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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, July 18, 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, July 18, 1994 at the hour of 7;30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; absent: Council Member Carpenter - 1.

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

APPROVE MINUTES MAY 16, JUNE 6, 20 AND 28, 1994

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, May 16, of the regular meeting held on Monday, June 6, 1994, of the adjourned meetings held on Monday, June 20 and Tuesday, June 28, and of the organizational meeting of the city council held on Tuesday, June 28, 1994, were presented and read. It was moved by Council Member Glassheim and seconded by Council Member Hoeppner that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3429 TO ANNEX ALL OF SUN
LAND WEST FIRST RESUBDIVISION

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Sun Land West First Resubdivision", 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. (The description of the property to be annexed was changed from Sun Land West First Resubdivision, Block 1, Lots 1 through 24 and Block 2, Lots 1 through 14 to read Sun Land West First Resubdivision, Block 1, Lots 1 through 27 and Block 2, Lots 1 through 14, because of change in size and renumbering of lots.)

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.

Committee No. 3, Public Service, reported having considered the matter of Sun Land West First Resubdivision, and recommended to amend the annexation to include Lot 16, Block 2 of Sun Land West First Resubdivision (this lot to serve as lift station site).

It was moved by Council Member Beyer and seconded by Council Member Hagness that this recommendation be and is hereby approved and that the ordinance be amended to include Lot 16, Block 2 of Sun Land West First Resubdivision. Carried 13 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3430, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF SUN LAND WEST FIRST RESUBDIVISION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of
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July 18, 1994

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, Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 6, 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 Dan Schmaltz for final 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan.

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

Upon call for the question of adoption of this ordinance, and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3431, AMENDING ZONING MAP
TO INCLUDE SUN LAND WEST FIRST RESUBDIVISION
WITHIN THE SUN LAND WEST PUD, CONCEPT DEVELOP-
MENT PLAN

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the A-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 had been introduced and passed on its first reading on June 6, 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 Dam Schmaltz for final 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map.
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It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Upon call for the question of adoption of the ordinance, and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3432, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF REPLAT OF ENGLISH COULEE CENTER 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 Replat of English Coulee Center Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 6, 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 o 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 Pribula Engineering on behalf of Calvin Marjamaa and others for final 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 final approval subject to special conditions shown on or attached to the review copy and passage of the attached ordinance amending the Street and Highway Plan.

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

Upon call for the question of adoption of the ordinance, and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Beyer, Klave, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

WITHDRAW ORDNANCE AMENDING 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

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-
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July 18, 1994

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 continued until 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 any one present who had comments to make on this matter. There were none.

The City Planning and Zoning Commission reported having considered the matter of he 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 withdrawal at the request of the owner.

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

ADOPT ORDINANCE NO. 3433, RELATING TO
SCAVENGING OF RECYCLING MATERIALS PROHIBITED
AND PENALTIES

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 and final passage.

Ray Dohman, RR #1, McCanna, ND objected to the ordinance, stating that it was not a crime to take from his garbage.

Howard Swanson, city attorney, reviewed ordinance, stating that ordinance does not prohibit anyone from scavenging from garbage.

After discussion it was moved by Council Member Glassheim and seconded by Council Member Geller to amend the ordinance, Section B, to read as follows: It shall be unlawful for any unauthorized person to remove or damage any dumpster, receptacle or container intended for the collection of garbage or recyclable materials. Carried 13 votes affirmative.

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

HOLD PUBLIC HEARING ON CREATION OF DEVELOPMENT
DISTRICT WITHIN THE CITY AND AGREEMENT BETWEEN
THE CITY AND ROADRUNNER INVESTMENTS, LTD. FOR
TAX INCREMENT FINANCING
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July 18, 1994

The city auditor reported that notice calling for a public hearing to be held before the city council this evening had been published as required, for the purpose of conducting a public hearing on the creation of a development or renewal area within the city, the designation of certain industrial and commercial properties therein and the approval of agreements between the City and Roadrunner Investments with respect to the assistance to be provided by the City to the development of the commercial or industrial properties generally described as Lots 3 through 24, Block 76, Lots 1 through 6 and 11 through 16, Block 77, Lots 1 through 6 and 11 through 16, Block 78, Lots 6 through 9, Block 79, the vacated area between Blocks 78 and 79, between Blocks 76 and 77, the vacated area on the east end of Block 76, the alley separating Lots 3 through 12 from Lots 13 through 24 in Block 76, the alley separating Lots 1 through 6 from Lots 11 through 16 in Block 77, the alley separating Lots 1 through 6 from Lots 11 through 16 in Block 78, Alexander and Ives Addition, in accordance with the North Dakota Urban Renewal Law, North Dakota Century Code, Chapter 40-58, as amended, and that no written protests had been filed with his office.

Mayor Polovitz called for the public hearing. There were no comments and Mayor Polovitz closed the public hearing.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest. Carried 13 votes affirmative.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that this matter be referred to the finance committee for further consideration. Carried 13 votes affirmative.

HOLD PUBLIC HEARING ON APPLICATION BY BILLY
BOB'S, INC., 1509 DYKE AVENUE, FOR FIVE-YEAR
PROPERTY TAX EXEMPTION AND GRANT EXEMPTION ON
GRADUATED SCALE

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 by Billy Bob's, Inc., 1509 Dyke Avenue, for a five-year exemption of property tax exemption on a facility to be constructed on Lots 4, 5 and 6, Block 17, Budge & Eshelman's 3rd Addition to the city of Grand Forks, North Dakota, which the applicant will use in the operation of his business, 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 Hamerlik and seconded by Council Member Sande that we do find and determine an insufficiency of protest on the application. Carried 13 votes affirmative.

It was moved by Council Member Klave 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 Sande.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

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July 18, 1994

ADOPT RESOLUTION VACATING UTILITY EASEMENT
IN LOTS A AND B, REPLAT OF BLOCK 1, RICHARD'S
WEST SUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 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, the required legal notice had been published calling for a public hearing to be held this evening and further that no protests or grievances had been filed with his office.

