Print VersionStay Informed
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, May 16, 1994

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, May 16, 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, Geller, Johnson, Hagness - 14; absent: none.

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

APPROVE MINUTES APRIL 18 AND MAY 2, 1994

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, April 18, and of the regular meeting held on Monday, May 2, 1994, were presented and read. It was moved by Council Member Hanson and seconded by Council Member Johnson that these minutes be approved as read. Carried 14 votes affirmative.

APPROVE FINAL PLAT, AND ADOPT ORDINANCE NO. 3412
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
R/W SHOWN AS DEDICATED ON THE PLAT OF SHADYRIDGE
ESTATES FIRST ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Shadyridge Estates First Addition to the city of Grand Forks, North Dakota, being a portion of Section 26, Township 151 North of Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on April 18, 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 LaVonne Adams on behalf of Ralph J. Adams for final approval of Shadyridge Estates First Addition, Grand Forks, North Dakota, being a portion of Section 26, Township 151 North of Range 50 West of the 5th Principal Meridian (located at the easterly extension of 55th Avenue South), and recommended final approval 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 Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
13541
May 16, 1994

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 3413
TO AMEND THE STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC RIGHTS OF WAY SHOWN AS DEDICATED ON THE
PLAT OF STATE MILL SECOND 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 State Mill Second Addition to the city of Grand Forks, North Dakota, being a part of the Southwest Quarter of Section 33, Township 151 North of Range 50 West of the 5th Principal Meridian (Falconer Township)", which had been introduced and passed on its first reading on April 18, 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 Grand Forks City Engineering Department on behalf of the North Dakota Mill and Elevator for final approval of the plat of State Mill Second Addition, being a part of the Southwest Quarter of Section 33, Township 151 North of Range 50 West of the 5th Principal Meridian (Falconer Township) (located west of North Washington Street in the 1700 block, and recommended final approval 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 14 votes affirmative.

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

DEFEAT ORDINANCE AMENDING ZONING MAP TO
INCLUDE ENDRES-RYDELL ADDITION, BLOCK 1,
LOTS K AND L, WITHIN B-3 (GENERAL BUSINESS)
DISTRICT, AND INTRODUCE ORDINANCE TO AMEND ZONING
MAP TO INCLUDE WITHIN MIK-LAN PUD, CONCEPT DEVELOP-
MENT PLAN, AMENDMENT NO. 2

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-2 (Limited Business) District and to include within the B-3 (General Business) District, Endres-Rydell Addition, Block 1, Lots K and L, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 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.

13542
May 16, 1994

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 Rick Elafson on behalf of KBM, Inc. for final approval of an ordinance to amend the Zoning Map to exclude from the B-1 (Limited Business) District and to include within the B-3 (General Business) District Endres-Rydell Addition, Block 1, Lots K and L (located at 1551 28th Avenue South), and recommended defeating the ordinance rezoning the property from B-1 to B-3; preliminary approval of an ordinance amending the zoning map to exclude from the Mik-Lan PUD, Concept Development Plan, including Amendment No. 1; Mik-Lan 2nd PUD, Concept Development Plan and B-1 (Limited Business) District and to include within the Mik-Lan PUD, Concept Development Plan, Amendment No.2, all of Mikkelson-Landeco Addition, Mikkelson-Landeco 2nd Resubdivision, Mikkelson-Landeco 3rd Resubdivision, Mikkelson-Landeco 4th Resubdivision and Lot L, Block 1, Endres-Rydell Addition; to set the date of the public hearing for June 6, 1994; and preliminary approval of Mik-Lan PUD, Amendment No. 2, Detailed Development Plan, D & L Building, Lot L, Block 1, Endres-Rydell Addition.

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

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": none; voting "nay": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14. Mayor Polovitz declared the ordinance defeated.

Council Member Hoeppner 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 MIK-Lan PUD (Planned Unit Development), Concept Development Plan, including Amendment No. 1; MIK-LAN 2nd PUD (Planned Unit Development) Concept Development Plan, and B-1 (Limited Business) District and to include within the MIK-LAN PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Mikkelson-Landeco Addition, Mikkelson-Landeco 2nd Resubdivision, Mikkelson-Landeco 3rd Resubdivision, Mikkelson-Landeco 4th Resubdivision and Lot L, Block 1, Endres-Rydell Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

DEFEAT ORDINANCE TO AMEND ZONING MAP TO
INCLUDE ALL OF BURDICK'S RESUBDIVISION
WITHIN R-1 (SINGLE FAMILY RESIDENCE) DISTRICT

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the R-2 (One and Two Family Residence) District and to include within the R-1 (Single Family Residence) District all of Burdick's Resubdivision", which had been introduced and passed on its first reading on April 18, 1994, 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 Grand Forks Homes Association on behalf of the Grand Forks 13543
May 16,1 994

City Planning and Zoning Commission for final approval of an ordinance to amend the Zoning Map by excluding from R-2 (One and Two-Family Residence) District and to include within the R-1 (Single Family Residence) District all of Burdick's Resubdivision (located in the northeast corner of University Avenue and North 48th Street), and recommended denial of the request to amend the zoning map due to changes in condition since the initial application was made.

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

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": none; voting "nay": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14. Mayor Polovitz declared the ordinance defeated.

