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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, June 20, 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, June 20, 1994 at the hour of 7:30 o'clock p.m. with President Kulas presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Glassheim, Lien, Beyer, Geller, Hagness, Kulas - 9; absent: Council Members Hanson, Crawford, Carpenter, Shores, Johnson - 5.

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

POSTPONE SECOND READING OF ORDINANCE RE.
SCAVENGING OF RECYCLING MATERIALS PROHIBITED
AND PENALTIES UNTIL JULY 5, 1994

An ordinance entitled "An ordinance amending Section 13-0415 and adopting Section 13-0416 of the Grand Forks, City Code relating to scavenging of recycling materials prohibited and penalties", which had been introduced and passed on its first reading on June 6, 1994, was presented and read for consideration on second reading.

It was moved by Council Member Hagness and seconded by Council Member Beyer that second reading of the ordinance be postponed to July 5, 1994. Carried 9 votes affirmative.

POSTPONE SECOND READING OF ORDINANCE AMENDING
ANNUAL APPROPRIATIONS BILL ORDINANCE FOR 1994
(INFRASTRUCTURES) UNTIL JULY 5, 1994

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Infrastructure budget), which had been introduced and passed on its first reading on June 6, 1994, was presented and read for consideration on second reading and final passage.

It was moved by Council Member Beyer and seconded by Council Member Geller that second reading of this ordinance be postponed to July 5, 1994. Carried 9 votes affirmative.

POSTPONE SECOND READING OF ORDINANCE AMENDING
ANNUAL APPROPRIATIONS BILL ORDINANCE FOR 1994
(HEALTH DEPARTMENT WELLNESS PROGRAM) UNTIL
JULY 5, 1994

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Department Wellness Program), which had been introduced and passed on its first reading on June 6, 1994, was presented and read for consideration on second reading and final passage.

It was moved by Council Member Beyer and seconded by Council Member Geller that second reading of this ordinance be postponed to July 5, 1994. Carried 9 votes affirmative.

POSTPONE SECOND READING OF ORDINANCE AMENDING
ANNUAL APPROPRIATIONS BILL ORDINANCE FOR 1994
(POLICE DEPARTMENT) UNTIL JULY 5, 1994

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Police Department), which had been
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introduced and passed on its first reading on June 6, 1994, was presented and read for consideration on second reading and final passage.

It was moved by Council Member Beyer and seconded by Council Member Geller that second reading of this ordinance be postponed to July 5, 1994. Carried 9 votes affirmative.

POSTPONE SECOND READING OF ORDINANCE AMENDING
ANNUAL APPROPRIATIONS BILL ORDINANCE FOR 1994
(WATER TREATMENT) UNTIL JULY 5, 1994

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Water Treatment), which had been introduced and passed on its first reading on June 6, 1994, was presented and read for consideration on second reading and final passage.

It was moved by Council Member Beyer and seconded by Council Member Geller that second reading of this ordinance be postponed to July 5, 1994. Carried 9 votes affirmative.

ADOPT RESOLUTION VACATING SIDEWALK EASEMENT
COMMON TO LOTS 8, 9, 22 AND 23, BLOCK 15,
WESTWARD ACRES SUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the sidewalk easement common to Lots 8, 9, 22 and 23, Block 15, Westward Acres Subdivision (located between South 24th Street and South Columbia Road, 2700 block, and between Crescent Drive and 11th Avenue South), the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with his office.

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

It was moved by Council Member Hagness and seconded by Council Member Lien that we do hereby find and determine an insufficiency of protest on the request for vacation. Carried 9 votes affirmative.

Council Member Hagness introduced the following resolution which was presented and read: Document No. 6269 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Lien that this resolution be and is hereby adopted. Carried 9 votes affirmative.

ADOPT RESOLUTION VACATING UTILITY EASEMENT
IN BLOCK 1, ENGLISH COULEE CENTER ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate 10-foot wide utility easement along the west side of Lot 1, Block 1, English Coulee Addition to the city of Grand Forks, excluding any portion of the northerly and southerly part thereof lying within those easements running in an easterly and westerly direction (located in southwest quadrant of DeMers Avenue and South 30th Street), the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with his office.

