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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, June 6, 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, June 6, 1994 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, Hoeppner, Kulas, Hanson, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 12; 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 item.

COUNCIL MEMBER McCABE REPORTED PRESENT

ADOPT ORDINANCE NO. 3417, TO ANNEX ALL
OF GARDEN VIEW ESTATES FIRST ADDITION
TO THE CITY OF GRAND FORKS

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Garden View Estates First Addition", which had been introduced and passed on its first reading on May 16, 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.

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

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3418, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF GARDEN VIEW 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 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 had been introduced and passed on its first reading on May 16, 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 CPS, Ltd. on behalf of Johnson Farms for final 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 the 5th Principal Meridian (located west of South 34th Street between the Ray
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Richards Golf Course and 11th 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 Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

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

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3419, TO AMEND THE STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF AIRPORT 4TH 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 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 had been introduced and passed on its first reading on May 16, 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 CPS, Ltd. on behalf of North Dakota Department of Transportation for final 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 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 Beyer and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 13 votes affirmative.

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

ADOPT ORDINANCE NO. 3420, AMENDING ZONING MAP
TO INCLUDE WITHIN 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

An ordinance entitled "An ordinance to amend the Zoning Map of the city of
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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 had been introduced and passed on its first reading on May 16, 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 request from L & L Masonry, Inc. and others 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-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 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 final approval and passage of the ordinance amending the Zoning Map.

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

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Crawford, Carpenter, Lien, Beyer, Shores, Geller, 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 WITHIN
MIK-LAN PUD, CONCEPT DEVELOPMENT PLAN, AMENDMENT
NO. 2, ALL OF MIKKELSON-LANDECO ADDITION, MIKKELSON-
LANDECO 2ND, 3RD AND 4TH RESUBDIVISIONS, AND LOT L,
BLOCK 1, ENDRES-RYDELL ADDITION, TO JULY 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 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 had been introduced and passed on its first reading on May 16, 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.
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The City Planning and Zoning Commission reported having considered the matter of the request from Buster Little on behalf of KBM, Inc. for final approval of an ordinance to amend the Zoning Map by excluding 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 (located between South 20th Street and one block east of South 17th Street and between Continental Drive and 32nd Avenue South), and recommended continuing the public hearing date until July 18, 1994.

It was moved by Council Member Hagness and seconded by Council Member Hoeppner that this recommendation be and is hereby approved and that the public hearing and second reading of the ordinance be continued until July 18, 1994. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3421, ADOPTION OF NEW
ZONING MAP AND SUPPLEMENT, EFFECTIVE JULY 1,
1994

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 hereto having an effective date of July 1, 1994", which had been introduced and passed on its first reading on May 16, 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 was some discussion relative to the buffer zone between the MF-4 district and the B-3 district on 28th Avenue South, 1300-1500 blocks (as shown on Sheet 46 of the supplement to the zoning ordinance). It was noted that Rydell's is expanding their sales lot into the A-1 District and that by extending the B-3 district by 75 ft. to the west would take care of the construction area. Mr. Bushfield recommended leaving the proposed rezoning as A-1 between the B-3 and MF-4 area, and that this would still accommodate Rydell's. Floyd Hickock, stated that 75 ft. would be sufficient to take into consideration construction underway.

COUNCIL MEMBER GLASSHEIM REPORTED PRESENT

Mr. Bushfield, city planner, stated that they would have temporary solution with 75' extension, allow them to continue construction but not impact property owners to the west, still 210 ft. of area in A-1 Dist., stop gap for them to continue construction.

It was noted that Rydell's did not take out building permit, but that they would have to come back in on balance of request. Mr. Vein reported that last year fine doubled for violation, and would assume that was enforced, not aware of building over easements, etc.

Mayor Polovitz closed the public hearing.

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The City Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks City Planning Department for final 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) Districts and other minor district boundary adjustments, and recommended final approval and passage of the ordinance adopting a new zoning map and supplement, including the addition of rezoning from B-3 (General Business) District to B-1 (Limited Business) District, Lots D, E, F, G and K, Block 1, Endres-Rydell Addition to the city of Grand Forks, North Dakota (located at 1315 and 1501 28th Avenue South).

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

It was moved by Council Member Hagness and seconded by Council Member Beyer to amend the recommendation from the Planning and Zoning Commission, and to amend the zoning map (sheet 46) to extend B-3 (General Business) zone 75' to the west. Carried 13 votes affirmative; Council Member Hanson voted against the motion.

Upon call for the question on the original question and upon voice vote the motion carried 13 votes affirmative; Council Member Hanson voted against the motion.

Upon call for the question of adoption of this 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. 3422, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(CITY HALL BUDGET)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (City Hall Department in the amount of $3,197.00), which had been introduced and passed on its first reading on May 16, 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. 3423, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(CIVIC AUDITORIUM BUDGET)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Civic Auditorium budget in the amount of $750.00), which had been introduced and passed on its first reading on May 16, 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,
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Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3424, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(HEALTH DEPARTMENT BUDGET)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Department in the amount of $746.00), which had been introduced and passed on its first reading on May 16, 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.

INTRODUCE ORDINANCE AMENDING ANNUAL APPROPRIATIONS
BILL ORDINANCE FOR 1994 (FLOOD CONTROL CAPITAL
PROJECTS FUND)

Council Member Shores introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Flood Control Capital Projects Fund), which was presented, read and passed on its first reading.