DEFEAT ORDINANCE TO AMEND LAND DEVELOPMENT
CODE RELATING TO WAIVER OF NOTIFICATION OF
PROPERTY OWNERS UNDER CERTAIN CONDITIONS

An ordinance entitled "An ordinance


which had been introduced and passed on its first reading on April 18, 1994, 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 that the matter of the request from the city attorney's office for final approval of an ordinance to amend the text of the Land Development Code, Article 10 (Amendments), Section 18-1001 (Zoning Maps and Zoning Regulations) paragraph (2) relating to waiver of notification of property owners within 400 feet of area being considered for rezoning under certain conditions, and recommended denial of the request to amend the text of the Land Development Plan.

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

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": none; voting "nay": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14. Mayor Polovitz declared the ordinance defeated.

ADOPT ORDINANCE NO. 3414 TO REFLECT DEFINITIONS
OF "IMPROVEMENT AND INFRASTRUCTURE" IN SALES TAX
ORDINANCE, AND APPROVE PAYMENT OF FLOOD CONTROL
STUDY COSTS

An ordinance entitled "An ordinance


13544
May 16, 1994

which had been introduced and passed on first reading on May 2, 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, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3415, RELATING TO THE
CIVIL SERVICE SYSTEM

An ordinance entitled "An ordinance amending Chapter VI of the Grand Forks City Code relating to the Civil Service System", which had been introduced and passed on its first reading on May 2, 1994 was presented and read for consideration on second reading and final passage.

Howard Swanson, city attorney, reported that subsection B of Section 6-0410 needs to be amended, that if an employee terminates employment in good standing he is eligible for certain benefits to be paid to him, that sick leave is one of those benefits he would receive a pro-rated portion of payback, and need to amend to include a reference to 1980 base hours, that this was an item that came into existence in 1980, and affected those employees who were in the employment of the City in 1980 and had accrued sick leave; and with respect to Section 6-0422, which deals with sick leave redemption, that this is not dependent upon termination but rather as an annual redemption of sick leave for those employees who have accrued at least 960 hours, and this also needs to be amended to reflect 1980 base hours.

Council Member Shores stated that one more position needs to be added to the listing of exempt positions - code enforcement officer, and moved an amendment to Section 6-0416, subsection A to include that position to the exempt position list. The amendment was seconded by Council Member Carpenter. Carried 14 votes affirmative.

It was moved by Council Member Hanson and seconded by Council Member Shores that the ordinance be amended to include reference to 1980 base hours in subsection B, Section 6-0410 and in Section 6-0410 sick leave payback and sick leave redemption. Carried 14 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, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3416, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE (HEALTH DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Department), which had been introduced and passed on its first reading on May 2, 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, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.


13545
May 16, 1994

ADOPT RESOLUTION AUTHORIZING, SELLING AND
ESTABLISHING THE TERMS OF $1,310,000 GENERAL
OBLIGATION TAX INCREMENT BONDS, SERIES 1994A,
CREATING A SINKING FUND THEREFOR AND LEVYING
TAXES FOR THEIR PAYMENT

The city auditor presented an affidavit showing publication in the newspaper of the City of a Notice of Bond Sale of $1,310,000 General Obligation Tax Increment Bonds, Series 1994A (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted April 18, 1994. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that six sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 6247 - Bid Tabulation.

Committee No. 1, Finance, reported having considered the matter of bids for sale of $1,310,000 G.O. Tax Increment Bonds, Series 1994A, and resolution authorizing, selling and establishing the terms of said bonds, and recommended that we approve the sale of $1,310,000 Tax Increment Bonds, Series 1994A, to Norwest Investment Services, Inc. at 5.85491%, and pass the resolution authorizing issuance and setting the sale of the bonds.

Wally Dornfeld, Springsted, Inc., reported that the City had received six bids, that the City had retained its double A rating, and that their recommendation was that the bid of Norwest at 5.85491% be accepted.

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

Council Member Shores introduced the following resolution and moved its adoption, which motion was seconded by Council Member Beyer: Document No. 6248 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 2216 11TH AVENUE NORTH
FOLLOWING PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Ramona Humann to move building from 509 5th Avenue SE, East Grand Forks, MN to 2216 11th Avenue North to be used as a garage 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 by Ramona Humann to move building from 509 5th Avenue SE, East Grand Forks, MN to 2216 11th Avenue North, to be used as a garage, and recommended that the application be approved, subject to the public hearing.
13546
May 16, 1994

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

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 802 SOUTH 10TH STREET FOLLOWING
PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Carter Passa to move building from rural East Grand Forks, MN to 802 South 10th Street, to be used as a single-family dwelling 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 by Carter Passa to move a building from rural East Grand Forks, MN to 802 South 10th Street, to be used as a single-family dwelling, and recommended that the application be approved, subject to the public hearing.

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

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 1165 SOUTH 38TH STREET FOLLOWING
PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by John O'Keefe to move a building from Crystal, ND to 1165 South 38th Street, to be used as a single-family dwelling 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 by John O'Keefe to move a building from Crystal, ND to 1165 South 38th Street, to be used as a single-family dwelling, and recommended that the application be approved, subject to the public hearing.

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

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 527, PROJECT NO. 4126

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 527, Project No. 4126, paving on 32nd Avenue South from I-29 to approximately 1,700 feet west, had expired on April 21, 1994 and that he had received no written protests.

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

Council Member Kulas introduced the following resolution as to protests which
13547
May 16, 1994

was presented and read: Document No. 6249 - Resolution.

It was moved by Council Member Kulas and seconded by Council Member Hanson that we do hereby find and determine an insufficiency of protests against Paving District No. 527, Project No. 4126, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.

