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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 1, 1994

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, August 1, 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, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; absent: Council Members Geller, Johnson - 2.

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.

MATTER OF UPDATE ON NATIONAL GUARD AND
DECLARE WEEK OF AUGUST 13 AS NATIONAL
GUARD DAY AND

Larry Anderson, representing First and 188th Air Defense Artillery Unit in Grand Forks, reported on progress that the North Dakota National Guard has made on achieving its growth objectives; that in March of 1994 General Bjerke gave the Air Defense Artillery Battalion in Grand Forks a mission, and that mission was to grow the ND National Guard in Grand Forks by an additional 210 soldiers, and to achieve that mission by September of 1995; and that this is an economic matter for the city of Grand Forks assuming they can achieve the objectives (increase from current strength of 284 individuals to eventually have over 600 individuals coming into the community on a monthly basis to train and utilize the various services in the community). He stated that their progress to date hasn't been that favorable, that since the General issued the mission, they were at a strength of 284 individuals and are now at a current strength of 292, so have made only marginal progress; that one of the reasons that he is here tonight is to call on the city council to be aware of the economic ramifications of the challenges that have been issued to the community and to enlist the support of the council and the community in helping to realize achievement of that objective of eventually having an air defense artillery battalion here in Grand Forks. He reported that a new armory is being constructed and is scheduled for completion in March of 1996; a new organizational maintenance facility is being constructed and scheduled for completion in October, 1994, with a total impact from those two facilities exceeding $10 Million; and there's another facility that the ND National Guard is interested in locating in Grand Forks, a moving target simulator facility that would create another economic impact of $5 Million and which is in the Dept. of Defense budget and is currently getting programming. He stated that this is contingent on whether they are successful in achieving their enlistment objectives and they need to show improved progress in achieving that goal or that a portion of these economic impacts will go to other communities in North Dakota. He stated that he would like to request the mayor's and the council's support to declare August 13 as National Guard Day and that on that particular day they are hosting and conducting a community awareness and family appreciation day for those current members of the 188th Air Defense Artillery Unit and a kickoff to their recruiting campaign.

It was moved by Council Member Hagness and seconded by Council Member Hamerlik that we declare August 13 as National Guard Day and as Community Awareness Day. Carried 12 votes affirmative.

APPROVE MINUTES JULY 5, 1994

Typewritten copies of the minutes of the regular meeting of the city council held on Tuesday, July 5, 1994 were presented and read. It was moved by
Council Member Hoeppner and seconded by Council Member Beyer that the minutes
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be approved as read. Carried 12 votes affirmative.

SUSPEND REGULAR ORDER OF BUSINESS AND
CONSIDER PROPOSAL FOR FINANCING REHAB. OF
ST. ANNE'S PROPERTY

It was moved by Council Member Hoeppner and seconded by Council Member Klave that we suspend the regular order of business and consider the matter of the proposal for financing rehab. of St. Anne's property. Carried 12 votes affirmative.

Committee No. 4, Urban Development, reported having considered the proposal for financing rehab. of St. Anne's property by MetroPlains Development, Inc., St. Paul, MN and recommended that we amend the motion to state that it is our intent to call for creation of the new 15-year tax increment financing district contingent upon the outcome of public hearings, waiver of estoppel by the developer, and contingent upon approval of appropriate counsel.

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

Tom Lax, 1116 2nd Avenue North, stated there should be no tax break longer than term of council member, and would recommend a four year tax break as a maximum.

Beth Foley, 125 Seward Avenue, president of Neighborhood Association, but not speaking for the Association, wanted project to happen for benefit of historic preservation and neighborhood, contacted residents of area, and overwhelming response, and urged council to see that this project happens.

Tracy Doe, member of Grand Forks Historical Commission, appeared in support of this project and that he would hope council will show their support.

Council Member Hagness reported that he had received a call from Janet Hansen who wanted him to relay her comments, she wanted to say there was an interest of private investors to preserve St. Anne's as a hotel, a bread and breakfast center, and benefit of being able to tour the facility and to be able to see inside as historically preserved if this were to come to light, and her concern was that the tax increment financing or tax abatement would be lost to City. Council Member Hagness stated in speaking for himself, he was in favor of some type of project to go forward.