HOLD PUBLIC HEARING, AND APPROVE APPLICATION
BY CARBO ENTERPRISES USA, INC. FOR PROPERTY
TAX EXEMPTION ON NEW FACILITY

The city auditor reported that pursuant to the provisions of Section 40-57.1 of the North Dakota Century Code, notice had been given that the city council would meet this evening to consider the application of Carbo Enterprises USA, Inc., 1305 Dyke Avenue, for a five-year exemption of ad valorem taxation on a facility to be constructed on Lot B, Replat of Lots 1, 2, Block 1, 3 and 4, less .30 acres for highway, and Lot 5, Budge & Eshelman's 3rd Addition to the city of Grand Forks, North Dakota, which the applicant will use in the operation of his business (assembling and shipping NHL souvenir products), and further that no protests or grievances had been filed with his office.

Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments and Mayor Polovitz closed the public hearing.

It was moved by Council Member Shores and seconded by Council Member Kulas that we do find and determine an insufficiency of protest on the application. Carried 14 votes affirmative.

It was moved by Council Member Shores that we approve the application and grant a five-year exemption as follows: 100% for the first year, 80% for the second year, 60% for the third year, 40% for the fourth year, and 20% for the fifth year. The motion was seconded by Council Member Kulas.

Upon call for the question 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.

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APPROVE ASSESSMENTS, SNOW REMOVAL PROJECT
NO. 4150

The city auditor presented and read the assessments as certified to him by the superintendent of streets on Snow Removal Project No. 4150, in the amount of $7,593.52, and reported that the legal notice to the public that these assessments would be presented to the city council this evening had been published as required, and further that no protests or grievances had been filed with his office.

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

It was moved by Council Member Hoeppner and seconded by Council Member Lien that these assessments be and are hereby accepted and confirmed and that they be levied against the property benefitted in one annual installment to be collected with other taxes by the proper authorities. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Lien and seconded by Council Member Shores that consent agenda items be referred to the proper committee for investigation, consideration and report back with recommendation. Carried 14 votes affirmative.

Finance Committee:
1) application by Billy Bob's, Inc., 1509 Dyke Avenue, for five-year property tax exemption.

Public Service Committee:
1) petition relative to condition of North 55th Street.

REPORTS OF OFFICERS

The city auditor's portfolio master summary and investment activity summary as of May 31, 1994 were presented and read. It was moved by Council Member Kulas and seconded by Council Member Glassheim that these reports be and are hereby received and filed. Carried 14 votes affirmative.

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from Bruce Melin, building inspector, was presented and read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Thursday, May 19, 1994 that notice had been published as required and that the following appeals were heard: 1) Doug and Julie Goodman, 2515 South Washington Street, request for variance to the rear-yard setback requirements and to the rear-yard landscaping (Type B) requirements to erect an addition onto the building, described as Lot 1, Block 1 of Lander's Addition, and that the Board unanimously approved a motion to allow a 5 ft. rear-yard setback so the new addition would match the existing building, with the landscaping area reduced to 5 ft., and that this is a variance of 5 ft. to the landscaping area from 10 ft. and 15 ft. from the rear-yard requirement of 20 ft.; 2) Myron and Betty Bender, 716 North Columbia Road, request for variance to the front-yard setback requirements to erect a garage addition, described as Lot 1, Block 15, Swangler's Subdivision; and that the Board unanimously approved a motion to allow a second front-yard setback allowing an 8 ft. addition to the garage, that this is a variance of approx. 4 ft. beyond the prevailing setback of adjacent properties; 3) Donna and Fred Remer (agent: Lynn Vreeland), 111
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Reeves Court, request for variance to the accessory building requirements to erect a garage and house addition, described as the west one-half of Lot D, Block 1, Reeves Court Addition; and approved a motion (Vreeland abstaining) to allow an accessory building separation of 9'6", a variance from 12 ft. required for an addition to the house and garage; 4) David and Roxanne Kasper, 1701 7th Avenue North, request for variance to the accessory building requirements to erect a garage, described as Lot 1, Block 15, Auditor's Subdivision No. 3, and unanimously approved a motion to allow a 17 ft. driveway setback for a detached garage, a variance of 3 ft. from the required 20 ft.; 5) Harvey Akridge (agent: Carter Passa), 802 South 10th Street, request for variance to front-yard setback requirements and to the second front-yard setback requirements to move a house in and to convert the existing house into a garage, described as Lots 1 and 2, Block 10, McKelvey's Addition, and unanimously approve a motion to allow an 18.5 ft. driveway setback and a 6.5 ft. side-yard setback to allow the conversion of an existing house to an attached garage.

It was moved by Council Member Geller and seconded by Council Member Lien to receive and file the report. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-09, dated June 6, 1994, and totaling $5,064,847.43, 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 Hoeppner 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.

APPROVE FINANCING OF SIDEWALK IMPROVEMENTS

Committee No. 1, Finance, reported having considered the bids for sidewalk improvement bonds in the amount of $160,000 to $200,000, and recommended that we accept the bid of Community National Bank at 98.00% of par, with a coupon rate of 4.90% and a net interest cost of 5.37% on the basis of a five-year bond term.

It was moved by Council Member McCabe and seconded by Council Member Shores 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 JOB DESCRIPTION OF PLATTING AND RIGHT
OF WAY OFFICER

Committee No. 1, Finance, reported having considered the matter of job description for platting and right of way officer, and recommended to accept changes and approve the new job description.

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

MATTER OF LEASE IN FORMER WHITE DRUG BUILDING

Committee No. 1, Finance, reported having considered the matter of lease in
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former White Drug building, and recommended that negotiations continue and monies for remodeling of space be taken from excess sales tax as a loan to be repaid from monthly rentals.

It was moved by Council Member McCabe and seconded by Council Member Shores 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 applications for 3-year remodeling exemptions: 1) 121 8th Avenue South, 2) 520 Plum Avenue, and c) 2614 Chestnut Street, and recommended that the exemptions be approved per the assessor's recommendation.