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

It was moved by Council Member Beyer and seconded by Council Member Hoeppner that we do hereby find and determine an insufficiency of protest on the request for vacation. Carried 13 votes affirmative.

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 6285 - Resolution.

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

DETERMINE INSUFFICIENCY OF PROTEST ON MISCELLANEOUS
DISTRICT NO. 10, PROJECT NO. 4146, PEDESTRIAN
BRIDGE OVER ENGLISH COULEE

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 over English Coulee, had expired on June 17, 1994, and public hearing had been continued until this evening, and that he had received no written protests.

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6286 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Sande that we do hereby find and determine an insufficiency of protest against Miscellaneous District No. 10, Project No. 4146, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, MISCELLANEOUS PROJECT
NO. 4146, DISTRICT NO. 10

The city auditor presented and read tabulation of bids which had been received and opened on June 27, 1994 for Miscellaneous Project No. 4146, District No. 10, pedestrian bridge and sidewalk across the English Coulee between Johnson's 2nd Addition and Kuster's 3rd Resubdivision, indicating that Innes Construction Company, Inc. was the low bidder based upon their bid in the amount of $34,931.70: Document No. 6287 - Bid Tabulation.

The city engineer's estimate of total cost on Miscellaneous Project No. 4146, District No. 10, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the bids for
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Project No. 4146, District No. 10, pedestrian bridge over English Coulee, and recommended to accept the low bid of Innes Construction in the amount of $34,931.70.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 6288 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution awarding the contract for Miscellaneous Project No. 4146, District No. 10, to Innes Construction Company, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 99, PROJECT NO. 4195

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 99, Project No. 4195, street lighting in Johnson's 3rd Addition, had expired on July 15, 1994, and that he had received no written protests.

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

Council Member Klave introduced the following resolution as to protests which was presented and read: Document No. 6289 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 99, Project No. 4195, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 100, PROJECT NO. 4232

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 100, Project No. 4232, street lighting on Horizon Circle had expired on July 15, 1994, and that he had received no written protests.

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

Council Member Klave introduced the following resolution as to protests which was presented and read: Document No. 6290 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 100, Project No. 4232, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 101, PROJECT NO. 4233
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The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 101, Project No. 4233, street lighting on Dawn Circle had expired on July 15, 1994, and that he had received no written protests.

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

Council Member Klave introduced the following resolution as to protests which was presented and read: Document No. 6291 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 101, Project No. 4233, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 102, PROJECT NO. 4234

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 101, Project No. 4234, street lighting on Big Sky Circle had expired on July 15, 1994, and that he had received no written protests.

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

Council Member Klave introduced the following resolution as to protests which was presented and read: Document No. 6292 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 102, Project No. 4234, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL COST,
AND AWARD CONTRACT, STREET LIGHTING PROJECT NOS.
4195, 4232, 4233 AND 4234

The city auditor presented and read tabulation of bids which had been received and opened on July 11, 1994 for Street Lighting Project No. 4195, District No. 99, street lighting in Johnson's 3rd Addition; Street Lighting Project No. 4232, District No. 100, street lighting on Horizon Circle; Street Lighting Project No. 4233, District No. 101, street lighting on Dawn Circle; and Street Lighting Project No. 4234, District No. 102, street lighting on Big Sky Circle, indicating that Bergstrom Electric, Inc. was the low bidder based upon their bids in the amounts of $20,570.00 for Project No. 4195, and $1,892.00 each for Projects Nos. 4232, 4233 and 4234: Document No. 6293 - Bid Tabulation.

The city engineer's estimates of total cost on Street Lighting Project No. 4195, District No. 99; Project No. 4232, District No. 100; Project No. 4233, District No. 101; and Project No. 4234, District No. 102, in the amounts of $26,500.00, $2,500.00, $2,500.00 and $2,500.00, respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the bids for Street Lighting Project No. 4233, District No. 101, Dawn Circle; Project No. 4232, District No. 100, Horizon Circle; Project No. 4234, District No. 102,
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Big Sky Circle; and Project No. 4195, District No. 99, Johnson's 3rd Addition, and recommended that we accept the low bid of Bergstrom Electric, Inc. in the
amounts of $1,892.00 each for Projects 4233, 4232 and 4234, and $20,570.00 for Project No. 4195, for a total bid of $26,246.00.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 6294 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution awarding the contract for Street Lighting Project No. 4195, District No. 99; Street Lighting Project No. 4232, District No. 100; Street Lighting Project No. 4233, District No. 101; and Project No. 4234, District No. 102, be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of June 30, 1994, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this report be and is hereby received and filed. Carried 13 votes affirmative.

