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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Tuesday, September 7, 1993

The city council of the city of Grand Forks, North Dakota met in its regular session in the Civic Auditorium on Tuesday, September 7, 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, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; absent: none.

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

APPROVE MINUTES JULY 19, 1993

Typewritten copies of the minutes of the adjourned meeting held on July 19, 1993 were presented and read. It was moved by Council Member Kulas and seconded by Council Member Hanson that these minutes be approved as read. Carried 14 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF ULLAND PARK 1ST 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 Ulland Park 1st Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 16, 1993, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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

The City Planning and Zoning Commission reported having considered the matter of request from CPS, Ltd. on behalf of the Grand Forks Park District of Grand Forks, ND for final approval of a plat of Ulland Park 1st Addition lying in the N Half of the North Half of Section 28, Grand Forks T151N of R50W less the NE Quarter of the NE Quarter thereof (located south of 47th Avenue between South Columbia Road and South Washington Street), and recommended tabling the request, including postponing the public hearing and passage of the ordinance amending the Street and Highway Plan until October 18, 1993, with the under-standing that a member of the Grand Forks Township Board, the Grand Forks County Commissioners, the City Council, the City Planning and Zoning Commis-sion, and the Grand Forks Park District will meet to discuss issues raised prior to the October 6, 1993 Planning and Zoning Commission meeting.

It was moved by Council Member Hagness and seconded by Council Member Glass-heim that this recommendation be and is hereby approved. Carried 14 votes affirmative.

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

It was moved by Council Member Hoeppner and seconded by Council Member Glassheim that the public hearing and second reading of the ordinance be continued until October 18, 1993. Carried 14 votes affirmative.

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ADOPT ORDINANCE NO. 3320, RELATING TO
TIMES FOR CONDUCTING GAMES OF CHANCE

An ordinance entitled "An ordinance amending Section 9-0305 (3) of the Grand Forks City Code relating to the times for conducting of games of chance", which had been introduced and passed on its first reading on August 14, 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, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3321, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE (SANITATION DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993" (Sanitation Department - Solid Waste Management Grant), which had been introduced and passed on its first reading on August 16, 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, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3322, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE (HEALTH DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993" (Health Department - Nutrition Dental Health Grant), which had been introduced and passed on its first reading on August 16, 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, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT RESOLUTION VACATING UTILITY EASEMENT
IN BLOCK 2, C & N RESUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate and discontinue the existing utility easement located within Lots 3, 4, 5 and 14, Block 2, C & N Resubdivi-sion, 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 Kulas and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest on the request for vacation. Carried 14 votes affirmative.

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Council Member Kulas introduced the following resolution of vacation which was presented and read: Document No. 6146 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Shores that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION VACATING PORTION OF SCREENING
EASEMENT IN WESTWARD ACRES SUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate and discontinue 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 Subdivision (2500 block of 7th Avenue South), the required legal notice had been published calling for a public hearing to be held this evening and further that no protests or grievances had been filed with his office.

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

It was moved by Council Member Hanson and seconded by Council Member Hoeppner that we do hereby find and determine an insufficiency of protest on the petition for vacation. Carried 14 votes affirmative.

Council Member Hagness introduced the following resolution of vacation which was presented and read: Document No. 6147 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Shores that this resolution be and is hereby adopted. Carried 14 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 1510 NORTH 6TH STREET

The city auditor reported that the public hearing on the application by Darwin Trottier to move a garage from 618 Oak Street to 1510 North 6th Street had been published and posted.

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

Committee No. 3, Public Service, reported having considered the application for moving permit by Darwin Trottier to move building from 618 Oak Street to 1510 North 6th Street to be used as a garage, and recommended that the application be approved, subject to the public hearing.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved, and further that Mr. Trottier be and is hereby authorized to move the building. Carried 14 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 524, PROJECT NO. 4087

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. 524, Project No. 4087, paving on South 38th Street from the north lot line of Lot 8, Block 2, Birkholz' 4th Addition to 24th Avenue South, and South 36th Street from 21st Avenue South to the south side of 22nd Avenue South, and 22nd Avenue South from South 38th Street to South 36th Street, had expired on August 27, 1993, and that he had received no written protests.

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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 Kulas introduced the following resolution as to protests which was presented and read: Document No. 6148 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Paving District No. 524, Project No. 4087, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, PAVING PROJECT NO. 4087,
DISTRICT NO. 524

The city auditor presented and read the tabulation of bids which had been received and opened on August 23, 1993 for Paving Project No. 4087, District No. 524, paving on South 38th Street from the north lot line of Lot 8, Block 2, Birkholz' 4th Addition to 24th Avenue South, and South 36th Street from 21st Avenue South to the south side of 22nd Avenue South, and 22nd Avenue South from South 38th Street to South 36th Street, indicating that Nodak Contracting was low bidder based upon their bid in the amount of $157,018.75: Document No. 6149 - Bid Tabulation.

The city engineer's estimate of total cost on paving Project No. 4087, District No. 524, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4087, District No. 524, paving on portions of South 38th Street, South 36th Street and 22nd Avenue South in Birkholz' 4th Addition, and recommended that we accept the low bid of Nodak Contracting in the amount of $157,018.75.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6150 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Glassheim that this resolution awarding the contract for Paving Project No. 4087, District No. 524, 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, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 520, PROJECT NO. 4116

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. 520, Project No. 4116, paving on Homestead Circle in Sunbeam 5th Resubdivision, had expired on August 27, 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 McCabe introduced the following resolution as to protests which was presented and read: Document No. 6151 - Resolution.
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It was moved by Council Member McCabe and seconded by Council Member Hoeppner that we do hereby find and determine an insufficiency of protest against Paving District No. 520, Project No. 4116, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL COST,
AND AWARD CONTRACT, PAVING PROJECT NO. 4116, DISTRICT
NO. 520

The city auditor presented and read tabulation of bids which had been received and opened on Monday, August 23, 1993 for Paving Project No. 4116, District No. 520, paving on Homestead Circle, indicating that Valley Contracting Company was low bidder based upon their bid in the amount of $45,639.05: Document No. 6152 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4116, District No. 520, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Paving Project No. 4116, District No. 520, paving Homestead Circle, and recommended that we accept the low bid of Valley Contracting Company in the amount of $45,639.05.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Beach introduced the following resolution which was presented and read: Document No. 6153 - Resolution.