It was moved by Council Member McCabe and seconded by Council Member Shores 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 BOND FOR CITY AUDITOR, MUNICIPAL JUDGE
AND CITY ASSESSOR

Committee No. 1, Finance, reported having considered the matter of bond for city auditor, municipal judge and assessor per NDCC 40-13-02, and recommended that bond, as required by NDCC 40-13-02 be approved through he State Bond Fund for the city auditor, municipal judge and assessor.

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

CONSIDER PROPOSAL TO ESTABLISH CITY FLAG

Committee No. 1, Finance, reported having considered the matter of proposal to establish city flag, and recommended to establish an organization committee as outlined in the proposal, with costs to be paid through donations.

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

Council Member McCabe reviewed his proposal to establish a flag, and process for selection, and asked for approval of the concept. He introduced Mr. Haakenson, former mayor of Bismarck and member of Burleigh County Commission, who explained process Bismarck went through to select flag and its use in the community.

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

RECESS FOR 5-MINUTES

Mayor Polovitz called for a five-minute recess. The council reconvened at 8:30 p.m. with all members present except Council Member McCabe.

AUTHORIZE REMOVAL OF PARKING RESTRICTION ON
SOUTH SIDE OF DEMERS AVENUE FRONTAGE ROAD
ALONG GOLF COURSE DURING HOLE IN ONE CONTEST

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Committee No. 2, Public Safety, reported having considered the request to remove street parking restrictions on June 3-12 for Hole-in-One contest at Ray Richard's Golf Course, and recommended that we approve request for removal of parking restrictions on south side of the frontage road along the golf course to allow parking during the event.

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

APPROVE APPLICATION BY WESTWARD HO MOTEL FOR
SPECIAL ALCOHOLIC BEVERAGE PERMIT ON JULY 4

Committee No. 2, Public Safety, reported having considered the application by Westward Ho Motel for special alcoholic beverage permit at designated premises - riverbank behind Lunseth's and adjacent property on July 4, and recommended that the application be approved.

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

APPROVE REQUEST TO HOLD POTATO BOWL PARADE
ON SEPTEMBER 24, 1994

Committee No. 2, Public Safety, reported having considered the request to hold Potato Bowl parade on September 24, 1994, and recommended to approve the request, contingent upon coordinating the event with the police department.

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

AUTHORIZE CLOSING RIVERBOAT ROAD DURING
"ROLLIN' ON THE RIVER" ON WEDNESDAYS DURING
AUGUST

Committee No. 2, Public Safety, reported having considered the request by Central Business District Assn. for closing of Riverboat Road from DeMers Avenue to the entrance of the bridge parking lot on Wednesdays beginning August 3 through August 31 from 11:00 a.m. until 2:00 p.m.

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

APPROVE CARNIVAL PERMIT

Committee No. 2, Public Safety, reported having considered the request by Greater Grand Forks Fair & Exhibition Assn., Inc. for carnival permit June 15 - 19, 1994, and recommended that we approve the application subject to approval by the fire, health and police departments.

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

ACCEPT BIDS FOR MOSQUITO CONTROL

Committee No. 2, Public Safety, reported having considered the bids for mosquito control, and recommended that we accept the bid of Airborne Custom
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Spraying in the amount of $1.85/per acre for the first application, $1.75/per acre for the second application, and $1.65/per acre for the third application, with City to provide liability insurance.

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

CHANGE PARKING ON SOUTH 4TH STREET IN FRONT
OF FORMER POST OFFICE BUILDING TO ALL-DAY
PARKING

Committee No. 2, Public Safety, reported having considered the matter of Ecolab parking, and recommended that the 10-minute zones in front of the post office location be converted to all-day parking in lieu of changing the parking restrictions on South 4th Street adjacent to Deaconess building, and further that Ecolab and Ken Welter (Deaconess building owner) work with CBD Parking Authority to develop County property and other across Division into usable surface lot for tenants in the old Deaconess and NICOA buildings.

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

REMOVE PARKING AT SOUTH 12TH STREET AND 24TH
AVENUE SOUTH INTERSECTION TO REDUCE CONGESTION
AND REMOVE BUS SHELTER

Committee No. 2, Public Safety, reported having considered the matter of parking problem/traffic congestion at corner of South 12th Street and 24th Avenue South, and recommended that parking be removed on both sides of South 12th Street and 24th Avenue South for approximately 3 car lengths on all approaches to reduce congestion and improve sight distance, and removal and relocation of bus shelter as per City bus requirements.

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

GRANT VARIANCE TO NOISE ORDINANCE TO OPP
CONSTRUCTING DURING 1994 CONSTRUCTION SEASON

Committee No. 2, Public Safety, reported having considered the request for variance to noise ordinance for 1994 construction projects, and recommended that we grant a variance to Opp Construction Company.

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

APPROVE APPLICATION FOR AIRPORT LIMOUSINE
SERVICE BY 1ST CLASS LIMOUSINE

Committee No. 2, Public Safety, reported having considered the application for airport limousine license by 1st Class Limousine, and recommended approval of the application subject to inspection of vehicles by the police department.

It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes
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June 6, 1994

affirmative.

INTRODUCE ORDINANCES AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
FOR HEALTH DEPARTMENT BUDGET AND POLICE
DEPARTMENT BUDGET

Committee No. 2, Public Safety, reported having considered the request to amend the Health Department Wellness Program to reflect unanticipated income of $3,417.00 for ND Aging Services Grant, and recommended approval of the budget amendment. It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirmative.

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

Committee No. 2, Public Safety, reported having considered the request to amend the Police Department budget to reflect unanticipated revenue from Narcotics Enforcement grant in the amount of $2,000, and recommended approval of the budget amendment. It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirmative.