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from the building inspector was presented and read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Thursday, July 14, 1994, that notice had been published as required and that the following appeals were heard: 1) Lynus Sevigny, 1432 Walnut Street, request for variance to accessory building requirement to replace existing garage and Board moved to allow existing garage to be replaced with a variance from 6 ft. to 4 ft. on the side yard, and a variance from 1000 sq.ft. to 1220 sq.ft. on the total accessory building size; 2) Solseng, Ness, Nielsen, 5227 and 5231 Phoenix Court, request for variance to side yard setback requirements and to parking lot requirements to erect an addition to the building, and moved to allow a variance to reduce the rear yard property setback from 20 ft. to 10 ft. and require the parking lot be paved when Phoenix Court is paved; 3) Jeff LaVoi and Charles Polfus, 1215 N. 51st Street, request for variance to parking lot requirements and to landscaping requirements to erect a building, and moved to allow a variance to eliminate hard surface parking for the equipment parking lot to the west of the building, and to require parking for the customers on the north and east sides, including paved access from the frontage road and North 51st Street, and further to allow a variance to the placement of landscaping material on the north side per negotiations with the Planning Department, and to allow a variance to the installation of the paved parking to be finished within three years; 4) RIC, Inc., 2522 Gateway Drive, request for variance to the front yard setback requirements and to landscaping requirements to erect an addition to the building, and moved to allow a front yard setback variance of 7 ft. from 25 ft. to 18 ft. so the addition aligns with the existing building and eliminate buffer yard and curbing from the north and west sides of the lot; 5) Paul Slusar, 1816 1st Avenue North, request for variance to the side yard setback requirements and to the accessory building requirements to erect an addition to the dwelling, and moved to allow a side yard variance from 4'6" to 3'6" for an addition, and to allow a variance to the separation of the proposed addition and existing
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detached garage from 12 ft. to 8 ft.; 6) Raphael Slominski, 630 Maple Avenue, request for variance to the accessory building requirements to erect a garage; and moved to hold this item for one month; 7) Rodney and Patricia Bubach, 905 North 25th Street, request for a variance to the side yard setback requirements to erect an addition to the dwelling, and moved to allow a variance on the side yard of 1 ft. from 6 ft. to 5 ft. so the proposed addition aligns with the existing building; 8) L & L Masonry, Inc., 5598 10th Avenue North, request for a variance to the parking lot requirements, to the landscaping and fence requirements and to the side yard setback requirements to erect an addition to the building, and moved to allow a variance to the side yard from 15 ft. to 10 ft. so the proposed addition aligns with the existing building, and further to allow the delay of the landscaping and acceptance of fencing for separation until city water is available to the lot, and further to allow the delay of paved parking and curbing until 10th Avenue North is paved; 9) Vernon Thingvold, 3201 King Place, request for variance to the landscaping requirements and to the off-street parking requirements to add a parking stall, and moved to allow a variance to parking area to lot line setback from 5 ft. to zero feet for parking area adjacent to the garage.

It was moved by Council member Hagness and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-12, dated July 18, 1994, and totaling $1,248,799.10, 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 Member Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE REPORT ON EXAMINATION OF RECORDS
OF CITY OF GRAND FORKS FOR YEAR ENDED
DECEMBER 31, 1993

Committee No. 1, Finance, reported having considered the matter of the financial report and audit for the City of Grand Forks for year ended December 31, 1993, and recommended that we approve the audit report and approve payment subject to the State Auditor's approval of the report.

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

APPROVE APPLICATION FOR EXEMPTION OF
IMPROVEMENTS TO PROPERTY AT 112 NORTH
3RD STREET

Committee No. 1, Finance, reported having considered the matter of application for exemption of improvements to property at 112 North 3rd Street, and recommended that the application be approved.

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

AUTHORIZE PURCHASE OF PROPERTY FROM STATE

Committee No. 1, Finance, reported having considered the matter of purchase of excess right of way on south side of U.S. Highway 2 between North 42nd and 43rd Streets from the North Dakota Department of Transportation, and recommended that we authorize purchase of the excess right of way for $20,500.00 and negotiate terms of the lease with the Convention & Visitors Bureau.

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

Architects for the project showed sketches of the proposed site.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

INTRODUCE ORDINANCE AMENDING ANNUAL
APPROPRIATIONS BILL FOR CALENDAR YEAR 1994
(VARIOUS DEPARTMENTS)

Committee No. 1, Finance, reported having considered the matter of budget amendment (various departments - $25,491.00), and recommended that we approve the amendment and introduce ordinance for first reading.

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

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

APPROVE REQUEST BY DAV AUXILIARY TO SELL
POSTERS AND FLOWERS ON AUGUST 22-SEPTEMBER 24

Committee No. 2, Public Safety, reported having considered request from DAV Auxiliary No. 2 for permission to sell "forget-me-not" posters and flowers on August 22 to September 24, 1994, and recommended that we grant the request.

It was moved by Council Members Hoeppner and Johnson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE REQUEST BY ND ASSOCIATION FOR DISABLED
TO HOLD ANNUAL RUN THE RED 10K RACE

Committee No. 2, Public Safety, reported having considered the request by North Dakota Association for the Disabled to hold 10th Annual "Run the Red" 10K race and wheelathon on September 11, 1994, and recommended that we approve the request, subject to coordinating the event with the police department.

It was moved by Council Members Hoeppner and Johnson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

ADOPT RESOLUTION RECOGNIZING DOMESTIC VIOLENCE
PROGRAM OF WALSH COUNTY AS PUBLIC-SPIRITED ORGANIZATION
ELIGIBLE TO CONDUCT GAMING, AND APPROVE APPLICATION
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Committee No. 2, Public Safety, reported having considered the application by Domestic Violence Program of Walsh County for site authorization to conduct gaming, and recommended that we adopt a resolution recognizing this organization as a public-spirited organization eligible to conduct games of chance, and to approve the application.

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

Council Member Hoeppner introduced the following resolution which was presented and read: Document No. 6295 - Resolution.

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

APPROVE VARIOUS LEASE AGREEMENTS/CONTRACTS WITH
NORTH DAKOTA STATE HEALTH DEPARTMENT FOR PROVIDING
SERVICES

Committee No. 2, Public Safety, reported having considered the matter of contract with the North Dakota State Health Department for MCH (Maternal Child Health) Block Grant in the amount of $86,345.00, and recommended to approve contract for grant.

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

Committee No. 2, Public Safety, reported having considered the matter of contracts with the North Dakota State Health Department for a) HIV Counseling/Testing Site, b) Ryan White C.A.R.E. Services, and c) Occupational Health Nurse Program, and recommended that the contracts be approved.

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

ACCEPT BID FOR REMOVAL OF UNDERGROUND FUEL
STORAGE TANK AT POLICE BUILDING

Committee No. 2, Public Safety, reported having considered the matter of removal of underground fuel storage tank at the police building, and recommended that we accept the low bid of Valley Electric & Petroleum Equipment in the amount of $11,927.00 plus additional costs for cleanup if soil contaminated.