It was moved by Council Member Beach and seconded by Council Member Beyer that this resolution awarding the contract for Paving Project No. 4116, District No. 520, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, hoeppner, Kulas, hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 525, PROJECT NO. 4129

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. 525, Project No. 4129, paving on 11th Avenue South between South 34th Street and South 36th Street, had expired on September 3, 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. 6154 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Kulas that we do hereby find and determine an insufficiency of protest against Paving District No. 525, Project No. 4129, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, PAVING PROJECT NO.
4129, DISTRICT NO. 525
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The city auditor presented and read tabulation of bids which had been received and opened on Monday, August 30, 1993 for Paving Project No. 4129, District No. 525, paving on 11th Avenue South between South 34th and 36th Streets, indicating that Valley Contracting Company was low bidder based upon their bid in the amount of $79,247.46: Document No. 6155 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4129, District No. 525, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4129, District No. 525, paving 11th Avenue South, and recom-mended that we accept the low bid of Valley Contracting in the amount of $79,247.46, contingent upon payment of the up-front monies by the developer.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 6156 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this resolution awarding the contract for Paving Project No. 4129, District No. 525, to Valley Contracting Co. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Hoeppner and seconded by Council Member Kulas that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back with recommendation.

Public Safety Committee:
1) matter of crosswalk at South 10th Street and 32nd Avenue South.
2) matter of change in corporate structure of Himax, Inc. dba Griggs Landing.

Public Service Committee:
1) matter of garage and sidewalk at 415 North 7th Street.
2) matter of drainage problem on 13th Avenue North.

APPROVE BILLS

Vendor Payment Listing No. 93-15, dated September 7, 1993, and totaling $501,650.25, 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 Carpenter and seconded by Council Member Shores 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, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

AUTHORIZE INCREASE IN UTILITY RATES

The Utility Rate Study Committee reported having reviewed the 1994 budget and recommended an increase in various enterprise funds and that we increase water rates 5 1/2% effective January 1, 1994; that we increase wastewater rates 5%
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September 7, 1993

effective January 1, 1994; and that we increase stormwater rates 5% effective January 1, 1994.

It was moved by Council Member Kulas and seconded by Council Member Hagness 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, Shores, Geller, Johnson, Hag-ness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

SUSPEND RULES AND CONSIDER ITEM RELATIVE
TO BUDGET AMENDMENT TO ALLOW PURCHASE OF BUSES

Council Member Kulas asked that the rules be suspended and that agenda item No. 7-47 relative to amending the budget to allow purchase of buses be considered. The motion was seconded by Council Member McCabe. Carried 14 votes affirmative.

AMEND BUDGET TO ALLOW PURCHASE OF BUSES

The Bus Committee reported having considered the matter of amendment to the budget allowing purchase of six low-floor buses for $212,500.00, and recom-mended that the budget be amended from $125,000 for three new low-floor buses to $212,500.00 for six new low-floor buses.

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

Council Member Kulas reported that there is a new ration available which would reduce the City's share; that Mr. Ulland of Public Transportation Department has informed them that there is no guarantee they will get 6 buses this year, but would get them next year, that it costs more to retro-fit the buses than to purchase new buses, and would increase budget for this capital item from sales tax surplus funds.

After further discussion and upon voice vote, the motion carried 14 votes affirmative.

APPROVE PRELIMINARY BUDGET FOR 1994

The preliminary budget for the fiscal year ending December 31, 1994 was presented to the city council, copies of the proposed preliminary budget had been delivered to all members of the city council.

It was reported that the Committee of the Whole had considered the preliminary budget for 1994 and it was moved by Council Member Glassheim and seconded by Council Member Kulas that we approve the preliminary budget as presented.

Council Member Geller stated he would like to make plea for additional police officer and community health nurse, that in discussing the health nurse position with the director of the health department, it was stated that this position could be funded through 5% rebate on worker's compensation premiums by initiating these types of programs, and through other health grants. Council Member Geller moved to amend the preliminary budget to include one additional health nurse position (occupational health nurse) in the health department and one additional police officer in the police department; Council Member Hanson seconded the motion.

Ken Schultz, executive director of the health department, and Debbie Swanson, community health nurse, spoke in favor of the additional nursing position.

After some discussion it was moved by Council Member Hanson and seconded by
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Council Member Crawford to amend the motion to approve the position for two years on a trial basis, contingent upon funding through Workers' Comp. rebate and grants. Carried 14 votes affirmative.

Upon call for the question on the amendment, as amended, and upon voice vote, the motion carried 13 votes affirmative; Council Member Carpenter voting against the motion.

Mayor Polovitz reported he had talked with Senator Conrad relative to Air Base retention, that City has responsibility to do as much as it can to fight for base, that we have period of two years, that it is duty of council to put monies in budget for retention of Base in 1995. It was moved by Council Member Hagness and seconded by Council Member McCabe that we transfer $100,000 from Economic Development to the General Fund for base retention.

Council Member Carpenter stated he disagreed with the source of funds, and amended motion to take monies out of the 10% excess sale tax monies. The motion was seconded by Council Member Beyer.

Richard Olson, Grand Forks Development Foundation, stated he appreciates concern, that Grand Forks is operating economic development on less monies than other cities.

After considerable discussion and upon call for the question on the amendment and upon voice vote, the motion carried 14 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 14 votes affirmative.

Upon call for the question on the adoption of the preliminary budget, as amended, and upon voice vote, the motion carried 14 votes affirmative.

Council Member Hanson introduced an ordinance entitled "The Annual Appropria-tion Bill appropriating the sums of money necessary to defray expenses and liabilities of the City of Grand Forks, North Dakota, and making the annual tax levy for fiscal year beginning January 1, 1994 and ending December 31, 1994", which was presented, read and passed on its first reading.

RECESS FOR 5-MINUTES

The council meeting reconvened at 8:55 p.m. with all members present.

