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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, October 18, 1993

The City Council of the City of Grand Forks, North Dakota met in its regular session in the Civic Auditorium on Monday, October 18, 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, Glassheim, Crawford, Carpen-ter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; absent: Council Member Hanson - 1.

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 SEPTEMBER 7, 1993

Typewritten copies of the minutes of the regular meeting of the city council held on Tuesday, September 7, 1993 were presented and read. It was moved by Council Member Shores and seconded by Council Member Hoeppner that these minutes be approved as read. Carried 13 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 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 September 7, 1993, was presented and read for consideration on second reading.

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 and recommended that this matter be tabled and the public hearing be extended to the November 15, 1993 council meeting.

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

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 3333,
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
DANKS 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 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 had been introduced and passed on its first reading on September 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
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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 Theodore M. Camrud on behalf of Keith Danks etal. for final approval of the plat of Danks Addition to the city of Grand Forks, North Dakota, lying within a portion of the NE 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 final approv-al, subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan.

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

ADOPT ORDINANCE NO. 3334, TO AMEND ZONING
REGULATIONS RELATING TO SIGNS OVER PUBLIC R/W (STREET BANNERS)

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 had been introduced and passed on its first reading on September 7, 1993, and upon which public hearing had been scheduled for this evening, was presented and read for consideration of 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 for final approval of the ordinance for street banner regula-tions regarding length of time banner allowed and exemption of fees for political subdivisions, and recommended passage of the ordinance amending the text of the Land Development Code as it relates to Banner Signs over public right-of-way. (ordinance amended to replace the words "City Engineer" with the words "Zoning Administrator.")

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.

It was moved by Council Member Beyer and seconded by Council Member Hagness to amend the ordinance to substitute "City Engineer" with the words "Zoning Administrator". Carried 13 votes affirmative.

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

ADOPT ORDINANCE NO. 3335, TO AMEND ZONING REGULATIONS REGARDING PERMITTED AND CONDITIONAL
USES IN B-3 ZONES TO INCLUDE NON-HAZARDOUS
MATERIAL

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 had been introduced and passed on its first reading on September 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 the Planning Department for final approval of the ordi-nance 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 recommends passage of the ordinance amending the text of the Land Development Code as it relates to the permitted use of retail sales and storage of non-hazardous material in a B-3 (General Business) District.

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

ADOPT ORDINANCE NO. 3336, RELATING TO
REGULATION OF ALCOHOLIC BEVERAGES IN AMUSEMENT CENTERS

An ordinance entitled "An ordinance amending Section 21-0226 and Section 21-2011 of the Grand Forks City Code relating to the regulation of alcoholic beverages in amusement centers", which had been introduced and passed on its first reading on October 4, 1993, was presented and read for consideration on second reading.

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

ADOPT ORDINANCE NO. 3337, RELATING TO
OPEN BOTTLE LAW

An ordinance entitled "An ordinance amending Section 8-0206 of the Grand Forks City Code relating to the open bottle law", which had been introduced and
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passed on its first reading on October 4, 1993, was presented and read for consideration on second reading and final passage.

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

ADOPT ORDINANCE NO. 3338, AMENDING ANNUAL APPROPRIATIONS BILL ORDINANCE (POLICE
DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1993", (note from IBM for financing of the Public Safety Computer System), which was presented and introduced and passed on its first reading on October 4, 1993, was presented and read for consider-ation on second reading and final passage.

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

APPROVE APPLICATION TO MOVE BUILDING FROM
718 OAK STREET TO 1008 2ND AVENUE NORTH

The city auditor reported that the notice of public hearing on the application by Mary S. Hoefs to move a building from 718 Oak Street to 1008 2nd Avenue North to be used as a garage 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 matter of application for moving permit by Mary S. Hoefs to move building from 718 Oak Street to 1008 2nd Avenue North to be used as garage and recommended that the application be approved.

It was moved by Council Member Beach and seconded by Council Member Glassheim that this recommendation be and is hereby approved, and further that Ms. Hoefs be and is hereby authorized to move the building. Carried 13 votes affirma-tive.

ADOPT RESOLUTION VACATING SIDEWALK AND
UTILITY EASEMENT IN BLOCK 1, BFM 3RD
RESUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate and discontinue the existing sidewalk and utility easement in Block 1, BFM 3rd Resubdivision (located west of S. 21st St. and N of vacated 28th Ave. S.), 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 Hoeppner that we do hereby find and determine an insufficiency of protest on the
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request for vacation. Carried 13 votes affirmative.

Council Member Shores introduced the following resolution of vacation which was presented and read: Document No. 6184 - Resolution.

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

APPROVE ASSESSMENTS, STORM SEWER PROJECT
NO. 3790, DISTRICT NO. 339

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 3790, Storm Sewer District No. 339, in the amount of $56,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments.