Gary Stenson of MetroPlains Development, and Marty Torkelson, Greater Grand Forks Senior Citizens' Assn., co-general partners that are proposing to develop St. Anne's into approx. 35-38 housing units for seniors, congregate services, and have worked out some things with Community Development, and are here to answer any questions council might have.

Mr. Stenson stated that it is North Dakota Housing and Finance Agency, to whom they have to prove that financing is in place, thinks that recommendation will do it, but if there is anything else the City can do for support for the development of St. Anne's, thinks that would help with the State. He stated that the tax credits allocated by the State to the project are based on the developers receiving their financing and if the development does not go, those credits have to be given to somebody else; and if North Dakota does not use all of their allocation by the end of the year, they miss out on national pooling and getting additional credits. Mr. Stenson stated that if everything in place would start in November or December, with 8 month construction period. He also stated that the partnership will select management company to manage the development, the tenants would have to be 60% of median income or
below, but no rental subsidy tied to the development, such as Section 8.
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Mrs. Torkelson stated that in addition to the historic value of the building and the development, it will be of great benefit and future for the senior citizens and older persons in the community. She stated that they have housing of this type, congregate housing with services, for the very low and high income, but nothing of this type available for middle income groups.
She stated they will have one meal daily, transportation services available, outreach or social workers available on site and activities director; will have a full scope of services.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3434, RELATING TO PENALTY
RESULTING FROM VIOLATION OF PLUMBING CODE

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 had been introduced and passed on its first reading on July 18, 1994, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3435, AMENDING ANNUAL
APPROPRIATIONS BILL FOR 1994 (VARIOUS
DEPARTMENTS)

An ordinance entitled "An ordinance amending annual appropriations bill for the calendar year 1994" (various departments), which had been introduced and passed on its first reading on July 18, 1994, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3436, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(FIRE DEPARTMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Fire Department), which had been introduced and passed on its first reading on July 18, 1994, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3437, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(POLICE DEPARTMENT)

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An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Police Department), which had been introduced and passed on its first reading on July 18, 1994, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

DETERMINE INSUFFICIENCY OF PROTEST ON
STREET IMPROVEMENT DISTRICT NO. 84, PROJECT NO. 4227 (FORMERLY PAVING DISTRICT NO. 529)

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Improvement District No. 84 (formerly Paving District No. 529), Project No. 4227, resurfacing of 30th Avenue South from South 20th Street to South 25th Street, had expired on July 29, 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 Hagness introduced the following resolution as to protests, which was presented and read: Document No. 6299 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Improvement District No. 84 (formerly Paving District No. 527), Project No. 4227, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, STREET IMPROVEMENT
DISTRICT 84 (FORMERLY PAVING DISTRICT NO. 529),
PROJECT NO. 4227

The city auditor presented and read tabulation of bids which had been received and opened on July 26, 1994, for Street Improvement Project No. 4227, District No. 84 (formerly Paving District No. 529), resurfacing 30th Avenue South from South 20th to 25th Street, indicating that Nodak Contracting was the low bidder based upon their bid in the amount of $36,575.00: Document No. 6300 - Bid Tabulation.

The city engineer's estimate of total cost on Street Improvement Project No. 4227, District No. 84 (formerly Paving District 529), in the amount of $
was presented and read.

