. on behalf of Blazer and Durkin for final approval of the Blue Pines 2nd Addition to the city of Grand Forks, North Dakota (located in the southeast corner of DeMers Avenue and South 34th Street for development purposes.

It was moved by Council Member Glassheim and seconded by Council Member Hagness 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3308, AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
PEABODY'S FIRST ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Peabody's First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 7, 1993, 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 CPS, Ltd. on behalf of Robert and Jeanine Peabody for final approval of Peabody's First Addition to the city of Grand Forks, ND
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lying in Grand Forks Township, Section 21, West Half of the Northeast Quarter (located east of South 20th Street extended between 32nd Avenue South and 36th Avenue South extended), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordi-nance amending the Street and Highway Plan.

It was moved by Council Member Hagness and seconded by Council Member Glass-heim 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3909, AMENDING ZONING MAP
TO INCLUDE WITHIN THE PEABODY PUD DISTRICT, CONCEPT
DEVELOPMENT PLAN, ALL OF PEABODY'S FIRST ADDITION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the B-3 (General Busi-ness) District and to include within the Peabody PUD (Planned Unit Develop-ment) District, Concept Development Plan, all of Peabody's First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 7, 1993, 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 CPS, Ltd. on behalf of Robert and Jeanine Peabody for final approval to amend the Zoning Map to exclude from B-3 (General Business) District and to include within the Peabody PUD (Planned Unit Development) District, Concept Development Plan, all of Peabody's First Addition to the city of Grand Forks (located east of South 20th Street extended between 32nd Avenue South and 36th Avenue South extended), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map.

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

Upon call for the question of adoption of this ordinance, and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hag-ness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3309.1, AMENDING THE STREET
AND HIGHWAY PLAN AS A PART OF THE MASTER PLAN TO
INCLUDE AS RESERVATIONS ALL THAT PORTION OF THE
EAST HALF OF EAST HALF OF SECTION 19, T151N, R50W,
OF 5TH PM

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An ordinance entitled "An ordinance to amend the Street and Highway Plan as a part of the Master Plan of the city of Grand Forks, North Dakota, to include as reservations all that portion of the East Half of the East Half of Section 19, T151N, R50W, of the 5th PM, more specifically described as the westerly 80 feet of the easterly 347 feet of said Section 19", which had been introduced and passed on its first reading on June 7, 1993, and upon which public hearing was 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 this evening, and further that to date he had received no written protests on this matter.

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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the ordinance adopted.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that the final date for such protest shall be September 23, 1993 and the public hearing on any protests filed be October 4, 1993. Carried 13 votes affirmative.

ADOPT RESOLUTION VACATING PORTION OF UTILITY
EASEMENT LYING WITHIN INDUSTRIAL RESUBDIVISION
NO. 4, BLOCK 1, LOT 1

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate and discontinue a 10-foot wide utility easement lying within Industrial Resubdivision No. 4, Block 1, Lot 1 (more specifically described as lying within the westerly 10 feet of said Lot 1, excluding any portion of the northerly or southerly 10 feet thereof, which is also a part of the east-west utility easements), 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 Hagness and seconded by Council Member Hoeppner that we do hereby find and determine an insufficiency of protest on the request for vacation. Carried 13 votes affirmative.

Council Member Hagness introduced the following resolution which was presented and read: Document No. 6103 - Resolution.

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

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Carpenter and seconded by Council Member Kulas that the consent agenda items be referred to committee as noted for investiga-tion and consideration. Carried 13 votes affirmative.

Finance Committee:
1) matter of rental of safe deposit box.
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Public Safety Committee:
1) matter of parking on Highland Court.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of June 30, 1993 was presented and read.

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

APPROVE BILLS

Vendor Payment List No. 93-12, dated July 19, and totaling $1,220,235.97, 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 Hoeppner 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

AUTHORIZE DEMOLITION OF BUILDINGS AT 318
NORTH 4TH STREET

Committee No. 1, Finance, reported having considered the matter of property at 318 North 4th Street, and recommended that we reject all bids, demolish the buildings and rebid as vacant lot.

Committee No. 4, Urban Development, reported having considered the matter of acquisition and demolition application, and recommended approval of the allocation of $5,500 for the demolition of the property at 318 North 4th Street, contingent upon finance committee's approval and rejecting of all bids.

It was moved by Council Member McCabe and seconded by Council Member Johnson that these recommendations be and are hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

DENY APPLICATION FOR TAX INCREMENT FINANCING
FOR THEATRE COMPLEX

Committee No. 1, Finance, reported having considered the matter of request for tax increment financing on construction of 10-screen theatre complex, and recommended to deny the application.

It was moved by Council Member McCabe and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

ACCEPT BID FOR COMPUTERS FOR MIS DEPARTMENT

Committee No. 1, Finance, reported having considered the matter of quotes for computers for MIS Department, and recommended that we accept the bid of Gateway 2000 in the amount of $13,760.00.