Sarah Andrews Herman, Attorney at Law, 1800 Radisson Tower, Fargo, North Dakota spoke in behalf of Burlington Northern Railway. BN requested that the project district be changed to include those properties to the South of DeMers Avenue, who also benefitted from these improvements, not just BN properties. Ms. Herman pointed out that the storm sewer drained to the south prior to the project and was changed to drain to the west. She also stated that there were no drainage problems on the BN properties and much of the BN property is not developed and feel they do not require the improvements that were made in this project.

Mr. Vein, City Engineer, explained that the total cost of the project was $686,552.00. Of this cost $56,000.00 is assessed to BN or 6.1% and 20% by the City and Department of Transportation the remainder and other properties adjacent to DeMers Avenue.

Council Member Kulas questioned whether BN had been assessed for the original storm sewer to the south. Mr. Vein stated that the information on that was not available for this meeting but that it would be researched.

Council Member Hagness pointed out that BN does use DeMers Ave. for access to their property and there certainly is a possibility that BN could develop this property in the future.

Council Member Beach questioned Ms. Herman if BN vehicles used DeMers to get to BN Offices on BN property to the north of DeMers. She stated that they did.

Council Member Glassheim questioned whether BN had been notified of the project. Mr. Swanson, City Attorney, stated that they are required to be notified and were.

Mr. Tingum, City Auditor stated that the entire project was based on square footage which was determined by the Special Assessment Commission.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collect-ed with other taxes by the proper authorities. Carried 13 votes affirmative.
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APPROVE ASSESSMENTS, SIDEWALK EASEMENTS
PROJECT NO. 3913.1, DISTRICT NO. 5

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 3913.1, Sidewalk District No. 5, in the amount of $2,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 5 annual installments of princi-pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, STORM SEWER PROJECT
NO. 3976, DISTRICT NO. 342

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 3976, Storm Sewer District No. 342, in the amount of $93,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

Richard Bernhardt, 1292 S 36th St, Grand Forks, questioned why the storm sewer assessment is being assessed totally to Johnson's 1st Addition to the south side of the road when the paving of 11th Ave. S. was divided between the north and south side. Mr. Bernhardt felt that water shed is from a small portion of Johnson's 1st Addition and from 11th Ave. S.

Ken Vein, City Engineer, stated that the north side is outside the city limits and at this time the ordinance does not allow property out of the city limits to be assessed. Mr. Vein further explained that the State Legislator just passed a law allowing the city to charge tap in charges on paving, watermain and sanitary sewer but not storm sewer. The city has no other mechanism by which to pick up these costs. Mr. Bernhardt asked if the south side of 11th Ave. S. would receive credit for this project cost when the north side is developed. Mr. Tingum, City Auditor, explained that state law does not allow the city to reassess property.

Council Member Hagness and Council Member Geller both felt that something should be done at committee level to try to research each project and come up with some alternative. Mr. Swanson, City Attorney, explained that State law does not allow for tap in charges on storm sewer.

Mr. Vein, City Engineer, explained that when the north side of 11th Ave S is eventually in the city limits there will be a need to extend this storm sewer and at this time the north side will be assessed. Mr. Vein asked Mr. Bern-hardt if he owned this property at the time the project district was estab-lished. Mr. Bernhardt wasn't sure. Mr. Vein stated that if he had owned it at that time, there is a protest period that is published and you have that
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time to express your concerns or try to make changes. Mr. Bernhardt stated that he was told by the realtor that everything was taken care of and so he did no further research. Council Member Hagness stated that Mr. Bernhardt perhaps did error in not checking further and explained to Mr. Bernhardt that this matter is going before the Public Service Committee on Monday, October 25, 1993.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collect-ed with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING
PROJECT NO. 3952, DISTRICT NO.91

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 3952, Street Lighting District No. 91, in the amount of $20,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 9 annual installments of princi-pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, STORM SEWER PROJECT
NO. 3984, DISTRICT NO. 343

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 3984, Storm Sewer District No. 343, in the amount of $45,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collect-ed with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4070, DISTRICT NO. 227

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4070, Watermain District No. 227, in the amount of $32,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had
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been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collect-ed with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SANITARY SEWER
PROJECT NO. 3999, DISTRICT NO. 344

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 3999, Sanitary Sewer District No. 344, in the amount of $64,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collect-ed with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 3998, DISTRICT NO. 225

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 3998, Sanitary Sewer District No. 225, in the amount of $59,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collect-ed with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4081, DISTRICT NO. 515

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4081, Sanitary Sewer District No. 515, in the amount of $182,500.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had
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been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collect-ed with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SANITARY SEWER
PROJECT NO. 4074, DISTRICT NO. 345

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4074, Sanitary Sewer District No. 345, in the amount of $187,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collect-ed with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT
NO. 4073, DISTRICT NO. 516

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4073, Paving District No. 516, in the amount of $364,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collect-ed with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING
PROJECT NO. 4077, DISTRICT NO. 93

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4077, Paving District No. 93, in the amount of $32,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.
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Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collect-ed with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT
NO. 4075, DISTRICT NO. 226

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4075, Paving District No. 226, in the amount of $109,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collect-ed with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT
NO. 4108, DISTRICT NO. 519

