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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, March 7, 1994

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, March 7, 1994 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, Johnson, Hagness - 13; absent: Council Member Geller - 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 FEBRUARY 22, 1994

Typewritten copies of the minutes of the adjourned meeting of the city council held on Tuesday, February 22, 1994 were presented and read. It was moved by Council Member Hanson and seconded by Council Member Hoeppner that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3378, ANNEXING A
PORTION OF JOHNSON'S SECOND ADDITION, ALL OF
JOHNSON'S THIRD ADDITION AND A PORTION OF
GRAND FORKS TOWNSHIP 151 NORTH, RANGE 50 WEST
OF THE 5TH PRINCIPAL MERIDIAN, SECTION 8, S HALF
OF NW QUARTER AND WEST HALF OF SW QUARTER

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, a portion of Johnson's Second Addition; all of Johnson's Third Addition and a portion of Grand Forks Township 151 North, Range 50 West of the 5th Principal Meridian, Section 8, South Half of the Northwest Quarter and the west half of the Southwest Quarter", which had been introduced and passed on its first reading on January 18, 1994, was presented and read for consideration on second reading and final passage.

The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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

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

ADOPT ORDINANCE NO. 3379, AMENDING ZONING
MAP TO INCLUDE COLUMBIA PARK 23RD ADDITION
WITHIN COLUMBIA PARK 5TH PUD, CONCEPT
DEVELOPMENT PLAN

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 Columbia Park 5th PUD (Planned Unit Development), Concept Development Plan, Columbia Park 23rd Addition", which had been introduced and passed on its first reading on February 7, 1994, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
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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 request from Steve Adams on behalf of Arthur Greenberg, Jr. for final approval to amend the Zoning Map to exclude from A-2 (Agricultural Reserve) District and to include within Columbia Park 5th PUD (Planned Unit Development), Concept Development Plan, Columbia Park 23rd Addition (located south of 32nd Avenue South and west of I-29), and recommended final approval subject to special conditions shown on or attached to the review copy, final approval and passage of the ordinance amending the zoning map.

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

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

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
ALL OF WILCOX AND MALM TRACT LYING WITHIN A
PORTION OF FALCONER TWP. AND ALL OF LEGVOLD'S
SUBDIVISION WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT TO APRIL 18, 1994

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District all of the Wilcox and Malm Tract lying within a portion of Falconer Township, Section 29, NE-1/4 of the SE-1/4 being bounded on the south by Walsh's Subdivision No. 2, Parcel A, bounded on the west by North Washington Street (U.S. Highway No. 81) and bounded on the east-northeast by Landowski Subdivision, Lot 1 and Lot A, and to exclude from the A-2 (Agricultural Reserve) District and to include within the I-2 (Heavy Industrial) District all of Legvold's Subdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 7, 1994, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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

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

The City Planning and Zoning Commission reported having considered the matter of the request from Tim Bergstrom on behalf of B & B Partnership for final approval of an ordinance to amend the Zoning Map to exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District all of the Wilcox and Malm Tract lying within a portion of Falconer Township, Section 29, NE-1/4 of the SE-1/4 being bounded on the south by Walsh's Subdivision No. 2, Parcel A, bounded on the west by North Washington
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Street (U.S. Highway No. 81) and bounded on the east-northeast by Landowski Subdivision, Lot 1 and Lot A and to exclude from the A-2 (Agricultural Reserve) District and to include within the I-2 (Heavy Industrial) District all of Legvold's Subdivision, Grand Forks, North Dakota, and recommended continuing the public hearing, final approval and passage of the ordinance amending the zoning map until April 18, 1994.

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.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that the public hearing and second reading of the ordinance be continued until April 18, 1994. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3380, AMENDING ZONING
MAP TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL)
DISTRICT WESTFORKS SUBDIVISION, BLOCK 1, LOTS
7 THROUGH 14 AND BLOCK 2, LOTS 1 THROUGH 14

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 I-2 (Heavy Industrial) District, Westforks Subdivision, Block 1, Lots 7 through 14 and Block 2, Lots 1 through 14", which had been introduced and passed on its first reading on February 7, 1994, 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 Myron Weekley on behalf of Weekley Auto Wrecking for final approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the I-2 (Heavy Industrial) District, Westforks Subdivision, Block 1, Lots 7 through 14 and Block 2, Lots 1 through 14 (located north of U.S. Highway No. 2 between North 76th and 83rd Streets), and recommended final approval and passage of the ordinance amending the zoning map subject to obtaining the necessary right of way from the property owner to construct and maintain a screening fence or wall in front of the auto salvage yard.