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

APPROVE CHANGES IN ALCOHOLIC BEVERAGE LICENSE
HELD BY CHI-CHI'S AND RE-ISSUE LICENSE

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

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

AUTHORIZE INSTALLATION OF NO TRUCK TRAFFIC
SIGNS ON 17TH AVENUE NORTH FROM DYKE TO
UNIVERSITY AVENUE

Committee No. 2, Public Safety, reported having considered the matter of truck traffic on University and 17th Street, and recommended that we install "no
truck traffic signs on 17th Street from Dyke Avenue to University Avenue.

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

APPROVE LEASE WITH NORTH DAKOTA STATE HEALTH
DEPARTMENT

Committee No. 2, Public Safety, reported having considered the lease agreement with North Dakota State Health Department o provide office space for Division of Disease Control for period July 1, 1994 through June 30, 1995, and recommended that we approve the lease agreement.

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

It was reported that the lease covers undefined office space in the department, that the grant has changed over the years, and is joint use of the area.

Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPLICATION BY 1ST CLASS LIMO SERVICE
FOR TAXI LICENSE

Committee No. 2, Public Safety, reported having considered the application by 1st Class Limo Service for taxi license, and recommended that we grant the taxi license, subject to final approval by the police department.

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

Council Member Hanson questioned whether there were any limits on number of licenses issued. Kraig Kuhl, RR 2, Grand Forks, owner of 1st Class Limo Service stated that from his research there has never been limitation on number.

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

RECONSIDER COUNCIL ACTION TO ALLOW PARKING
ON PORTION OF NORTH 25TH STREET DURING EVENTS
IN UNIVERSITY PARK
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July 18, 1994

Committee No. 2, Public Safety, reported having considered the matter of reconsideration of action allowing parking on the west side of North 25th Street from University Avenue to 6th Avenue North during Summerthing events in University Park, and recommended that we reconsider council action of June 20, 1994, and that we not allow parking on both sides of the street because of safety hazard, emergency vehicles, and with large parking lot available for parking.

It was moved by Council Member Hoeppner and Council Member Johnson to reconsider the council's action of June 20, 1994 relative to this matter. Carried 13 votes affirmative.

It was moved by Council Member Hoeppner and seconded by Council Member Johnson that the recommendation of the public safety committee be and is hereby approved.

Maynard Hanson, 411 North 25th Street, stated this is very narrow street, that it would impossible for emergency vehicles to get through if park on both sides of the street, and that there is ample parking on University parking lot at corner of 25th Street.

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

INTRODUCE ORDINANCES AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(FIRE DEPARTMENT AND POLICE DEPARTMENT)

A request from the fire department for budget amendment to use 1993 cash carryover in the amount of $14,844.95, had been considered by the public safety committee. It was moved by Council Member Hoeppner and seconded by Council Member Johnson that this amendment be and is hereby approved. Carried 13 votes affirmative.

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

A request from the police department for budget amendment to reflect grant funds in the amount of $1,500.00, had been considered by the public safety committee. It was moved by Council Member Hoeppner and seconded by Council Member Johnson that this amendment be and is hereby approved. Carried 13 votes affirmative.

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

AUTHORIZE ENTERING INTO ENCROACHMENT AGREEMENT
RE. FENCE ON PUBLIC RIGHT OF WAY AT 508 ELLA STREET

Committee No. 3, Public Service, reported having considered the matter of request to encroach into public right of way by Iver Buchmann, 508 Ella Street (fence), and recommended to allow fence, authorize entering into an encroachment agreement with Mr. Buchmann, and subject to an indemnity and hold harmless agreement should the fence have to be removed for repair of any utilities, etc.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.
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AUTHORIZE PLANS AND SPECIFICATIONS FOR SIDEWALK
IN EASEMENT IN HAAKE 5TH ADDITION

Committee No. 3, Public Service, reported having considered the matter of constructing sidewalk in easement for Haake 5th Addition, and recommended to authorize plans and specifications for the sidewalk.

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

ACCEPT PETITION FOR PAVING ON CHESTNUT
STREET SOUTH OF 47TH AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the petition for paving on Chestnut Street south of 47th Avenue South, and recommended to accept the petition and authorize engineer to proceed with this project.

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

RESCIND ACTION OF COUNCIL IN AWARDING CONTRACT
TO ROBINSON EXCAVATING FOR PROJECT NO. 4144

Committee No. 3, Public Service, reported having considered the matter of Project No. 4144, Chestnut Street repair, and recommended to rescind action of council awarding contract to Robinson Excavating.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that we reconsider the council's action of June 20, 1994 in accepting the bid and awarding contract for Project No. 4144, Chestnut Street repair, to Robinson Excavating in the amount of $9,880.00. Carried 13 votes affirmative.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that we approve recommendation of the committee and rescind council's action in awarding of the contract for Project No. 4144 and deny the bids. Carried 13 votes affirmative.

ACCEPT BIDS FOR CONSTRUCTION OF PROJECT NO.
3821, RICHARD'S WEST STORM SEWER

Committee No. 3, Public Service, reported having considered the bids for Project No. 3821, Richard's West storm sewer, and recommended to accept the low bids as follows: Schedule A: (construction of storm water pumping station), general contract - Construction Engineers, Ltd. $261,000.00, and electrical contract, Rick Electric, $83,900.00; and Schedule B (gravity storm sewer and storm water forcemain): Wanzek Construction, $828.575.00, contingent upon approval of funding agencies.

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

APPROVE CONCEPT FOR LONGITUDINAL HOLDING POND

Committee No. 3, Public Service, reported having considered the matter of longitudinal holding pond concept (extension of coulee), and recommended that we approve the concept.
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July 18, 1994

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

APPROVE AMENDMENT TO ENGINEERING AGREEMENT,
PROJECT NO. 3947, ENGLISH COULEE BIKEWAY

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering agreement for Project 3947, English Coulee bikeway, and recommended to approve amendment to the agreement in the amount of $3,480.00.