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4108, Paving District No. 519, in the amount of $33,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collect-ed with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SIDEWALK PROJECT
NO. 3953, DISTRICT NO. 6

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 3953, Paving District No. 6, in the amount of $11,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to
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make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 5 annual installments of princi-pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PARKING LOT
IMPROVEMENTS PROJECT NO. 4102, DISTRICT NO. 9

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4102, Parking Lot Improvements District No. 9, in the amount of $303,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collect-ed with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, MALL OPERATIONS
PROJECT NO. 2695.1

The city auditor presented and read the assessments as made by the city auditor and the approval and confirmation of these assessments by the auditor on Project No. 2695.1, in the amount of $140,139.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with this office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in one annual installment of principal, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SIDEWALK PROJECT
NO. 3895

The city auditor presented and read the assessments as made by the Grand Forks city engineer, and the approval and confirmation of these assessments by the engineer on Project No. 3895, in the amount of $1,071.17, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with this office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter 13325
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that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in four annual installment of principal, together with interest on the unpaid balance yearly, to be collect-ed with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WEED CUTTING PROJECT
NO. 4021

The city auditor presented and read the assessments as made by the Grand Forks city health department, and the approval and confirmation of these assessments by the supervising sanitarian on Project No. 4021, in the amount of $11,114.50, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with this office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in one annual installment of principal, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SIDEWALK PROJECT
NO. 4012

The city auditor presented and read the assessments as made by the Grand Forks city engineer, and the approval and confirmation of these assessments by the engineer on Project No. 4012, in the amount of $100,779.33, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with this office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in five annual installment of principal, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, DELINQUENT WATER
BILLINGS, PROJECT NO. 9001

The city auditor presented and read the assessments as made by the city auditor, and the approval and confirmation of these assessments by the auditor on Project No. 9001, delinquent water billings, in the amount of $5,141.18, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with this office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in one annual installment of
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principal, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER CONNECTION
FEE, PROJECT NO. 1093.0

The city auditor presented and read the assessments as made by the Grand Forks city engineer, and the approval and confirmation of these assessments by the engineer on Project No. 1093.0, engineer, in the amount of $413.20, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with this office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Shores and seconded by Council Member Carpenter that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 14 annual installment of princi-pal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

HOLD ASSESSMENT OF STREET IMPROVEMENT
PROJECT NO. 4080 AND STREET LIGHTING PROJECT
NO. 4119 FOR ONE YEAR

The Special Assessment Commission having reviewed Project No. 4080, street improvement of North 52nd Street and Project No. 4119, lighting on Lynwood Circle, recommended that these projects not be assessed since the projects have not been started.

It was moved by Council Member Shores and seconded by Council Member Carpenter to hold the assessment and certification of Projects 4080 and 4119. Carried 13 votes affirmative.

ADOPT CAPITAL IMPROVEMENTS PLAN BUDGET
FOR 1995-1999

The Capital Improvements Plan budget for year 1995-1999 was presented for consideration.

It was moved by Council Member Hoeppner and seconded by Council Member Glassheim to amend the Capital Improvements Plan to include provision that applications for waiver of special assessments under low income must include social security income. Carried 13 votes affirmative.

It was moved by Council Member Carpenter and seconded by Council Member Shores to approve the Capital Improvements Plan for budget year 1995-1999. Carried 13 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

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

Finance Committee:
1) matter of purchasing pc. of property adj. to River Rd.
(Lot 36, Blk. 1, Auditor's Resub.)

Public Safety Committee:
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1) matter of Christmas decorations in downtown.

Public Service Committee:
1) matter of 11th Ave. S. and S. 34th future special assessments in Johnson's 1st Addition.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of September 30, 1993 was presented and read. It was moved by Council Member Kulas and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 13 votes affirmative.

REPORT OF BOARD OF ADJUSTMENTS

A communication from Bruce Melin was presented stating that the Board of Adjustments had held a public hearing in Room 22 of the Grand Forks Civic Auditorium at 615 1st Avenue North, that notice was published as required and that the following appeals for variance were heard: 1) Anders B. Norstebon, 505 Oak St., made a request for a variance to the side yard setback require-ments to erect an addition to the dwelling [Section 18-0209 (9) of the Land Development Code], described as the north 1/2 of Lot 21 & all of Lot 22, Block 15 of Holes Central Addition, which was held to next meeting; 2) University Lutheran Church (Agent: EAPC Architects Engineers), 2122 University Ave., made a request for variance to the impervious surface area requirements to con-struct an office & commons area addition [Section 18-0209(7) of the Land Development Code], described as Lots 3 through 12, Block 2 of Kelsey's Addi-tion, which was approved; 3) Marland Lee (Agent: Lynn Vreeland), 3310 Belmont Rd., has made a request for a variance to the side yard setback requirements to construct an addition to the dwelling [Section 18-0208(9) of the Land Development Code], described as Lot 6, Blk 4 of Sunnyside Terrace Addition, which was held to next meeting; 4) Richard and Wanda Haneline, 109 Grassy Hills, has made a request for a variance to the front yard setback require-ments to construct a dwelling [Section 18-0208(8-C) of the Land Development Code], described as Lot 1, Blk W of Sunbeam Addition, which was approved; 5) E. Bradley Fultz, Jr., 1218 S. 21st St., has made a request for a variance to the rear yard setback requirements to erect an addition to the house [Section 18-0208(10) of the Land Development Code], described as Lot 1, Blk 4 of Blair-Satrom 2nd Addition, which was approved; 6) GF Coca-Cola Co. (Agent: Robert Serr), 724 N 47th St., has made a request for a variance to the landscaping requirements for parking lots to construct a building and parking lot [Section 18-0309(D-5) of the Land Development Code], described as Lots 5 and 6, Blk 4 of Industrial Subdivision, which was approved.