SET PUBLIC HEARING FOR VACATION OF UTILITY
EASEMENT IN BLOCK 1, ENGLISH COULEE CENTER
ADDITION FOR JUNE 20, 1994

The city auditor reported that a petition to vacate the 10 foot wide utility easement along the west side of Lot 1, Block 1, English Coulee Center Addition had been filed with the planning office, and that in order to expedite this matter it was requested that the public hearing date be set. It was moved by Council Member Shores and seconded by Council Member Geller to accept the petition and that Monday, June 20, 1994 at 7;30 o'clock p.m. be set as the date and time of the public hearing on said petition. Carried 14 votes affirmative.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of April 30, 1994 was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Shores to receive and file the report. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment List No. 94-08, dated May 16, 1994, and totaling $642,212.63, 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 Hanson and seconded by Council Member Shores that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

GRANT PRELIMINARY APPROVAL ON APPLICATION BY
CARBO ENTERPRISES USA, INC. FOR 5-YEAR PROPERTY
TAX EXEMPTION AND SET PUBLIC HEARING

Committee No. 1, Finance, reported having considered the application by Carbo Enterprises USA, Inc., 1305 Dyke Avenue, for five-year property tax exemption, and recommended that the application be approved on a declining scale of 100%, 80%, 60%, 40% and 20%, subject to the public hearing on June 6, 1994, and subject to the city attorney's review.

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

APPROVE APPLICATIONS FOR 3-YEAR REMODELING
EXEMPTIONS

Committee No. 1, Finance, reported having considered the matter of applications for 3-year tax exemption on improvements: a) 1109 Lanark Avenue, b) 1204 Chestnut Street, c) 2410 9th Avenue North, and d) 1602 13th Avenue
13548
May 16, 1994

South, and recommended that the applications be approved.

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

APPROVE JOB DESCRIPTION FOR DIRECTOR OF
PUBLIC WORKS

Committee No. 1, Finance, reported having considered the matter of job description for director of public works, and recommended approval of the corrected job description.

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

ACCEPT OFFER TO PURCHASE LOT 15, BLOCK 1,
RYDELL WEST SUBDIVISION

Committee No. 1, Finance, reported having considered the matter of sale of City lot, Lot 15, Block 1, Rydell West Subdivision, and recommended to accept the offer of Grand Forks Equipment in the amount of $7,900.00, subject to review of the city attorney.

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

SET VALUE ON CITY LOT, LOT 4, BLOCK 1, MEDVUE
ESTATES 6TH RESUBDIVISION

Committee No. 1, Finance, reported having considered the matter of property valuation on City owned lot, Lot 4, Block 1, Medvue Estates 6th Resubdivision, and recommended that we price the lot at $16,300 and offer for sale subject to appropriate departments reviewing access and to provide access from the southwest corner of Lot 3.

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

INTRODUCE ORDINANCES TO AMEND ANNUAL APPROPRIATIONS
BILL ORDINANCE FOR CALENDAR YEAR 1994

A request to amend the budget for the City Hall the amount of $3,197.00 to use 1993 pooled cash carry-over to purchase recorder system for City Hall use was presented and read. It was moved by Council Member Johnson and seconded by Council Member McCabe that this request be and is hereby approved. Carried 14 votes affirmative.

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

A request to amend the budget for the Civic Auditorium in the amount of $750.00 to reflect unanticipated income from promotion grant from the
13549
May 16, 1994

Convention and Visitors Bureau, was presented and read. It was moved by Council Member Johnson and seconded by Council Member McCabe that this request be and is hereby approved. Carried 14 votes affirmative.

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

APPROVE PLEDGED SECURITIES

Committee No. 1, Finance, reported having considered with the city auditor the requirements of the North Dakota Century Code, as amended, which requires that pledges made by designated depositories of the public funds be approved in January of each even-numbered year and semi-annually, and reported having examined the records and found that the First Bank of North Dakota-Grand Forks has $95,000 deposited with the Federal Reserve bank of Minneapolis and $200,000 deposited with the First Bank National Association of Minneapolis; that First National Bank of Grand Forks has deposited $2,070,000 with the Federal Reserve Bank of Minneapolis and $4,580,000 with the Norwest Bank of Minneapolis; that Community National Bank has $2,750,000 deposited with the American National Bank and Trust Company of St. Paul; that First American Bank-Valley has $1,498,694.45 deposited with the American National Bank and Trust Company of St. Paul; and that Metropolitan Federal Savings and Loan Assn. has $4,397,575.83 deposited with the Federal Home Loan Bank of Des Moines; that a detailed listing is available in the city auditor's office; that all have been pledged as securities for public funds of the City of Grand Forks, that receipts from the Federal Reserve Bank and other financial institutions accepting custody of the bonds are on file in the auditor's office; and recommended that these pledged securities be and are hereby re-approved as required.

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

APPROVE REQUEST BY YMCA FAMILY CENTER TO
HOLD FIRECRACKER HALF MARATHON AND 8-K RUN
ON JULY 3, 1994

Committee No. 2, Public Safety, reported having considered the request by YMCA Family Center to hold Firecracker Half Marathon and 8-K run on July 3, 1994, and recommended approval of the request, subject to coordinating events with the police department.

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

APPROVE REQUEST BY YMCA FAMILY CENTER TO HOLD
COMMUNITY SPECIAL EVENTS

Committee No. 2, Public Safety, reported having considered the request by YMCA Family Center to hold special events during summer of 1994: YMCA Biathlon on May 21, YMCA Triathlon on July 20, and YMCA Family Fun Run on September 3, and recommended that the request be approved, subject to coordinating the events with the police department.