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

AUTHORIZE ENGINEER TO PROCEED TO PREPARE
PLANS AND SPECIFICATIONS FOR UTILITIES AND
AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
TO INSTALL UTILITIES IN BIRKHOLZ' 3RD AND
4TH ADDITIONS

Committee No. 3, Public Service, reported having considered the matter of authorization to install utilities in City right of way in Birkholz' 3rd and 4th Additions, and recommended that we authorize engineer to proceed to prepare plans and specifications for sanitary sewer, watermain and storm sewer on 24th Avenue South and authorize entering into three-way agreement with engineer and developer to install watermain and sanitary sewer on South 36th Street.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
4109, BRIDGE REPLACEMENT ON SOUTH 42ND STREET

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project 4109, bridge replacement on South 42nd Street (November DOT letting), and recommended to approve plans and specifications and enter into agreement for utility relocation.

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

APPROVE CHANGE ORDERS FOR NDDOT (NORTH DAKOTA
DEPARTMENT OF TRANSPORTATION) PROJECTS

Committee No. 3, Public Service, reported having considered the matter of change orders for NDDOT projects: a) C.O. #6, Project CM-CMU-6-297(004)000, DeMers Avenue Phase II, and b) C.O. #3, Project SU-6-986(030)033, DeMers Avenue, Phase II, in the amounts of $22,501.55 and $15,329.54, respectively, for additional costs for using and producing salvaged base course, and recommended that the change orders be approved.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
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July 18, 1994

Committee No. 3, Public Service, reported having considered the matter of change orders for NDDOT projects: c) C.O. #11, Project UNH-6-297(003)001, DeMers Avenue Phase I, deduct of $2,625.00 for testing cost and warranty agreement for 10 years from contractor (July 5, 1994 to July 5, 2004), and recommended that the change order be approved.

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

Council Member Beyer asked to be excused from voting on this issue. It was moved by Council Member Glassheim and seconded by Council Member Hamerlik that Council Member Beyer be excused from voting on this matter. Carried 12 votes affirmative.

Upon call for the question and upon roll call vote the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none; Council Member Beyer excused from voting. Mayor Polovitz declared the motion carried.

Committee No. 3, Public Service, reported having considered the matter of change orders for NDDOT projects: d) C.O. #12, Project UNH-6-297(003)001, DeMers Avenue Phase I, $60,000 change order to repay County for emergency repair of County Road No. 4, and recommended that the change order be approved.

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

ACCEPT BID FOR TRAFFIC PAINT

Committee No. 3, Public Service, reported having considered the bids for traffic paint, and recommended to accept the bid of Diamond Vogel for 880 gal. white traffic paint in the amount of $6,696.80 and for 880 gal. yellow traffic paint in the amount of $6,732.00, to be delivered in 55 gal. drums.

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

AUTHORIZE EXECUTION OF PURCHASE AGREEMENT FOR
SALE OF STREET DEPARTMENT PROPERTY TO ACME
ELECTRIC, CONTINGENT UPON APPROVAL BY CITY
ATTORNEY

Committee No. 3, Public Service, reported having considered the matter of purchase agreement for sale of street department property to Acme Electric, and recommended that we authorize proper City officials to sign purchase agreement contingent upon approval of final agreement by the city attorney.

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

ACCEPT GRANT FROM STATE SOLID WASTE MANAGEMENT
FUND

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July 18, 1994

Committee No. 3, Public Service, reported having considered the matter of acceptance and award of grant from State Solid Waste Management Fund in the amount of $5,284.00, and recommended to authorize proper City officials to accept and sign grant agreement.

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

ACCEPT BIDS FOR EQUIPMENT FOR SANITATION
DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of bids for sanitation department, heavy-duty trucks, and recommended to accept the low bid of Reiten Young International in the amount of $104,038.00, without trade.

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

Committee No. 3, Public Service, reported having considered the matter of bids for sanitation department, high density compactor, and recommended to accept the bid of Dakota Truck Equipment for two compactors in the amount of $58,756.00, with trade-ins.

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

MATTER OF DEBRIS IN DRAINAGE DITCH ALONG
SOUTH 34TH STREET

Committee No. 3, Public Service, reported having considered the matter of debris in the drainage ditch along South 34th Street, and recommended to uphold the City ordinance (which requires property owner to maintain) and that property owners be notified by mail of committee's action on their request.

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

Council Member Beyer explained her no vote on this matter, that she is against sending letter because there were no representatives at the meeting, spending staff time, etc.

After further discussion and upon call for the question and upon voice vote, the motion carried 13 votes affirmative.

INTRODUCE ORDINANCE TO ESTABLISH PENALTY FOR
VIOLATION OF PLUMBING CODE RE. SUMP PUMPS
DRAINING INTO SANITARY SEWER

Committee No. 3, Public Service, reported having considered the matter of sump pumps draining into sanitary sewer, and recommended to establish penalty of $100.00 for violation of plumbing code and to introduce ordinance for first
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reading.

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

It was noted that public needs to be made aware and if pumping into sanitary sewer, sewer could back-up; this would prevent bigger problems. It was also stated that property owners be given enough time to make changes in system in older houses, etc.

Mr. Swanson, city attorney, advised that ordinance doesn't change requirements of the home owner, only penalty, mandating fine of $100.00.

After considerable discussion and upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Sande, Klave, Beyer, Johnson, Hagness - 9; voting "nay": Council Members Hanson, Glassheim, Babinchak, Geller - 4. Mayor Polovitz declared the motion carried.

Council Member Beyer introduced an ordinance entitled "An ordinance amending Section 19-0340 of the Grand Forks City Code relating to the penalty resulting from a violation of the plumbing code", which was presented, read and passed on its first reading.

APPROVE APPLICATION BY WELCO TO CONVERT
PACE BUY-DOWN TO A GRANT

Committee No. 4, Urban Development, reported having considered the matter of Growth Fund application for WELCO (from PACE buy-down to grant), and recommended that we approve converting $10,000 PACE buy-down to a grant.

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

APPROVE GRANT TO HOUSING AUTHORITY FOR
RENOVATION OF HOUSE AT 515 8TH AVENUE SOUTH

Committee No. 4, Urban Development, reported having considered the matter of Housing Rehab Project for 515 8th Avenue South, and recommended approval of $15,000 grant to Housing Authority to provide renovation grant for house at 515 8th Avenue South from Housing Rehab. CDBG.