APPLICATION FOR PROPERTY TAX EXEMPTION BY
COCA COLA BOTTLING COMPANY WITHDRAWN

The city auditor reported that the application for property tax exemption by the Coca Cola Bottling Company for property at 724 North 47th Street had been withdrawn.

DENY APPLICATION FOR ABATEMENT OF 1991 TAXES
FOR PROPERTY AT 130 SEWARD AVENUE

Committee No. 1, Finance, reported having considered the application for abatement of 1991 taxes by Ann C. Peterson, 130 Seward Avenue, for Lots 1 and 2, Block 6, Riverside Park Addition, and recommended that we deny the applica-tion.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

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ADOPT POLICY RELATIVE TO AWARDING PROPERTY
TAX EXEMPTIONS.

Committee No. 1, Finance, reported having considered the matter of awarding property tax exemptions, and recommended adoption of same recommendation as approved by the Urban Development Committee.

It was moved by Council Member Shores and McCabe that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Committee No. 4, Urban Development, reported having considered the matter of awarding property tax exemptions, and recommended that requests for tax increment financing and tax exemptions relating to economic development projects will be referred simultaneously to the finance committee and the urban development committee; that the finance committee will be responsible for assessing the availability of funds and determining the fiscal impact of the project on the City and will forward their recommendation to the urban development committee; that the urban development committee will review the recommendation of the finance committee and will be responsible for determin-ing the need for tax increment financing or tax exemptions and for determining the overall impact the project will have on the community; the urban develop-ment has the option to refer the matter to the Growth Fund for more detailed review.

It was moved by Council Member Carpenter and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

DENY REQUEST TO REPAY EXCESS HEALTH INSURANCE
MONIES TO EMPLOYEES AS INCREASE PERCENTAGE OF
WAGES

Committee No. 1, Finance, reported having considered the matter of 1994 excess health insurance monies and converting excess health insurance monies into increased percentage of wages, and recommended to deny this request.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

INTRODUCE ORDINANCE AMENDING ANNUAL APPROPRIATIONS
BILL ORDINANCE FOR 1993 (COMMUNITY RELATIONS BUDGET)

A request to amend Community Relations budget to reflect a grant from the Turtle Mountain Board of Chippewa Indians for Native American Homeless - Grand Forks City Mission in the amount of $5,800.00 was presented. It was moved by Council Member Shores and seconded by Council Member McCabe that this amend-ment be approved. Carried 14 votes affirmative.

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

RECEIVE AND FILE MATTER OF EXTENDING COLLECTION
OF MOSQUITO CONTROL FEES

Committee No. 1, Finance, reported having considered the matter of extending collection of mosquito control fees, and recommended to receive and file.

It was moved by Council Member Shores and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 14 votes affirma-
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tive.

APPROVE REQUEST BY GRAND FORKS PUBLIC SCHOOLS
TO BLOCK PORTIONS OF STREETS FOR BAND PRACTICE

Committee No. 2, Public Safety, reported having considered the request by Grand Forks Public Schools for blocking of streets for band to practice marching in preparation for Potato Bowl parade from 7:55 a.m. to 8:55 a.m. weekdays September 7 through 17, and recommended approval be granted to allow the Grand Forks Public Schools to block Second Avenue North starting at alley between old YWCA building and Social Security Office to southerly edge of civic auditorium parking lot and blocking 6th Street North from 1st Avenue North through 2nd Avenue North provided that the school system work with police department, inform public of this activity and sign hold harmless with city attorney.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

APPROVE REQUEST FOR PARADE DURING FIRE
PREVENTION WEEK

Committee No. 2, Public Safety, reported having considered the request to hold parade on October 9 during Fire Prevention Week, and recommended approval be granted to hold parade on October 9.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 14 votes affirm-ative.

APPROVE REQUEST BY FIRST NATIONAL BANK TO HOLD
ROAD RACES ON OCTOBER 9

Committee No. 2, Public Safety, reported having considered the request by First National Bank to hold 60th Anniversary road races on October 9, and recommended approval be granted for First National Bank to hold 60th Anniver-sary road races on October 9, 1993.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

APPROVE REQUEST BY ARC TO USE BIKEPATH FOR
IN-LINE SKATING EVENT

Committee No. 2, Public Safety, reported having considered the request by ARC to use bikepath for in-line skating event, and recommended approval be granted to hold event on September 19, 1993.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

APPROVE REQUEST TO BLOCK PORTION OF BELMONT
ROAD DURING CHURCH BLOCK PARTY ON SEPTEMBER 12

Committee No. 2, Public Safety, reported having considered the request by St. Mary's Catholic Church, St. Paul's Episcopal Church, United Lutheran Church and First Presbyterian Church for block party on Sunday, September 12, beginning at 12:00 p.m. and block of intersections of Belmont Road at Gertrude 13263
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Avenue and Third Avenue South, and at South 6th Street between the hours of 2:45 and 3:45 p.m., and recommended that we approve the request.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

APPROVE PARKING IN TIMED ZONED IN DOWNTOWN DURING
NDEA CONVENTION OCTOBER 13-15

Committee No. 2, Public Safety, reported having considered the matter of downtown parking during NDEA Convention October 13-15, 1993, and recommended that time-zoned areas in the Central High School area will not be ticketed during the NDEA Convention October 13-15, 1993, provided that the NDEA Convention Committee inform individuals attending the convention.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

APPROVE APPLICATION BY HAPPY HARRY'S TAX
FREE LIQUOR, INC. FOR OFF SALE ALCOHOLIC
BEVERAGE LICENSE AT 2051 32ND AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the application by Happy Harry's Tax Free Liquor, Inc., 2051 32nd Avenue South, for Class 2 Off Sale Alcoholic Beverage license, and recommended approval be granted.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

APPROVE TRAFFIC SAFETY CONTRACT FOR 1994

Committee No. 2, Public Safety, reported having considered the matter of Traffic Safety contract for 1994, and recommended that the Traffic Safety contract for 1994 be approved.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

RECEIVE AND FILE MATTER OF SUBSIDIZING BUILDING
OF BIRD HOUSES FOR PURPLE MARTINS

Committee No. 2, Public Safety, reported having considered the matter of subsidizing building of bird houses for purple martins for mosquito control, and recommended to receive and file.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

ACCEPT BID FOR RADIO EQUIPMENT FOR FIRE DEPARTMENT

Committee No. 2, Public Safety, reported having considered the bids for radio equipment for the fire department, and recommended that we accept the bid of Stone's Mobile Radio in the amount of $16,053.00, subject to review by the mayor.