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

APPROVE REQUEST FOR MEDICAL LEAVES OF ABSENCE

Committee No. 1, Finance, reported having considered the matter of request by Michael Dorsher for extended medical leave of absence without pay, and recommended that we grant extension of medical leave without pay through October 8, 1993.

It was moved by Council Member McCabe and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Committee No. 1, Finance, reported having considered the request by Victoria Machovsky for extended medical leave of absence without pay, and recommended that we grant extension of medical leave without pay through September 21, 1993.

It was moved by Council Member McCabe and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

REMOVE PARKING ON EAST SIDE OF NORTH 23RD
STREET FROM ALLEY TO 1ST AVENUE NORTH

Committee No. 2, Public Safety, reported having considered the matter of removal of parking on the east side of North 23rd Street from Dyke to 1st Avenue North, and recommended that we remove parking on the east side of North 23rd Street from the alley to 1st Avenue North.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

INTRODUCE ORDINANCE RELATING TO MINIMUM
CHARGE FOR OUTSIDE FIRE PROTECTION

Committee No. 2, Public Safety, reported having considered the matter of minimum charge for outside fire protection, and recommended that we amend the ordinance to change minimum fee from $100.00 to $500.00 per year; and to change contract period from November 1-October 31 period to a calendar year; and that the proposed ordinance be introduced for first reading.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced an ordinance entitled "An ordinance amending Article 5, Chapter XII; Section 0501 of the Grand Forks City Code relating to the minimum charge for outside fire protection", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1993 (POLICE
DEPARTMENT)

Committee No. 2, Public Safety, reported having considered the matter of
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amending police department budget to include unanticipated cash carry-over in the amount of $730.00, and recommended that we approve and introduce ordinance to amend annual appropriations bill ordinance for first reading.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993" (police department), which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO THE REGULATION
OF ROLLER-SKATES AND SKATEBOARDS ON ROADWAYS

Committee No. 2, Public Safety, reported having considered the matter of rollerbladers on streets, and recommended to introduce the proposed ordinance for first reading.

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

Jim Templin, Emerado, stated he is a rollerblader, rollerbladers married to urban situation, perfectly adapted on streets, can do everything bicycle can; good for exercise, recreation and transit; asking for no prohibitions for rollerbladers; and would like to see the ordinance written same as bicycle ordinance.

There was some discussion relative to prohibiting roller-skating and skate-boarding on designated roadways, i.e., DeMers Avenue, Columbia Road, Gateway Drive, Washington Street, 17th Avenue South, 32nd Avenue South and 24th Avenue South.

It was moved by Council Member Lien to add Cherry Street to streets prohibited from roller skaters and skateboarders. The motion died for lack of a second.

It was moved by Council Member Hanson and seconded by Council Member McCabe to remove 24th Avenue South and 17th Avenue South from designed roadways listing where roller-skating and skateboarding prohibited.

After considerable discussion and upon call for the question on the amendment and upon roll call the following voted "aye": Council Members McCabe, Hanson, Glassheim, Beyer, Geller - 5; voting "nay": Council Members Hoeppner, Kulas, Crawford, Carpenter, Lien, Johnson, Hagness, Beach - 8. Mayor Polovitz declared the amendment defeated.

Upon call for the question on the motion, and upon voice vote, the motion carried 12 votes affirmative; 1 no vote by Council Member Hanson.

Council Member Crawford introduced an ordinance entitled "An ordinance adopting Article 24, Chapter VIII, of the Grand Forks City Code relating to the regulation of roller-skates and skateboards on roadways", which was presented, read and passed on its first reading.

ALLOW TABLES AND CHAIRS ON SIDEWALK, AND SET
HOURS

Committee No. 3, Public Service, reported having considered the matter of tables and chairs on sidewalk at 324 Kittson Avenue, Urban Stampede coffee bar, to restrict hours, and recommended that we approve hours as follows: 7:30 a.m. to 10:00 p.m. Monday through Thursday; 7:30 a.m. through 11:00 p.m.
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on Friday and Saturday; and 9:00 a.m. to 7:00 p.m. on Sundays, subject to signing of a hold harmless agreement.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

APPROVE CONCEPT OF DEVELOPING ADDITIONAL
PARKING UNDER COLUMBIA ROAD OVERPASS

Committee No. 3, Public Service, reported having considered the matter of request from UND to develop additional parking under Columbia Road overpass, and recommended approval of the concept subject to clarification of terms with city engineering department.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

AUTHORIZE PURCHASE OF STREET R/W IN PEABODY'S
FIRST ADDITION

Committee No. 3, Public Service, reported having considered the matter of purchase of South 20th Street R/W in Peabody's 1st Addition, and recommended that the City pay $10,000 to Mr. Peabody for the South 20th Street right of way and that the Park Board accept $10,000 in lieu of land as their 8% contribu-tion for park and open space purposes from Mr. Peabody; with funds to come from Highway Users' Fund.

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

APPROVE BUDGET FUND TRANSFER

A request to transfer $5,015.00 within the Stormwater budget for work under Project No 4035 and for roof repair at Station #82 was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this transfer be approved. Carried 13 votes affirmative.