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

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

ADOPT ORDINANCE NO. 3381, RELATING TO LAND
DEVELOPMENT CODE, RIGHTS OF WAY

An ordinance entitled "An ordinance relating to Chapter XVIII of the Grand Forks City Land Development Code of 1987, as amended, amending Article 2
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Rights of Way, Section 18-0907", which had been introduced and passed on its first reading on February 7, 1994, 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 an ordinance to amend the Land Development Code, Article 9, Subdivision Regulations, Section 18-0907(2) pertaining to rights of way, and recommended final approval and passage of the ordinance amending the subdivision regulations of the Land Development Code.

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

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

ADOPT ORDINANCE NO. 3382, RELATING TO
GARBAGE COLLECTION FEES

An ordinance entitled "An ordinance amending Section 13-0408 of the Grand Forks City Code relating to garbage collection fees", which had been introduced and passed on its first reading on February 22, 1994, 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3383, RELATING TO
LANDFILL DUMPING FEES

An ordinance entitled "An ordinance amending Section 13-0502 of the Grand Forks City Code relating to landfill dumping fees", which had been introduced and passed on its first reading on February 22, 1994, 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3384, RELATING TO
BOND RESERVE ON 1976 WATER REVENUE BONDS

An ordinance entitled "An ordinance
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which had been introduced and passed on its first reading on February 22, 1994, 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3384, RELATING TO
NORMAL RETIREMENT INCOME

An ordinance entitled "An ordinance amending Section 7-0206(3) of the Grand Forks City Code relating to normal retirement income", which had been introduced and passed on its first reading on February 22, 1994, 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3386, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (ECONOMIC DEVELOPMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Economic Development), which had been introduced and passed on its first reading on February 22, 1994, 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3387, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (INFRASTRUCTURE BUDGET FOR LAND-
SCAPE BEAUTIFICATION)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Infrastructure budget for Landscape Beautification), which had been introduced and passed on its first reading on February 22, 1994, 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3388, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (POLICE DEPARTMENT)
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An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Police Department - Narcotics Enforcement Grant), which had been introduced and passed on its first reading on February 22, 1994, 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3389, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (SPECIAL GRANT FUND, ANTI-DRUG
ABUSE GRANT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Special Grant Fund, Anti-Drug Abuse Grant), which had been introduced and passed on its first reading on February 22, 1994, 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE APPLICATION FOR MOVING PERMIT
TO MOVE BUILDING TO 1724 DYKE AVENUE

The city auditor reported that the notice of public hearing on the application by Terry Dymowski to move building from 601 1st Street NW, East Grand Forks to 1724 Dyke Avenue to be used as rental property had been published and posted as required.

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 permit to move building from 601 1st Avenue NW, East Grand Forks, MN to 1724 Dyke Avenue to be used as rental property, 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. Dymowski be and is hereby authorized to move the building. Carried 13 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 3500 BLOCK, 26TH AVENUE S.

The city auditor reported that the notice of public hearing on the application by John O'Keefe to move building from rural Crystal, ND to the 3500 block of 26th Avenue South had been published and posted as required.

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
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for permit to move building from rural Crystal to 3500 block of 26th Avenue South to be used as single-family residence, and recommended approval of the application, subject to the public hearing.

It was moved by Council Member Beach and seconded by Council Member Glassheim that this recommendation be and is hereby approved, and further that Mr. O'Keefe be and is hereby authorized to move the building. Carried 13 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

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

Finance Committee:
1) matter of bonds for United Hospital.
2) matter of financing new building for Convention and Visitors Bureau.
3) request for extension of leave without pay by Robert Corbett.
4) matter of polling places and inspectors for June 14, 1994 election.
5) matter of overtime rate for special police and fire services.

Public Safety:
1) matter of ordinance relating to license fees.

REPORTS OF OFFICERS

The city auditor's investment activity summary and portfolio master summary for period ending February 28, 1994 were presented and read. It was moved by Council Member Johnson and seconded by Council Member Lien that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-03, dated March 7, 1994 and totaling $468,791.11, 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 Johnson and seconded by Council Member Lien 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE APPLICATION FOR ABATEMENT AND
SETTLEMENT OF TAXES ON PROPERTY AT 515
23RD AVENUE SOUTH

Committee No. 1, Finance, reported having considered the application for abatement of 1993 taxes by Longinus and Rose Kuklok for property at 515 23rd Avenue South (Lot 2, Block 34, Cox's Addition), and recommended that the application be approved as submitted.