It was moved by Council Member Hoeppner and seconded by Council Member Geller
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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, Shores, Geller, Johnson, Hag-ness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE TRANSFER REQUESTS; AND INTRODUCE ORDINANCES
AMENDING ANNUAL APPROPRIATIONS BILL ORDINANCE FOR 1993

A request to transfer $16,400.00 within the E-911 System budget had been reviewed by the Public Safety Committee. It was moved by Council Member Hoeppner and seconded by Council Member Geller that this transfer be and is hereby ap-proved. Carried 14 votes affirmative.

A request to transfer $166,000.00 within the E-911 System budget had been reviewed by the Public Safety Committee. It was moved by Council Member Hoeppner and seconded by Council Member Geller that this transfer be and is hereby approved. Carried 14 votes affirmative.

A request to amend the Local Health Services budget to reflect a grant in the amount of $10,233.00 had been reviewed by the Public Safety Committee. It was moved by Council Member Hoeppner and seconded by Council Member Geller that this amendment be and is hereby approved and that an ordinance be introduced for first reading. Carried 14 votes affirmative.

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

A request to amend the Communicable Disease budget to reflect immunization initiative grant monies in the amount of $13,500.00 had been reviewed by the Public Safety Committee. It was moved by Council Member Hoeppner and seconded by Council Member Geller that this amendment be and is hereby approved and that an ordinance be introduced for first reading. Carried 14 votes affirma-tive.

Council Member Beyer introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993" (Health Department - Communicable Disease budget), which was presented, ree, reported having considered the matter of selection of engineering consultant for City Project 4045, water plant improve-ments, and recommended that we authorize entering into a contract with Advanced Engineering & Environmental Services, Inc. to provide engineering services for the project.

It was moved by Council Member Glassheim and seconded by Council Member Beach 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, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

ACCEPT QUOTES FOR IMPROVEMENTS TO ELEVATED
WATER STORAGE TANKS

Committee No. 3, Public Service, reported having considered the proposed improvements to water towers, and recommended that we accept the quote of Maguire Iron, Inc. in the amount of $10,600.00 to furnish and install overflow pipe on UND elevated water tank.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 3, Public Service, reported having considered the proposed improvements to water towers, elevated water tank at North Washington Street underpass, and recommended that we accept quote of Maguire Iron, Inc. in the amount of $8,700.00 to furnish and install overflow pipe, and to do minimal scraping, spot priming and painting in the amount of $20,200.00, for a total quote of $28,900.00.

It was moved by Council Member Glassheim and seconded by Council Member Beach 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, Shores, Geller, Johnson, Hagness --14; voting "nay": none. Mayor Polovitz declared the motion carried.

ACCEPT BID FOR SIDEWALK SNOW REMOVAL EQUIPMENT

Committee No. 3, Public Service, reported having considered the bids for sidewalk snow removal equipment for the street department, and recommended
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that we accept the bid of Reach Equipment, Bloomington, MN in the amount of $44,944.00, including trade-in of existing equipment.

It was moved by Council Member Glassheim and seconded by Council Member Beach 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, Shores, Geller, Johnson, Hag-ness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE REQUEST FOR PROPOSALS FOR CONSULTING
ENGINEERING SERVICES FOR 1994 FEDERAL AID
PROJECTS

Committee No. 3, Public Service, reported having considered the request for proposals for 1994 federal aid projects: a) Project 4044, 6th Avenue North reconstruction; b) Project 4109, bridge replacement on South 42nd Street; and c) Project 3947, bikepath between DeMers Avenue and 17th Avenue South; and recommended that we authorize engineering staff to request proposals for engineering services for these projects.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

APPROVE AMENDMENT TO HIGHWAY BEAUTIFICATION
PROJECT ON GATEWAY DRIVE

Committee No. 3, Public Service, reported having considered the matter of amendment to Contract No. 90-065-0692, Project No. HDP-9243(01) Highway Beautification, and recommended that the City accept the following terms and conditions for extension of the contract as proposed by the North Dakota Department of Transportation: contract to be extended through June 30, 1995, and the contract amount will remain the same.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

AUTHORIZE RELOCATION OF SOUTH 42ND STREET
WITH 31ST AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of relocation of South 42nd Street at 32nd Avenue South, and recommended that we authorize putting in temporary T-intersection with 31st Avenue South.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

MATTER OF PEDESTRIAN AND BICYCLE ACCOMMODATION
ON GATEWAY DRIVE, PROJ. NH-6-002(043)354)

Committee No. 3, Public Service, reported having considered the Pedestrian and Bicycle Accommodation on Gateway Drive, Project NH-6-002(043)354), and recommended that we agree with the following conditions provided the North Dakota State Department of Transportation places a bikepath along Gateway Drive as a part of the scheduled reconstruction project: 1) maintain the bikeway; and 2) match the federal transportation enhancement funds which will be used for the bikeway, est. federal match 20%.

It was moved by Council Member Glassheim and seconded by Council Member Beach
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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, Shores, Geller, Johnson, Hag-ness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE LETTER OF AGREEMENT FOR PURCHASE OF
LAND FOR WETLANDS

Committee No. 3, Public Service, reported having considered the matter of easement for wetlands mitigation, and recommended that we approve letter of agreement for purchase of the land (approx. 7-8 acres) from Robert A. Vollrath at $462.50 per acre plus $500.00 for dam construction.