It was moved by Council Member Lien and seconded by Council Member Crawford to receive and file. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 93-18, dated October 18, 1993, and totaling $1,554,614.24, all having been audited by city auditor for payment in accor-dance with Regulation No. 2, was presented and read.

It was moved by Council Member Kulas 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, Glassheim, Carpenter, Lien, Crawford, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.


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APPROVE ABATEMENT AND SETTLEMENT OF 1991
AND 1992 TAXES ON PROPERTY AT 414-420
DEMERS AVENUE BY LLOYD SAMPSON

Committee No. 1, Finance, reported having considered the matter of request for abatement and settlement of 1991 and 1992 taxes on property at 414-420 DeMers Avenue by Lloyd Sampson, and recommended approval of the tax abatement and set valuation of $158,800 for 1991 and 1992 be granted.

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

Council Member Shores asked to be excused from voting due to conflict of interest. It was moved by Council Member Kulas and seconded by Council Member Beach to excuse Council Member Shores due to conflict of interest.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

APPROVE TAX EXEMPT STATUS FOR ALL DAY CARE
CENTERS

Committee No. 1, Finance, reported having considered the request for tax exempt financing for Day Care Center by Curt Kruen, 2550 28th Ave. S., and recommended that we not allow the tax exemption.

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

Mr. Curt Kruen of Wonder Years Day Care Center addressed the council. He asked that the council reconsider the recommendation of the Finance Committee. He stated that the center employs 56 full and part time personnel with a payroll of $300,000.00 a year that is injected into the community. Fifty per cent of the staff has elementary or early childhood degrees and all staff is experienced. He further reported that expenses each year amount to $60,000.00 to $62,000.00. The center receives no federal or state aid or grants such as the FDA Food Program or United Way where as most other day care centers do and are currently tax exempt. The centers only source of income is from parent tuition fees. Mr. Kruen felt their center was at a disadvantage.

Council Member Shores asked to be excused from voting due to a conflict of interest. It was moved by Council Member Kulas and seconded by Council Member Beach to excuse Council Member Shores from voting on this matter. Carried 12 votes affirmative.

It was moved by Council Member McCabe and seconded by Council Member Kulas to amend the motion to allow tax exemption to all day care centers. Upon roll call the following voted "aye": Beach, McCabe, Hoeppner, Kulas, Crawford, Lien, Beyer, and Hagness - 8; voting "nay": Glassheim, Carpenter, Geller, and Johnson - 4. Mayor Polovitz declared the motion carried.

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

RECEIVE AND FILE THE TCI OF NORTH DAKOTA
LETTER AND AUTHORIZE PROPER CITY OFFICIALS
TO ENTER INTO NEGOTIATIONS

Committee No. 1, Finance, reported having considered the matter of request from TCI of North Dakota, Inc., for the city to commence franchise renewal proceedings for cable t.v., and
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recommended that the city receive and file the TCI of North Dakota letter and authorize proper city officials to enter into negotiations.

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

APPROVE REQUEST FOR CANCELLATION OF
SIDEWALK ASSESSMENTS ON LOT 16, BLOCK 8,
WESTWARD ACRES SUBDIVISION

Committee No. 1, Finance, reported having considered the matter of sidewalk cancellation on Lot 16, Block 8, Westward Acres Subdivision by Patricia M. LaFrenz under the low income section of the Capital Improvement Plan, and recommended that we cancel the sidewalk assessment of $73.22 and make payment for the same amount from Highway User Funds.

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

APPROVE BUDGET TRANSFERS

Committee No. 1, Finance, reported having considered budget transfer of $800.00 from Miscellaneous Fund Department contingency to Auditor's Department minor PC software, and recommended the approval of the transfer.

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

APPROVE BLOCKING COTTONWOOD STREET
FROM 23RD AVENUE SOUTH TO 24TH AVENUE SOUTH
FROM 5:00 P.M. TO 12:00 MIDNIGHT ON HALLOWEEN, OCTOBER 31, 1993

Committee No. 2, Public Safety, reported having considered the request from Art Moreau, 2303 Cottonwood Street, to block Cottonwood Street from 23rd Avenue South to 24th Avenue South from 5:00 p.m. to 12:00 midnight on Hallow-een, October 31, 1993, recommended approval.

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.