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

APPROVE APPLICATIONS FOR THREE-YEAR REMODELING
EXEMPTION
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March 7, 1994

Committee No. 1, Finance, reported having considered the applications for three-year remodeling exemptions on properties at a) 2220 South Washington Street, b) 1413 7th Avenue North, c) 3551 South 20th Street; and d) 1324 7th Avenue South, and recommended that the applications be approved, with exceptions as noted.

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

ADOPT CITY CHEMICAL AND SUBSTANCE ABUSE
POLICY

Committee No. 1, Finance, reported having considered the matter of City chemical and substance abuse policy, and recommended that we adopt the policy as presented with inclusion of Section 11 to provide for notification of personnel department of any infractions, with an effective date of April 1, 1994.

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

INTRODUCE ORDINANCE RELATING TO PENSION
PLAN BENEFITS

Committee No. 1, Finance, reported having considered the matter of amendment of Section 7-0204, subsection 4 of the City Code relating to pension plan, and recommended approval of the amendment, and to introduce ordinance for first reading.

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

Council Member Beyer introduced an ordinance entitled "An ordinance amending Section 7-0204 of the Grand Forks City Code relating to pension plan benefits", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ANNUAL
APPROPRIATIONS BILL ORDINANCE (GENERAL FUND-
AUDITOR'S OFFICE)

Committee No. 1, Finance, reported having considered the matter of budget amendment, city auditor's budget, to transfer $4,000 from Carry-over to Consultants for computer training program by New World Systems for inventory and public works software, and recommended approval of the amendment and introduction of an ordinance for first reading.

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

Council Member Beyer introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (General Fund, Auditor's Office), which was presented, read and passed on its first reading.

SUSPEND RULES TO ALLOW CONSIDERATION OF GROWTH
FUND APPLICATION ALONG WITH MATTER OF TAX INCREMENT
FINANCING FOR GFG REAL ESTATE L.L.C AND TRUCK PLAZA
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It was moved by Council Member Beyer and seconded by Council Member Carpenter to suspend the agenda and allow consideration of agenda item 7-19 (b) matter of Growth Fund application by GFG Food Services, Inc. along with consideration of item 7-5 tax increment financing for GFG Real Estate L.L.C. and Truck Plaza. Carried 13 votes affirmative.

GRANT PRELIMINARY APPROVAL OF TAX INCREMENT
FINANCE FOR GFG FOOD SERVICE, INC., AND APPROVE
GROWTH FUND PARTICIPATION IN THE PROJECT, SET
DISTRICT AND SCHEDULE PUBLIC HEARING FOR APRIL 4
Committee No. 1, Finance, reported having considered the matter of tax increment financing for GFG Real Estate L.L.C. and Truck Plaza, and recommended that we find that the property is commercial or industrial, presently undeveloped; that we grant preliminary approval of the tax increment financing in an amount not to exceed $1.5 Million for GFG Food Service, Inc. and in an amount not to exceed $1.2 Million for Truck Plaza, subject to a public hearing to be scheduled for April 4, 1994 before the city council with final action by the city council after that date; and further that the proper City officials give notice in the official newspaper and to competitors; and further that we set the tax increment districts as shown on the plat.

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

Committee No. 4, Urban Development, reported having considered the matter of Growth Fund participation in GFG Food Services, Inc. and recommended that the City approve an interest subsidy grant in the amount of $134,615.00, and further that the City approve the tax increment financing in an amount up to $1.4 Million for a period of 20 years.

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

It was moved by Council Member Carpenter and seconded by Council Member Kulas to amend the motion by the Finance Committee to delete "...and in an amount not to exceed $1.2 Million for Truck Plaza".

Council Member Carpenter explained that it had been determined that the City could fund the Truck Plaza infrastructure out of Infrastructure Funds so would not need tax increment financing to fund this, and will allow the project to go forward.

Upon call for the question on the amendment and upon voice vote, the motion carried 13 votes affirmative.

It was moved by Council Member Carpenter and seconded by Council Member Kulas to amend the motion by the Urban Development Committee to change the amount of tax increment financing from $1.4 Million to $1.5 Million. Carried 13 votes affirmative.

Upon call for the question on the motion by the Finance Committee, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

Upon call for the question on the motion by the Urban Development Committee, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none.
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Mayor Polovitz declared the motion carried.

Council Member Carpenter introduced the following resolution (relating to the creation of a development or renewal area in the city, preparation of a development or renewal plan and agreements with developers and calling a public hearing on the approval of the plan and the agreements), which was presented and read: Document No. 6195 - Resolution.