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

13550
May 16, 1994

APPROVE REQUEST BY KEM TEMPLE TO HOLD PARADE
ON JUNE 4, 1994

Committee No. 2, Public Safety, reported having considered the request by Kem Temple to hold parade on June 4, 1994 and to restrict parking in front of Masonic Temple, and recommended that we approve, contingent upon review and approval of the police department.

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

REFER MATTER OF CHANGES IN ALCOHOLIC BEVERAGE
LICENSE HELD BY CHI-CHI'S BACK TO COMMITTEE

Committee No. 2, Public Safety, reported having considered the matter of corporate changes in alcoholic beverage license held by Chi-Chi's, and recommended approval of the changes, subject to review and approval by the police department.

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

Council Members Hoeppner and Crawford asked that this matter be sent back to committee; Mayor Polovitz referred the matter back to the committee for further consideration.

INTRODUCE ORDINANCE AMENDING ANNUAL APPROPRIATIONS
BILL ORDINANCE FOR 1994 (HEALTH DEPARTMENT)

A request by the Health Department to amend the budget to purchase shelving/storage units and painting services out of 1993 budget carryover was presented and read. It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this request be approved. Carried 14 votes affirmative.

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

ADOPT RESOLUTION RECOGNIZING NORTH DAKOTA
REGION ANTIQUE AUTOMOBILE CLUB OF AMERICA, INC.
AS PUBLIC SPIRITED ORGANIZATION ELIGIBLE TO
CONDUCT GAMING, AND APPROVE APPLICATION FOR PERMIT

Committee No. 2, Public Safety Committee, reported having considered the application by North Dakota Region Antique Automobile Club of America, Inc. for raffle permit, and recommended that we adopt a resolution recognizing the North Dakota Region Antique Automobile Club of America, Inc. as a public-spirited organization eligible to conduct games of chance, and to approve the application.

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

Council Member Crawford introduced the following resolution which was presented and read: Document No. 6250 - Resolution.

It was moved by Council Member Crawford and seconded by Council Member
13551
May 16, 1994

Hoeppner that this resolution be and is hereby adopted. Carried 14 votes affirmative.

APPROVE REQUEST BY GRAND FORKS HERALD FOR
VARIANCE TO UPGRADE TRUCK LOADING DUCK IN ALLEY

Committee No. 3, Public Service, reported having considered the request by the Grand Forks Herald for variance to upgrade unloading dock in alley in 100 block between North 3rd and 4th Streets, and recommended approval of the variance, subject to signing of an indemnity and hold harmless agreement.

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

ACCEPT BID FOR DEMOLITION OF BUILDINGS ON
LOT AT 1310 8TH AVENUE NORTH

Committee No. 3, Public Service, reported having considered the matter of bids for demolition of buildings on lot at 1310 8th Avenue North, and recommended that we accept the low bid and award contract to Florian & Sons Excavating in the amount of $3,376.00.

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

AUTHORIZE ENTERING INTO AGREEMENT WITH WEBSTER
FOSTER & WESTON FOR ENGINEERING SERVICES FOR
PROJECT NO. 4181, 1994 FORCEMAIN REHAB.

Committee No. 3, Public Service, reported having considered the matter of proposed contract for engineering services for forcemain rehab., and recommended to authorize entering into an agreement with Webster, Foster & Weston for Project No. 4181, 1994 forcemain rehab. based on an hourly rate not to exceed $7,866.00.

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

AUTHORIZE ENTERING INTO AGREEMENT WITH CPS, LTD.
FOR ENGINEERING SERVICES FOR PROJECT NO. 4223,
DRAINAGE STRUCTURE AT NORTH 55TH STREET AND 27TH
AVENUE NORTH

Committee No. 3, Public Service, reported having considered the matter of engineering contract for North 55th Street bridge/structure, and recommended to authorize entering into an agreement with CPS, Ltd. for engineering services on an hourly rate basis plus out of pocket project expenses in an amount not to exceed $27,000.

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

13552
May 16, 1994

ACCEPT PROPOSAL FOR DREDGING SLUDGE IN PRIMARY
POND AT WASTEWATER LAGOON

Committee No. 3, Public Service, reported having considered the matter of awarding contract for dredging sludge in primary pond at wastewater lagoon, and recommended to award contract to Mini-Dredge at an hourly rate of $144.00/hour to a maximum of $30,000.

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

AWARD CONTRACT FOR PROJECT NO. 4184, RIPRAP
LEVELING AT WASTEWATER PONDS

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4184, riprap leveling at lagoon, and recommended to accept the low bid of Robinson Excavating in the amount of $8,895.00.

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

ACCEPT BID OF MIDWEST INDUSTRIAL FOR MOTOR
GRADER FOR STREET DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for motor grader for street department, and recommended that we proceed with purchase of the equipment from Midwest Industrial in the amount of $89,649.00.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4216,
SEWER DISTRICT NO. 350

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4216, Sewer district no. 350, sanitary sewer on South 34th Street, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project and set the date for opening bids as June 6, 1994.

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6251 - Resolution.