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

APPROVE APPLICATION FOR REHABBING OF PROPERTY
AT 1702 DYKE AVENUE

Committee No. 4, Urban Development, reported having considered the application for rental rehab funds to rehab property at 1702 Dyke Avenue, and recommended to approve the rehab proposal from GF Housing Authority in an amount not to exceed $14,000 for rehab of house at 1702 Dyke Avenue.

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

TRANSFER FUNDS FOR OPERATION OF HALF-WAY HOUSE
AT 1407 10TH AVENUE SOUTH

Committee No. 4, Urban Development, reported having considered the matter of CDBG funding for Operation Transition, Inc., and recommended that CDBG funding previously approved for Operation Transition be transferred to Centre, Inc. for the operation of the half-way house located at 1407 10th Avenue South.

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

REFER APPLICATION FROM ARC LABORATORIES
FOR GROWTH FUNDS BACK TO COMMITTEE WITH
POWER TO ACT

Committee No. 4, Urban Development, reported having considered the matter of proposed Growth Fund project for ARC Laboratories, and recommended that the application be rejected.

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

Council Member Beach reviewed concerns of committee in denying application, first Growth Fund monies have been largely expended for this year; there was a concern of Mr. Carpenter of whether this business really had good internal controls and good business practices; concern about using new funding to pay off old payables, that if council should over-rule committee and approve application would suggest minor changes: 1) in application there is provision for $3,000 loan forgiveness for each new job created, prefer if designated full time job equivalents; 2) concerned that there seems to be a strong association of this business with the State of Colorado, if this business left state or city, would like some provision that if a significant portion of the business left the city that the loan would then be due and payable and should have a personal guarantee on that, not a corporate guarantee.

Joseph Worman, 1111 Lincoln Drive, stated he has hired Coates and Lucke & Associates who have helped him in designing and maintaining payroll system, accounts receivable system and general ledger bookkeeping services and on-going consultation re. finances; that he has also hired corporate attorney, good banking relationship with Community National Bank, has hired company receptionist to assist with clerical workload; that is not his intention to move to Colorado; generates approx. $250,000 from out of state, has satellite business there; target Denver area because of population; remodeled his house, owns property, looking to purchase building for his laboratory, and wants to stay in Grand Forks. He had problem with accountants and problem in management, which they have resolved; that monies from Growth Fund will be spent specifically for expanding business, increase personnel and acquire new
equipment.

John O'Leary, stated this is a relatively small project and they are requesting $30,000, that one of the questions that came up was the company's financial capability, and would endorse Mr. Beach's recommendation re. jobs created and of a personal guarantee and provide that if business does leave, to put something on every one of our projects, and that we condition it
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similar to what we did with New Flyer Bus Co., which is to call the note and adjust the interest rates to reflect market interest rates rather than low interest that's being requested. He also noted that one of the conditions that the Growth Fund put on it was to request the company receive more intensive professional help in managing its fiscal affairs. He also brought to the council's attention the matter of the zoning of the property, and would like to see something in council's condition that requires the applicant to assure that the property has been properly rezoned. He stated that with those conditions he would endorse providing the $25,000 loan, forgivable at $3,000 per full-time job created in the city of Grand Forks, with personal guarantee. After some discussion Mr. O'Leary stated they would also special condition that some period of time would have to lapse before the $3,000 is released for a specific position.

Mr. Worman stated he has checked on rezoning of the property with the Planning Office, and there is no problem with operating his business there.

It was moved by Council Member McCabe and seconded by Council Member Hanson to amend motion to approve project with stipulations as noted, and also time commitment of positions.

It was moved by Council Member Beach and seconded by Council Member McCabe to amend motion to include additional conditions (first mortgage to property at 2102 South 38th Street).

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

Upon call for the question on first amendment, and upon voice vote, the motion carried.

It was moved by Council Member Beyer and seconded by Council Member Geller to amend motion to refer back to committee to work out details, with power to act. Carried 13 votes affirmative.

RECESS FOR 5-MINUTES; AND RECONVENE

Mayor Polovitz called for a five-minute recess at 9:25 p.m. The council reconvened at 9:30 p.m. with all members present.

WITHDRAW REQUEST FOR APPROVAL OF MIK-LAN PUD,
AMENDMENT NO. 2, DETAILED DEVELOPMENT PLAN,
D & L BUILDING, LOT L, BLOCK 1, ENDRES-RYDELL
ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from Jack Dencker on behalf of L & L Masonry for final approval of MIK-LAN PUD (Planned Unit Development) Amendment No. 2, Detailed Development Plan, D & L Building, Lot L, Block 1, Endres-Rydell Addition, Grand Forks, North Dakota (located at 1551 28th Avenue South), and recommended withdrawal at the request of the owner.

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

DENY PETITION FOR VACATION OF ALLEY IN HUBERT'S
ADDITION

The City Planning and Zoning Commission reported having considered the matter of the petition from Lael Schmidt and others for approval to vacate a 20-foot
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wide alley lying in Hubert's Addition, Grand Forks, North Dakota, Block 3, adjacent to Lots 1 through 6 (located between Minnesota Avenue, South Fifth Street and Fourth Avenue South), and recommended denial of the request as the petition has not been signed by all abutting property owners.

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

GRANT FINAL APPROVAL OF SUN LAND WEST PUD,
DETAILED DEVELOPMENT PLAN, 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 final approval of Sun Land West PUD (Planned Unit Development), Detailed Development Plan, Sun Land West First Resubdivision, Block 1, Lots 1 through 12 and Block 2, Lots 1 through 14), Grand Forks, ND (located between 6th Avenue North and 8th Avenue North and between North 51st and North 53rd Streets), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

ADOPT RESOLUTION ANNEXING UNPLATTED PROPERTY
KNOWN AS BLOCK 5, SKIDMORE ADDITION

The City Planning and Zoning Commission reported having considered the matter of request from City Planning Department for annexation of all that portion of Grand Forks County, North Dakota, Township 152 North, Range 50 West (Falconer Township) Section 33, Southwest Quarter of the Southeast Quarter, more specifically described as follows: an unplatted territory heretofore known as Block 5 of Skidmore Addition to the city of Grand Forks, ND, and recommended approval of the Resolution of Annexation and to set the date of the public hearing for September 6, 1994.