Committee No. 3, Public Service, reported having considered the bids for Project No. 4227, Street Improvement District No. 84 (formerly Paving District 529), resurfacing 30th Avenue South from South 20th Street to South 25th Street, recommended to approve award to the low bidder, Nodak Contracting, in the amount of $36,575.00.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read Document No. 6301 - Resolution.
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It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this resolution awarding the contract for Street Improvement Project No. 4227, District No. 84 (formerly Paving District 529), to Nodak Contracting, be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - l2; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

REPORTS OF OFFICERS

The city auditor's report on investments for period ending July 31, 1994 was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim to receive and file. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-13, dated August 1, 1994, and totaling $503,899.94, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Hanson and seconded by Council Member Hoeppner that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE LEASE AGREEMENT WITH NORTH DAKOTA
HIGHWAY PATROL FOR OFFICE SPACE IN POLICE
BUILDING

Committee No. 1, Finance, reported having considered the matter of lease agreement with North Dakota Highway Patrol for 1994/95, commencing July 1, 1994 and terminating on the 30th day of June, 1995, at a total cost of $7,635.00 per annum, with rent to be paid in a monthly amount of $636.25, and recommended approval of the lease and to authorize proper City officials to sign said lease.

It was moved by Council Member Babinchak and seconded by Council Member Sande that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
AT 1018 PARK DRIVE

Committee No. 1, Finance, reported having considered the application for abatement of 1993 taxes by Mary Ganyo, 1018 Park Drive (Lot 18, Block 8, Cox's Addition), and recommended approval of the application as submitted.

It was moved by Council Member Babinchak and seconded by Council Member Sande that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 12 votes affirmative.

DENY APPLICATION FOR ABATEMENT OF TAXES AT
2132 SOUTH 38TH STREET

Committee No. 1, Finance, reported having considered the application for abatement of 1993 taxes by Gerald N. and Cheryl D. Loiland, 2132 South 38th
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Street (Lot 8, Block 1, Birkholz' Second Addition), and recommended denial of the application.

It was moved by Council Member Babinchak and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

DECLARE CITY LOTS AS SURPLUS, AND OFFER FOR
SALE

Committee No. 1, Finance, reported having considered the matter of setting value on three City properties in Medvue Estates 6th Resubdivision (located between Knight Drive and 17th Avenue South and between Columbia Road and the English Coulee), and advertise said properties for sale (Lots 1, 2 and 3, Block 1, Medvue Estates 6th Resubdivision), and recommended to declare property as surplus and approve minimum bid price of $32,000 for Lot 1, $28,000 for Lot 2 and $24,000 for Lot 3, and advertise lots for sale.

It was moved by Council Member Babinchak and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 1, Finance, reported having considered the matter of setting value on City property, declaring as surplus and advertising for sale: 1310 8th Avenue North (east 1/2 of Lot 19, all of Lots 20 and 21, less Highway R/W, Block 67, Alexander & Ives' Addition), and recommended to declare the property as surplus, approve a minimum bid price of $17,100, and advertise lot for sale.

It was moved by Council Member Babinchak and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCES AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994

Committee No. 1, Finance, reported having considered the request from Grand Forks Substance Abuse & Traffic Safety for a budget amendment to include unused portion from 1993 fiscal year for on-going projects and promotional programs in the amount of $1,575.00, and recommended approval of the amendment. It was moved by Council Member Babinchak and seconded by Council Member Sande that this request be approved. Carried 12 votes affirmative.

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

Committee No. 1, Finance, reported having considered the request from the Auditor's Office to amend Community Relations budget to include grant from the Turtle Mountain Band of Chippewa Indians for Mission Project Phase II in the amount of $1,645.00, and recommended approval of the amendment. It was moved by Council Member Babinchak and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

ADOPT RESOLUTION CONCERNING INVESTMENT OF
FUNDS BY THE CITY OF GRAND FORKS
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Committee No. 1, Finance, reported having considered the matter of resolution authorizing City officials to do business with First National Bank, and recommended that we approve resolution and authorize agreement to do business with First National Bank, subject to the city attorney's review.

It was moved by Council Member Babinchak and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 1, Finance, reported having considered the matter of resolution authorizing City officials to do business with First National Bank Securities Corporation, and recommended that we approve the resolution and authorize agreement to do business with First National Bank Securities Corporation, subject to the city attorney's review.

It was moved by Council Member Babinchak and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE CHANGE IN NAME OF AUDITING DEPARTMENT
TO FINANCE DEPARTMENT

Committee No. 1, Finance, reported having considered the matter of auditing department name change, and recommend that we approve changing the name to finance department.