It was moved by Council Member Carpenter and seconded by Council Member Kulas that this resolution 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

APPROVE REQUEST BY MARCH OF DIMES TO
HOLD ANNUAL "WALK AMERICA" EVENT ON APRIL 24

Committee No. 2, Public Safety, reported having considered the request by Northeast ND Division March of Dimes to hold annual "Walk America" event on April 24, 1994, and recommended that the request be approved, subject to signing of an indemnity and hold harmless agreement.

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

APPROVE APPLICATION FOR LIQUOR LICENSE AT
LINCOLN GOLF COURSE

Committee No. 2, Public Safety, reported having considered the application for liquor license at Lincoln Golf Course (Robert L. Montgomery, L.R. & R., Inc. for Class 7 Golf Course On-Sale Beer and Wine and Sunday Alcoholic Beverage license), and recommended that the application be approved.

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

INTRODUCE ORDINANCE AMENDING ANNUAL APPROPRIATIONS
BILL ORDINANCE FOR CALENDAR YEAR 1994 (HEALTH
DEPARTMENT-COMMUNICABLE DISEASE GRANT AND IMMUNIZATION
FEES)

Committee No. 2, Public Safety, reported having considered the budget amendment request by the Health Department (Communicable Disease Grant), and recommended approval of the request and introduction of an ordinance to amend the budget.

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

Council Member McCabe introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING SECTION 8-0204
OF THE CITY CODE

Committee No. 2, Public Safety, reported having considered the matter of
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amending to Grand Forks City Code, Section 8-0204, and recommended amendment of Section 8-0204 to delete penalty, and to introduce ordinance for first reading.

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

Council Member McCabe introduced an ordinance entitled "An ordinance


which was presented, read and passed on its first reading.

AUTHORIZE BIDDING OF PUMPING EQUIPMENT
FOR RICHARD'S WEST STORM SEWER IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of Richard's West storm sewer improvements, proposed procedures and contracts, and recommended that we authorize bidding of the pumping equipment for the project.

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

AUTHORIZE CALL FOR BIDS FOR AERIAL PHOTOGRAPHY
AND MAPPING FOR PROJECT NO. 3987, CORPS OF
ENGINEERS RED RIVER FLOOD STUDY

Committee No. 3, Public Service, reported having considered the matter of request to call for bids for aerial photography and mapping for Project No. 3987, Corps. of Engineers Red River Flood Study, and recommended that we authorize call for bids.

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

APPROVE SUPPLEMENTAL AGREEMENT NO. 1 TO
PROJECT NO. 4117, RENOVATION OF PUBLIC WORKS
FACILITY

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 1 to Architect/Engineering agreement for Project No. 4117, renovation of public works facility, and recommended that we approve Supplemental Agreement No. 1 for additional A/E services, and that the contract be amended to increase the maximum not-to-exceed amount from $130,000 to $165,000.

It was moved by Council Member Glassheim and seconded by Council Member Beyer 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

AWARD CONTRACT FOR SIDEWALK PROJECT NO. 4151,
1994 CONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of bids received for Project No. 4151, 1994 sidewalk repair, and recommended that we accept the low bid of S. M. Kalenze Construction on a unit price basis in the
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amount of $179,800.

It was moved by Council Member Glassheim and seconded by Council Member Beyer 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

AWARD CONTRACT FOR PROJECT NO. 4152, CONCRETE
STREET REPAIR

Committee No. 3, Public Service, reported having considered the matter of bids received for Project No. 4152, 1994 concrete street repair, and recommended that we accept the low bid of Opp Construction in the amount of $284,970.00.

It was moved by Council Member Glassheim and seconded by Council Member Beyer 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

AWARD CONTRACT FOR PROJECT NO. 4153, ASPHALT
STREET REPAIR

Committee No. 3, Public Service, reported having considered the bids received for Project No. 4153, 1994 asphalt paving repair, and recommended that we accept the low bid of Valley Contracting Company in the amount of $18,405.00.

It was moved by Council Member Glassheim and seconded by Council Member Beyer 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN DISTRICT NO. 220, PROJECT NO. 4010

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4010, District No. 220, watermain on South Washington Street from 28th Avenue South to 32nd Avenue South, and recommended that we pass a resolution creating the special assessment district, approving the engineer's report, including estimate of cost, an assessment district map; that we pass a resolution instructing the city engineer to prepare detailed plans and specifications; and further that we declare intent to sell bonds to finance these improvements.