APPROVE APPLICATION BY APPLEBEE'S FOR
ALCOHOLIC BEVERAGE AND APPROVE 3 EQUAL
INSTALLMENTS OF PAYMENT FOR SAME

Committee No. 2, Public Safety, reported having considered the application by Applebee's for alcoholic beverage license (Class 4 Food and Beverage estab-lishment) at 2851 South Columbia Road, and recommended approval and request by Applebee's to make 3 equal installments to pay license fee was also considered and recommended approval contingent upon filing of a signed note, amendment to ordinance, business cannot be sold before payment is made, and first payment is due on date of issuance and on first and second anniversary.

It was moved by Council Member Crawford and seconded by Council Member
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Hoeppner that approval be granted contingent upon stipulations listed.

Mayor Polovitz asked if anyone from the audience wished to comment.

Abe Sakak spoke in behalf of Applebee's. He stated that he was given informa-tion on the qualifications on the license approximately a year prior to March of 1993 and that information changed in March 1993 and he was not aware of the change.

Council Member Carpenter expressed concern that the council not begin a practice of this nature. He felt that if the city made an error in informing Mr. Sakak of the qualifications, he could go along with the arrangement, however; if it was an error on behalf of Mr. Sakak not researching this matter properly, he would have a problem with the exception being proposed.

Mr. Swanson, City Attorney, stated that Applebee's came in September of 1992 to Planning and Zoning for approval for location in front of Target and plan was never approved by Applebee's and plans were never filed with the city for construction and no permits were issued and no contact was made by Applebee's with the city auditor's office. The city started working on the new liquor ordinance in August of 1992 and it was adopted in March of 1993 and went into effect on July 1, 1993. At this time Applebee's still did not have a building permit nor started construction; in September of 1993 Applebee's began filing plans and purchased permits and began construction, after which time they inquired about the liquor license.

Council Member Hagness felt that due to the sequence of events made known this evening, Applebee's were caught in an unfortunate situation. He also felt that the fee of $50,000.00 was exorbitant. Council Member Hagness moved to change the ordinance to read a fee of $12,500-.00 for a restaurant serving liquor of 100 seats or less and $25,000.00 for serving liquor in a restaurant of 101 seats or more. Seconded by Council Member Kulas.

Mayor Polovitz asked for a vote on calling the question. Carried 13 votes affirmative.

Upon roll call the following voted "aye": Council Members Kulas, Johnson and Hagness - 3; voting "nay": Council Members Beach, McCabe, Hoeppner, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, and Geller - 10; Mayor Polovitz declared that the motion failed.

Council Member Glassheim moved to amend the motion to have a sunset clause date of June 30, 1994 for anyone purchasing liquor license with the new changes. The amendment failed for lack of second.

Council Member Carpenter moved to amend the motion to have a sunset clause date of December 31, 1993 for anyone purchasing liquor license under the new ordinance; seconded by Council Member Lien.

Mayor Polovitz called for a vote on the amendment, and upon roll call vote the following voted "nay": Council Member Hagness - 1; and the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller and Johnson - 12. Mayor Polovitz declared the motion carried.

Mayor Polovitz called for a vote on the motion as amended. Carried 13 votes affirmative.

Council Member Crawford introduced an ordinance entitled "An ordinance amending Section 21-0210 of the Grand Forks City Code relating to issuance fees for alcoholic beverage licenses", which was presented, read and passed on 13331
October 18, 1993

its first reading.

APPROVE HANDICAPPED PARKING AT 1302 4TH
AVENUE NORTH BY CABLE TV

Committee No. 2, Public Safety, reported having considered the request from TCI Cable TV for a handicapped parking stall at 1302 4th Avenue North, and recommended approval.

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.

RECEIVE AND FILE REQUEST TO PLACE
ADVERTISING SIGN ON SIDEWALK ON S. 4TH
STREET BY URBAN STAMPEDE

Committee No. 2, Public Safety reported considering the request to place advertising sign on sidewalk on S. 4th Street by Urban Stampede, and recom-mended that we receive and file.

It was moved by Council Member Hoeppner and seconded by Council Member Geller. Carried 13 votes affirmative.

REQUEST TO MOVE ONE PARKING STALL ON WEST
END OF 11TH AVENUE NORTH AT NORTH 20TH STREET

Committee No. 2, Public Safety, reported considering the matter of consider-ation of removing one parking stall on the west end of 11th Ave. N. and N. 20th St.

Council Members Crawford and Hoeppner asked to have this matter sent back to Public Safety Committee for further discussion, and Mayor Polovitz referred the matter back to committee.

ESTABLISH SNOWMOBILE ROUTE PLAN

Committee No. 2, Public Safety, reported considering the matter of snowmobile route plan and recommended discussion of plan at this evenings council meeting.

Mayor Polovitz asked if there was anyone in the audience who wished to speak to this matter.

Council Member Shores reported receiving complaints from residence in the Belmont Patio Home complex on 47th Ave. S. asking that another route be considered other than 47th. There are problems currently with noise from the snowmobiles and trespassing on their property as well as property damage.