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


13553
May 16, 1994

APPROVE PLANS AND SPECIFICATIONS, AND AUTHORIZE
CALL FOR BIDS TO REPLACE SAMPLE BUILDING ON
OUTFALL LINE, PROJECT NO. 4196

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4196, replace sample building on outfall line, and recommended to approve plans and specifications, and to authorize call for bids.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING DISTRICT NO. 528, PROJECT NO. 4222

Committee No. 3, Public Service, reported having considered the matter of special assessment district for Project No. 4222, District No. 528, paving 30th Avenue South and South 34th Street, and recommended that we pass a resolution creating the special assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and further that we adopt declaration of intent to sell bonds.

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

Council Member Beyer introduced the following resolution creating the assessment district which was presented and read: Document No. 6252 - Resolution.

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

ACCEPT ENGINEER'S REPORT, PAVING DISTRICT NO.
528, PROJECT NO. 4222

The city auditor presented and read the engineer's report on Paving District No. 528, Project No. 4222: Document No. 6253 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING DISTRICT
NO. 528, PROJECT NO. 4222

Council Member Beyer introduced the following resolution of necessity, which was presented and read: Document No. 6254 - Resolution.

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


13554
May 16, 1994

AUTHORIZE PURCHASE OF RIGHT OF WAY FOR PAVING
PROJECT NO. 4147, NORTH COLUMBIA ROAD

Committee No. 3, Public Service, reported having considered the matter of purchase of right of way for Paving Project No. 4147, North Columbia Road, and recommended that we authorize City staff to acquire necessary right of way from the North Dakota State Mill and from North Dakota State Highway Department at a rate of $12,000 per acre.

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

Committee No. 3, Public Service, reported having considered the matter of positions for federally-funded projects, and recommended that we hire an Engineer II position to be paid out of Highway Users' Funds in an amount not to exceed $30,000 for salary and benefits for 1994.

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

AUTHORIZE INSTALLATION OF PAVING IN CITY R/W
AT 802 LINCOLN DRIVE

Committee No. 3, Public Service, reported having considered the request to install paving in city right of way at 802 Lincoln Drive, and recommended that we authorize the property owner to construct paving in City right of way at his expense, contingent upon signing of an indemnity and hold harmless agreement.

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

APPROVE PROGRAMMATIC AGREEMENT ON GRANITOID
PAVEMENT IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of programmatic agreement on granitoid pavement, and recommended to approve the agreement and to authorize property City officials to sign.

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

APPROVE REQUEST BY VERN'S REFUSE TO INSTALL
WATERLINE TO RECYCLING PLANT AT 5170 21ST
AVENUE NORTH

Committee No. 3, Public Service, reported having considered the request by Vern Gornowicz, Vern's Refuse, for waterline to recycling plant at 5170 21st Avenue North, and recommended that we approve request and allow Vern's Refuse to install 2" line to their property from existing line, contingent upon their agreement not to protest annexation in the future, and further that the city attorney review and prepare the necessary documents.
13555
May 16, 1994

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

Mayor Polovitz questioned whether City should be going outside parameters of Code, that this sets precedence, and Vern's has option of connecting to rural water line, and if granted, should request annexation. Council Member Hagness stated request was granted because he's been good neighbor, and won't protest annexation.

Bob Bushfield, city planner, asked council to consider that this is inconsistent with policy in land use plan, not to extend services outside city limits, long term maintenance costs would fall upon City, not efficient to provide services to one user with land in between un-utilized, precedence setting, and would encourage council not to permit.

It was noted that Vern's Refuse will pay for installation and will maintain, that they are now hauling water.

Mr. Vein, city engineer, also expressed concern with precedence setting, future water line as to size, would have to look at larger line in the future, and have to be maintained by the property owners.

Howard Swanson, city attorney, reviewed Code regulations with council, and advised that they may do so but must assess the connection fee.

Council Member Beach stated that one of the reasons Vern's Refuse was requesting hook-up to city was because of drainage ditch between their business and water line, making it very difficult to do.

Mr. Gornowicz, Vern's Refuse, stated they would have to go under drainage ditch, through road, and distance one-half mile farther. He also stated they would maintain the line.

After further discussion it was moved by Council Member Hagness and seconded by Council Member Glassheim to amend the motion to assess a connection fee of $500.00. Carried 14 votes affirmative.

Mr. Vein also noted that this is private service, would be inspected by city , and meter would be at location where make connection on to main, and any losses paid for by property owner.

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, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

REFER MATTER OF REQUEST FROM LAKE AGASSIZ
REGIONAL COUNCIL FOR FUNDS FOR MICROLOAN PROGRAM
BACK TO COMMITTEE

Committee No. 4, Urban Development, reported having considered the matter of request from Lake Agassiz Regional Council for microloan program, and recommended that we grant $20,000 for this program, subject to availability of funds, preferably out of sales tax funds.

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

Council Members Carpenter and Lien asked that this matter be referred back to committee for further consideration.

13556
May 16, 1994

Sue Hartman of the Lake Agassiz Regional Council reported she had additional information re. this program, which is sponsored by Small Business Administration, that they are 5 1/2 months into operation of the five-year program, and program requires match of 15%, and are asking four largest cities to contribute $20,000 each, that this is a one-time request and they would like to see some local participation.

Mayor Polovitz referred the matter back to the committee for further consideration.

AWARD BID FOR MOWING RIVERBANK

Committee No. 4, Urban Development, reported having considered the matter of bids for riverbank mowing, and recommended to award the bid to M and M Enterprises in the amount of $200 for base bid and $225.00 for alternate bid, per mowing.