It was moved by Council Member Glassheim and seconded by Council Member Beach 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, Shores, Geller, Johnson, Hag-ness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO PRELIMINARY ENGINEERING
AGREEMENT WITH STATE DEPARTMENT OF TRANSPORTATION

Committee No. 3, Public Service, reported having considered the matter of preliminary engineering agreement with NDDOT on 32nd Avenue South reconstruc-tion, and recommended that we authorize the City to enter into the preliminary engineering agreement with the North Dakota State Department of Transporta-tion, subject to city engineer's comments.

It was moved by Council Member Glassheim and seconded by Council Member Beach 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, Shores, Geller, Johnson, Hag-ness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDER FOR DEMERS AVENUE BIKEPATH

Committee No. 3, Public Service, reported having considered the matter of Change Order #1 for DeMers Avenue bikepath (one-way gates), and recommended that we approve the change order using wood fence with two emergency gates at a cost of $523.70 each.

It was moved by Council Member Glassheim and seconded by Council Member Beach 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, Shores, Geller, Johnson, Hag-ness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO AGREEMENT WITH TKDA FOR
ARCHITECTURAL/ENGINEERING SERVICES FOR PUBLIC
WORKS FACILITY

Committee No. 3, Public Service, reported having considered the matter of the agreement for architectural/engineering services for a public works facility, and recommended that we authorize entering into an agreement for architectur-al/engineering services with TKDA, St. Paul, MN for design for adaptive reuse of an existing building to a new combined public works and maintenance facility on an hourly basis in an amount not to exceed $130,000.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, 13268
September 7, 1993

Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hag-
n-ess - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE EASEMENT FOR ELECTRICAL SERVICE TO
LEACHATE SYSTEM AT CITY LANDFILL

Committee No. 3, Public Service, reported having considered the easement for underground distribution line construction to provide electrical service to the leachate system at the city landfill along north line of existing sanitary landfill, City of Grand Forks, grantor, and Nodak Rural Electric Cooperative, grantee; and recommended that he easement be approved, and the proper City officials be and are hereby authorized to sign said easement.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

APPROVE BUDGET TRANSFERS

A request to transfer $50,000 from Highway Users Fund to Sidewalk Repair Fund 4891 for ADA approach walk revisions had been reviewed by the Public Service Committee. It was moved by Council Member Glassheim and seconded by Council Member Beach that this transfer be and is hereby approved. Carried 14 votes affirmative.

A request to transfer $34,500.00 within the Sanitation Department budget to cover part-time employees and overtime for holiday routes due to Sunday opening, had been reviewed by the Public Service Committee. It was moved by Council Member Glassheim and seconded by Council Member Beach that this transfer be and is hereby approved. Carried 14 votes affirmative.

A request to transfer $10,120.00 within the Wastewater Department budget to repair concrete liner on Cell 3 at lagoon had been reviewed by the Public Service Committee. It was moved by Council Member Glassheim and seconded by Council Member Beach that this transfer be and is hereby approved. Carried 14 votes affirmative.

COUNCIL MEMBER JOHNSON EXCUSED

MATTER OF COMMITTEE TO DRAFT PROPOSAL FOR
JOINT CITY/COUNTY HOUSING AUTHORITY

Committee No. 4, Urban Development, reported having considered the matter of Housing Authority committee, and recommended that the city attorney be requested to serve on the committee to draft proposal for joint City/County Housing Authority.

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

APPROVE RENTAL REHAB APPLICATION

Committee No. 4, Urban Development, reported having considered the matter of rental rehabilitation application at 504 South 4th Street by Jack and Lynda Caldis, and recommended that the rental rehab application for 504 South 4th Street be approved in the amount of $15,000.00.

It was moved by Council Member Hanson and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, 13269
September 7, 1993

Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hag-ness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE HOUSING REHAB. APPLICATIONS

Committee No. 4, Urban Development, reported having considered the matter of housing rehab. application for 724 North 4th Street by Clark and Debbie Thomson be approved in the amount of $5,000.00.

It was moved by Council Member Hanson and seconded by Council Member Carpenter 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, Shores, Geller, Johnson, Hag-ness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 4, Urban Development, reported having considered the matter of housing rehab. application at 924 Cherry Street, and recommended that the Housing Rehab. application for 924 Cherry Street be approved in the amount of $5,000.00.

It was moved by Council Member Hanson and seconded by Council Member Carpen-ter 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, Shores, Geller, Johnson, Hag-ness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE STOREFRONT APPLICATIONS

Committee No. 4, Urban Development, reported having considered the matter of storefront application at 420 DeMers Avenue by Jay and Chloe Sutliffe, The Garden, and recommended that this storefront project be funded for the full amount of $2,675.00.

It was moved by Council Member Hanson and seconded by Council Member Carpenter 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, Shores, Geller, Johnson, Hag-ness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 4, Urban Development, reported having considered the matter of storefront application at 211 South 4th Street by Tom Lerud, American Build-ing, and recommended that $5,000 be designated toward window improvements.

It was moved by Council Member Hanson and seconded by Council Member Carpenter 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, Shores, Geller, Johnson, Hag-ness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 4, Urban Development, reported having considered the matter of storefront application at 402 University Avenue by R.D.G., Inc. dba Severson Real Estate Company, and recommended that this storefront project be funded for the full amount of $1,712.50.

It was moved by Council Member Hanson and seconded by Council Member Carpenter 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, Shores, Geller, Johnson, Hag-ness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.


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AUTHORIZE PURCHASE OF PROPERTIES AT 1702 DYKE
AVENUE AND 409 WALNUT, AND OBLIGATE FUNDS FOR
DEMOLITION OF PROPERTY AT 409 WALNUT STREET

Committee No. 4, Urban Development, reported having considered the matter of acquisition of property at 1702 Dyke Avenue and 409 Walnut Street, and recommended that DSC's offer to sell both properties for $24,000 plus taxes and specials be accepted, to grant the Grand Forks Housing Authority $25,500 to purchase the property at 1702 Dyke Avenue, and to obligate up to $5,000 for the demolition of the building at 409 Walnut.

It was moved by Council Member Hanson and seconded by Council Member Carpenter 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, Shores, Geller, Johnson, Hag-ness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE YOUTH SPORTS GRANT FOR SUBMISSION

Committee No. 4, Urban Development, reported having considered the matter of Youth Sports grant, and recommended that we authorize the mayor to sign the grant and the grant be approved for submission.