It was moved by Council Member Babinchak and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE REQUEST BY ND ARMY NATIONAL GUARD TO
HOLD 5K/10K FUN RUN/WALK ON AUGUST 13

Committee No. 2, Public Safety, reported having considered the request by ND Army National Guard (Hdq. 1st Battalion 188th Air Defense Artillery) to hold 5K/10K Fun Run/Walk on August 13 as part of Community Awareness/Family Support Day, and recommended approval contingent with final arrangements made with police department.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carries 12 votes affirmative.

APPROVE REQUEST FOR VARIANCE TO NOISE ORDINANCE
BY AMERICAN CANCER SOCIETY OF ND FOR RELAY FOR LIFE

Committee No. 2, Public Safety, reported having considered the request from the American Cancer Society of North Dakota and Minnesota for variance to the noise ordinance on August 12 from 8:30 p.m. to 11:30 p.m. during a Relay for Life at Cushman Field, and recommended to allow variance to 11:30 p.m. on August 12, with direction from the committee that they play only to the audience and not to the town.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE AGREEMENT WITH ND STATE DEPARTMENT
OF HEALTH AND CONSOLIDATED LABORATORIES FOR
HIV/AIDS EDUCATION GRANT

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Committee No. 2, Public Safety, reported having considered the matter of HIV/AIDs Education Grant in the amount of $15,000, and recommended to approve grant agreement and authorize proper City officials to enter into the agreement with the North Dakota State Department of Health and Consolidated Laboratories.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE "NO PARKING" SIGNS ON PORTION OF
7TH AVENUE SOUTH FROM SOUTH 14TH STREET EAST

Committee No. 2, Public Safety, reported having considered the request for "no parking" signs in front of Bearings and Drives, 1300 block 7th Avenue South, and recommended that signs be installed for one-half block on the north side of 7th Avenue South from South 14th street to the east.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE INSTALLATION OF SPEED LIMIT SIGNS
ON SOUTH 36TH STREET SOUTH OF 11TH AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the request for signs to reduce speeds on South 36th Street south of 11th Avenue South, and recommended that 25 mph speed limit signs be posted until an alternate route is established from the south or west.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE APPLICATION FOR MOBILE FOOD VENDOR LICENSE
BY SMILEY'S ICE CREAM

Committee No. 2, Public Safety, reported having considered the application by Grandel E. and Sherry Jo Harmon, 722 University Avenue, dba Smiley's Ice Cream, and recommended approval.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE BUDGET AMENDMENTS AND INTRODUCE ORDINANCES

Committee No. 2, Public Safety, reported having considered request by Health Department MCH (Maternal Child Health) for amendment to the budget in the amount of $15,856.00 to reflect grant monies and $9,000 cash carryover, and recommended approval of the amendment. It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

Committee No. 2, Public Safety, reported having considered request by Health
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Department for amendment to the budget in the amount of $15,000 to reflect HIV/AIDS Education Grant, and recommended approval of the amendment. It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

Committee No. 2, Public Safety, reported having considered request by Health Department for amendment to the budget in the amount of $10,000 to reflect increase revenue for hepatitis and other immunizations (Communicable Disease), and recommended approval of the amendment. It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

Committee No. 2, Public Safety, reported having considered request to amend Mosquito Control budget in the amount of $51,000 for three mosquito sprayings, and recommended approval of the amendment. It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

DEFEAT MOTION TO APPROVE GROUND SPRAYING FOR
MOSQUITO CONTROL

Committee No. 2, Public Safety, reported having considered the matter of ground spraying for mosquitos, and recommended that we ground spray in Grand Forks at a cost of $6,000 per application, with two sprayings to be done.

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

Council Member Hoeppner stated that the council had authorized three aerial sprayings, that two sprayings have been done, that a motion was made in committee to consider ground spraying at about $6,000 per spraying, that there is a balance in the fund of $17,369 with two sprayings paid for, questioned funding for ground spraying; and to consider next year when call for bids.