Robert Middleton, 4550 Belmont Rd, Grand Forks: snowmobiles are currently trespassing on their property and private sidewalk and damage to property and recommended that another route be used or establish public hearings to try work out some solution.

M. K. Loger, 4630 Belmont Rd, Grand Forks: concerned with owner liability, trespassing, ditch grade, noise.

Marvin Jorgenson, 4670 Belmont Rd, Grand Forks: questioned enforcement of snowmobile ordinance.

Jack Lynch, 4694 Belmont Road, Grand Forks: reported property damage from
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October 18, 1993

snowmobilers crossing his property and doesn't feel that snowmobilers will stay on the trails.

Herb Solberg, 622 Plain Hills Drive, Grand Forks: complained of snowmobilers using the park in that area and feel they belong in the country on trails.

Howard Berg, 4614 Belmont Rd, Grand Forks: feels there will be no way to enforce speed limit of 15 mph set for the snowmobilers.

Keith Bjerke, 4629 Wheatlands Circle, Grand Forks: suggested a route south of the city perhaps by Highway 81.

Randy Sattler, 815 S. 22nd St., Grand Forks: President of Red River Valley Snowmobile Club, explained that there will be a machine that will groom the trails, a one year trial of this plan, proposed speed limit of 15 mph, snowmobile club will sign the route, an 11:00 pm time limit set for snowmobil-ing. Mr. Sattler introduced Bob Smith of the ND State Trail Coordinator.

Bob Smith, Trail Coordinator for the State of North Dakota: explained that the State association would carry liability insurance and they would groom the trails.

Brian Coster, 723 South 9th Street, Grand Forks: questioned whether a fence could be constructed between Belmont Patio Homes complex and 47th Avenue South and explained that the reason 47th Avenue South was the easiest way to get to the river.

It was moved by Council Member Beyer and seconded by Council Member Geller we approve the snowmobile route from 32nd Avenue South at the point where it intersects with South Columbia Road, 32nd Avenue South, 42nd Street South, 42nd Street North, US Highway 81, Gateway Drive, State Mill Road, and send the remainder to committee for further action.

Council Member Shores asked that 47th Avenue South be posted for no snowmobil-ing.

Upon roll call vote the following voted "aye": Crawford, Lien, Beyer, Geller, Johnson, Hagness - 6; voting "nay": Beach, McCabe, Hoeppner, Kulas, Glassheim, Carpenter, Shores - 7. Motion failed.
Mayor Polovitz referred this matter back to the Public Safety Committee for further review.

RECESS MEETING FOR 5-MINUTES; AND RECONVENE

Mayor Polovitz called for a five minute recess. The council reconvened at 10:25 p.m. with all members present except Council Members Kulas, McCabe and Beyer.

COUNCIL MEMBER BEYER REPORTED BACK

RECEIVE AND FILE MATTER OF REVENUES DERIVED
FROM ALARM ORDINANCE

Committee No. 2, Public Safety, reported considering the matter of revenues derived from alarm ordinance, and recommended that we 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 11 votes affirma-tive.


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October 18, 1993

APPROVE BUDGET TRANSFER IN TRAFFIC SAFETY
GRANT AND INTRODUCE ORDINANCE

Committee No. 2, Public Safety reported having considered the request by Traffic Safety to transfer 10,020.00 from Traffic Safety Grant contingency to Traffic Safety Grant Wage & Salary-Perm $300.00, FICA-Medicare $175.00, Advertising $2,425.00, Travel $2,070.00 and Contribution $5,050.00.

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

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

APPROVE INSTALLATION OF PRIVATE STORM
SEWER AND DRAINAGE SWALE IN PUBLIC UTILITY
EASEMENT ADJACENT TO PROPERTY OWNED BY GREGG
NORMAN

Committee No. 3, Public Service, reported considering the matter of request by CPS, Ltd. on behalf of Development Homes, 2830 South Washington St. to install private storm sewer and drainage swale in public utility easement adjacent to parking lot, recommended approval contingent upon signed agreement between Development Homes and Gregg Norman.

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

APPROVE AGREEMENT BETWEEN THE PARK DISTRICT,
CITY OF GRAND FORKS AND GLENN AND LILA PRIGGE
FOR EASEMENT FOR ENGLISH COULEE BIKEWAY

Committee No. 3, Public Service, reported considering the matter of proposed agreement between the Park District, City of Grand Forks, and Glenn and Lila Prigge for easement for English Coulee bikeway, and recommended approval of the agreement.

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

APPROVE PLANS AND SPECIFICATIONS AND
AUTHORIZE CALL FOR BIDS ON PROJECT NO. 4056,
CHLORINE SCRUBBER AT WATER TREATMENT PLANT

Committee No. 3, Public Service, reported considering the matter of plans and specifications, and authorization to call for bids on Project No. 4056, chlorine scrubber at the water plant, and recommended approval of plans and specifications and authorize the call for bids for Project No. 4056, a chlorine scrubber at the water plant.