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

COUNCIL MEMBER McCABE REPORTED BACK

AUTHORIZE PURCHASE OF LAB EQUIPMENT FOR
WATER TREATMENT PLANT

Committee No. 3, Public Service, reported having considered the bid summary for gas chromatograph/mass spectrometer for water treatment plant, and recommended to accept the bid of International Equipment Trading Ltd. in the amount of $55,000 and further that $1,026.00 be transferred from Contingencies to General Equipment Capital Outlay budget to cover balance of purchase price.

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

INTRODUCE ORDINANCE PROHIBITING SCAVENGING
OF CURBSIDE RECYCLING MATERIALS

Committee No. 3, Public Service, reported having considered the matter of ordinance to prohibit scavenging of recyclable materials, and recommended adoption of the recycling ordinance prohibiting scavenging of curbside recyclables, and introduce for first reading.

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

Council Member Hagness introduced an ordinance entitled "An ordinance amending Section 13-0415 and adopting Section 13-0416 of the Grand Forks City Code
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June 6, 1994

relating to scavenging of recycling materials prohibited and penalties", which was presented, read and passed on its first reading.

APPROVE AMENDMENT TO INDUSTRIAL WASTE PERMIT
FOR RDO FOODS COMPANY

Committee No. 3, Public Service, reported having considered the matter of revision of RDO Foods Company industrial waste permit, and recommended that we amend the industrial waste permit effective June 6, 1994 as follows: 1) increase sampling frequency to daily; and 2) require sampling and analysis be done by a certified laboratory.

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

APPROVE CHANGE ORDER FOR PROJECT 3832,
PRE-AERATION CELLS IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of change order No. 1, Project 3832, pre-aeration cells improvements, and recommended that we approve the change order as follows: 1) delete portable DO meter for a deduct of $2,100.00 and 2) attach fittings in the aeration piping system at a cost of $1,315.59, for a net deduct of $784.41.

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

APPROVE FUNDING FOR PROJECT NO. 3821, RICHARD'S
WEST STORM SEWER

Committee No. 3, Public Service, reported having considered the matter of proposed funding for Project No. 3821, Richard's West Storm Sewer as follows: CDBG grants, $649,538; EDA grant, $417,142; City's share, $63,740; tapping charge, $179,293; and special assessments, $160,293; for a total of $1,470,006, and recommended to approve the sources of funding as proposed, except to delete the $63,740 from City's share and put into special assessment cost.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 3821, RICHARD'S WEST STORM SEWER, AND
CALL FOR BIDS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project 3821, Richard's West Storm Sewer, and recommended to approve plans and specifications.

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

Committee No. 3, Public Service, reported having considered the matter of call for bids for Project No. 3821, Richard's West Storm Sewer, and recommended to call for bids to be due July 11 and to proceed with the project.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 14 votes affirmative.
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APPROVE CHANGE ORDER, FINAL ESTIMATES AND
CERTIFICATE OF SUBSTANTIAL COMPLETION FOR
PROJECT NO. 4015, UPGRADE OF LIFT STATION NO. 28

Committee No. 3, Public Service, reported having considered the matter of final change order, final estimate and certificate of completion of Project No. 4015, upgrade of Lift Station No. 28, and recommended approval of the no cost change orders to extend completion date to June 6, 1994, the final estimates in the amounts of $152.95 for Associated Plumbing and Heating, and $20,547.90 for Robert Gibb & Sons, Inc., and the certificates of substantial completion.

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

APPROVE PLANS AND SPECIFICATIONS FOR PAVING
AND YARD DRAINAGE PLAN IN JOHNSON'S 3RD ADDITION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4194, paving and yard drainage plan in Johnson's 3rd Addition, and recommended that we approve plans and specifications for construction by private contractor.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4222, PAVING
DISTRICT NO. 528

The city engineer's estimate of total cost of the construction of paving on 30th Avenue South and South 34th Street, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4222, Paving District No. 528, 30th Avenue South and South 34th Street paving, 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 27, 1994.

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

Council Member Beach introduced the following resolution which was presented and read: Document No. 6256 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS AND CALL FOR
BIDS FOR PROJECT NO. 4171, 32ND AVENUE SOUTH
PAVING EXTENSION (TAPPING AREA)

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4171, 32nd Avenue South paving extension (tapping area), and recommended to include Lot 2, Block 1, Columbia park 23rd Addition in the tapping area, and to approve plans and specifica-
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June 6, 1994

tions, and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR SEWER
PROJECT 4205, REROUTING SEWER AT FORMER STREET
DEPARTMENT PROPERTY

Committee No. 3, Public Service, reported having considered the matter of sanitary sewer reroute at old street department property (11th Avenue North from North 17th Street to North 15th Street), and recommended to approve plans and specifications and to authorize call for bids.

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

ACCEPT BID FOR PROJECT NO.4190, REPAIR OF
1993 FLOOD DAMAGE AT RIVERSIDE DAM

Committee No. 3, Public Service, reported having considered the bids for Project No. 4190, Riverside Dam 1993 flood repair, and recommended to accept the low bid of Robinson Excavating in the amount of $2,106.00.

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

ACCEPT BID FOR PROJECT NO. 4180, 1994 SANITARY
SEWER REHAB.

Committee No. 3, Public Service, reported having considered the bids for Project No. 4180, 1994 sanitary sewer rehab., and recommended to accept the low bid of Molstad Excavating, Inc. in the amount of $79,480.00 for Project No. 4180.01, to approve change order No. 1 to delete work on Manhole No. 4, for a deduct of $12,000; and to reject the bids for Project No. 4180.02.