It was moved by Council Member Hanson and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

INTRODUCE ORDINANCE TO AMEND ANNUAL APPROPRIATIONS
BILL ORDINANCE (HOUSING AUTHORITY)

Committee No. 4, Urban Development, reported having considered the budget amendment request and recommended that a budget for Grand Forks Housing be established for 1993 to reflect payroll services being provided by the City for Housing Authority employees, the budgeted amount being $132,435.00.

It was moved by Council Member Hanson and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

Council Member Carpenter introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993" (Grand Forks Housing Authority), which was presented, read and passed on its first reading.

APPROVE EAST GRAND FORKS TRANSIT SYSTEM
DRUG POLICY

The Bus Committee reported having considered the matter of approval of East Grand Forks Transit System drug policy, and recommended approval of the East Grand Forks Transit System drug policy, subject to review by the Grand Forks city attorney.

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

APPROVE AMENDMENT TO BUS SERVICE AGREEMENT WITH
EAST GRAND FORKS, MN

The Bus Committee reported having considered the matter of approval of amendment to bus service agreement with East Grand Forks, Minnesota, and
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September 7, 1993

recommended approval of an amendment mandated by the State of Minnesota requiring drug testing of bus drivers (FWHA requirement) amendment to be drafted by East Grand Forks city attorney.

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

SET PUBLIC HEARING RE. 1994 FTA SECTION 3
DISCRETIONARY GRANT FOR LOW-FLOOR BUSES

The Bus Committee reported having considered the matter of setting a public hearing date concerning the submittal of a 1994 FTA Section 3, Discretionary Grant for low-floor buses, and recommended that a public hearing be set for the 20th day of September, 1993 at 7:30 o'clock p.m. at the Grand Forks Civic Auditorium, and that public notice be given to that effect.

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

MATTER OF DISPOSITION OF RETIRED EMPLOYEES'
GUARANTEED PENSION FUNDS

The Pension Committee reported having considered the matter of AEtna Life Insurance Company contract relating to investments of retired employees' guaranteed pension funds, and recommended that we appoint Council Member Carpenter to consult with City Attorney Howard Swanson as to legal disposition of these funds under contract with AEtna Life Insurance Company.

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

ESTABLISH CRITERIA FOR EMPLOYEES TO FUND
CHANGES IN RETIREMENT AGE

The Pension Committee reported having considered the matter of establishing criteria for employees to fund up to five (5) years in changing retirement age from 65 to either 62 or 55 or from age 62 to 55, and recommended that the City adopt a resolution authorizing the city employees to fund the cost of changing retirement age through a payroll deduction plan up to a maximum of five (5) years with the interest rate set at the actuarial rate of 9%; an employee must be fully paid up before the new retirement age would be effective.

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

AUTHORIZE REQUEST FOR PROPOSALS FOR ACTUARIAL
CONSULTING FIRM FOR CITY PENSION PLAN, EFFECTIVE
JANUARY 1, 1994

The Pension Committee reported having considered the matter of selection of an actuarial consulting firm for City Pension Plan effective January 1, 1994, and recommended that we send out a request for proposal to pension actuarial consulting firms with proposals to be in by 2:00 p.m. on September 28, 1993.

It was moved by Council Member Kulas and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 13 votes affirma-tive.
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September 7, 1993

APPROVE FINAL PLAT OF REPLAT OF TOWN OF
GRAND FORKS, BLOCK 2, LOTS 1 AND 3

The City Planning and Zoning Commission reported having considered the matter of request from CPS, Ltd. on behalf of Eccles and Clements for final approval of a Replat of Town of Grand Forks, Block 2, Lots 1 and 3 (located at 519-523 North 3rd Street and 311 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 Hagness and seconded by Council Member Glass-heim that this recommendation be and is hereby approved. Carried 13 votes affirmative.

GRANT PRELIMINARY ADMINISTRATIVE REVIEW
AND APPROVE FINAL PLAT OF LANDER SUBDIVISION,
BLOCK 1, REPLAT OF LOTS 3 - 10

The City Planning and Zoning Commission reported having considered the matter of the request from Dakota Financial on behalf of Valley Markets, Inc. for preliminary administrative review (fast tract) and final approval of Lander Subdivision (Replat of White Clover, Block 10), Block 1, Replat of Lots 3 through 10 (located at 2503 South Washington Street), and recommended final approval subject to special conditions shown on or attached to the review copy.

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.

ACCEPT PETITION FOR VACATION OF SIDEWALK
AND UTILITY EASEMENT LYING WITH BFM 3RD
RESUBdIVISION, BLOCK 1, LOT 2

The City Planning and Zoning Commission reported having considered the matter of the petition from Dan Mikkelson on behalf of Francis Mikkelson for approval to vacate a 10-foot wide east/west sidewalk and utility easement lying within BFM 3rd Resubdivision, Block 1, Lot 2, beginning 25 feet east of the west lot line and extending easterly to 10 feet west of the east lot line (located west of South 21st Street and north of vacated 28th Avenue South), and recommended approval subject to conveying to the City of Grand Forks a 10-foot wide sidewalk and utility easement south of the subject easement and to set the date of the public hearing for October 18, 1993.

It was moved by Council Member Hagness and seconded by Council Member Glass-heim 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.

GRANT PRELIMINARY ADMINISTRATIVE REVIEW AND
FINAL APPROVAL OF PLAT OF MEDVUE ESTATES SIXTH
RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from the City of Grand Forks and the Grand Forks park District on behalf of Glenn and Lila Prigge for preliminary administrative review (Fast Tract) and final approval of Medvue Estates Sixth Resubdivision to the city of Grand forks, North Dakota (replaces Plat of same name approved by city council on August 17, 1993)(located west of South Columbia road between Knight Drive and 17th Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy and referral of the
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September 7, 1993

proposed agreement between the Prigges, the Park District, and the City to the public service committee.

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.