President Kulas 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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It was moved by Council Member Beyer and seconded by Council Member Geller that we do hereby find and determine an insufficiency of protests on the request for vacation. Carried 9 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6270 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Geller that this resolution be and is hereby adopted. Carried 9 votes affirmative.

HOLD PUBLIC HEARING ON ALLOCATION OF CDBG
DISASTER FUNDS

The city auditor reported that a public hearing had been called for this evening pursuant to requirements of the Department of Housing and Urban Development on the proposed use of approximately $86,000 in funds from the Department of Housing and Urban Development through the Community Development Block Grant Emergency Supplemental Appropriations program, that funds will be used for eligible midwest flood recovery expenses, and projects must address at least one of the following objectives: 1) be a benefit to low and moderate income households; 2) aid in the prevention or elimination of slum or blight; or 3) include activities which the City certifies are designed to meet an urgent community need.

President Kulas called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

Committee No. 4, Urban Development, reported having considered the allocation of CDBG disaster funds, and recommended that subject to the public hearing, that we allocate the $86,000 first to Richard's West project, and secondly to the downtown lift station.

It was moved by Council Member Lien and seconded by Council Member McCabe that this recommendation be and is hereby approved. Upon roll call vote the following voted "aye": Council Members Beach, McCabe, Hoeppner, Glassheim, Lien, Beyer, Geller, Hagness, Kulas - 9; voting "nay": none. President Kulas declared the motion carried.

CONTINUE PUBLIC HEARING ON DETERMINATION OF
PROTEST ON PROJECT NO. 4146, DISTRICT NO. 10,
PEDESTRIAN BRIDGE AND SIDEWALKS

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Miscellaneous District No. 10, Project No. 4146, pedestrian bridge and sidewalks in Johnson's 2nd Addition and Kuster 3rd Resubdivision, had expired on June 17, and that he had received no written protests.

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

Inasmuch as the protest period on this project had expired before the bids were received and in order to give the property owners a chance to see the bids and the cost of the project, it was moved by Council Member Hagness and seconded by Council Member Hoeppner that the hearing on the determination of protests be and is hereby continued to July 5, 1994. Carried 9 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

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

Public Safety Committee:
1) matter of request to reduce speed limit on South 12th Street at 10th Avenue South.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of May 31, 1994, was presented and read. It was moved by Council Member Lien and seconded by Council Member Geller that this report be and is hereby received and filed. Carried 9 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, June 16, 1994, that notice had been published as required and that the following appeals for variances were heard: 1) Tim and Maria Manz, 1005 Lanark Avenue, request for a variance to the accessory building requirements to erect a garage addition, described as Lots 1, 2 and 3, Block 21, Lindsay's Addition, and that a motion was unanimously passed to allow the erection of a garage addition within 4 ft. of an existing three-season porch and 3 ft. from the side yard, that the 3 ft. side-yard lines up with the existing garage, and 5/8 Type X sheetrock shall be installed on the inside of the garage addition; 2) Congregation B'Nai Israel (Sam Silverman, agent), 1450 North Columbia Road, request for a variance to the interior landscaping/parking requirements and to the curbing parking lot requirements to erect a parking lot, described as Lot 1, Block 2 of Fairgrounds 2nd Addition, and that a motion was unanimously passed to allow the elimination of the interior landscaping and the required curbing for said landscaping for a new parking lot.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this report be and is hereby received and filed. Carried 9 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-10, dated June 20, 1994 and totaling $767,626.45, 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 Hoeppner and seconded by Council Member Glassheim 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, Glassheim, Lien, Beyer, Geller, Hagness, Kulas - 9; voting "nay": none. President Kulas declared the motion carried and the bills ordered paid.

GRANT PRELIMINARY APPROVAL AND SET PUBLIC
HEARING ON APPLICATION BY BILLY BOB'S, INC.
FOR FIVE-YEAR PROPERTY TAX EXEMPTION

Committee No. 1, Finance, reported having considered the application by Billy Bob's, Inc., 1305 Dyke Avenue, (distributor of food flavors, ice shaving machines, concession carts, hair care products: shampoo, perms, colors, styling aids) for five-year property tax exemption, and recommended to set the public hearing for Monday, July 18, 1994 at 7:30 p.m. and to grant preliminary approval of the exemption on a graduated scale: 100% for the first year, 80%
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for the second year, 60% for the third year, 40% for the fourth year, and 20% for the fifth year, subject to the public hearing.