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



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October 18, 1993

APPROVE PLANS AND SPECIFICATIONS AND
AUTHORIZE CALL FOR BIDS FOR PROJECT NO.
4132, INTERIM TRAFFIC SIGNS AT SOUTH 20TH
STREET AND 32ND AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4132, install interim traffic signal at 20th Street and 32nd Avenue South, and recommended that we approve plans and specifications and authorize call for bids on Project No. 4132, to install interim traffic signal at South 20th Street and 32nd Avenue South.

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

Mr. Vein, City Engineer, asked that the Public Service Committee be given the power to award the bids on Project No. 4132 due to the late time of year, as they would like to start construction as soon as possible. It was moved by Council Member Hagness and seconded by Council Member Hoeppner that the Public Service Committee be given power to act on awarding the bid for Project No. 4132. Carried 11 votes affirmative.

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

RECEIVE AND FILE GARBAGE PICKUP SCHEDULE

Committee No. 3, Public Service, reported considering the matter of garbage pickup schedule, and recommended we receive and file and begin public informa-tion campaign.

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

APPROVE BUDGET TRANSFER

Committee No. 3, Public Service, reported considering the matter of budget transfer within wastewater department $4,557.00 from contingency to wages & salary-sick leave $20.00, pension plan $730.00, prof. fee flex plan $8.00, fiscal charges $1,860.00, pension plan $139.00, flood insurance $1,646.00, pension plan $37.00, disability $5.00, pension plan $112.00 and from gasoline in the wastewater shop and equipment $350.00 to collection systems gasoline $350.00, from wastewater pumping $195.00 to wastewater treatment $195.00, from mtce. buildings and grounds $79.00 to mtce. lagoons $70.00, from collection systems wages and salary permanent $2,000.00 to wastewater shop and equipment wages and salary permanent, and from collection systems NDPERS health insur-ance $420.00 to wastewater shop and equipment NDPERS health insurance, and recommended approval.

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

APPROVAL OF STOREFRONT APPLICATIONS ON
11 SOUTH 3RD STREET AND 118 NORTH 3RD STREET

Committee No. 4, Urban Development, reported considering the matter of application, Silvermans-11 S. 3rd St., and recommended that the amount of $2,200 be approved, subject to the deobligation of the funds from the previ-ously approved storefront project by the same owner and reported considering
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October 18, 1993

the matter of storefront application at 118 N. 3rd St., and recommended the amount of $500.00 be transferred in for this storefront application.

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

APPROVAL OF $20,000.00 FOR THE LISTEN
CENTER FOR PURCHASE OF ADJACENT PROPERTY

Committee No. 4, Urban Development, reported considering the request for funds by Listen Center, and recommended the amount of $20,000.00 be approved for the Listen Center for the purchase of the adjacent property.

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, Hoeppner, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE BUDGET TRANSFERS WITHIN URBAN
DEVELOPMENT DEPARTMENT

Committee No. 4, Urban Development, reported considering a request for transfer of $13,423.00 within the Urban Development Department budget, was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Hanson that these transfers be and are hereby approved. Carried 11 votes affirmative.

APPROVE REQUEST BY PERS TO CHANGE PREMIUM
PAYMENT DATE FOR HEALTH INSURANCE

Pension Committee, reported considering the request by PERS for City to pay city health insurance premiums on last day of month for following months billing instead of the middle of the billing month, and recommended approval, which means 13 payments in 1993 instead of 12 payments, and authorize surplus health insurance monies to be paid back in January 1994.

It was moved by Council Member Shores and seconded by Council Member Kulas that this request be approved. Carried 11 votes affirmative.

ACCEPT BID OF DELOITTE TOUCHE FOR ACTUARIAL
WORK

Pension Committee, reported considering the RFP's. for actuarial work for the city pension plan for the year 1993, and recommended we accept the bid of Deloitte-Touche in the amount of $9,000.00.

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

DENY REQUEST FOR BUY-BACK OF BREAK IN SERVICE
FOR PENSION CALCULATION PURPOSES

The Pension Committee reported having considered the request to buy back a break in service for pension calculation purposes, and recommended we deny the 13336
October 18, 1993

request.

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

APPROVE 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 final 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 Drive, 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 11 votes affirmative.

APPROVE MED PARK PUD, DETAILED DEVELOPMENT
PLAN, PARKING EXPANSION FOR MEDICAL PARK,
MEDICAL PARK 3RD ADDITION, BLOCK 1, LOT 2

The City Planning and Zoning Commission reported having considered the request from Eldon Zeller on behalf of United Hospital for final 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 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 11 votes affirma-tive.

APPROVE FINAL PLAT OF UNIVERSITY TECHNOLOGY
PARK ADDITION, BLOCK 1, REPLAT OF LOT 1

The City Planning and Zoning Commission reported having considered the matter of the request from the UND Aerospace Foundation for administrative review (fast tract) and final approval of the plat of University Technology Park Addition, Grand Forks, North Dakota, Block 1, Replat of Lot 1 (located in the southeast corner of University Avenue and Technology Circle) including a variance to the definition of a minor subdivision as found in Section 18-0204 of the Land Development Code relating to subdivision regulations and specifi-cally the requirement of not involving the dedication of any utility easement, and recommended final approval subject to special conditions shown on or attached to the review copy, including approval of a variance to the subdivi-sion regulations of the Land Development Code, more specifically the require-ment of Not involving the dedication of any utility easement in a minor subdivision plat.