Thomas Lax, 1116 2nd Avenue North, questioned where $5,000 came from to give to Park District for sprayer, why council waited so long to vote on spraying, and that should be done by ground spraying.

Council Member Hoeppner stated that aerial spraying works, and reported that they wanted to monitor how ground spraying works in other cities.

Council Member Hanson stated he had brought matter up to the Board of Health, who thought it best to wait until next year; he stated ground spraying has less effect on wildlife and people; spraying done at night, there is flexibility for spraying for special events, and is more cost effective.

Russell Wilber, 1605 North 3rd Street, stated he was head of public health at Air Base, that mosquitos breed in grass, and that it's waste of money to spray 13662
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either from air or ground, and suggested they contact Minneapolis Mosquito Control to see what they do.

A number of residents including Dexter Perkins, 1112 Cottonwood Street; resident of 6302 Lake Drive; Bob Seabloom, 1212 Lincoln Drive; Charlotte Lewis, 817 Belmont Road; and Gene Schneeweis; stated their opposition to spraying of mosquitoes because of short term relief, waste of monies and/or poor use of funds, and effect on insects, fish, animals and humans; that council should consider alternative of no spraying.

Thomas Lax, 1116 2nd Avenue North, spoke in favor of spraying, small children need protection, and City assuming responsibility by taking residents' money.

Council Member Hanson moved that the council allow the public safety committee to make decision on spending monies left, but not to collect money if not going to spray. The motion died for lack of a second.

There was some discussion relative to spraying for encephalitis carrying mosquitoes, and Council Member Hanson stated that if emergency State funds money.

Mayor Polovitz stated the council would have to determine that this was an emergency to use funds for ground spraying, as they haven't asked for any proposals or bids. Mr. Swanson advised council on advertising and bidding requirements, but that if emergency situation, could waive requirements on that basis.

After further discussion and upon call for the question and upon roll call vote, the following voted "aye": Council Member Glassheim - 1; voting "nay": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 11. Mayor Polovitz declared the motion defeated.

RECESS FOR 5-MINUTES; AND RECONVENE

Mayor Polovitz called for a five-minute recess at 9:20 p.m. The council reconvened at 9:25 p.m. with all members present.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT WITH TKDA FOR RENOVATION OF PUBLIC
WORKS FACILITY, PROJECT NO. 4117

Committee No. 3, Public Service, reported having considered the matter of Amendment No. 2 to architect/engineering agreement with TKDA for Project No. 4117, renovation of public works facility, and recommended approval of Supplement No. 2 to the agreement with TKDA to increase maximum "not to exceed" amount by $20,000.00.

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, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4247, DISTRICT NO. 354

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for Project No. 4247, Sewer District No. 354, forcemain along South 48th Street from 32nd Avenue South to master lift, and recommended that we pass a resolution creating the assessment district and
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identifying future assessment area, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications; and further that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 6302 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT NO.
354, PROJECT NO. 4247

The city auditor presented and read the engineer's report on Sewer District No. 354, Project No. 4247: Document No. 6303 - Report.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this report be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SEWER DISTRICT NO. 354, PROJECT NO. 4247

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6304 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4218, DISTRICT NO. 351

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for Project No. 4218, District 351, temporary lift station west of I-29 at 32nd Avenue South, and recommended that we pass 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 further that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 6305 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Upon roll call the following
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voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT NO.
351, PROJECT NO. 4218

The city auditor presented and read the engineer's report on Sewer District No. 351, Project No. 4218: Document No. 6306 - Report.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this report be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SEWER DISTRICT NO. 351, PROJECT NO. 4218

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6307 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER DISTRICT NO. 355, PROJECT NO. 4242

Committee No. 3, Public Service, reported having considered the matter of sanitary sewer on North 51st Street from 6th to 7th Avenues North, and recommended that we pass 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 further that we declare intent to sell bonds to finance these improvements.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 6308 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution
adopted.