It was moved by Council Member McCabe and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 9 votes affirmative.

GRANT PRELIMINARY APPROVAL OF TAX INCREMENT
FINANCING FOR ROADRUNNER INVESTMENTS, SET
DISTRICT AND SCHEDULE PUBLIC HEARING FOR
JULY 18, 1994

Committee No. 1, Finance, reported having considered the request by Roadrunner Investments for tax increment financing for construction of a telemarketing mail order facility adjacent to their retail location at 1705 13th Avenue North, and recommended that we find that the property is commercial or industrial; that we grant preliminary approval of the tax increment financing in an amount not to exceed $265,000 for Roadrunner Investments, subject to a public hearing to be scheduled for July 18, 1994 before the city council with final action by the council after that date; and further that the proper City officials give notice in the official newspaper and to competitors; and further that we set the tax increment district as shown on the plat.

It was moved by Council Member McCabe and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Glassheim, Lien, Beyer, Geller, Hagness, Kulas - 9; voting "nay": none. President Kulas declared the motion carried.

Council Member McCabe introduced the following resolution relating to the creation of a development or renewal area in the city, the preparation of a development or renewal plan and agreements with developers, and calling a public hearing on the approval of the plan and agreements, which was presented and read: Document No. 6271 - Resolution.

It was moved by Council Member McCabe 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, Glassheim, Lien, Beyer, Geller, Hagness, Kulas - 9; voting "nay": none. President Kulas declared the motion carried and the resolution adopted.

GRANT REQUEST BY ROBERT CORBETT FOR EXTENSION
OF LEAVE WITHOUT PAY

Committee No. 1, Finance, reported having considered the request for extension of leave without pay by Robert Corbett, and recommended to grant extension of 90 days and to fund 50% of insurance premium, and to look at again at the end of 90 days.

It was moved by Council Member McCabe and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE CHANGE IN JOB DESCRIPTION FOR
SECRETARY II POSITION AT CIVIC AUDITORIUM

Committee No. 1, Finance, reported having considered the matter of job description for Secretary II position at civic auditorium, and recommended to approve change in job description from Secretary II position to Office Assistant.

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It was moved by Council Member McCabe and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE FINAL PAY REQUEST AND CERTIFICATE
OF COMPLETION, PROJECT NO. 3812, CITY HALL
REMODELING

Committee No. 1, Finance, reported having considered the matter of final pay request, certificate of completion, contractor's certificate of non-asbestos and non-lead materials, and affidavit of contractor for City Hall project for interior furnishings, Project No. 3812, and recommended to approve final payment to Gaffaney's in the amount of $33,393.87, and to approve certificate of completion for Gaffaney's (other certificates and affidavits are for filing).

It was moved by Council Member McCabe 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, Glassheim, Lien, Beyer, Geller, Hagness, Kulas - 9; voting "nay": none. President Kulas declared the motion carried.

DIRECT COUNCIL TO LOOK AT CREATING OF AN
ENTERTAINMENT TAX AND TO SET ASIDE FUNDS FROM
EXCESS SALES TAX TO CREATE FUND TO HELP FUND
FUTURE PROJECTS

Committee No. 1, Finance, reported having considered the request to look at funding projects proposed by visioning committee, such as Riverforks and an events center, and to make recommendation to council, and recommended to the council that they look at the creation of a 1/2% entertainment tax and set aside $250,000 from sales taxes to create a fund to help fund projects such as civic center, Riverforks and other projects as they come up.

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

Randy Newman, 333 Woodland Circle, member of the visioning committee, stated he would like council to look at future projects that need to be funded and how to fund those projects, i.e., civic center, Riverforks, etc., projects needed to help city grow. He stated he understands that funds from sales tax set aside for property tax relief, and asked council to cap at $2.5 million for that purpose, and to make funds available for future capital improvements projects.