DIRECT ENGINEER TO PREPARE DETAILED PLANS
AND SPECIFICATIONS FOR PUMP STATION #25,
PROJECT NO. 4050

Committee No. 3, Public Service, reported having considered the matter of Project 4050, upgrade pump station #25, and recommended to direct the city engineer to prepare detailed plans and specifications.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

AUTHORIZE ENTERING INTO ENGINEERING AGREEMENT FOR
PROJECT NO. 4056, CHLORINE SCRUBBER AT WATER PLANT

Committee No. 3, Public Service, reported having considered the engineering agreement for Project 4056, chlorine scrubber at water plant, and recommended that we enter into engineering agreement with Advanced Engineering to assist with design and related work in connection with construction of a chlorine
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scrubber system at the water treatment plant on an hourly basis in an amount not to exceed $18,000.

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

APPROVE CHANGE ORDER FOR PROJECT 3974, DEMERS
AVENUE PHASE I

Committee No. 3, Public Service, reported having considered the matter of change order for Project 3974, DeMers Avenue Phase I, and recommended that we approve the change order in the net amount of $3,000.

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

Committee No. 3, Public Service, reported having considered the change order for DeMers Avenue Reconstruction Project, phase II, Change Order #3, and recommended that the change order in the amount of $10,120.00 be approved.

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

Committee No. 3, Public Service, reported having considered the change order for DeMers Avenue Reconstruction Project, Phase II, Change Order #2, and recommended that the change order in the amount of $3,300.00 be approved.

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

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 519, PROJECT NO. 4108

The city auditor reported that the period for filing protests on the resolu-tion of necessity for the improvements in and for Paving District No. 519, Project No. 4108, paving Big Sky Circle, had expired on July 16, 1993, 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 Beyer introduced the following resolution as to protests which was presented and read: Document No. 6104 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that we do hereby find and determine an insufficiency of protest against Paving District No. 519, Project No. 4108, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
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RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, PAVING PROJECT NO.
4108, DISTRICT NO. 519

The city auditor presented and read tabulation of bids which had been received and opened on Monday, July 12, 1993 for Paving Project No. 4108, District No. 519, paving Big Sky Circle, indicating that Nodak Contracting was low bidder based upon their bid in the amount of $25,687.50: Document No. 6105 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4108, District No. 519, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4108, District No. 519, paving Big Sky Circle, and recommended that we accept the low bid of Nodak Contracting in the amount of $25,687.50.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6106 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution awarding the contract for Paving Project No. 4108, District No. 519, to Nodak Contracting be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

RECEIVE BIDS AND AWARD CONTRACT FOR PAVING
PROJECT NO. 3907, PAVING 17TH AVENUE SOUTH
AND SOUTH 42ND STREET

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 3907, paving 42nd Street and 17th Avenue South, and recommend-ed that we accept the low bid of Thorson, Inc., Bemidji, Mn in the amount of $202,460.00.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER DISTRICT NO. 334, PROJECT NO. 3821

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 3821, storm sewer in Richard's West Addition area, and declaration of intent to sell bonds, and recommended that we pass a resolution creating the special assessment dis-trict, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the engineer to prepare detailed plans and specifications; and further that we adopt declaration of intent to sell bonds.

It was moved by Council Member Beyer and seconded by Council Member Glassheim
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that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced the following resolution creating the assess-ment district which was presented and read: Document No. 6107 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT
NO. 334, PROJECT NO. 3821

The city auditor presented and read the engineer's report on Sewer District No. 334, Project No. 3821: Document No. 6108 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER DISTRICT NO. 334, PROJECT
NO. 3821

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6109 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER DISTRICT NO. 347, PROJECT NO. 4121

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for Project No. 4121, District No. 347, sanitary sewer on South 20th Street, and recommended that we pass a resolution creating the special 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; and that we adopt declaration of intent to sell bonds.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced the following resolution creating the assess-ment district, which was presented and read: Document No. 6110 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT NO.
347, PROJECT NO. 4121

The city auditor presented and read the engineer's report on Sewer District
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July 19, 1993

No. 347, Project No. 4121: Document No. 6111 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SEWER DISTRICT NO. 347, PROJECT NO. 4121

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6112 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN DISTRICT NO. 228, PROJECT NO. 4122

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4122, District No. 228, watermain on South 20th Street, and recommended that we pass a resolution creating the special 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; and further that we adopt declaration of intent to sell bonds.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced the following resolution creating the assess-ment district, which was presented and read: Document No. 6113 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN DISTRICT
NO. 228, PROJECT NO. 4122

The city auditor presented and read the engineer's report on Watermain District No. 228, Project No. 4122: Document No. 6114 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
WATERMAIN DISTRICT NO. 228, PROJECT NO. 4122

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6115 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING DISTRICT NO. 520, PROJECT NO. 4116