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

Council Member Glassheim introduced the following resolution of annexation, which was presented and read: Document No. 6296 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that this resolution of annexation be and is hereby adopted and further that the 6th day of September, 1994 be set as date for public hearing for the purpose of hearing and determination of the sufficiency of any protest to the proposed annexation. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ADOPT RESOLUTION ANNEXING PORTIONS OF SE
QUARTER OF SECTION 21, NW QUARTER OF SECTION
27, SE QUARTER OF SECTION 33 AND SW QUARTER OF
SECTION 34, RYE TOWNSHIP, GRAND FORKS COUNTY

The City Planning and Zoning Commission reported having considered the matter of the petition from the Grand Forks Airport Authority for approval of a
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resolution to annex to the city of Grand Forks, North Dakota, the following real estate lying in Rye Township (Township 152 North of Range 51 West, 5th Principal Meridian) Grand Forks County, portions of the Southeast Quarter of Section 21, the Northwest Quarter of Section 27, the Southeast Quarter of Section 33, and the Southwest Quarter of Section 34, and recommended approval of the Resolution of Annexation and to set the date of the public hearing for September 6, 1994.

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

Council Member Glassheim introduced the following resolution of annexation, which was presented and read: Document No. 6297 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that this resolution of annexation be and is hereby adopted and further that the 6th day of September, 1994 be set as date for public hearing for the purpose of hearing and determination of the sufficiency of any protest to the proposed annexation. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT PETITION TO VACATE 20-FT. EAST/WEST
ALLEY IN BLOCKS 76 AND 77, ALEXANDER & IVES' ADDITION
(LOCATED WITHIN PRESENT SANITATION DEPARTMENT
SITE ON NORTH WASHINGTON STREET)

The City Planning and Zoning Commission reported having considered the matter of the petition from the Grand Forks City Auditor's Office for approval to vacate a 20-foot wide east/west alley adjacent to Lots 3 through 23, Block 76 and Lots 1 through 6 and 11 through 16, Block 77, Alexander and Ives Addition to Grand Forks, North Dakota, including that portion extended through vacated North 16th Street (formerly Walsh Street) and excluding any portion lying with the North Washington Street right of way (located within the present Sanitation Department site on North Washington Street), and recommended approval of the vacation and to set the date of the public hearing for August 15, 1994.

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

GRANT PRELIMINARY APPROVAL OF BFM PUD
DETAILED DEVELOPMENT PLAN-PATIO HOMES, BFM
3RD RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis D. Mikkelson for preliminary approval of BFM PUD (Planned Unit Development), Detailed Development Plan-Patio Homes, BFM 3rd Resubdivision to the city of Grand Forks, ND, Block 3 (located between South 20th and South 21st Streets and between 26th Avenue South and 27th Avenue South), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

DENY PRELIMINARY PLAT OF EDGEWOOD ESTATES
ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Steven J. Adams for preliminary approval of Edgewood Estates Addition, Grand Forks, ND, being the N 1/2 of the NW 1/4 of Section 35, T151N of R50W (Grand Forks Township) (located south of 62nd Avenue South between County Road No. 8 (Belmont Road extended and L & S Addition), and recommended denial of the request. The proposed subdivision is premature, not contiguous to the city limits, could not be served with city utilities or services, promotes low density urban sprawl, results in a substantial loss of property tax base, and creates a rural residential subdivision that in all likelihood would oppose annexation at a later date.

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

DENY PRELIMINARY PLAT OF GREENWOOD ESTATES
ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of LaVonne Adams for preliminary approval of Greenwood Estates Addition, Grand Forks Township, Grand Forks County, North Dakota, being a plat of the Southwest Quarter of Section 26, Township 151 North of Range 50 West of the 5th Principal Meridian (located between Adams Drive (55th Avenue South extended) and 62nd Avenue South and between Adams Drive (Southeast 8th street extended) and 00 street extended (County Hwy. 17 extended), and recommended denial of the request. The proposed subdivision is premature, not contiguous to city limits, could not be served with city utilities or services, promotes low density urban sprawl, results in a substantial loss of property tax base, and creates a rural residential subdivision that in all likelihood would oppose annexation at a later date.

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

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF SUMMER FALLOW FIRST
ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Crary Homes and Johnson Farms for preliminary approval of the plat of Summer Fallow First Addition to the city of Grand Forks, ND, being a portion of Grand Forks Township (Township 151 North of Range 50 West), Section 27, NE Quarter of the NW Quarter and the Northwest Quarter NE Quarter (located south of 47th Avenue South between Chestnut Street and Cherry Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for August 15, 1994.

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

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

INTRODUCE ORDINANCE AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE (PLANNING &
ZONING COMMISSION)

The Planning and Zoning Commission reported having considered the matter of amending the 1994 and proposed 1995 Planning and Zoning Commission budgets, and recommended approval of amending the 1994 budget and the proposed 1995 budget to reflect additional grant revenues.

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

Council Member Glassheim introduced an ordinance entitled "An ordinance to amend the annual appropriations bill for the calendar year 1994" (Planning and Zoning Commission), which was presented, read and passed on its first reading.

REFER MATTER OF PRELIMINARY AND FINAL PLATS OF
REPLAT OF LOT 8, BLOCK 1, KUSTER SECOND ADDITION
BACK TO PLANNING COMMISSION

The Planning and Zoning Commission reported having considered the matter of the request from Branden Bartholomew on behalf of Tim Lamb for preliminary administrative approval (fast track) and final approval of a Replat of Lot 8, Block 1, Kuster Second Addition to the city of Grand Forks, North Dakota (located at 3601 17th Avenue South), including a variance to the lot depth as regulated by Section 18-0208(6)(A), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

Tim Lamb, 910 North 39th Street, stated that originally they were to have either joint or common driveway with adjacent property owner, that has fallen through; that he does plan to make easement across the lot to access back lot on this property, and that he thinks that resolves access issue, and would like to move on with development of this property.