President Kulas stated that the recommendation is concept, funds to be seed money to get projects started, not as funding for projects. He also stated that he has seen City costs escalating faster than revenues, and questioned where funds come from unless put stop to increase in expenses. He suggested not funding new positions but put a freeze on number of employees, and fill only through attrition; lowering percentage proposed for salaries and fringe benefits; and would recommend a cap of $2,300,000 going into general fund. It was noted that the committee had suggested that the recommendations in the motion were to be looked at during budget process.

Council Member Glassheim stated these projects are in the form of economic development and questioned if there has been any thought to taking funds from the Economic Development budget. President Kulas noted that Growth Funds are for primary sector jobs.

Greg Gerloff, member of the visioning committee, stated that concept is good;
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and that if City allows sales tax to keep replacing property taxes, not going to have monies; that it's time to really look at how sales tax put in place and how used, increase business and increase entire tax base.

After further discussion and upon call for the question, the motion carried 9 votes affirmative.

APPROVE REQUEST BY PARK DISTRICT TO WAIVE
LICENSING REQUIREMENTS FOR SUMMERTHING EVENTS

Committee No. 2, Public Safety, reported having considered the request by the Park District for exemption of transient merchants licenses during Summerthing events in the park on June 25 and 26, 1994, and on July 23 and 24, at University Park, and recommended that the request be approved.

It was moved by Council Member Geller and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE REQUEST BY SERTOMA CLUB FOR EXCLUSIVE
VENDOR ZONE ON RIVERBANK ON JULY 4, 1994

Committee No. 2, Public Safety, reported having considered the request by Sertoma Club for exclusive vendor zone in conjunction with Great Red River Duck Race on July 4, 1994, and recommended to approve request.

It was moved by Council Member Geller and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE APPLICATION BY WHISKEY POINT SALOON
FOR SPECIAL ALCOHOLIC BEVERAGE PERMIT ON
JULY 4

Committee No. 2, Public Safety, reported having considered the application by Whiskey Point Saloon for special alcoholic beverage permit (outdoor beer garden in parking lot) on July 4, and recommended to approve request.

It was moved by Council Member Geller and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

MATTER OF MOSQUITO CONTROL

Committee No. 2, Public Safety, reported having considered the matter of spraying of weeds when windy - chemical drift, and recommended that the health department send letters to the major commercial applicators letting them know we are getting complaints and to pass information on to their employees.

It was moved by Council Member Geller and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

Committee No. 2, Public Safety, reported having considered the matter of ground spraying, looking at cooperative venture by Park District and City, and recommended to support Park Board in the acquisition of this sprayer equipment in an amount up to $5,000 and ask Park Board and Board of Health to coordinate on the operational aspects.

It was moved by Council Member Geller and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Upon roll call the
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following voted "aye": Council Members Beach, McCabe, Hoeppner, Glassheim, Lien, Beyer, Geller, Hagness, Kulas - 9; voting "nay": none. President Kulas declared the motion carried.

Committee No. 2, Public Safety, reported having considered the matter of cleaning drainage ditches for mosquito control, and recommended to receive and file.

It was moved by Council Member Geller and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

AUTHORIZE INSTALLATION OF WARNING SIGNS ON
6TH AVENUE NORTH BETWEEN NORTH 47TH AND 48TH
STREETS

Committee No. 2, Public Safety, reported having considered the matter of pedestrian traffic concerns on 6th Avenue North between North 47th and 48th Streets, and recommended to direct installation of playground warning signs on 6th Avenue North between North 47th and 48th Streets, and painting of crosswalk.

It was moved by Council Member Geller and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

AUTHORIZE INSTALLATION OF "NO PARKING HERE TO
DRIVEWAY" SIGNS ALONG SOUTH 34TH STREET BETWEEN
2700 AND 2400 BLOCKS

Committee No. 2, Public Safety, reported having considered the matter of request for removal of parking near driveways on South 34th Street, 1700-2400 blocks, and recommended to install "no parking here to driveway" signs at the following locations along South 34th Street between 2700 and 2400 blocks as needed, i.e., 2250, 2229 and 2249 South 34th Street, 60 feet on either side of driveway.