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

APPROVE RENTAL REHAB APPLICATIONS

Committee No. 4, Urban Development, reported having considered the matter of rental rehab applications at a) 808 Lincoln Drive, and b) 911 Cottonwood Street, Roosevelt School, and recommended that we approve the application in the amount of $7,500 to Mr. Bosma for this project at 808 Lincoln Drive; and further that any funds available up to $150,000 be allocated for the Schoen and Kobetsky project, and further that we authorize expending $9,375 per unit for the Schoen and Kobetsky project at 911 Cottonwood Street.

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

Janet Hanson, 3603 12th Avenue North, concerned taxpayer, addressed council stating that should think of who tax dollars coming from, debt keeps growing; that there are rental units that need rehabbing, that there are funds available to bring units up to Code, and to use funds to benefit many rather than few. She stated School Dist. acted in haste, no earnest money, and no sale until zoning changed and shouldn't consider Schoen and Kobetsky as titled owners eligible for those funds; should take hard look for needs of children rather than tear down good gym, etc. She stated community responsible for our children, do everything possible to help parents, that she brought picture of basement apartment in Grand Forks, and should contact people that we have these funds.

Mr. O'Leary reported that Rental Rehab Program about 10 years old, and receiving monies to fix up apartments; that engineering department cooperative in referring owners to them. He also noted that program requires 50-50 match; that program has been a success and reviewed numbers with council. He also noted that units proposed by Schoen and Kobetsky are needed and available under this program, and asked council for support for this proposal.

Jim Kobetsky, 3737 Belmont Court, reported they had met May 9 with property owners and presented proposal to them for their reaction and that largest reaction was to parking. He stated they asked for comments and felt they received good response; that they are putting substantial amount of money into the project, and feel duty to save these historic buildings which are difficult to do.
13557
May 16, 1994

There was some discussion re. cost per unit and zoning.

Upon call for the question on the motion, and upon roll call vote the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

COUNCIL MEMBER LIEN EXCUSED

RECONSIDER COUNCIL ACTION TAKEN ON APRIL 18,
1994 RELATIVE TO AWARD OF BIDS FOR CONSTRUCTION
OF HOUSES IN BURDICK'S RESUBDIVISION

It was moved by Council Members Glassheim and Kulas to reconsider the council's action taken on April 18, 1994 relative to the award of bids for housing in Burdick's Resubdivision. Carried 13 votes affirmative.

Committee No. 4, Urban Development, reported having considered the matter of reconsideration of award of bids for housing in Burdick's Resubdivision, and recommended to consider council action taken on April 18, 1994 relative to award of bids for construction of houses in Burdick's Resubdivision, and to amend motion to award bid for siding as follows: to Diversified Contractors in the amount of $76,590 and to A and L Siding in the amount of $18,673.20.

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

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

COUNCIL MEMBER LIEN REPORTED BACK

APPROVE FINAL PLAT OF LANDECO SECOND RE-
SUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of request from Branden Bartholomew on behalf of Rod Hadland for final approval of the plat of Landeco Second Resubdivision (located west of Cherry Street across from Simonview 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 14 votes affirmative.

GRANT FINAL APPROVAL TO LANDECO PUD (PLANNED
UNIT DEVELOPMENT, DETAILED DEVELOPMENT PLAN,
TOWNHOUSE), LANDECO SECOND RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from Branden Bartholomew on behalf of Rod Hadland for final approval of Landeco PUD (Planned Unit Development, Detailed Development Plan, Townhouse) Landeco Second Resubdivision to the city of Grand Forks, North Dakota (located west of Cherry Street across from Simonview 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
13558
May 16, 1994

Hagness that this recommendation be and is hereby approved. Carried 14 votes affirmative.

INTRODUCE ORDINANCE TO ANNEX GARDEN VIEW
ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from Tim Crary on behalf of Johnson Farms for approval to annex all of Garden View Estates First Addition (located north of 11th Avenue South extended and between South 34th and South 42nd Streets), and recommended approval of the ordinance to annex, to introduce the ordinance and to set the date of the public hearing for June 6, 1994.

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

Council Member Crawford introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Garden View Estates First Addition", which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL OF PLAT AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT
OF GARDEN VIEW ESTATES FIRST ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Johnson Farms for preliminary approval of Garden View Estates First Addition, being a portion of the Southeast Quarter of the Northwest Quarter of Section 8, Township 151 North of Range 50 West of he 5th Principal Meridian (located west of South 34th Street between the Ray Richards Golf Course and 11th Avenue South), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for June 6, 1994.

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

Council Member Crawford 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 Garden View Estates First Addition to the city of Grand Forks, North Dakota, being a portion of the Southeast Quarter of the Northwest Quarter of Section 8, Township 151 North of Range 50 West of the 5th Principal Meridian", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF
WESTACOTT'S ADDITION, BLOCK 15, LOTS 1, 2,
3 AND 4, INCLUDING PORTION OF VACATED
NORTH 22ND STREET AND ALLEY

The City Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering on behalf of Norval Meagher and others for preliminary approval of a Replat of Westacott's Addition, Block 15, Lots 1, 2, 3 and 4, including a portion of vacated North 22nd Street and alley adjacent thereto, city of Grand Forks, ND (located at 2201 through 2215 12th Avenue North), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

13559
May 16, 1994

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

DENY REQUEST FOR AMENDMENT TO TEXT OF LAND
DEVELOPMENT CODE RE. BANNER SIGNS PERMITTED
IN B-4 DISTRICTS

The City Planning and Zoning Commission reported having considered the matter of the request from Jim Bailey on behalf of the American Bikers Aiming Toward Education (ABATE of North Dakota) for final approval of an ordinance to amend the text of the Land Development Code relating to Section 18-0204 Rules and Definitions, Section 18-0301(2)(Z) Signs and Section 18-0301(7)(D) Signs permitted in the B-4 (Central Business) District, banner signs, and recommended denial of the request.