GRAND PRELIMINARY ADMINISTRATIVE REVIEW AND
FINAL APPROVAL OF 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 William A. Schoen and James Kobetsky for preliminary administrative review (fast tract) and final approval of Schoen and Kobetsky's 1st Addition to the city of Grand Forks, North Dakota (replaces plat of same name approved by city council on July 19, 1993) (located at 255 Elks Drive), and recommended final approval subject to special conditions shown on or attached to the review copy.

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.

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

The City Planning and Zoning Commission reported having considered the matter of the request from Theodore M. Camrud on behalf of Keith Danks etal. for preliminary approval of the plat of Dank's Addition to the city of Grand Forks, North Dakota, lying within a portion of the Northeast Quarter of Section 7, Township 151 North, Range 50 West of the 5th Principal Meridian (located in the southwest corner of DeMers Avenue and South 42nd 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 October 18, 1993.

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.

Council Member McCabe introduced an entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Danks Addition to the city of Grand Forks, North Dakota, lying in a portion of the NE-1/4 of Section 7, Township 151 North, Range 50 West of the 5th Principal Meridian", which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL TO MEDVUE PUD,
DETAILED DEVELOPMENT PLAN, PARKING EXPANSION FOR
MEDICAL PARK, MEDICAL PARK ADDITION, BLOCK 8 AND
MEDVUE ESTATES 1ST ADDITION, BLOCK 1

The City Planning and Zoning Commission reported having considered the matter of the request from H. J. Gallego on behalf of GFC Holding Company for preliminary approval of Medvue PUD, Detailed Development Plan, parking expansion for Medical Park, Medical Park Addition, Block 8, except the east 540 ft, and Medvue Estates 1st Addition, Block 1, except the east 540 ft. (located west of South Columbia Road between 14th Avenue South and Knight
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September 7, 1993

Drive), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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.

GRANT PRELIMINARY APPROVAL TO MED PARK PUD,
DETAILED DEVELOPMENT PLAN, PARKING EXPANSION
OF MEDICAL PARK, MEDICAL PARK 3RD ADDITION, BLOCK
1, LOT 2

The City Planning and Zoning Commission reported having considered the matter of the request from Eldon W. Zeller on behalf of United Hospital for prelimi-nary approval of MED Park PUD, Detailed Development Plan, parking expansion for Medical Park, Medical Park 3rd Addition, Block 1, Lot 2 (located east of Chemical Dependency Building), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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.

INTRODUCE ORDINANCE RELATING TO RULES AND
REGULATIONS OF SIGNS OVER A PUBLIC RIGHT OF WAY

The City Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks city council to review street banner regulations regarding length of time banner allowed and exemption of fees for political subdivision, and recommended preliminary approval of the ordinance amending the text of the Land Development Code relating to banner signs within public rights of way; to introduce the ordinance and to set the date of the public hearing for October 18, 1993.

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.

Council Member McCabe introduced an ordinance entitled "An ordinance adopting Article 3, Chapter XVIII of the Grand Forks City Code relating to the rules and regulations of signs over a public right of way", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND LAND DEVELOPMENT
CODE RELATING TO ALLOWING OF RETAIL SALES AND
STORAGE OF NON-HAZARDOUS MATERIALS AS PERMITTED
USE RATHER THAN CONDITIONAL USE

The City Planning and Zoning Commission reported having considered the matter of the request from the Planning Department for preliminary approval of the ordinance amending the text of the Land Development Code relating to allowing retail sales and storage of non-hazardous material as a permitted use rather than a conditional use, and recommended preliminary approval of the ordinance amending the text of the Land Development Code relating to allowing retail sales and storage of non-hazardous material as a permitted use rather than a conditional use; to introduce the ordinance and to set the date of the public hearing for October 18, 1993.

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.
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September 7, 1993

Council Member McCabe introduced an ordinance entitled "An ordinance amending Article 2, Chapter XVIII of the Grand Forks City Code relating to permitted and conditional uses in B-3 Zones", which was presented, read and passed on its first reading.

RECEIVE RESIGNATION FROM CITY AUDITOR

Mayor Polovitz announced that he received the resignation of Donald Tingum, city auditor, who is retiring after 30 years service with the City of Grand Forks effective December 31, 1993; that Mr. Tingum has been a dedicated and loyal employee of the City and will be sorely missed.

APPROVE APPOINTMENT TO PLANNING AND ZONING
COMMISSION

Mayor Polovitz announced the appointment of Frank Matejcek to the Planning and Zoning Commission for a five-year term expiring August 4, 1998, and asked for concurrence in this appointment. It was moved by Council Member Shores and seconded by Council Member Hagness that this appointment be and is hereby approved. Carried 13 votes affirmative.

COUNCIL MEMBER JOHNSON REPORTED BACK

REPORT FROM ADVISORY COMMITTEE ON PUBLIC
WORKS DIRECTOR POSITION

Mayor Polovitz reported that the Advisory Committee had recommended to continue Mr. Lambrecht in the acting public works director position for one more year, with Mr. Vein acting director. It was moved by Council Member Beyer and seconded by Council Member Lien that this recommendation be and is hereby approved. Carried 14 votes affirmative.

MATTER OF TOUR OF WINNIPEG DOWNTOWN/RIVERFRONT
DEVELOPMENT

Mayor Polovitz reminded council members that consultants on downtown develop-ment have scheduled tour of the Winnipeg downtown/riverfront development on September 21.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 246, dated August 31, 1993 and totaling $1,431,629.22, was presented and read.

It was moved by Council Member Hanson and seconded by Council Member Kulas that these estimates be and are hereby approved, and that the city auditor be and is hereby 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, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the city council: Watermain Project No. 4070, District No. 227; Watermain Project No. 4075, District No. 226; and Paving Project No. 4081, District No. 515.

It was moved by Council Member Kulas and seconded by Council Member Shores
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that this recommendation be and is hereby approved. Carried 14 votes affirma-tive.