It was moved by Council Member Geller and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE REQUEST BY KKXL-93 FOR VARIANCE TO
NOISE ORDINANCE

Committee No. 2, Public Safety, reported having considered the matter of request by KKXL-93 for variance to the noise ordinance on June 23, 1994 for dance party in the parking lot of Blockbuster Video at the corner of South Washington and 17th Avenue South from 8;30 p.m. to 12:00 midnight, and recommended that the request be approved.

It was moved by Council Member Geller and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

COUNCIL MEMBER GELLER EXCUSED

REJECT BIDS FOR SLUDGE TRUCK FOR WATER DEPARTMENT

Committee No. 3, Public Service, reported having considered the bids for sludge truck for water department, and recommended to reject all bids, and to rebid the equipment.
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It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 8 votes affirmative.

ACCEPT BID FOR SALE OF SURPLUS EQUIPMENT

Committee No. 3, Public Service, reported having considered the bids on surplus equipment, carbon dioxide tank at water plant, and recommended to accept the bid of KB Greenhouses, Brighton, CO in the amount of $15,000.

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, Glassheim, Lien, Beyer, Hagness, Kulas - 8; voting "nay": none. President Kulas declared the motion carried.

SCHEDULE PUBLIC HEARING ON PROJECT NO. 4044,
6TH AVENUE NORTH RECONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of setting public hearing date for Project 4044, 6th Avenue North reconstruction, and recommended that we schedule meeting for July 11 at 7;00 p.m. before the public service committee.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 8 votes affirmative.

SELECT APPRAISER FOR RIGHT OF WAY FOR PROJECT
4044, 6TH AVENUE NORTH RECONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of selection of appraiser for right of way for Project No. 4044, 6th Avenue North reconstruction, and recommended that we direct Ray LeClerc, City Platting and R/W Officer to select the appraiser.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 8 votes affirmative.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4044, 6TH AVENUE
NORTH RECONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of amending engineering services agreement for Project No. 4044, 6th Avenue North reconstruction, and recommended approval of the amendment in the amount of $21,000.

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, Glassheim, Lien, Beyer, Hagness, Kulas - 8; voting "nay": none. President Kulas declared the motion carried.

ACCEPT BID AND AWARD CONTRACT FOR PROJECT
NO. 4144, CHESTNUT STREET REPAIR

Committee No. 3, Public Service, reported having considered the bids for Project No. 4144, Chestnut Street repair (47th to 52nd Avenues South), and recommended to accept the bid of Dave Robinson Excavating in the amount of $9,880.00.

It was moved by Council Member Beach and seconded by Council Member Beyer that 13602
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this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Glassheim, Lien, Beyer, Hagness, Kulas - 8; voting "nay": none. President Kulas declared the motion carried and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, SEWER PROJECT
NO. 4216, DISTRICT NO. 350

The city auditor presented and read tabulation of bids which had been received and opened on Monday, June 6, 1994 for Sewer Project No. 4216, District No. 350, sanitary sewer on South 34th Street and Duke Drive, indicating that Robert Gibb & Sons, Inc. was low bidder based upon their bid in the amount of $57,120.00: Document No. 6272 - Bid Tabulation.

The city engineer's estimate of total cost on Sewer Project No. 4216, District No. 350, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the bids for Sewer Project No. 4216, District No. 350, sanitary sewer on South 34th Street and Duke Drive, and recommended that we accept the low bid of Robert Gibb & Sons, Inc. in the amount of $57,120.00.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 8 votes affirmative.

Council Member Beach introduced the following resolution which was presented and read: Document No. 6273 - Resolution.

It was moved by Council Member Beach and seconded by Council Member Beyer that this resolution awarding the contract for Sewer Project No. 4216, District No. 350, to Robert Gibb & Sons, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Glassheim, Lien, Beyer, Hagness, Kulas - 8; voting "nay": none. President Kulas declared the motion carried.

REJECT BIDS FOR PROJECT NO. 4196, REPLACEMENT
OF SAMPLE BUILDING

Committee No. 3, Public Service, reported having considered the bids for Project No. 4196, replace sample building, and recommended to reject the bid.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 8 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4195,
STREET LIGHTING DISTRICT NO. 99

The city engineer's estimate of total cost of the construction of street lighting in Johnson's 3rd Addition 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. 4195, District No. 99, street lighting in Johnson's 3rd Addition, 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 July 11, 1994.