Committee No. 3, Public Service, reported having considered the matter of
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creating special assessment district for Project No. 4116, District 520, paving Homestead Circle, and recommended that we pass a resolution creating the special 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; and further that we adopt declaration of intent to sell bonds.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced the following resolution creating the assess-ment district, which was presented and read: Document No. 6116 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING DISTRICT
NO. 520, PROJECT NO. 4116

The city auditor presented and read the engineer's report on Paving District No. 520, Project No. 4116: Document No. 6117 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING DISTRICT
NO. 520, PROJECT NO. 4116

Council Member Beyer introduced the following resolution of necessity, which was presented and read: Document No. 6118 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING DISTRICT NO. 525, PROJECT NO. 4129

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4129, District No. 525, paving 11th Avenue South from South 34th Street to South 36th Street, and recommended that we pass a resolution creating the special assessment dis-trict, 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; and further that we adopt declaration of intent to sell bonds.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced the following resolution creating the assess-ment district, which was presented and read: Document No. 6119 - Resolution.
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July 19, 1993

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING DISTRICT NO.
525, PROJECT NO. 4129

The city auditor presented and read the engineer's report on Paving District No. 525, Project No. 4129: Document No. 6120 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING DISTRICT
NO. 525, PROJECT NO. 4129

Council Member Beyer introduced the following resolution of necessity, which was presented and read: Document No. 6121 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING DISTRICT NO. 524, PROJECT NO. 4087

Committee No. 3, Public Service, reported having considered the petition for paving in Birkholz' 4th Addition, and recommended that we pass a resolution creating the special 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; and further that we adopt declaration of intent to sell bonds.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced the following resolution creating the assess-ment district, which was presented and read: Document No. 6122 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING DISTRICT NO.
524, PROJECT NO. 4087

The city auditor presented and read the engineer's report on Paving District No. 524, Project No. 4087: Document No. 6123 - Report.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this report be and is hereby approved. Carried 13 votes affirmative.
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ADOPT RESOLUTION OF NECESSITY, PAVING DISTRICT
NO. 524, PROJECT NO. 4087

Council Member Beyer introduced the following resolution of necessity, which was presented and read: Document No. 6124 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN DISTRICT NO. 229, PROJECT NO. 4136

Committee No. 3, Public Service, reported having considered the matter of preliminary engineering for Project No. 4136, District 229, watermain on 16th Avenue North, and recommended that we pass a resolution creating the special 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; and further that we adopt declaration on intent to sell bonds.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

Council Member Beyer introduced the following resolution creating the assess-ment district, which was presented and read: Document No. 6125 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN DISTRICT
NO. 229, PROJECT NO. 4136

The city auditor presented and read the engineer's report on Watermain District No. 229, Project No. 4136: Document No. 6126 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
WATERMAIN DISTRICT NO. 229, PROJECT NO. 4136

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6127 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glass-heim, Crawford, Carpenter, Lien, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.


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July 19, 1993

CONSIDER MATTER OF ACCESS TO UND MEMORIAL UNION
AND CUTTING UNIVERSITY AVENUE MEDIAN

Committee No. 3, Public Service, reported having considered the matter of access to UND Memorial Union, University Avenue median, an recommended to approve concept, subject to any necessary approval by the Department of Transportation, and consideration of construction in right of way with engineering department.

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

Scott Iserman, president of Student Body, stated that proposal before council does not entail any parking additions made to the Memorial Union, only deals with median break in front of the Union on University Avenue, and is only to aid in students' access to the Memorial Union.

Gordon Iseminger, 2420 9th Avenue North, spoke against the parking lot project; and Mayor Polovitz stated that City has no jurisdiction over that project.

There was some discussion relative to how the project was to be paid; and it was moved by Council Member Carpenter and seconded by Council Member Johnson to amend the motion that the project be totally funded by the University of North Dakota and not by the City of Grand Forks.

After some discussion and upon call for the question, and upon roll call vote, the following voted "aye": Council Members Carpenter, Lien, Geller, Johnson, Hoeppner, Crawford - 6; voting "nay": Council Members Beyer, Hagness, Beach, McCabe, Kulas, Hanson, Glassheim - 7. Mayor Polovitz declared the amendment defeated.

Upon call for the question on the motion, and upon voice vote, the motion carried 12 votes affirmative; Council Member Johnson voting against the motion.

DEFER CONSIDERATION OF FLOOD STUDY BY CORPS
OF ENGINEERS TO AUGUST 2, 1993

The matter of consideration of Red River Flood Study by Corps of Engineers, which had been continued from July 6, 1993, was presented to the council. Mayor Polovitz asked that this matter be delayed so the council can hear presentation by the Corps of Engineers. It was moved by Council Member Hagness and seconded by Council Member Beyer that the matter be postponed to August 2, 1993. Carried 13 votes affirmative.

APPROVE GROWTH FUNDS FOR WELCO

Committee No. 4, Urban Development, reported having held a public hearing and considered the matter of the application for Growth fund monies by WELCO, and recommended that we approve the application for Growth Fund in the amount of $10,000.