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

ACCEPT BID FOR PROJECT NO. 4217, LINING
OF SANITARY SEWER ON 600 BLOCK OF 3RD AVENUE
SOUTH

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4217, sanitary sewer rehab. on 3rd Avenue South, and recommended that we award the contract to Insituform Center, Chesterfield, MO in the amount of $26,586.00.

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


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June 6, 1994

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING DISTRICT NO. 99, PROJECT NO. 4195

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for Project No. 4195, District No. 99, street lighting in Johnson's 3rd Addition, and recommended that we pass a resolution creating the special assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and further that we declare our intent to sell bonds.

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

Council Member Beach introduced the following resolution creating the assessment district which was presented and read: Document No. 6257 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
DISTRICT NO. 99, PROJECT NO. 4195

The city auditor presented and read the engineer's report on Street Lighting District No. 99, Project No. 4195: Document No. 6258 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
DISTRICT NO. 99, PROJECT NO. 4195

Council Member Beach introduced the following resolution of necessity, which
was presented and read: Document No. 6259 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING DISTRICT NO. 100, PROJECT NO. 4232

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for Project No. 4232, District No. 100, street lighting on Horizon Circle, and recommended that we pass a resolution creating the special assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and further that we declare our intent to sell bonds.

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

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June 6, 1994

Council Member Beach introduced the following resolution creating the assessment district which was presented and read: Document No. 6260

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
DISTRICT NO. 100, PROJECT NO. 4232

The city engineer presented and read the engineer's report on Street Lighting
District No. 100, Project No. 4232: Document No. 6261 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
DISTRICT NO. 100, PROJECT NO. 4232

Council Member Beach introduced the following resolution of necessity, which was presented and read: Document No. 6262 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING DISTRICT NO. 101, PROJECT NO. 4233

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for Project No. 4233, District 101, street lighting on Dawn Circle, and recommended that we pass a resolution creating the special assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and further that we declare our intent to sell bonds.

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

Council Member Beach introduced the following resolution creating the assessment district which was presented and read: Document No. 6263 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
DISTRICT NO. 101, PROJECT NO. 4233

The city auditor presented and read the engineer's report on Street Lighting District No. 101, Project No. 4233: Document No. 6264 - Report.
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June 6, 1994

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
DISTRICT NO. 101, PROJECT NO. 4233

Council Member Beach introduced the following resolution of necessity, which was presented and read: Document No. 6265 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING DISTRICT NO. 102, PROJECT NO. 4234

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for Project No. 4234, District No. 102, street lighting on Big Sky Circle, and recommended that we pass a resolution creating the special assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and further that we declare our intent to sell bonds.

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

Council Member Beach introduced the following resolution creating the assessment district which was presented and read: Document No. 6266 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
DISTRICT NO. 102, PROJECT NO. 4234

The city auditor presented and read the engineer's report on Street Lighting District No. 102, Project No. 4234: Document No. 6267 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
DISTRICT NO. 102, PROJECT NO. 4234

Council Member Beach introduced the following resolution of necessity, which was presented and read: Document No. 6268 - Resolution.

It was moved by Council Member Beach and seconded by Council Member Beyer that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Member 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
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June 6, 1994

resolution adopted.

APPROVE WARRANTY DEED FOR PROPERTY FOR PROJECT
NO. 3821

Committee No. 3, Public Service, reported having considered the matter of warranty deed for property described as follows: Lot 16 (105'x190'), Block 2, Sun Land West First Resubdivision, for storm sewer and lift station No. 84, Project No. 3821, located at northeast corner of North 55th Street and 6th Avenue North (5474 6th Avenue North), for and in consideration of the sum of $12,000, Eugene Adams, Reynolds, ND, grantor, and recommended approval.

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

INTRODUCE ORDINANCE TO AMEND ANNUAL
APPROPRIATIONS BILL FOR 1994 (WATER
TREATMENT PLANT BUDGET)

Committee No. 3, Public Service, reported having considered the matter of budget amendment for water treatment plant in the amount of $25,876.00 (reflecting previous encumbrances from 1994 for operation and services), and recommended that we introduce the ordinance for first reading.

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

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, MISCELLANEOUS IMPROVEMENT
PROJECT NO. 4146, DISTRICT NO. 10

The city engineer's estimate of total cost of the construction of pedestrian bridge over the English Coulee in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Miscellaneous Improvement Project No. 4146, District No. 10, pedestrian bridge over the English Coulee, 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 27, 1994.

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

Council Member Hagness questioned City's share of the project, which was shown as 75% of the cost, and Mr. Vein reported that the City's share should be 50% or $8,500. It was moved by Council Member Hagness and seconded by Council Member Glassheim that City's share on the project be set at 50%. Carried 14 votes affirmative.

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

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June 6, 1994

Council Member Beach introduced the following resolution which was presented and read: Document No. 6255 - Resolution.

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

ACCEPT BID FOR CONTAINERS FOR SANITATION
DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for containers for sanitation department, and recommended to accept low bids as follows: Pro-Tainer: 2 1-yd. containers at $225/each for a total of $450; 10 2-yard containers at $294/each for a total of $2,940; 16 4-yard containers at $430/each for a bid of $6,880; 2 6-yard containers at $569/each for a bid of $1,138; and 12 8-yard containers at $710/each for a total of $8,520; and to accept the bid of National Manufacturing Company for 2 22-yard roll-off containers at $2,450/each. for a total bid of $4,990.

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

Council Member Beyer asked that she be excused from voting on this matter. It was moved by Council Member Glassheim and seconded by Council Member Beach that Council Member Beyer be excused from voting on this issue. Carried 13 votes affirmative.