It was moved by Council Member Beach and seconded by Council Member Beyer that 13603
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this recommendation be and is hereby approved. Carried 8 votes affirmative.

Council Member Beach introduced the following resolution which was presented and read: Document No. 6274 - Resolution.

It was moved by Council Member Beach and seconded by Council Member Beyer that this resolution be and is hereby adopted. Carried 8 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4232,
STREET LIGHTING DISTRICT NO. 100

The city engineer's estimate of total cost of the construction of street lighting on Horizon Circle 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. 4232, District No. 100, street lighting on Horizon Circle, 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 July 11, 1994.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 8 votes affirmative.

Council Member Beach introduced the following resolution which was presented and read: Document No. 6275 - Resolution.

It was moved by Council Member Beach and seconded by Council Member Beyer that this resolution be and is hereby adopted. Carried 8 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4233
STREET LIGHTING DISTRICT NO. 101

The city engineer's estimate of total cost of the construction of street lighting on Dawn Circle 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. 4233, District No. 101, street lighting on Dawn Circle, 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 July 11, 1994.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 8 votes affirmative.

Council Member Beach introduced the following resolution which was presented and read: Document No. 6276 - Resolution.


It was moved by Council Member Beach and seconded by Council Member Beyer that this resolution be and is hereby adopted. Carried 8 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4234,
STREET LIGHTING DISTRICT NO. 102

The city engineer's estimate of total cost of the construction of street
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lighting on Big Sky Circle 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. 4234, District No. 102, street lighting on Big Sky Circle, 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 July 11, 1994.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 8 votes affirmative.

Council Member Beach introduced the following resolution which was presented and read: Document No. 6277 - Resolution.

It was moved by Council Member Beach and seconded by Council Member Beyer that this resolution be and is hereby adopted. Carried 8 votes affirmative.

AMEND POLICY RE. CITY PARTICIPATION IN COST
OF STREET MAINTENANCE AND REHABBING

Committee No. 3, Public Service, reported having considered the matter of policy re. City participation in cost of street maintenance and rehabbing, and recommended that we amend policy to include Option 2 with a reduction of 25% of total project.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 8 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING DISTRICT NO. 529, PROJECT NO. 4227

Committee no. 3, Public Service, reported having considered the matter of creating assessment district for Project No. 4227, District 529, street rehab on 30th Avenue South from South 20th Street to South 25th Street, and recommended that we adopt a resolution creating the 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 that we declare our intent to sell bonds to finance these improvements.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 8 votes affirmative.

Council Member Beach introduced the following resolution creating the assessment district which was presented and read: Document No. 6278 - 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, Glassheim, Lien, Beyer, Hagness, Kulas - 8; voting "nay": none. President Kulas declared the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING DISTRICT
NO. 529, PROJECT NO. 4227

The city auditor presented and read the engineer's report on Paving District No. 529, Project No. 4227: Document No. 6279 - Report.

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It was moved by Council Member Beach and seconded by Council Member Beyer that this report be and is hereby approved. Carried 8 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, PAVING DISTRICT
NO. 529, PROJECT NO. 4227

Council Member Beach introduced the following resolution of necessity, which was presented and read: Document No. 6280 - 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, Glassheim, Lien, Beyer, Hagness, Kulas - 8; voting "nay": none. President Kulas declared the resolution adopted.

APPROVE CHANGE ORDER, PROJECT NO. 4171

Committee No. 3, Public Service, reported having considered the change order for Project No. 4171, 32nd Avenue South paving extension, and recommended that we approve the change order in the amount of $421,795.66.

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, Glassheim, Lien, Beyer, Hagness, Kulas - 8; voting "nay": none. President Kulas declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 4216,
SEWER DISTRICT NO. 350

Committee No. 3, Public Service, reported having considered the change order for Project No. 4216, District 350, sanitary sewer on South 34th Street and Duke Drive, and recommended that we approve change order in the amount of $18,204.00, contingent upon obligation by Tim Crary to pay cost of the change order.