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

Council Member Glassheim introduced the following resolution creating the assessment district which was presented and read: Document No. 6196 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this resolution 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, Johnson, Hagness - 13;
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voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN DISTRICT
NO. 220, PROJECT NO. 4010

The city auditor presented and read the engineer's report on Watermain District No. 220, Project No. 4010: Document No. 6197 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
WATERMAIN DISTRICT NO. 220, PROJECT NO. 4010

Council Member Glassheim introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6198 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING DISTRICT NO. 526, PROJECT NO. 4147

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4147, District No. 526, paving North Columbia Road from Highway 81 to north of Gateway Drive, and recommended that we pass a resolution creating the special assessment district, approving the engineer's report, including estimate of cost, an assessment district map; that we pass a resolution instructing the city engineer to prepare detailed plans and specifications; and further that we declare our intent to sell bonds to finance these improvements.

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

Council Member Glassheim introduced the following resolution creating the assessment district which was presented and read: Document No. 6199 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this resolution 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING DISTRICT
NO. 526, PROJECT NO. 4147

The city auditor presented and read the engineer's report on Paving District No. 526, Project No. 4147: Document No. 6200 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING DISTRICT
NO. 526, PROJECT NO. 4147

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Council Member Glassheim introduced the following resolution of necessity, which was presented and read: Document No. 6201 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this resolution 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4144

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4144, Chestnut Street repair from 47th Avenue South to 54th Avenue South, and recommended that we approve plans and specifications, and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4165, WATERMAIN REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4165, watermain replacement on 600 and 700 blocks of South 19th Street, 2000 block of 7th Avenue South, 1400, 1500 and 1600 blocks of 12th Avenue South, and 900, 1000, 1100, 1200, 1300 and 1400 blocks of South 17th Street, and recommended that we approve plans and specifications, and authorize call for bids.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4006,
DEMERS AVENUE PHASE II

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 2, Project No. 4006, DeMers Avenue Phase II, $942.26 for extension of culverts near Amtrak, and recommended approval of the change order in the amount of $942.26.

It was moved by Council Member Glassheim and seconded by Council Member Beyer 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 3936, RED
LAKE RIVER INTAKE LINE REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 3 for Project No. 3936, Red Lake River Intake Line Replacement, Olander Contracting Co., Inc., and recommended approval of the change order No. 3 with a net increase of $31,758.00.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, 13458
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Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPLICATION FOR GROWTH FUNDS BY
QUALITY MANAGEMENT AND ANALYTICAL SERVICES, INC.

Committee No. 4, Urban Development, reported having considered the matter of Growth Fund participation in Quality Management and Analytical Services, Inc., and recommended that the City provide a loan in the amount of $75,000.00, interest will not accrue for a period of two years from the date of the loan, at which time interest will begin to accrue at the rate of 4%; repayment of the note is to be by monthly payments to begin in two years from the date of the note with the amortization being spread over eight years; any remaining balance of principal and accrued interest will be due and payable on the tenth anniversary of the date of the note; security for the note will be a security interest in equipment owned by the company and purchased with these funds; security interest can be subordinated if necessary; and further, a personal guaranty of the principals of the corporation, i.e., Mr. Mark Bandy and Mr. Tron Bandy.

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, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPLICATION FOR GROWTH FUNDS BY
SYNTU TECHNOLOGIES CORPORATION

Committee No. 4, Urban Development, reported having considered the matter of Growth Fund participation in Syntu Technologies Corporation, and recommended that the City approve an equity participation of $100,000; that the City provide $35,000 for an interest subsidy; this subsidy to be converted to equity on the same basis as the original $100,000 upon payment of subsidized loan; that the following conditions must be met: Syntu must raise $300,000 of additional equity, must obtain $600,000 of bank financing for operating, the management of Syntu must locate in Grand Forks, must hire 51 full-time employees within two years from date of City participation; and further that this offer is valid for sixty days from date of city council approval.

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, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPLICATION FOR GROWTH FUNDS BY
NEW VISION FIBERGLASS, INC.

Committee No. 4, Urban Development, reported having considered the matter of Growth Fund participation in New Vision Fiberglass, Inc., and recommended that the City approve an interest subsidy grant in the amount of $58,000.00.

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, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPLICATION FOR GROWTH FUNDS BY
M.G.WAGNER, INC.
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Committee No. 4, Urban Development, reported having considered the matter of Growth Fund application from M. G. Wagner, Inc., and recommended that the City of Grand Forks provide a $100,000 equity investment in M.G. Wagner, Inc. (or North Dakota corporation yet to be formed) and provide an estimated $2,500 in interest subsidy; equity investment to be on the same basis as that of the principals.

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, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

RE-ALLOCATE FUND FROM COMMUNITY
NEEDS BUDGET

Committee No. 4, Urban Development, reported having considered the matter of Community Needs budget, and recommended re-allocating $2,000 from the Red River Lions project to the Riverbank Maintenance Fund.