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

ACCEPT PETITION FOR VACATION OF SIDEWALK
EASEMENT IN BLOCK 15, WESTWARD ACRES
SUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the petition to vacate a sidewalk easement common to Lots 8, 9, 22 and 23, Block 15, Westward Acres Subdivision, Grand Forks, ND (located between South 24th Street and South Columbia Road, 2700 block, and between Crescent Drive and 11th Avenue South, and recommended approval of a resolution to vacate and to set the date of the public hearing for June 20, 1994.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signature, that it be filed with the city auditor, and that a notice of public hearing be published as required. Carried 14 votes affirmative.

INTRODUCE ORDINANCE TO ADOPT NEW ZONING MAP
AND SUPPLEMENT FOR THE PURPOSE OF RECODIFYING,
AND MAKING MINOR ADJUSTMENTS TO EXISTING BOUNDARIES

The City Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks City Planning Department for preliminary approval of an ordinance to amend the Zoning Map by adoption of a new Zoning Map and Supplement attached thereto having an effective date of July 1, 1994, for the purpose of clarifying, recodifying, making minor adjustments to existing zoning boundaries where it splits parcels, eliminating small planned unit developments that resulted from the elimination of community unit projects within the R-4 (Multiple Family) District and other minor district boundary adjustments, and recommended preliminary approval of the ordinance amending and adopting a new zoning map with supplement attached thereto, to introduce the ordinance and to set the date of the public hearing for June 6, 1994.

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

Council Member Crawford introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, by adoption of a new Zoning Map and Supplement attached thereto having an effective date of
13560
May 16, 1994

July 1, 1994," which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC RIGHTS OF WAY SHOWN AS DEDICATED
ON THE PLAT OF AIRPORT 4TH ADDITION

The City Planning and Zoning Commission reported having considered the matter of request from CPS, Ltd. on behalf of NDDOT for preliminary approval of the plat of Airport 4th Addition to the city of Grand Forks, ND being a part of the Northeast Quarter of the Northeast Quarter of Section 6, Township 151 North, Range 50 West of the 5th Principal Meridian (located south of Gateway Drive between North 42nd and North 43rd Streets), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for June 6, 1994.

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

Council Member Crawford 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 Airport 4th Addition to the city of Grand Forks, North Dakota, being a part of the Northeast Quarter of the Northeast Quarter of Section 6, Township 151 North, Range 50 West of the 5th Principal Meridian", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ZONING MAP TO
INCLUDE LOTS IN BLOCKS 2 AND 3, REPLAT OF
ADAMS-DOBMEIER 2ND SUBDIVISION WITHIN I-1
(LIGHT INDUSTRIAL) DISTRICT

The City Planning and Zoning Commission reported having considered the matter of the request from L & L Masonry, Inc. and others for preliminary approval of an ordinance to amend the Zoning Map to exclude from the B-3 (General Business) District and to include within the I-1 (Light Industrial) District all of Lots A through D, Block 2 and all of Lots A through E, Block 3, Replat of Adams-Dobmeier 2nd Subdivision to the city of Grand Forks, North Dakota (located west of North 55th Street between 10th Avenue North and one-half block north of 12th Avenue North), 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 June 6, 1994.

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

Council Member Crawford 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 B-3 (General Business) District and to include within the I-1 (Light Industrial) District, all of Lots A thru D, Block 2 and all of Lots A thru E, Block 3, Replat of Adams-Dobmeier 2nd Subdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

RECESS FOR 5-MINUTES; AND RECONVENE

Mayor Polovitz called for a 5-minute recess at 9:10 p.m. The council reconvened at 9:15 p.m. with all members except Council Members Beach, Beyer and Carpenter present.
13561
May 16, 1994

APPROVE 1994 SECTION 9 GRANT AGREEMENT WITH
FEDERAL TRANSIT ADMINISTRATION

The Bus Committee reported having considered the matter of the 1994 Section 9 grant agreement with the Federal Transit Administration in the amount of $574,000, and recommended approval of the 1994 Section 9 grant agreement with the Federal Transit Administration in the amount of $574,000.

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

COUNCIL MEMBERS CARPENTER, BEACH AND BEYER
REPORTED BACK

APPROVE PURCHASE OF TRANSIT COACHES IN 1995

The Capital Improvements Committee reported having considered the matter of approval to purchase two transit coaches for the Transportation Department in 1995, and recommended approval to purchase two transit coaches for the Transportation Department in 1995.

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

AUTHORIZE PURCHASE OF MINI-VANS FOR DIAL-A-
RIDE PROGRAM

The Capital Improvements Committee reported having considered the matter of purchasing two min-vans for the Transportation Department Dial-a-Ride Program, and recommended approval.

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

APPROVE FUNDING FOR 1995 BIKEWAY PROJECTS

The Capital Improvements Committee reported having considered the matter of funding of the 1995 bikeway projects, and recommended approval for funding of the 1995 bikeway projects.