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

AWARD CONTRACT FOR RENOVATION OF PUBLIC WORKS
FACILITY, PROJECT NO. 4117

Committee No. 3, Public Service, reported having considered the matter of bids for renovation of public works facility, and recommended that we accept the low bids as follows: general contract: Innes Construction Co., Inc. in the amount of $768,000; mechanical contract: Lunseth Plumbing & Heating Co., $609,000; and electrical contract: Bergstrom Electric, Inc., $268,300; for a total project of $1,645,300.

It was moved by Council Member Beach 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, Glass-heim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

ALLOCATE FUNDS FOR LAKE AGASSIZ REGIONAL
COUNCIL MICROLOAN PROGRAM

Committee No. 4, Urban Development, reported having considered the request from Lake Agassiz Regional Council for funds for microloan program, and recommended that we allocate funds from the excess sales taxes in the amount of $20,000 to support the microloan program loan loss reserve, contingent upon approval from other communities.

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, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson,
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June 6, 1994

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

ALLOCATE FUNDS FOR JOB SERVICE JTPA SUMMER
YOUTH EMPLOYMENT TRAINING PROGRAM

Committee No. 4, Urban Development, reported having considered the request from Job Service for JTPA educational funds, and recommended that we participate in the amount of $1,000.

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

AUTHORIZE PLANS AND SPECIFICATIONS AND
CALL FOR BIDS FOR STREET IMPROVEMENTS IN
INDUSTRIAL PARK

Committee No. 4, Urban Development, reported having considered the request for authorization to bid street improvements in the Industrial Park, and recommended to authorize engineering department to prepare plans and specifications and to call for bids for this project.

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

AUTHORIZE PLANS AND SPECIFICATIONS AND CALL
FOR BIDS FOR EXPANSION OF FTZ BUILDING

Committee No. 4, Urban Development, reported having considered the request for authorization to bid expansion for FTZ building, and recommended that we authorize plans and specifications and to call for bids.

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

APPROVE APPOINTMENT TO RED RIVER TRADING
COMPANY BOARD

Committee No. 4, Urban Development, reported having considered the matter of appointment of director to the Red River Trading Company Board, and recommended that we appoint Terry Hanson as our member of the Board of Directors of the Red River Trading Company.

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

AUTHORIZE STONE CONTAINER TO SUBLEASE FTZ
BUILDING TO SENGEWALD

Committee No. 4, Urban Development, reported having considered the request from Stone Container to sublease FTZ building to Sengewald, and recommended that we authorize Stone Container to sublease to Sengewald, contingent upon review and approval of the city attorney's office.

It was moved by Council Member Carpenter and seconded by Council Member Hanson that this recommendation be and is hereby approved.
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June 6, 1994

It was noted that about 80% of building is leased to Stone Container.

Upon call for the question 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.

APPROVE ASSIGNMENT OF LEASE WITH ANTIQUE
STORE TO RAUL ANDREU AND SUNNIE ANDREU
EFFECTIVE JULY 1, 1994

Committee No. 4, Urban Development, reported having considered the matter of assignment of lease with Roger Sannes dba Ragdoll Antiques and Jerry Braaten dba Dakota Books, and recommended to approve assignment of lease to Raul Andreu and Sunnie Andreu effective July 1, 1994.

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

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

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

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC RIGHTS OF WAY
SHOWN AS DEDICATED ON THE PLAT OF ENGLISH COULEE
CENTER ADDITION, BLOCK 1, LOTS 1 AND 2

The City Planning and Zoning Commission reported having considered the matter of request from pribula Engineering on behalf of Calvin Marjamaa and others for preliminary approval of a minor replat of English Coulee Center Addition, Block 1, Lots 1 and 2, city of Grand Forks, ND (located at 3065 and 3135 DeMers Avenue), 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 July 18, 1994.

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

Council Member Hanson 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 English Coulee Center Addition, Block 1, Lots 1 and 2, Grand Forks, North Dakota",
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which was presented, read and passed on its first reading.

APPROVE RECOMMENDATION FOR VACATION OF UTILITY
EASEMENT ALONG WEST SIDE OF LOT 1, BLOCK 1,
ENGLISH COULEE CENTER ADDITION

The City Planning and Zoning Commission reported having considered the matter of the petition from Cal Marjamaa and others for approval to vacate a 10-foot wide utility easement along the west side of Lot 1, Block 1, English Coulee Center Addition, Grand Forks, ND, excluding any portion of the northerly and southerly part thereof that is within those easements running in an east-west direction, 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 Geller that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE MINOR REPLAT OF MEDVUE ESTATES
SECOND ADDITION, BLOCK 1, LOTS 1 AND 2

The City Planning and Zoning Commission reported having considered the matter of the request from Buster Little on behalf of Ross Gonitzke for final approval of a minor replat of Medvue Estates Second Addition, Lots 1 and 2, Block 1 (located at Baron Boulevard and 17th Avenue South), 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 Geller that this recommendation be and is hereby approved. Carried 14 votes affirmative.

GRANT FINAL APPROVAL OF MINOR REPLAT OF LOTS
5, 8, 9 AND 10, BLOCK E, WESTWARD ACRES SUB-
DIVISION

The City Planning and Zoning Commission reported having considered the request from CPS, Ltd. on behalf of RWIC partnership for final approval of a minor replat of Lot 5, 8, 9 and 10, Block E, Westward Acres Subdivision (located at 9th Avenue South and Columbia Road), 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 Geller that this recommendation be and is hereby approved. Carried 14 votes affirmative.