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, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPLICATIONS FOR HOUSING REHAB FUNDS

Committee No. 4, Urban Development, reported having considered the applications for housing rehab. funds: a) 611 Plum Avenue in the amount of $5,000 for updating of electrical and plumbing systems, and installing shower unit in basement; 2) 21 Euclid Avenue in the amount of $5,000 for updating electrical system and replacing boiler; and recommended that the applications be approved.

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, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

DENY APPLICATION FOR RENTAL REHAB. FUNDS

Committee No. 4, Urban Development, reported having considered the application from Julie Smith for funding under Rental Rehab. Program for property at 2220 University Avenue, and recommended denial of the application as it does not meet HUD criteria.

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

APPROVE APPLICATION FOR GROWTH FUNDS BY
AGVISE LABORATORIES, INC.

Committee No. 4, Urban Development, reported having considered the matter of Growth Fund participation in Agvise Laboratories, Inc. and recommended that the City approve a $120,000 loan to Agvise; loan to accrue interest at the rate of 4% per year; payment of principal and interest to begin one year from date of loan; loan to be amortized over a period of nine years; outstanding principal and interest will be due ten years from date of loan; security for
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loan to be the personal guaranty of Dr. Edward H. Lloyd; and further that the City approve an estimated $90,000 tax increment financing package or other growth fund financing for $90,000.

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

It was moved by Council Member Carpenter and seconded by Council Member Glassheim to amend the motion to add "...or other City funds" after the words "...tax increment financing package".

Dick Olson, Grand Forks Development Corporation, spoke in support of the amendment; that he wanted to make council aware that there are other projects coming along, and if don't use tax increment financing, will bring Growth Funds down to about $60,000.

Upon call for the question and upon voice vote, the amendment to the motion carried 13 votes affirmative.

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

INTRODUCE ORDINANCE AMENDING SECTION 7-0214
OF CODE TO DESIGNATE SECRETARY OF PENSION
COMMITTEE

The Pension Committee reported having considered the matter of secretary of pension committee, and recommended amending Section 7-0214 to make city auditor ex-officio member of committee and also secretary of the pension committee.

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

Council Member Beyer introduced an ordinance entitled "An ordinance


which was presented, read and passed on its first reading.

APPROVE FINAL PLAT OF REPLAT OF FAIRGROUNDS
SUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of request from the Greater Grand Forks Fair and Exhibition Association, Inc. on behalf of the Grand Forks County Commission for final approval of the Replat of Fairgrounds Subdivision, all of Block 4, (located north of Gateway Drive between North Washington Street and North Columbia Road), and recom- mended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF COLUMBIA
PARK 20TH ADDITION, BLOCK 1, LOT 22

The City Planning and Zoning Commission reported having considered the matter
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of the request from Steve Adams on behalf of Arthur Greenberg, Jr. for preliminary administrative approval (fast tract) and final approval of the Replat of Columbia Park 20th Addition, Lot 22, Block 1 (located south of 34th Street and Primrose Court), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO ANNEX BLOCK 1, LOT
1, MAIER'S SECOND ADDITION TO THE CITY OF
GRAND FORKS

The City Planning and Zoning Commission reported having considered the matter of request from Harvey Gabbert on behalf of Minnkota Power Cooperative, Inc. for approval to annex Block 1, Lot 1, Maier's Second Addition, Grand Forks, North Dakota (located northwest of 17th Avenue South and South 48th Street), and recommended approval and passage of the ordinance to annex, to introduce the ordinance and to set the date of the public hearing for March 21, 1994.

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

Council Member Glassheim introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Block 1, Lot 1, Maier's Second Addition", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE GARDENVIEW ESTATES ADDITION
WITHIN THE GARDENVIEW ESTATES PUD, CONCEPT
DEVELOPMENT PLAN

The City Planning and Zoning Commission reported having considered the matter of request from CPS, Ltd. on behalf of Johnson Farms/Tim Crary for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Agricultural) District and to include within the Gardenview Estates PUD (Planned Unit Development), Concept Development Plan, Gardenview Estates Addition (located north of 9th Avenue South extended and between South 34th Street 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 zoning map and to set the date of the public hearing for April 18, 1994.