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS SEWER PROJECT NO. 3790 ON
ESTIMATED COST BASIS

Council Member Kulas introduced the following resolution certifying that the total cost of Sewer Project No. 3790, District No. 339, is estimated to be $56,000.00, and directing that special assessments be levied for the payment of the entire cost of said work, and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 6157 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS STREET LIGHTING PROJECT NO.
3952 ON ESTIMATED COST BASIS

Council Member Kulas introduced the following resolution certifying that the total cost of Street Lighting Project No. 3952, District No. 91, is estimated to be $20,000.00, and directing that special assessments be levied for the payment of the entire cost of said work, and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 6158 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS SEWER PROJECT NO. 3984 ON
ESTIMATED COST BASIS

Council Member Kulas introduced the following resolution certifying that the total cost of Sewer Project No. 3984, District No. 343, is estimated to be $45,000.00, and directing that special assessments be levied for the payment of the entire cost of said work, and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 6159 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS WATERMAIN PROJECT NO. 4070
ON ESTIMATED COST BASIS

Council Member Kulas introduced the following resolution certifying that the total cost of Watermain Project No. 4070, District No. 227, is estimated to be $32,000.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 6160 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.



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ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS PAVING PROJECT NO. 4073 ON
ESTIMATED COST BASIS

Council Member Kulas introduced the following resolution certifying that the total cost of Paving Project No. 4073, District No. 516, is estimated to be $364,000.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 6161 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS SEWER PROJECT NO. 4074 ON
ESTIMATED COST BASIS

Council Member Kulas introduced the following resolution certifying that the total cost of Sewer Project No. 4074, District No. 345, is estimated to be $187,000.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 6162 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS WATERMAIN PROJECT NO. 4075
ON ESTIMATED COST BASIS

Council Member Kulas introduced the following resolution certifying that the total cost of Watermain Project No. 4075, District No. 226, is estimated to be $109,000.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 6163 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS STREET LIGHTING PROJECT NO.
4077 ON ESTIMATED COST BASIS

Council Member Kulas introduced the following resolution certifying that the total cost of Street Lighting Project No. 4077, District No. 93, is estimated to be $40,000.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 6164 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS STREET IMPROVEMENT PROJECT
NO. 4080 ON ESTIMATED COST BASIS

Council Member Kulas introduced the following resolution certifying that the
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total cost of Street Improvement Project No. 4080, District No. 9, is estimat-ed to be $74,000.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 6165 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS PAVING PROJECT NO. 4081
ON ESTIMATED COST BASIS

Council Member Kulas introduced the following resolution certifying that the total cost of Paving Project No. 4081, District No. 515, is estimated to be $182,500.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 6166 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS PARKING LOT IMPROVEMENTS
PROJECT NO. 4102 ON ESTIMATED COST BASIS

Council Member Kulas introduced the following resolution certifying that the total cost of Parking Lot Improvements Project No. 4102, District No. 9, is estimated to be $303,000.00 and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 6167 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS PAVING PROJECT NO. 4108 ON
ESTIMATED COST BASIS

Council Member Kulas introduced the following resolution certifying that the total cost of Paving Project No. 4108, District No. 519, is estimated to be $33,000.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 6168 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

ADOPT RESOLUTION DIRECTING SPECIAL ASSESSMENT
COMMISSION TO ASSESS STREET LIGHTING PROJECT NO.
4119 ON ESTIMATED COST BASIS

Council Member Kulas introduced the following resolution certifying that the total cost of Street Lighting Project No. 4119, District No. 99, is estimated to be $1,000.00, and directing that special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which was presented and read: Document No. 6169 - Resolution.
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It was moved by Council Member Kulas and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented and/or referred to committee as follows:

1) Council Member Hagness presented the matter of the railroad crossing on North 42nd Street in University area; Mayor Polovitz referred the matter to the public safety committee for investigation, consideration and report back.
2) Council Member Hagness presented the matter of outstanding employee of the month award; Mayor Polovitz referred the matter to the finance committee.
3) Council Member Hagness presented the matter of once a week garbage pickup starting January 1, 1993; Mayor Polovitz referred the matter to the public service committee.
4) Council Member Glassheim presented the matter of cutting wildflowers at Columbia Road overpass; and Mayor Polovitz referred the matter to the urban development committee.
5) Council Member Glassheim presented matter of parking in City Hall parking lot, whether council people will be allowed to park in that lot; Mayor Polovitz reported that entire parking situation around City Hall being looked at.
6) Council Member Hanson presented matter of business operating in residential zone at 518 North 14th Street; Mayor Polovitz referred the matter to the public service committee.
7) City Attorney Swanson reported that all matters relating to acquisition of the Coke plant have now been concluded.

MATTER OF AIRPORT ISSUE

Mark Holy stated he had appeared before council previously on some airport issues; reported that they had just received notice of special meeting of the Airport Authority Board which has been called for this coming Thursday morning; and that two items to be presented are: 1) to reassign a lease from Aero Center I to Corporate Air Dakota; 2) to approve Airport Authority's commercial qualifications requirement which would side-step current minimum standards for two public meetings and a public hearing concerning any lease arrangements at the Airport; and also approve a lease and operating agreement with Corporate Air Dakota and approve fuel farm development plan. He stated this was all reviewed by the council previously about what was going on out at the airport; and that one of the things that was brought up by this body was what kind of business is Corporate Air. He stated that this past week he had received press release out of the Billings Gazette that vice president of marketing for Corporate Air was brought up on charges of drug trafficking, that the owner of Corporate Air was arrested and convicted of a drug felony in Canada in 1970, and questioned what kind of business we're trying to solicit and bring to Grand Forks that have drug histories. He stated that the fuel farm project had been put on hold because of budget analysis, that they weren't going to be able to cash flow, and now calling a special meeting to approve all of the operating agreements. He also stated that several Board members flew to Billings to do whatever needed to be done, and that he doesn't think this type of business that has a drug history is the type of business which we need in Grand Forks.

Mayor Polovitz stated this is not proper time to be discussing this matter, thanked Mr. Holy for his information, and that they will be following the matter.

ADJOURN

It was moved by Council Member Shores and seconded by Council Member Hanson
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that we do now adjourn until Monday, September 20, 1993 at 7:30 o'clock p.m. Carried 14 votes affirmative.

Respectfully submitted,



Donald O. Tingum
City Auditor

Approved:

Michael Polovitz, Mayor