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

APPROVE RENTAL REHAB. FUNDS FOR REHABBING OF
PROPERTY AT 1115 HAMMERLING AVENUE
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July 19, 1993

Committee No. 4, Urban Development, reported having considered the application by Daniel C. and Julie A. Heinz for rental rehab funds in the amount of $3,500 to rehab property at 1115 Hammerling Avenue, and recommended approval of the application in the amount of $3,500.00.

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

APPROVE REQUEST TO REHAB PROPERTY AT 415 NORTH
3RD STREET

Committee No. 4, Urban Development, reported having considered the matter of rehabbing of house at 415 North 3rd Street, and recommended that we approve request for $10,000 grant to the Grand Forks Housing Authority, to be matched on a dollar for dollar basis to redo bathrooms and air exchange system.

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

APPROVE STOREFRONT APPLICATION AT 1200 SOUTH
WASHINGTON STREET

Committee No. 4, Urban Development, reported having considered the matter of storefront application at 1200 South Washington Street, and recommended that we approve mini-grant of $500.00 and approve project outside of the normal downtown area.

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

Council Member Beach asked to be excused from voting on this matter. It was moved by Council Members Carpenter and Beyer that Council Member Beach be excused from voting on this matter. Carried 12 votes affirmative.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpen-ter, Lien, Beyer, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

RECESS MEETING FOR 5-MINUTES, AND RECONVENE

Mayor Polovitz recessed the meeting for 5-minutes. The meeting reconvened at 9:00 p.m. with all members present.

APPROVE FINAL PLAT OF SCHOEN AND KOBETSKY'S
1ST ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from Schoen Associates on behalf of the Elks Building Corpora-tion for final approval of the plat of Schoen and Kobetsky's 1st Addition, being a portion of Government Lot 2, Section 15, Township 151 North of Range 50 West of the 5th PM (located east of Belmont Road between Elks Drive and 24th Avenue South extended), and recommended final approval subject to special conditions shown on or attached to the review copy.

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July 19, 1993

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

APPROVE FINAL PLAT OF COLUMBIA PARK 21ST
ADDITION, REPLAT OF BLOCK 2, LOTS 1 AND 4

The City Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Arthur Greenberg, Jr. for final approval of Columbia Park 21st Addition, Replat of Block 2, Lots 1 and 4, to the city of Grand Forks, ND (located in the southwest corner of the intersec-tion of 32nd Avenue South and South 20th Street), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

GRANT FINAL APPROVAL OF COLUMBIA PARK PUD,
DETAILED DEVELOPMENT PLAN, AREA AC-12, HOLIDAY
STATION STORE, COLUMBIA PARK 14TH ADDITION,
BLOCK 1, LOT A

The City Planning and Zoning Commission reported having considered the matter of request from Wally Rodgers on behalf of Arthur Greenberg, Jr. and the Holiday Station Store for final approval of Columbia Park Planned Unit Development (PUD), Detailed Develop-ment Plan, Area AC-12, Holiday Station Store, Columbia Park 14th Addition, Block 1, Lot A, to the city of Grand Forks, ND (located in the northwest corner of 32nd Avenue South and South 34th Street), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS 8, 9
AND 10, BLOCK 21, HOLES CENTRAL ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from Branden Bartholomew on behalf of Alice J. Lizakowski for final approval of the Replat of Lots 8, 9 and 10 of Block 21, Holes Central Addition to the city of Grand Forks, ND, and recommended final approval subject to special conditions shown on or attached to the review copy includ-ing a variance to the subdivision regulations as it pertains to lot width and lot area.

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

APPROVE REQUEST FOR CONDITIONAL USE PERMIT FOR
STORAGE OF NON-HAZARDOUS MATERIAL IN A B-3 ZONE
ON LOT 3, BLOCK 2, C & N RESUBDIVISION BY GRAND
FORKS WELDING AND MACHINE COMPANY

The City Planning and Zoning Commission reported having considered the matter of the request from Grand Forks Welding and Machine Company for approval of a conditional use permit relating to the storage of non-hazardous material in a B-3 (General Business) District on Lot 3, Block 2, C & N Resubdivision, city
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July 19, 1993

of Grand Forks, ND (located at 1812 Gateway Drive) for the purpose of con-structing a 50-foot addition to the existing GF Welding and Machine Company, and recommended approval, subject to the vacation and relocation of the existing utility easement including the relocation of existing utilities at the expense of the property owner.

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

APPROVE FINAL PLAT OF REPLAT OF RICHARD'S
WEST SUBDIVISION, BLOCK 1, LOT A

The City Planning and Zoning Commission reported having considered the matter of the request from the city engineering department for preliminary adminis-trative approval and final approval of a Replat of Richard's West Subdivision, Block 1, Lot A, Grand Forks, ND (located in the northeast corner of North 55th Street and 6th Avenue North), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

ACCEPT PETITION FOR PARTIAL VACATION OF
SCREENING EASEMENT IN WESTWARD ACRES SUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request by Bruce Qvammen dba D & H Beauty and Barber Supply, Inc. for the partial vacation of the screening easement in the 2500 block of 7th Avenue South, and recommended approval to vacate the easterly 30 feet of the westerly 252 feet of the 25-foot wide east-west screening easement as platted and dedicated on the Replat of Blocks 1, 2, 11, 12 and 13, Westward Acres Subdivi-sion, Grand Forks, ND and to set the date of the public hearing for September 7, 1993.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved, and that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required. Carried 13 votes affirmative.