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT NO.
355, PROJECT NO. 4242

The city auditor presented and read the engineer's report on Sewer District No. 355, Project No. 4242: Document No. 6309 - Report.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this report be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SEWER DISTRICT NO. 355, PROJECT NO. 4242

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Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6310 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Carried 12 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR UTILITIES
IN SUN LAND WEST FIRST ADDITION, PROJECT NOS.
4228, 4229 AND 4230

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4228, sanitary sewer for Sun Land West First Addition, Project No. 4229, watermain for Sun Land West First Addition, and Project No. 4230, storm sewer for Sun Land West First Addition, and recommended that we approve plans and specifications, contingent upon engineer's comments and submission of master plan.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE ENGINEER TO PROCEED WITH PLANS AND
SPECIFICATIONS FOR FLOOD MITIGATION PROJECTS

Committee No. 3, Public Service, reported having considered the matter of authorizing engineering department to prepare plans and specifications for flood hazard mitigation projects, and recommended that we authorize city engineer to proceed with plans and specifications on these projects, with City's share from 1989 flood control budget.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AWARD CONTRACT FOR PAVING PROJECT NO. 4098

Committee No. 3, Public Service, reported having considered bids for Project No. 4098, paving of South 50th Street (Industrial Park), and recommended that we approve award to low bidder, Nodak Contracting, in the amount of $48,897.00.

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, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

APPROVE EASEMENTS FOR PROJECT NO. 4169

Committee No. 3, Public Service, reported having considered the matter of the temporary construction easement and forcemain easement for Sanitary Sewer Forcemain Project No. 4169, located at South 48th Street extended between 17th Avenue South and 32nd Avenue South, for and in consideration of the sum of $1,770.00, plus $5,000.00 surety funds to be placed in escrow and refundable upon receipt of letter of approval from Lois I. Maier, grantor, following project completion (forcemain easement. $450, temporary easement $720, legal fees and misc., $600, and surety funds, $5,000.00); and recommended that we approve the easement and authorize proper City officials to sign said easements.

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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, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4081

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1, Paving Project No. 4081, paving on 27th Avenue South and South 21st Street, in the amount of $24,860.50, and recommended that we approve the change order.

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, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE REQUEST FROM NEW FLYER INDUSTRIES
FOR LANDLORD/MORTGAGEE WAIVER

Committee No. 3, Public Service, reported having considered the request from New Flyer Industries for landlord/mortgagee waiver, and recommended to the mayor and council as favoring the agreement and that it be signed when appropriate.

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

It was moved by Council Member Beyer and seconded by Council Member Klave that the motion be amended to confirm the mayor's execution of the document. Carried 12 votes affirmative.

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

REFER MATTER OF BIDS FOR SEWER PROJECT NO.
3821, RICHARD'S WEST STORM SEWER, BACK TO
COMMITTEE WITH POWER TO ACT

Committee No. 3, Public Service, reported having considered the matter of funding for Sewer Project No. 3821, Richard's West storm sewer, and recommended to refer back to Public Service with power to act on the award of the project.

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

Council Member Hagness stated that the committee was asking that this go back for further discussion because of questions relative to amount of bid, which came in over the engineer's estimate, the uncertainty of funding from EDA (grant), and possibility of re-bidding the project.

After further discussion and upon call for the question, the motion carried 12 votes affirmative.

APPROVE EXTENSION OF PAYMENT SCHEDULE ON
GROWTH FUND LOAN TO INNOVATIVE PRODUCTS, INC.
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Committee No. 4, Urban Development, reported having considered the matter of Growth Fund loan to Innovative Products, Inc. (Jim Steinke), and recommended to extend payment schedule through July 1, 1995 with interest to accrue as stated.

It was moved by Council Member Glassheim and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCE TO AMEND ECONOMIC
DEVELOPMENT BUDGET

Committee No. 4, Urban Development, reported having considered the matter of transfer of funds for ARC Laboratories Growth Fund loan, and recommended that we increase Economic Development line item 470.0040 by $25,000 from surplus sales tax.