Bob Bushfield, city planner, asked that they send this back to committee because every lot has to have access and frontage off a publicly dedicated street, and will probably also change assessments on the cul de sac as result of providing access there, and to do what Mr. Lamb is requesting would take a variance in subdivision regulations and only Planning Commission can grant that variance.

It was moved by Council Member Hagness and seconded by Council Member Beyer that this matter be referred back to the Planning Commission for further consideration. Carried 13 votes affirmative.

DENY REQUEST FOR RECONSIDERATION OF EXCEPTION
TO PLATTING REQUIREMENTS AS ALLOWED UNDER
SECTION 18-0903 OF THE CITY CODE

The Planning and Zoning Commission reported having considered the matter of the request from the North Dakota Department of Transportation requesting
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reconsideration of exception to the platting requirements as allowed under Section 18-0903 of the Grand Forks City Code, and recommended denial of the request due to the long range impact on the remaining properties and the identification thereof.

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

Bob Bushfield, city planner, reported that biggest proponents of requiring that this property be platted weren't necessarily Planning and Zoning staff, came primarily from Mr. Nikle, property owner along the DeMers Avenue corridor, who is being impacted by taking in that area, and he feels, as do other property owners, that this property should be replatted and the cost of that replat borne as part of the project cost; however, NDDOT doesn't agree with that; this is the only city in State where they have to plat the property prior to the conveyance. He reported they made this request in February of 1992 during construction of that corridor and we denied their request at that time; and they came back and are making second request of us. He stated he doesn't know who's going to end up bearing the cost of the replat on this project, whether by the City or by the project which they feel it should be; that if borne by the project 80% of the cost will be picked up by the federal government on the right of way responsibility on the DeMers Avenue project it was on the primary system was the State DOT's responsibility, and State now saying they don't think federal government will pick up the cost on this now, that negotiations are still on-going with NDDOT, that what we are really doing is enforcing an ordinance in place since 1959 requiring any property conveyed to be replatted, and we feel that cost should be borne by the NDDOT rather than incurred as a future cost by the property owners in the city of Grand Forks.

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

ALLOCATE 1994 BIKEWAY MAINTENANCE FUNDS

The City Bikeway Committee reported having considered the matter of utilizing the 1994 Bikeway Maintenance budget, and recommended allocating the 1994 Bikeway Maintenance Fund for overlaying the section of the 32nd Avenue bikepath between the Tennis Center and South Columbia Road, est. cost $13,000; and allocating $1,000 to overlay the Riverbank bikepath beneath the Burlington Northern trestle; and spending the balance of the Maintenance Fund, $2,500, overlaying the bikepath on Columbia Road between 17th Avenue South and 24th Avenue South.

It was moved by Council Member Hanson 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, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPOINTMENTS

Mayor Polovitz announced the appointment of Diane Blair to the Mayor's Committee on Employment of People with Disabilities, and asked for con-
concurrence in this appointment. It was moved by Council Member Hoeppner and seconded by Council Member Hanson that this appointment be and is hereby approved. Carried 13 votes affirmative.

Mayor Polovitz announced the appointment of Sandra Beidler Slater, Fred Schneider, Dr. Gordon Iseminger to the Grand Forks Historic Commission for two year terms expiring July 1, 1996, and asked for concurrence in these
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appointments. It was moved by Council Member Hoeppner and seconded by Council Member Hanson that these appointments be and are hereby approved. Carried 13 votes affirmative.

Mayor Polovitz announced the appointment of Kent Anderson, Del Scholler, and Neil Medley to the Board of Adjustments for terms expiring June 2, 1997, and asked for concurrence in these appointments. It was moved by Council Member Hoeppner and seconded by Council Member Hanson that these appointments be and are hereby approved. Carried 13 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE

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

1) Council Member McCabe suggested that the council should meet with County officials once a month to exchange information/ideas etc.
2) Council Member Beach suggested that once or twice each year all taxing entities should get together.

MATTER OF FLOOD ASSISTANCE PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of Flood Assistance Program, and recommended that the mayor be authorized to sign appropriate grant documents, and that the city council authorize Urban Development Committee to develop programmatics for the program, including procedures, time-frames, etc. with power to act.

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

APPROVE REQUEST FROM GARY STENSON (ST. ANNE'S)
FOR LETTER OF SUPPORT FOR LOW INCOME TAX CREDITS

Committee No. 4, Urban Development, reported having considered the request from Gary Stenson (St. Anne's) for letter of support for low income tax credits, and recommended that the city council forward a letter of support for low income tax credits from the North Dakota Housing Finance Agency with the understanding that this letter does not obligate the City in any way to financially support the project.

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

APPROVE CHANGE ORDERS

Committee No. 3, Public Service, reported having considered the matter of change order for aggregate base and fabric on 32nd Avenue South, and recommended that the City authorize necessary fabric and aggregate for the base on 32nd Avenue S. with change order to be submitted for actual installed quantities not to exceed $50,000.

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

Committee No. 3, Public Service, reported having considered the matter of agreement with Nodak Rural Electric for adjusting electrical conductors on
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32nd Avenue South, and recommended that the City authorize proper City officials to enter into agreement with Nodak R.E.A. to adjust or relocate electrical conductors on 32nd Avenue South in an amount not to exceed $15,000 and contingent on agreement by Nodak to make future adjustments at their cost.

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

Committee No. 3, Public Service, reported having considered the matter of change order for culvert pipe under 32nd Avenue South, and recommended that the City approve installation of necessary culvert pipe contingent on all costs to be borne by the developer to the south (Art Greenberg).

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

ADJOURN

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that we do now adjourn. Carried 13 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Michael Polovitz, Mayor