APPROVE REQUEST FOR CONDITIONAL USE PERMIT
RELATING TO STORAGE OF NON-HAZARDOUS MATERIAL
IN A B-3 DISTRICT (2500 BLOCK 7TH AVENUE SOUTH)

The City Planning and Zoning Commission reported having considered the matter of the request by Bruce Qvammen for approval of a conditional use permit relating to the storage of non-hazardous material in a B-3 (General Business) District (located in the 2500 block of 7th Avenue South), and recommended approval.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN MEDVUE 2ND PUD DISTRICT, CONCEPT
DEVELOPMENT PLAN, ALL OF BLUE PINES SECOND RESUB.
INCLUDING DETAILED DEVELOPMENT PLAN FOR ONE AND TWO
FAMILY RESIDENCE DISTRICT, BLOCK 1, LOTS 1 AND 2
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July 19, 1993

The City Planning and Zoning Commission reported having considered the matter of the request from Roger Simundson on behalf of Simundson, Durkin and Blazer for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) District and a portion of Amended Medvue PUD and to include within Medvue 2nd PUD (Planned Unit Development) District, Concept Development Plan, all of Blue Pines Second Resubdivision and including a Detailed Development Plan for One and Two Family Residence District on Block 1, Lots 1 and 2 (located east of South 34th Street between DeMers Avenue and Duke Drive), and recommended preliminary approval subject to special condi-tions 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 16, 1993; and approval of the issuance of a footing and foundation permit for one single family structure.

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

Council Member Hagness introduced 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 a portion of Amended Medvue PUD and to include within Medvue 2nd PUD (Planned Unit Development) District, Concept Development Plan, all of Blue Pines Second Resubdivision and including a Detailed Development Plan for One and Two Family Residence District, Block 1, Lots 1 and 2, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF COLUMBIA
PARK 14TH ADDITION, BLOCK 1, LOT 2

The City Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Arthur Greenberg, Jr. for preliminary approval of a Replat of Columbia Park 14th Addition, Block 1, Lot 2, Grand Forks, ND (located in the northwest corner of 32nd Avenue South and South 34th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

APPROVE PRELIMINARY PLAT; AND INTRODUCE ORDINANCE
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
R/W SHOWN AS DEDICATED ON THE PLAT OF THELMA'S FIRST
ADDITION

The City Planning and Zoning Commission reported having considered the matter of request from CPS, Ltd. on behalf of Thelma Olson and the First National Bank Trust Department for preliminary approval of a Plat of Thelma's First Addition, Grand Forks County, North Dakota, including a variance in the subdivision regulations, Section 18-0907 (5) Lot (A) Minimum Lot Area, Width and Depth (located on a portion of Government Lots 2 and 3, Section 21, Falconer Twp. (North Columbia Road), 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 16, 1993.

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

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July 19, 1993

Council Member Hagness 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 Thelma's First Addition to the city of Grand Forks, North Dakota, located on a portion of Government Lots 2 and 3, Section 21, Falconer Twp (North Columbia Road)", which was presented, read and passed on its first reading.

APPROVE APPOINTMENT TO LIBRARY BOARD

Mayor Polovitz announced the appointment of Duane Luessenheide to the Grand Forks Public Library Board of a three-year term which expires July 1, 1996, and asked for concurrence in this appointment. It was moved by Council Member Hagness and seconded by Council Member Glassheim that this appointment be and is hereby approved. Carried 13 votes affirmative.

APPROVE 1993 AIRPORT AUTHORITY BOND ISSUE
FOR FINANCING/REFINANCING OF VARIOUS PROJECTS

The city auditor reported that the matter of authorizing issuance of Airport Revenue Bonds in the amount of $4.1 Million for the financing of three construction projects and two refinancing projects at the Grand Forks Interna-tional Airport was again before the council. He reported the matter had been considered and passed on June 7, 1993; reconsidered on June 21 and tabled until this evening.

Council Member Beyer reported that the ad hoc committee met with the Airport Authority Board and have come up with recommendations; and that there is a member of the Board present who would like to make some comments before the committee makes its recommendations.

Dave Molmen, 398 Woodland Circle, member of the Airport Authority Board, stated that there are some immediate issues - that they would like to have Authority Board brought back to full strength, and want to proceed with the projects they have proposed and would appreciate the passage of the bond issue. He stated they have also been doing work on collateral issues in addition to the bond issues, that they have made contact with airport employ-ees, airport tenants and general aviation people, and setting up opportunities to hear from and work with both of those groups to hear their issues and to continue to work on making the Grand Forks Airport a more attractive place for business, commerce, for all of our tenants, for general aviation and for the general public, and would appreciate council's moving forward on those issues.