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, Glassheim, Lien, Beyer, Hagness, Kulas - 8; voting "nay": none. President Kulas declared the motion carried.

APPROVE QUIT CLAIM DEED FOR STREET R/W AT
55TH AVENUE SOUTH EXTENDED

Committee No. 3, Public Service, reported having considered the matter of quit claim deed to be used for street right of way linking Belmont Road with Shadyridge Estates First Addition, located at 55th Avenue South extended (to be known as Adams Drive), for and in consideration of the sum of $1.00, Darrell F. and LaVonne K. Adams, grantor, and recommended that we accept the deed.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 8 votes affirmative.

APPROVE THREE-YEAR LEASE FOR SPACE IN FORMER
TISCHART BUILDING IN CITY CENTER MALL

Committee No. 4, Urban Development, reported having considered the matter of lease for antique mall, and recommended that we approve three-year lease with Raul Andreu and Sunnie Andreu for space in the former Tischart building in
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City Center Mall under terms and conditions outlined in said lease agreement.

It was moved by Council Member Lien and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Glassheim, Lien, Beyer, Hagness, Kulas - 8; voting "nay": none. President Kulas declared the motion carried.

ACCEPT PROPOSAL FROM EAPC FOR INSPECTION
OF HOUSES IN BURDICK'S RESUBDIVISION

Committee No. 4, Urban Development, reported having considered the matter of EAPC proposal for Burdick's inspection, and recommended to approve proposal from EAPC in the amount of $7,500 for limited construction phase services on eleven houses being constructed in Burdick's Resubdivision.

It was moved by Council Member Lien and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Glassheim, Lien, Beyer, Hagness, Kulas - 8; voting "nay": none. President Kulas declared the motion carried.

APPROVE RFP FOR SERVICE PROVIDER FOR DETOX
CENTER

Committee No. 4, Urban Development, reported having considered the matter of request for proposal for service provider for detox center, and recommended that we authorize staff to issue request for proposals to appropriate service providers.

It was moved by Council Member Lien and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 8 votes affirmative.

RECEIVE AND FILE REQUEST FROM LAKE AGASSIZ
REGIONAL COUNCIL FOR RELEASE OF FUNDS

Committee No. 4, Urban Development, reported having considered the request for release of funds allocated to Lake Agassiz Regional Council, and recommended to receive and file the request.

It was moved by Council Member Lien and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 8 votes affirmative.

AUTHORIZE PURCHASE OF COMPUTER EQUIPMENT
FOR COMMUNITY DEVELOPMENT

Committee No. 4, Urban Development, reported having considered the request to purchase computer equipment for Community Development, and recommended to authorize purchase of computer and necessary hardware to implement HUD data base in an amount not to exceed $4,500.00.

It was moved by Council Member Lien and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Glassheim, Lien, Beyer, Hagness, Kulas - 8; voting "nay": none. President Kulas declared the motion carried.

APPROVE APPLICATION BY ACME ELECTRIC, INC.
FOR GROWTH FUND PROJECT FUNDING
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June 20, 1994

Committee No. 4, Urban Development, reported having considered the matter of application by Acme Electric, Inc. (Roadrunner Investments) for Growth Fund project funding, and recommended that the City approve a 12-year tax increment bond and a $150,000 forgivable Growth Fund loan with the terms specified by the Growth Fund Committee.

It was moved by Council Member Lien and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Glassheim, Lien, Beyer, Hagness, Kulas - 8; voting "nay": none. President Kulas declared the motion carried.

COUNCIL MEMBER GELLER REPORTED BACK

ADOPT GRAND FORKS TAX INCREMENT FINANCING
POLICY

The city auditor presented the Grand Forks Tax Increment Financing Policy as submitted and recommended by the Special Tax Increment Financing Policy Committee.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that the policy be adopted. Carried 9 votes affirmative.

APPROVE APPOINTMENTS TO PLANNING AND ZONING
COMMISSION

President Kulas announced the mayor's appointment of Keith Lieberg and James Campbell to the City Planning and Zoning Commission for terms expiring August 4, 1996 and August 4, 1995, respectively, and asked for concurrence in these appointments.