GRANT CONDITIONAL USE PERMIT TO GRAND FORKS
EQUIPMENT, INC. TO CONDUCT MACHINERY SALES AND
SERVICE IN A B-3 (GENERAL BUSINESS) DISTRICT

The City Planning and Zoning Commission reported having considered the request from Grand Forks Equipment, Inc. for approval of a conditional use permit in a B-3 (General Business) District to conduct machinery sales and service on Lots 9 and 15, Block 1, Rydell West Subdivision (located at 1215 North 51st Street), and recommended approval.

It was moved by Council Member Glassheim and seconded by Council Member Geller 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.
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INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE SUN LAND WEST FIRST RESUBDIVISION
WITHIN SUN LAND PUD, CONCEPT DEVELOPMENT PLAN

The City Planning and Zoning Commission reported having considered the matter of request from Dan Schmaltz for preliminary approval of an ordinance to amend the Zoning Map by excluding from the A-1 (Limited Development) District and to include within the Sun Land West PUD (Planned Unit Development), Concept Development Plan, Sun Land West First Resubdivision, Grand Forks, ND (located between 6th Avenue North and 10th Avenue North and between North 51st and North 55th Streets), 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 July 18, 1994.

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

Council Member McCabe introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the A-1 (Limited Development) District and to include within the Sun Land West PUD (Planned Unit Development), Concept Development Plan, Sun Land West First Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL OF SUN LAND WEST
PUD, DETAILED DEVELOPMENT PLAN, SUN LAND WEST
FIRST RESUBDIVISION, BLOCK 1, LOTS 1 THRU 12 AND
BLOCK 2, LOTS 1 THRU 14

The City Planning and Zoning Commission reported having considered the matter of the request from Dan Schmaltz for preliminary approval of Sun Land West PUD (Planned Unit Development), Detailed Development Plan, Sun Land West First Resubdivision, Block 1, Lots 1 thru 12 and Block 2, Lots 1 thru 14, Grand Forks, ND (located between 6th Avenue North and 8th Avenue North and between North 51st and North 53rd Streets), 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 Geller that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT
OF SUN LAND WEST FIRST RESUBDIVISION, BLOCK 1,
LOTS 1 THROUGH 12 AND BLOCK 2, LOTS 1 THROUGH 14

The City Planning and Zoning Commission reported having considered the matter of the request from Dan Schmaltz for preliminary approval of the plat of Sun Land West First Resubdivision, Grand Forks, ND (Replats Richard's West Subdivision, Replat of Block 1, Lots A and B) (located between 6th Avenue North and 10th Avenue North and between North 51st and North 55th Streets), 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 July 18, 1994.

It was moved by Council Member Glassheim and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 14 votes affirmative.
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June 6, 1994

Council Member Beyer 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 Sun Land West First Resubdivision, Block 1, Lots 1 through 12 and Block 2, Lots 1 through 14, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO ANNEX ALL OF SUN LAND
WEST FIRST RESUBDIVISION TO THE CITY OF GRAND
FORKS

The City Planning and Zoning Commission reported having considered the petition from Dan Schmaltz for approval to annex Sun Land West First Resubdivision, Block 1, Lots 1 through 12 and Block 2, Lots 1 through 14 (located between 6th Avenue North and 8th Avenue North and between North 51st and North 53rd Streets), and recommended approval of the ordinance to annex, to introduce the ordinance and to set the date of the public hearing for July 18, 1994.

It was moved by Council Member Glassheim and seconded by Council Member Geller that this recommendation be and is hereby approved, and to introduce ordinance to annex Sun Land West First Resubdivision, Block 1, Lots 1 through 27, and Block 2, Lots 1 through 14. 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 Sun Land West First Resubdivision", which was presented, read and passed on its first reading.

ACCEPT PETITION TO VACATE UTILITY EASEMENT
IN LOTS A AND B, REPLAT OF BLOCK 1, RICHARD'S
WEST SUBDIVISION, AND SET PUBLIC HEARING FOR
JULY 18, 1994

The City Planning and Zoning Commission reported having considered the matter of the petition from Dan Schmaltz for approval to vacate a 20-foot wide north-south utility easement lying 10 feet on each side of the lot line common to Lots A and B, Replat of Block 1, Richard's West Subdivision, Grand Forks, North Dakota (located on the north side of 6th Avenue North near the 5200 block), and recommended approval of a resolution to vacate and to set the date of the public hearing for July 18, 1994.

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

APPROVE AMENDED CONDITIONAL USE PERMITS FOR THE
OPERATION OF JUNKYARDS, WRECKING YARDS OR AUTO
SALVAGE YARDS LOCATED ALONG THE NORTH SIDE OF U.S.
HIGHWAY NO 2 BETWEEN NORTH 69TH AND 83RD STREETS

The City Planning and Zoning Commission reported having considered the request from the Planning Department on behalf of Weekley Auto Parts, Inc. for amendments to the conditional use permit required for the operation of junkyards, wrecking yards or auto salvage yards located along the north side of U.S. Highway No. 2 between North 69th and North 83rd Streets, and recommended approval of the conditional use permit with the added conditions that no vehicles be stacked above the level of the top of the proposed fence, that the term of the permit be for ten (10) years and that the City receive the necessary easements to construct and maintain the proposed fencing.
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It was moved by Council Member Glassheim and seconded by Council Member Geller that this recommendation be and is hereby approved.

Council Member Beyer, chairman of the Highway No. 2 Beautification Committee, reported that easements have been obtained for the beautification project and that project hopefully will be bid this fall, and thanked those involved and also Gene Schneeweis for his assistance.

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.