Council Member Beyer moved to adopt the resolution approving issuance of
up to $4.1 Million of Airport Revenue Bonds, contingent upon a viable fixed base operator: Document No. 6128. Council Member Hanson seconded the motion.

It was then moved by Council Member Carpenter and seconded by Council Member Kulas to amend the motion to delete the contingency "contingent upon a viable fixed base operator".

Howard Swanson, city attorney, expressed some concern about the contingency; that the phrase of viable fixed base operator is not one that bond counsel could include in any prospectus or bond document.

After considerable discussion Council Member Johnson moved an amendment, which was seconded by Council Member McCabe, to proceed with issuing of the bonds for Federal Express expansion and for the fuel farm, but to hold the mainte-nance facility and act on that when a solid proposal is presented to the Airport Authority.

Mr. Swanson, city attorney, advised that is an appropriate motion, but would
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need to identify maximum dollar amount.

After further discussion and upon call for the question on the second amend-ment, and upon roll call vote, the following voted "aye": Council Members Crawford, Johnson, McCabe, Glass-heim - 4; voting "nay": Council Members Carpenter, Lien, Beyer, Geller, Hagness, Beach, Hoeppner, Kulas, Hanson - 9. Mayor Polovitz declared the amendment defeated.

Upon call for the question on the first amendment and upon voice vote, the motion carried 12 votes affirmative; Council Member Johnson voted against the amendment.

Upon call for the question on the original motion, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, Hoeppner, Kulas, Hanson, Carpenter, Lien, Beyer, Geller, Hagness - 9; voting "nay": Council Members McCabe, Glassheim, Crawford, Johnson - 4. Mayor Polovitz declared the motion carried and the resolution adopted.

INTRODUCE ORDINANCE TO INCREASE MEMBERSHIP
OF AIRPORT AUTHORITY BOARD, AND TO INCLUDE
WITHIN QUALIFICATION REQUIREMENTS OF MEMBERS
THAT ONE MEMBER BE HOLDER OF CURRENT PILOT'S
LICENSE

Council Member Beyer moved to introduce an ordinance to increase the member-ship of the Authority Board by two members, one being a member of the city council, and one being a member of the County Commission. The motion was seconded by Council Member McCabe.

Howard Swanson, city attorney, advised that because of unique creation of the Airport Authority, any change would be by ordinance and would require joint concurrence by the County Commissioners.

It was moved by Council Member Johnson to amend the motion to include within the qualification requirements of all members of the Board that a current license status be maintained by the license holder. The amendment was seconded by Council Member Beyer.

After considerable discussion Council Member McCabe called for the question; carried 12 votes affirmative, Council Member Lien voted no.

It was moved by Council Member Geller and seconded by Council Member McCabe to split the question. Carried 13 votes affirmative.

Upon call for the question on the motion to include current license require-ment for the member who is a license holder, and upon voice vote, the motion carried 13 votes affirmative.

Council Member Geller introduced an ordinance entitled "An ordinance amending Article 2, Chapter XX, of the Grand Forks City Code relating to the membership of the regional airport authority", which was presented, read and passed on its first reading.

Upon call for the question on the motion to increase membership of the authority board, and upon roll call vote, the following voted "aye": Council Members McCabe, Hanson, Glassheim, Crawford, Carpenter, Beyer, Johnson, Hagness - 8; voting "nay": Council Members Beach, Hoeppner, Kulas, Lien, Geller - 5. Mayor Polovitz declared the motion carried.

Council Member Beyer introduced an ordinance entitled "An ordinance amending Article 2, Chapter XX, of the Grand Forks City Code relating to the membership 13217
July 19, 1993

of the regional airport authority", which was presented, read and passed on its first reading.

It was moved by Council Member Beyer and seconded by Council Member Hanson to disband the airport ad hoc committee at this time. Carried 13 votes affirma-tive.

APPROVE APPOINTMENT TO THE AIRPORT AUTHORITY

The matter of appointments to the Airport Authority was brought before the council.

Howard Swanson advised that the requirement of current license holder not yet in Code and not effective until second reading by this body and joint adoption by the county commission.

It was moved by Council Member Beach and seconded by Council Member Hanson to approve the appointment of Alan Warcup to the airport authority board for a five-year term.

Council Member McCabe asked to be excused from voting on this matter. It was moved by Council Members Beyer and Lien that Council Member McCabe be excused from voting on this matter. Carried 12 votes affirmative.

Mr. Swanson advised that the Code sets out the requirements, that one commis-sioner's term has expired, another commissioner has resigned mid-term, and the mayor has ability to nominate individuals for both vacancies, and mayor has nominated Mr. Warcup for the five-year term, and you would yet to act upon the balance of the term that was resigned.