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

APPROVE 1995-1997 STREET AND HIGHWAY PROJECTS
FOR FEDERAL FUNDING

The Capital Improvements Committee reported having considered the matter of approval of the 1995-1997 Street and Highway Projects for federal funding and approval to move the Mill Road bridge replacement project from 1995 to 1996, and recommended approval of the 1995-1997 Street and Highway Projects for federal funding and approval to move the Mill Road bridge replacement project from 1995 to 1996.

It was moved by Council Member Hanson and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 14 votes
13562
May 16, 1994

affirmative.

APPROVE PURCHASE OF FIRE TRUCK IN 1995

The Capital Improvements Committee reported having considered the matter of the purchase of an aerial truck in 1995 for the fire department, and recommended approval to purchase an aerial truck in 1995 for the fire department.

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

EXCLUDE PROPOSED PROJECT FROM BIKEWAY
SYSTEM CIP LIST

Chuck Durrenberger, Planner II, distributed revised copies of tables which were just approved, asking for motion to approve these areas for 1995-1997, excluding one of the projects on the bikeway system Table 14, i.e., river walks and amphitheater.

It was moved by Council Member Hanson and seconded by Council Member McCabe to exclude the project for riverwalks and amphitheater from the 1995-1997 CIP for the Bikeway System. Carried 14 votes affirmative.

APPROVE APPOINTMENT OF WAGE DISCUSSION
TEAM

Council Member Carpenter reported that the responsibility had been delegated to him to put together wage discussion team, and moved the appointment of the following members to the wage discussion team: Council Member Glassheim, chair, and Council Members Hanson and Hagness; Council Member Crawford seconded the motion. Carried 14 votes affirmative.

APPROVE RECOMMENDATION FROM SPECIAL COUNCIL
CHAMBER REVIEW COMMITTEE RELATING TO CHAMBER
MODIFICATIONS

Committee No. 3, Public Service, reported having considered the recommendation from the Special Council Chamber Review Committee re. council chambers modifications, and recommended that we accept the recommendation of the special committee on alteration of the council chambers. as follows:
to accept the bid of Radi's for modification of council desk and counter in an amount up to $10,736.96; and approve costs for relocation of media jacks in the amounts of $526.60 and $255.33, with a contribution by EAPC in an amount to be determined and further that costs be paid out of the Building Fund.

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

Council Member Glassheim reported that they had worked with engineer and contractor to get results wanted, and are asking for a total of $9,441.50, including rewiring of media jacks (3/10th of 1% of cost of the project), and have reconsidered awarding to lowest bid, Radi's.

Steve Johnson, asst. building inspector, reviewed bids and modifications to be done and added items.

Council Member Glassheim moved to amend motion to read as follows: to accept the following bids for modifications of the council chambers: Custom Millwork in an amount up to $7,056.50, floor to ceiling carpeting, $1296, Bergstrom
13563
May 16, 1994

Electric, $585, and Tricorne Audio, $1,050.93, and further that the award is on the condition that the contractor begin work after the council meeting and complete work within two weeks, with a final completion date no later than July 31 and a penalty for each day beyond July 31 or each day beyond the 14 days work cycle of $200, and that funds be taken out of the Building Fund; Council Member Hoeppner seconded the motion.

After further discussion it was moved by Council Member Geller to remove items b) to lower center counter, c) lower wings counter, d) realign counter and e) carpeting, floor to ceiling, from the motion. The motion died for lack of a second.

It was then moved by Council Member Johnson and seconded by Council Member Hagness to amend the motion to negotiate items b) and c) with EAPC. Carried 14 votes affirmative.

Council Member Shores moved an amendment to delete items d) and e), which was seconded by Council Member Kulas. Upon voice vote the amendment failed.

Upon call for the question on the motion, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, Hagness, Glassheim, Crawford, Carpenter, Beyer, Johnson, Hagness - 8; voting "nay": Council Members McCabe, Kulas, Hanson, Lien, Shores, Geller - 6. Mayor Polovitz declared the motion carried.

APPROVE APPOINTMENT TO PARK DEDICATION
COMMITTEE

Mayor Polovitz announced the appointment of Council Member Hagness to the Park Dedication Committee, and asked for concurrence in this appointment. It was moved by Council Member Beach and seconded by Council Member Hoeppner that this appointment be and is hereby approved. Carried 14 votes affirmative.

APPROVE APPOINTMENT TO MAYOR'S COMMITTEE ON
EMPLOYMENT OF PEOPLE WITH DISABILITIES

Mayor Polovitz announced the appointment of Bob Kautzman, Jerry Hietala, Greg Van Ash, and Kevin Bye to the Mayor's Committee on Employment of People with Disabilities, and asked for concurrence in these appointments. It was moved by Council Member Geller and seconded by Council Member Hanson that these appointments be and are hereby approved. Carried 14 votes affirmative.

APPROVE CERTIFICATE OF COMPLETION, PROJECT
NO. 3793

A communication was presented and read from the city engineer certifying that the contractor had successfully completed the construction of the following project in a satisfactory manner, and recommended acceptance by the city council: Project No. 3793, DeMers Avenue Bikepath, State Project TEU-6-297(002)002.

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

REFER VARIOUS ITEMS TO COMMITTEE

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

1) Council Member Beyer presented the matter of parking problem/traffic congestion at corner of South 12th Street and 24th Avenue South. Mayor Polovitz referred the matter to the public safety committee.
13564
May 16, 1994

2) Council Member Johnson asked that he matter of mosquito control be referred to committee. Mayor Polovitz referred this matter to the public safety committee.

ADJOURN

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that we do now adjourn. Carried 14 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Michael Polovitz, Mayor