It was moved by Council Member Glassheim and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

TABLE MATTER OF SELECTION OF SOCIAL DETOX
SERVICE PROVIDER

Committee No. 4, Urban Development, reported having considered the matter of social detox service provider recommendations, and recommended approval of the recommendation from the special committee to select Centre, Inc. as detox service provider, contingent upon successful negotiation of a contract.

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

Happy Waters Cadron, 401 South 6th Street, Apartment #2, reported that she had attended meetings of the Detox Center Committee, that she had read the two bid proposals and stated two major concerns she had: 1) financial end of it, and 2) health and safety of clients and staff; that proposal from Northwest less costly, very concise and explicit; that Centre proposal would leave City to pay hikes, etc. She also stated she had concerns with training, that Northwest has very stringent criteria; and urged that before voting, the council consider Centre's track record; and that with whatever facility they choose to consider whether they will train staff appropriately to meet needs of both clients and staff's health and safety.

Thomas Lax, 1116 2nd Avenue North, stated that this is a social area traditionally handled by County, and should have been handled, funded and programmed through County Social Services; and also stated his concern over the fact that Centre, Inc. chosen over Northwest, as proposal by Northwest was far the best, and would advise council to read proposals before voting.

Council Member Glassheim reported that the committee, including himself, Gwen Crawford (former council member), and Russ Warner of United Recovery, reviewed proposals and interviewed the two service providers, and were impressed with Centre, Inc., with their track-record in Fargo for the past two plus years, with their management, proposal better written and covered training that was going to happen, covered agreements with hospitals, impressed with their understanding of alcoholism, that clients supervised by licensed addiction counselor in the State of North Dakota. He stated that Mr. Warner thoroughly
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questioned both applicants, and they had no question about which was superior. He stated that after reading proposals, after visiting facility in Fargo, and after interviewing applicants, and that they are asking council to approve committee's recommendation of Centre, Inc. as service deliverer contingent upon working out of the final contract documents which would also include
negotiation of price, and service, as well as methods of supervision and reporting to the City so that we are aware of what's going on in their tenure.
It was noted that this would be for a term of one year. He stated that the contract would come back to council before final approval, and that they are asking council to concur with the selection of Centre, Inc. and authorize the committee of three to work out with Mr. Swanson's review, the final legal document which would then come back to council for final approval.

Pinky Cadron, 401 South 5th Street, #2, asked council not to award to Centre, Inc.; he stated that their interests are at an administrative level and not convinced that they care about the "drunk", that he reviewed proposals.

Council Member Hagness questioned whether council members had received copies of the proposals, and also questioned location of facility, obligation of potential funding, City's liability, future medical care, etc. and if this is County social issue, rather than a City issue.

Council Member Glassheim stated that copies of the proposals would be made available to council members before the final contract is signed; he stated that he understands it will cost about $90,000 to $100,000 for operating per year, and at this point not approving a penney of expenditure, that provider would not be employed until there is a facility, and there will not be a facility until it comes through council, that there are one or two priority places being examined and that the contract for the architectural firm is still being looked at. He also stated that it is estimated that a building could cost anywhere from $75,000 to $150,000; one time expenditure of $75,000 to $150,000 and an annual expenditure of around $100,000. He also reported that there have been many discussions re. appropriate source of funding and the appropriate deliverer of services; that it was his understanding that City was put in a position that the County did not choose to participate at this point in the funding, and that is not to say that they might not participate in the future and that it is not to say that we would not ask them. He stated that the question that was presented to the committee was, with the ending of the Mission will we move ahead because we choose to do so, he stated that we could choose to do nothing and then anticipate what our legal liability is, or wait until the winter and see what happens, but already it's been a much longer interval between closing of the Mission, which gave 6 weeks to 2 months notice, and any possible start up. He also stated there were number of proposals made of who might fund, i.e., liquor dealers, Hospital, each proposed that someone else might do it. We have put ourselves in a position of saying that the City will move ahead for a number of reasons: 1) humanitarian and religious reasons and take care of those in need; 2) other reasons, incl., legal liability if we do nothing, if we attempt to arrest people who are inebriated or homeless, etc. He stated there are other problems with store owners in downtown area, on riverbank area, etc. He stated that choice now open to the council, and that if council doesn't want to be committed, find out now.