It was moved by Council Member Carpenter and seconded by Council Member Geller to table this matter until August 2, 1993. Carried 12 votes affirmative; Council Member Beach voted against the motion.

It was moved by Council Member Beyer and seconded by Council Member Hanson to approve the appointment of William Coutts to fill the unexpired term on the Board, which expires July, 1995. Carried 13 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented and/or referred to committee as follows:
1) Council Member Kulas reported he had received request from resident at 1606 1st Avenue North that the matter of enforcement of ordinance against commercial enterprises operating in a residential area be referred to commit-tee, that resident at 1612 1st Avenue North operating business and decreasing value of her property, and other complaints as well. Mayor Polovitz referred the matter to the public service committee.
2) Council Member Hanson stated that it was his understanding that once the committee has disbanded and upon the culmination of that opportunity that the Authority Board has procedures to deal with concerns of the Authority, it is not now, nor has it been, the responsibility of the city council to legislate policy regarding the airport employees, so if the airport employees have some problems that from this point in time on, they deal with the airport authori-ty.
3) Council Member Glassheim asked that the request to look at the repeal or limitation of the 8% park district ordinance be referred; Mayor Polovitz referred the matter to the Planning and Zoning Commission.


ADOPT RESOLUTION ON BUDGET PROCESS FLOW

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Council Member Glassheim presented resolution from the Budget Committee, and reported that the Budget/Policy Review Committee had met last week, and recommended that the council enter the budget process before they get the final detailed budget from the mayor and that the council meet as a committee of the whole session at which time they could vote on priority items, which the mayor would then review and integrate into budget before giving back for detailed consid-eration; that's what this budget process flow is intended to do; and introduced the resolution for adoption: Document No. 6129 - Resolu-tion.

It was moved by Council Member Glassheim and seconded by Council Member McCabe that this resolution be and is hereby adopted.

Mayor Polovitz and the city auditor expressed concern because of time re-straints, and suggested looking at that process for next year.

After discussion and upon call for the question, which carried 11 votes affirmative, with Council Members Crawford and Carpenter voting against the call for the question.

Upon roll call vote on the adoption of the resolution, the following voted "aye": Council Members McCabe, Hoeppner, Hanson, Glassheim, Crawford, Carpen-ter, Beyer, Geller, Johnson - 9; voting "nay": Council Members Beach, Kulas, Lien, Hagness - 4. Mayor Polovitz declared the motion carried and the resolution adopted.

REFER ADDITIONAL ITEMS TO COMMITTEE

4) Proposal for voice mail in City Hall. Mayor Polovitz referred the matter to the finance committee.
5) matter of change in job description of city auditor and deputy city auditor (with no effect on pay); Mayor Polovitz referred the matter to the finance committee.
6) Matter of change in service fees charged under Section 15-0118 of the City Code; Mayor Polovitz referred the matter to the finance committee.

APPROVE PLANS FOR PHASE I OF ADDITION TO FOREIGN
TRADE ZONE BUILDING, AND AUTHORIZE CALL FOR BIDS

Committee No. 4, Urban Development, reported having considered the matter of plans for Phase I of second addition to the Foreign Trade Zone building, 4910 10th Avenue South, and recommended that we authorize advertisement for bids for expansion of the FTZ building, with bids to be due August 17, 1993.

It was moved by Council Member Carpenter and seconded by Council Member Lien that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.

AUTHORIZE CITY ATTORNEY TO REVIEW APPLICATIONS
FOR SUNDAY ALCOHOLIC BEVERAGE SALES

Mr. Swanson, city attorney, reported that on August 1 of this year, Sunday alcohol sales will be permitted, that council could delegate authority to an official or not entertain applications until your next meeting on the 2nd. He also advised that those establishments that presently hold either a Sunday beer and wine license or a Sunday alcohol license need to nothing further; those that have not previously qualified and wish to undertake Sunday sales are the ones that need to qualify and apply. Those applications are ultimate-ly reviewed by both the auditor's office and the police department as well.

It was moved by Council Member Johnson that we grant authority to city
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attorney to issue those licenses. Council Member Geller seconded the motion. Upon call for the question and upon voice vote, the motion carried.

MATTER OF AIRPORT ISSUE

Mark Froemke, president of Northern Valley Labor Council, and who resides at 1027 Lanark Avenue, addressed the council and stated that there was a number of people present who would have liked opportunity to speak to the issue of the Airport Authority, but didn't know procedures; but either, consciously or uncon-scious-ly, Mayor didn't ask anybody else if they would like the opportuni-ty to speak; and so would like for you to be aware the next time.

Mayor Polovitz stated in response that he did not avoid the issue as far as the public was concerned, and that he will announce before the council meeting begins that anybody in the audience is allowed to come forward to address any issue. Mr. Froemke stated he appreciated Mayor's words.

ADJOURN

It was moved by Council Member Beyer and seconded by Council Member Lien that we do now adjourn. Carried 13 votes affirmative.

Respectfully submitted,



Donald O. Tingum
City Auditor

Approved:

Michael Polovitz, Mayor