The City Planning and Zoning Commission reported having considered the matter of the request from the Planning Department on behalf of Swangler Auto Wrecking for amendments to the conditional use permit required for the operation of junkyards, wrecking yards or auto salvage yards located along the north side of U.S. Highway No. 2 between North 69th and North 83rd Streets, and recommended approval of the conditional use permit with the added conditions that no vehicles be stacked above the level of the top of the proposed fence, that the term of the permit be for ten (10) years and that the City receive the necessary easements to construct and maintain the proposed fencing.

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

CONTINUE 1995 PLANNING AND ZONING BUDGET
PROPOSAL TO A DATE UNCERTAIN

The City Planning and Zoning Commission reported having considered the matter of the 1995 Planning and Zoning budget, and recommended approval of the budget proposal.

The city attorney advised that the council cannot give final approval, and to continue to a date uncertain.

It was moved by Council Member Glassheim and seconded by Council Member Geller to continue to a date uncertain. Carried 14 votes affirmative.

ADOPT RESOLUTION RE. VALLEY ARTS COUNCIL

Mayor Polovitz presented a resolution designating the Arts Agency known as the Valley Arts Council to operate on behalf of the City of Grand Forks in matters concerning arts and culture. It was moved by Council Member Shores and seconded by Council Member Hagness that this resolution be and is hereby adopted. Carried 14 votes affirmative.

OVERRIDE MAYOR'S VETO OF COUNCIL ACTION RELATIVE
TO MODIFICATIONS TO COUNCIL CHAMBERS, AND ACCEPT
BIDS TO COMPLETE MODIFICATIONS

The matter of the mayor's veto of council action relative to council chambers modifications was presented. Copies of the communication from Mayor Polovitz to the council members notifying them that he was exercising his right as mayor to veto the action taken by the city council on Monday, May 16, regarding the council chambers modifications, outlining his reasons for the veto, and directing that this matter be placed on the June 6, 1994 council
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agenda, were before the council for their information.

Mayor Polovitz reported that they have negotiated further with the committee and with the architect, etc. relative to the changes and costs are down to about $5300, that they have received a check in the amount of $1,800.00 from EAPC to cover some of the costs of the modifications, and that he was recommending that the council override his veto.

It was moved by Council Member Glassheim and seconded by Council Member to override the mayor's veto of the council's action taken May 16, 1994 regarding council chambers modifications. Carried 14 votes affirmative.

It was moved by Council Member Glassheim and seconded by Council Member Carpenter to reconsider action taken at the council meeting on May 16, 1994 relative to modification of the council chambers. Carried 14 votes affirmative.

It was moved by Council Member Glassheim and seconded by Council Member Hagness to amend motion to accept low bid of Custom Millwork for items totaling $4,390, including items to lower center floor, center counter and wings counter, wood base and 18 drawers and to provide dust protection during construction, less $1,800 received from EAPC and $2,716.83 for other items as listed (carpeting, moving media jacks, etc.); to extend completion date to not later than 5:00 p.m. on August 15, 1994, and require that construction be done between council meetings; and to include penalty clause of $200/per day.

Upon call for the question and upon roll call vote, the following voted "aye":
Council Members Beach, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": Council Member McCabe - 1. Mayor Polovitz declared the motion carried.

APPROVE ESTIMATE SUMMARY, VARIOUS PROJECTS

Estimate Summary No. 257, dated May 31, 1994 and totaling $381,078.59, was presented and read.

It was moved by Council Member Shores and seconded by Council Member Beyer that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council: Paving Project No. 4073, District No. 516; Sewer Project No. 4091; and Watermain Project No. 4092.

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 VARIOUS ITEMS TO COMMITTEE

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

1) Council Member Carpenter presented the matter of substandard building at
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June 6, 1994

615 South 5th Street; Mayor Polovitz referred the matter to the public service committee for investigation, consideration and report back.
2) Council Member Carpenter presented the matter of the alley behind Gramma Butterwick's, South 12th Street, re. paving; Mayor Polovitz referred the matter to the city engineering department.
3) Council Member Beyer presented the matter of spraying of weeds by residents when windy (chemical drift); Mayor Polovitz referred the matter to the public safety committee for consideration.
4) Council Member Geller presented the matter of ground spraying and to look at as cooperative venture by the Park District and the City; Mayor Polovitz referred the matter to the public safety committee.
5) Council Member Beach presented the matter of pedestrian traffic concerns on 6th Avenue North between North 47th and 48th Streets; Mayor Polovitz referred the matter to the public safety committee.
6) Council Member Kulas presented the matter of a drainage problem at 1708-1712 5th Avenue North, pooling of water on street; Mayor Polovitz referred the matter to the engineering department.
7) Council Member Kulas presented a request to look at funding projects proposed by visioning committee, i.e., Riverforks and an events center, and to make recommendation to the council. Mayor Polovitz referred this matter to the finance committee.
8) Council Member Glassheim presented matter of newly dug pole on 9th Avenue North between 4th and 5th Streets which closes off approach to alley; Mayor Polovitz referred the matter to the engineering department.

SCHEDULE FINAL COUNCIL MEETING OF PRESENT
AS JUNE 28, 1994

City Attorney Swanson advised that council can adjourn sine die at the June 20 council meeting or on the 28th before the organizational meeting of the new council, which is the fourth Tuesday of June. He also advised that ordinances pending before council cannot be approved at the July 5 meeting (cannot be acted on by new council until their second regularly scheduled meeting).

It was moved by Council Member Beyer and seconded by Council Member Hagness that the council hold their final meeting and adjourn sine die on June 28 prior to the organizational meeting of the new council. Carried 14 votes affirmative.

ADJOURN

It was moved by Council Member Kulas and seconded by Council Member Shores that we do now adjourn until Monday, June 20, 1994 at 7:30 p.m. Carried 14 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Michael Polovitz, Mayor