John O'Leary, Community Development, reported that service provider should be in place prior to finalizing plans for the facility, that the layout of the facility, the development of the program have to be a team effort, that the service provider needs to be involved in how facility designed and structured.

It was moved by Council Member Hamerlik and seconded by Council Member Babinchak to table to the next meeting. Carried 12 votes affirmative.

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COMMUNICATIONS FROM THE MAYOR

Mayor Polovitz related to council his experience of spending a day in a wheelchair, that there are 200 people in city in wheelchairs, and that he understands some of the frustrations of being in a wheelchair, inability to
go from place to place, weight of chair, etc. and that after spending day in a wheelchair very appreciative of ability of not having to be in a wheelchair.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 259, dated July 31, 1994 and totaling $953,448.94, was presented and read.

It was moved by Council Member Sande and seconded by Council Member Beyer that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION

Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council: Paving Project No. 4116, District No. 520; Paving Project No. 4129, District No. 525; Watermain Replacement Project No. 4164.04; Watermain Replacement Project No. 4164.05; and Sewer Project No. 4206, District No. 347.

It was moved by Council Member Hoeppner and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ESTABLISH MOSQUITO AD HOC COMMITTEE

It was suggested that Council Member Beyer that an ad hoc committee be formed to study matter of mosquito problem, spraying, etc. Council Member Beyer then moved that such a committee be established, Council Member Hoeppner seconded the motion. Carried 12 votes affirmative.

APPROVE CHANGE ORDER FOR PROJECT NO. 4117,
PUBLIC WORKS FACILITY RENOVATION

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1 to general construction contract with Innes Construction for City Project No. 4117, public works facility renovation, relating to corrective action necessary for unstable soils in storage yard area, and recommended approval of Change Order No. 1, with payment to be made on a unit price basis, with total cost not to exceed $42,260.00.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPLICATION BY PRO MARK ONE MARKING
SERVICES, INC. FOR GROWTH FUND LOAN; AND
INTRODUCE ORDINANCE TO AMEND BUDGET

Committee No. 4, Urban Development, reported having considered the matter of
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application by Pro Mark One Marketing Services, Inc. for Growth Fund loan, and recommended to approve request from Pro Mark up to a maximum of $485,600 to be paid out in the following manner: $45,600 to subsidize PACE loan out of this year's budget with $88,000 per year to be paid out in years 1 to 5 as jobs are created.

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

Council Member Glassheim stated that this is a tele-marketing company and City is granting a loan for a PACE buy-down, however, he had some concerns with terms re. deduction of funds for creation of jobs. Council Member Glassheim then moved to amend the motion to read that for every 10 cents per hour below an average of $7.50 per hour per employee, deduct $10.00 per employee for the year from the City's obligation ($7.50 would be $400.00 per employee, $7.00 an hour would be $350 per employee that the City would be obliged for). Council Member McCabe seconded the motion.

Dick Olson, Grand Forks Development Foundation, spoke in favor of the motion, to grant the Growth Fund loan.

After some discussion it was moved by Council Member Beyer and seconded by Council Member McCabe to call for the question. Carried 12 votes affirmative.

Upon call for the question on the amendment and upon voice vote, Mayor Polovitz declared the amendment defeated.

Upon call for the question on the original motion, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Hagness - 11; voting "nay": Council Member Glassheim - 1. Mayor Polovitz declared the motion carried.

Committee No. 4, Urban Development, reported having considered the matter of transfer of funds, and recommended to amend the budget to transfer $45,600 from excess sales tax to Growth Fund.

It was moved by Council Member Hanson and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

ADJOURN

It was moved by Council Member Sande and seconded by Council Member Babinchak that we do now adjourn until Monday, August 15, 1994 at 7:30 o'clock p.m. Carried 12 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Michael Polovitz, Mayor