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


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October 18, 1993

DENY REQUEST FOR ANNEXATION OF ISEMAN TRAILER
SALES PROPERTY ON HIGHWAY 2 WEST

The City Planning and Zoning Commission reported having considered the matter of the request for approval of annexation of Iseman Trailer Sales property on Highway 2 West, and recommended denial of the request for annexation.

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

INTRODUCE ORDINANCE TO REZONE ISEMAN TRAILER
SALES PROPERTY ON HIGHWAY 2 WEST WITHIN B-3
(GENERAL BUSINESS) DISTRICT

The City Planning and Zoning Commission reported having considered the matter of request for preliminary approval of the rezoning of Iseman Trailer Sales property on Highway 2 West, and recommended preliminary approval of the ordinance amending the zoning map, to introduce the ordinance, and to set the date of the public hearing for November 15, 1993; and to accept the letter of "non-protest" for future annexation.

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

Council Member Glassheim 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-2 (Agricultural Reserve) District and to include within the B-3 (General Business) District, a portion of the SE 1/4 SE 1/4 SW 1/4 of Section 36, Twp. 151 N, R51W of the 5th Principal Meridian", which was presented, read and passed on first reading.

INTRODUCE ORDINANCE AMENDING SUBDIVISION
REGULATIONS RE. PARK AND OPEN SPACE

The City Planning and Zoning Commission reported having considered the matter of amending the 8% park and open space ordinance, and recommended preliminary approval of an ordinance amending the text of the Land Development Code as it relates to subdivision regulations, more specifically the section pertaining to Public Sites (8% Park and Open Space).

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

Council Member Hoeppner introduced an ordinance entitled "An ordinance amending Section 18-0907(6) of the Grand Forks City Code relating to layout of additions and subdivisions; park public sites", which was presented, read and passed on its first reading.

ADOPT RESOLUTION RE. UNFUNDED MANDATES

Mayor Polovitz presented a resolution relative to unfunded mandates by the federal government. It was moved by Council Member Carpenter and seconded by Council Member Shores that the resolution be and is hereby adopted: Document No. 6185 - Resolution. Carried 11 votes affirmative.

APPROVE PROCLAMATION RE. RED RIBBON WEEK

Mayor Polovitz presented a proclamation declaring October 22-31 as Red Ribbon
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October 18, 1993

Week and encouraging citizens to participate in drug prevention activities. It was moved by Council Member Beyer and seconded by Council Member Shores that we do concur in proclaiming October 22-31 as Red Ribbon Week in Grand Forks. Carried 11 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were referred to committee as follows:
1) Matter of request by Joseph Campa re. matter of excessive rent increases; Mayor Polovitz referred the matter to the finance committee.
2) Request by Gregg Schaefer to construct snow fence at intersection of 20th Avenue South and South 22nd Street; Mayor Polovitz referred the matter to the public service committee.
3) Council Member Glassheim presented the matter of what information realtors and developers reveal to prospective buyers; Mayor Polovitz referred the matter to the Planning and Zoning Commission.

REFER MATTER OF LEASING PROPERTY IN CITY
CENTER MALL TO U.S. POSTAL SERVICE

Committee No. 1, Finance, reported having considered the matter of lease of portion of old Northern States Power Co. property to the U.S. Postal Service for 15 years with two 5-year rights of renewal, and recommended that we approve a 15-year lease at $4.00/sq.ft.

The motion was presented with a "yes" vote by Council Member Shores and a "no" vote by Council Member Johnson. After some discussion the matter was referred back to committee for further consideration.

ADOPT RESOLUTION RECOGNIZING UND INFORMATION
MANAGEMENT CLUB AS "PUBLIC SPIRITED" ORGANIZATION
ELIGIBLE TO CONDUCT GAMING, AND APPROVE APPLICATION
FOR RAFFLE PERMIT

Committee No. 1, Public Safety, reported having considered the matter of raffle permit for Information Management System Club at UND, and recommended that we adopt a resolution recognizing this group as a "public spirited" organization eligible to conduct gaming, and approve the application for raffle.

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

Council Member Geller introduced a resolution which was presented and read: Document No. 6186 - Resolution.

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

AUTHORIZE FUNDING OF RIVER FORKS PUBLIC
INFORMATION PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of funding the River Forks Public Information Program, and recommended that 85% of the project cost ($10,625) be paid from surplus sales tax funds, contingent upon the remaining 15% coming from East Grand Forks.

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, Hoeppner, Glassheim, Crawford,
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October 18, 1993

Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hoeppner - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

ADJOURN

It was moved by Council Member Shores and seconded by Council Member Carpenter that we do now adjourn. Carried 11 votes affirmative.

Respectfully submitted,



Donald O. Tingum
City Auditor

Approved:

Michael Polovitz, Mayor