It was moved by Council Member Beach and seconded by Council Member Hoeppner that these appointments be and are hereby approved. Carried 9 votes affirmative.

MATTER OF AWARD PRESENTED TO CITY FOR EXCELLENCE
IN FINANCIAL MANAGEMENT FOR THE GROWTH FUND

President Kulas announced that the Government Finance Officers Association announced the winners of its 1994 Awards for Excellence in Government Finance at its annual conference in Minneapolis on June 7, and that the City of Grand Forks had received an award for excellence in financial management for The Growth Fund.

UPHOLD MAYOR'S VETO OF COUNCIL ACTION REGARDING
ALLOCATION OF FUNDS TO LAKE AGASSIZ REGIONAL
COUNCIL FOR MICROLOAN PROGRAM

The matter of the mayor's veto of the action taken by the city council on Monday, June 6, 1994, regarding the request from the Lake Agassiz Regional Council for funds for the microloan program and reasons for the veto had been sent to the council members on June 14, 1994, and the matter was now before the council.

After some discussion it was moved by Council Member Hoeppner and seconded by Council Member Hagness to uphold the mayor's veto of the council's action on June 6, 1994 allocating funds for the Lake Agassiz Regional Council for their microloan program. Carried 9 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE
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June 20, 1994

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

1) Council Member Beyer presented the matter of swales in Sun-Beam area which are not mowed or maintained, and creating mosquito problem. President Kulas referred the matter to the health department.
2) Council Member Beach presented concern from residents in area of North 47th Street near New Flyer and Coke plant, no lights, and semi's parking overnight. President Kulas referred the matter to the engineering department.

APPROVE REQUEST FROM PARK BOARD TO COVER
NO PARKING SIGNS ON PORTION OF NORTH 25TH
STREET DURING SUMMERTHING EVENTS IN
UNIVERSITY PARK

Committee No. 2, Public Safety, reported having considered the request by the Park Board to cover "no parking" signs on North 25th Street from 6th Avenue North to University Avenue during Summerthing events in University Park, and recommended that the request be approved.

It was moved by Council Member Geller and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE REQUEST TO CONSTRUCT PARKING PAD ON
CITY R/W AT 3201 KING PLACE

Committee No. 3, Public Service, reported having considered the request to construct parking pad on City right of way at 3201 King Place, and recommended that we approve the request contingent upon signing of a hold harmless agreement that he will pay costs should City to repair any utilities (under the parking pad).

It was moved by Council Member Beach and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 9 votes affirmative.

APPROVE CHANGE ORDER FOR PROJECT NO. 4170

Committee No. 3, Public Service, reported having considered change order No. 1, Project No. 4170, watermain to Columbia Park 22nd and 23rd Additions, and recommended approval of the change order in the amount of $21,044.00.

It was moved by Council Member Beach and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Glassheim, Lien, Beyer, Geller, Hagness, Kulas - 9; voting "nay": none. President Kulas declared the motion carried.

APPROVE ROADWAY AND UTILITY EASEMENT
FOR STREET IMPROVEMENTS AT 32ND AVENUE SOUTH
AND SOUTH 42ND STREET

Committee No. 3, Public Service, reported having considered the matter of roadway and utility easement for street improvement at 32nd Avenue South and South 42nd Street for and in consideration of the sum of $1.00, Arthur Greenberg, Jr., grantor, and recommended that we approve easement.

It was moved by Council Member Beach and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 9 votes affirmative.

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June 20, 1994

REFER MATTER OF REPLATTING ALONG DeMERS
AVENUE PROJECT TO PLANNING AND ZONING COMMISSION

The matter of a communication from the North Dakota Department of Transportation requesting reconsideration of their request for exemption from replatting of the property adjacent to the DeMers Avenue project was presented and read. President Kulas referred this matter to the Planning and Zoning Commission for consideration.

ADJOURN

It was moved by Council Member Lien and seconded by Council Member Hoeppner that we do now adjourn until Tuesday, June 28, 1994 at 7:30 o'clock p.m. Carried 9 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Ludwik Kulas, President of the City
Council