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

Council Member 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-1 (Limited Agricultural) District and to include within the Gardenview Estates PUD (Planned Unit Development) District, Concept Development Plan, Gardenview Estates Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL OF GARDENVIEW
ESTATES PUD, DETAILED DEVELOPMENT PLAN,
TOWNHOUSE COMPLEX, GARDENVIEW ESTATES ADDITION

The City Planning and Zoning Commission reported having considered the matter
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of the request from CPS, Ltd. on behalf of Johnson Farms/Tim Crary for preliminary approval of Gardenview Estates PUD (Planned Unit Development), Detailed Development Plan, Townhouse Complex, Gardenview Estates Addition (located north of 9th Avenue South extended and between South 34th Street and South 42nd Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

APPROVE PRELIMINARY PLAT OF GOLDEN VALLEY
SECOND ADDITION, AND INTRODUCE ORDINANCE AMENDING
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON SAID PLAT

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Haugen-Masory for preliminary approval of the plat of Golden Valley Second Addition (located between 31st Avenue South and 32nd Avenue South and between South 38th Street 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 Map and to set the date of the public hearing for April 18, 1994.

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

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

GRANT PRELIMINARY APPROVAL OF GOLDEN VALLEY
PUD, DETAILED DEVELOPMENT PLAN, NATIONAL
MUFFLER, GOLDEN VALLEY SECOND ADDITION, BLOCK 1,
LOT 1

The City Planning and Zoning Commission reported having considered the matter of the request from Kenny Wouters on behalf of National Muffler for preliminary approval of Golden Valley PUD (Planned Unit Development), Detailed Development Plan, National Muffler, Golden Valley Second Addition, Block 1, Lot 1, Grand Forks, ND (located between 32nd Avenue South and 31st Avenue South and between South 38th Street and South 42nd Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

GRANT PRELIMINARY APPROVAL OF MEDVUE PUD,
DETAILED DEVELOPMENT PLAN, AMERICINN MOTEL,
MEDVUE ESTATES, BLOCK 1

The City Planning and Zoning Commission reported having considered the matter of the request from EAPC on behalf of Dakota Financial for preliminary approval of Medvue PUD (Planned Unit Development), Detailed Development Plan, Americinn Motel, Medvue Estates, Block 1, Grand Forks, ND (located between
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14th Avenue South and Knight Drive and between South Columbia Road and Knight Drive), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO AMENDING ZONING MAP
TO INCLUDE ALL OF KUSTER ADDITION AND LOT 7,
BLOCK 1, KUSTER THIRD RESUBDIVISION WITHIN
KUSTER PUD, CONCEPT AND DETAILED DEVELOPMENT PLANS,
AMENDMENT NO. 2

The City Planning and Zoning Commission reported having considered the matter of the request from Branden Bartholomew on behalf of Rod Hadland for preliminary approval of an ordinance to amend the Zoning Map to exclude from Kuster PUD (Planned Unit Development), Concept and Detailed Development Plan, Amendment No. 1 and to exclude from a portion of Johnson's PUD (Planned Unit Development), Concept and Detailed Development Plan, and to include within Kuster PUD (Planned Unit Development) Concept and Detailed Development Plan, Amendment No. 2, all of Kuster Addition and Lot 7, Block 1, Kuster Third Resubdivision to the city of Grand Forks, North Dakota (located in the northwest corner of 17th Avenue South and South 34th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the zoning map and to set the date of the public hearing for April 18, 1994.

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

Council Member 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 Kuster PUD (Planned Unit Development) Concept and Detailed Development Plan, Amendment No. 1 and to exclude from a portion of Johnson's PUD (Planned Unit Development), Concept and Detailed Development Plan, and to include within Kuster PUD (Planned Unit Development), Concept and Detailed Development Plan, Amendment No. 2, all of Kuster's 4th Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF KUSTER'S FOURTH
RESUBDIVISION, AND INTRODUCE ORDINANCE AMENDING
STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON SAID PLAT

The City Planning and Zoning Commission reported having considered the matter of request from Branden Bartholomew on behalf of Rod Hadland for preliminary approval of a Replat of Kuster Third Resubdivision, Block 1, Lot 7, to the city of Grand Forks, North Dakota, including a variance to the subdivision regulation as it relates to right of way access Section 18-0907(2)(L)3, and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the attached ordinance amending the Street and Highway Map and to set the date of the public hearing for April 18, 1994; to approve three variances to the subdivision regulations of the Land Development Code as it relates to right of way access, right of way width and right of way intersection off-sets.

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

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

GRANT PRELIMINARY APPROVAL OF KUSTER PUD,
AMENDMENT NO. 2, DETAILED DEVELOPMENT PLAN,
SINGLE FAMILY HOME AREA III, REPLAT OF LOT 7,
BLOCK 1, KUSTER THIRD RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from Branden Bartholomew on behalf of Rod Hadland for preliminary approval of Kuster PUD (Planned Unit Development), Amendment No. 2, Detailed Development Plan, Single Family Home Area III, Replat of Lot 7, Block 1, Kuster Third Resubdivision to the city of Grand Forks, North Dakota, and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

GRANT FINAL APPROVAL OF COLUMBIA PARK 5TH PUD,
DETAILED DEVELOPMENT PLAN, GFG, COLUMBIA PARK
23RD ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from James Craigmile on behalf of GFG Food Service for final approval of Columbia Park 5th PUD (Planned Unit Development), Detailed Development Plan, GFG, Columbia Park 23rd Addition, Grand Forks, ND (located south of 32nd Avenue South between South 44th and 48th Streets), 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.

A representative of GFG Food Service, Inc. asked that No. 15 under special conditions attached to the review copy (add additional architectural features and/or coloring on the building walls facing 32nd Avenue South and facing South 48th Street to subdue the wall mass.) be pulled as they didn't know what that cost will be.

It was moved by Council Member Kulas and seconded by Council Member McCabe to delete No. 15 under special conditions.

After some discussion it was moved by Council Member Glassheim and seconded by Council Member Hagness that rather than deleting No. 15 we amend Item No. 15 by adding the words "or landscaping" after the words "additional architectural.." Carried 13 votes affirmative.

Upon call for the question on the amended amendment and upon voice vote, the motion carried 13 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 13 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS
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Estimate Summary No. 253, dated February 28, 1994, and totaling $93,783.56, was presented and read.

It was moved by Council Member Kulas and seconded by Council Member Lien 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, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

REFER VARIOUS ITEMS TO COMMITTEE

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

1) Council Member Carpenter presented the matter of establishing a sub-committee to develop policy on tax increment financing and guidelines for its usage; the matter was referred to the mayor.
2) Council Member Carpenter presented the matter of complaint from resident re. buses speeding on Cherry Street; Mayor Polovitz referred the matter to the bus committee.
3) Council Member Johnson presented petition protesting sidewalk in easement between 11th Avenue South and Crescent Drive; Mayor Polovitz referred the matter to the public service committee for consideration.
4) Mr. Swanson, city attorney, informed council that he would be corresponding with Mr. Hovet, TCI of North Dakota, Inc. relative to his letter referring to council action of January 18 re. rate regulations.
5) The matter of vehicle mileage reimbursement for use of private vehicle through grant funds was presented to the council; Mayor Polovitz referred the matter to the finance committee.

APPROVE APPLICATION BY WESTWARD HO MOTEL FOR
SPECIAL ALCOHOLIC BEVERAGE PERMIT FOR EVENT ON
MARCH 11 AT 121 NORTH 5TH STREET

An application by Westward Ho Motel for special permit to sell alcoholic beverages at an event scheduled for March 11, 1994 at 121 North 5th Street, was presented to the council.

It was moved by Council Member Hoeppner and seconded by Council Member McCabe that this application be and is hereby approved. Carried 13 votes affirmative.

ADOPT PROCEDURES RECOMMENDED BY BUDGET
POLICY COMMITTEE

The matter of FY 1995 budget procedures as recommended by the Budget Policy Committee was presented to the council.

It was moved by Council Member Glassheim and seconded by Council Member Carpenter that the council adopt the procedures as recommended by the Budget Policy Committee.

After some discussion it was moved by Council Member Glassheim and seconded by Council Member Hanson to incorporate into this recommendation the proposal that the three council members appointed under section 3 for a Council/ Employee Discussion Team attend training session on negotiating, if available. Carried 13 votes affirmative.

Upon call for the question on the motion for adoption of the procedures, and upon voice vote, the motion carried 13 votes affirmative.

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Mayor Polovitz referred the matter of appointment of members to the FY 1995 Budget Framework Committee to each committee for designation of member (chairman or his designee).

APPROVE ACQUISITION OF R/W FOR 32ND AVENUE
SOUTH RECONSTRUCTION PROJECT

Ken Vein, city engineer, presented the matter of acquisition of roadway and utility easements for 32nd Avenue South reconstruction project as follows: Maier property, 1200 sq. ft at a cost of $600; NorAgra, Inc. property, approx. 1.91 acres at a cost of $7,300; and Odegard property, 10,832 sq.ft. at a cost of $10,850.00. He stated that in order to open bids for the project, need to make sure that right of way has been acquired. Moved by Hagness and Kulas to approve roadway and utility easements as presented, and further that the proper City officials be and are hereby authorized to execute said easements and make payment. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

ADJOURN

It was moved by Council Member Hanson and seconded by Council Member Hoeppner that we do now adjourn until Monday, March 21, 1994 at 7:30 p.m. Carried 13 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Michael Polovitz, Mayor