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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, September 19, 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, September 19, 1994 at the hour of 7:30 o'clock p.m. with President Hagness presiding. Present at roll call were Council Members Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Geller, Johnson, Hagness - 10; absent: Council Members Beach, Sande, Beyer - 3.

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

COUNCIL MEMBER McCABE REPORTED PRESENT

President Hagness announced that several awards were presented to local City officials at the League of Cities meeting in Minot this past weekend: Mayor Polovitz was named North Dakota elected official of the year by the North Dakota League of Cities; and John Schmisek, city auditor, was named finance officer of the year for 1994 by the Municipal Finance Officers Association of North Dakota.

HOLD PUBLIC HEARING, AND REFER MATTER OF
AMENDMENT TO LAND DEVELOPMENT CODE RE.
CONDITIONAL USES AND SPECIAL CONDITIONS,
AND STRUCTURES OF HISTORICAL SIGNIFICANCE
BACK TO PLANNING AND ZONING COMMISSION

An ordinance entitled "An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0208(3) relating to conditional uses and (11) special conditions", which had been introduced and passed on its first reading on August 15, 1994, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter.

Janet Hanson, 3603 12th Avenue North, stated that disposing of anything in our society today requires a good deal of caution and careful consideration, that in the case of buildings need to carefully consider if, how or when they should be disposed of; however, it is difficult for her to comprehend how you can pay true homage to the history of a building if you take away the purpose for which that building designed. She stated she was here to address only those historical buildings which would involve children, in other words schools. She stated that the ordinance covers four areas, and all four areas are excellent, but there is one area not addressed, and asked that they bring the ordinance back to Planning and Zoning to address that area: that if a property to be considered was a public property, ie., school, to make sure that at least six months or one year notice to the public be given, then churches, schools or any type of group who wanted to purchase the building could have an opportunity to purchase, as it takes time for Boards to meet and determine their finances.

Bob Bushfield, city planning director, stated he would be happy to take back to the Planning Commission to consider Mrs. Hanson's request.
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President Hagness closed the public hearing.

The Planning and Zoning Commission reported having considered the matter of the request from the Planning Department for final approval of the ordinance to amend the text of the Land Development Code, Article 2, Zoning Regulations, Section 18-0208, R-1 Single Family Residence District, subsection (3) conditional uses (D) structures of historical significance, and recommended final approval and passage of the ordinance amending the text of the Land Development Code.

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

It was then moved by Council Member McCabe and seconded by Council Member Hanson to table the matter and refer back to the planning and zoning commission. Carried 11 votes affirmative.

ADOPT ORDINANCE NO. 3451, AMENDING ZONING MAP
TO INCLUDE WITHIN MIGHTY ACRES FIRST PUD, CONCEPT
DEVELOPMENT PLAN, MIGHTY ACRES FIRST 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 A-1 (Limited Development) District and to include within Mighty Acres First PUD (Planned Unit Development), Concept Development Plan, Mighty Acres First Addition (formerly referred to as Summer Fallow First Addition)", which had been introduced and passed on its first reading on August 15, 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.

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

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Crary Homes and Johnson Farms for final approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) District and to include within Mighty Acres PUD (Planned Unit Development) Concept Development Plan, Mighty Acres First Addition (formerly referred to as Summer Fallow First Addition), (located south of 47th Avenue South between Chestnut Street and Cherry Street), 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.

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

There was some discussion relative to the width requirements of Chestnut Street from 47th Avenue South south, and it was moved by Council Member Geller and seconded by Council Member Hoeppner to amend the special conditions to remove any width requirements.

Mr. Bushfield asked council to make the amendment when they consider agenda item 7-15, requesting final approval of Mighty Acres First PUD, Detailed Development Plan, Single Family.

Council Members Geller and Hoeppner withdrew their motion.

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Upon call for the question on the motion for approval of the Planning and Zoning Commission report, and upon voice vote, the motion carried 11 votes affirmative.

Upon call for the question of adoption of the ordinance, and upon roll call vote, the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 3452,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
AUDITOR'S SUBDIVISION NO. 26

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 Auditor's Subdivision No. 26, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 15, 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.

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

The City Planning and Zoning Commission reported having considered the matter of the request from the city engineering department on behalf of Birkholz, Camrud and Danks, for final approval of Auditor's Subdivision No. 26, County of Grand Forks, ND, being a part of Grand Forks Township, Section 17, NW Quarter, NW Quarter, and Section 18, Northeast Quarter, Northeast Quarter (located south of 17th Avenue South between South 35th Street and I-29), 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 Babinchak and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Upon call for the question of adoption of the ordinance, and upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the ordinance adopted.

ADOPT ORDINANCE NO. 3453, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (SANITATION DEPARTMENT)

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

Upon call for the question of adoption of the ordinance, and upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the ordinance adopted.
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ADOPT ORDINANCE NO. 3454, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (PERSONNEL DEPARTMENT)

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

Upon call for the question of adoption of the ordinance, and upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the ordinance adopted.

ADOPT ORDINANCE NO. 3455, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994 (ECONOMIC DEVELOPMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Economic Development), which had been introduced and passed on its first reading on August 1, 1994, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of the ordinance, and upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the ordinance adopted.

HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY OF
PROTEST, AND DIRECT THAT RESOLUTION OF ANNEXATION
OF A PORTION OF GRAND FORKS TOWNSHIP, SECTION 8, NW
QUARTER SW QUARTER BE FILED AND ANNEXATION ACCOMPLISHED

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed August 15, 1994, annexing a portion of Grand Forks Township (T151N R50W), Section 8, NW Quarter of SW Quarter, more specifically described as follows: the northerly 208.75 feet of the westerly 444.6 feet of said Northwest Quarter of the Southwest Quarter, said parcel including 33 feet of public rights of way west of and contiguous thereto , containing 2.29 acres more or less, and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on August 19 and 26, 1994. The city auditor further reported that no written protests had been filed with his office.

President Hagness 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 Geller and seconded by Council Member Babinchak that a finding of insufficiency of protest to the annexation be entered. Carried 11 votes affirmative.

It was moved by Council Member McCabe and seconded by Council Member Klave that the city auditor be and is hereby directed to file with the Grand Forks County register of Deeds the Resolution of Annexation, with appropriate map, as was passed on August 15, 1994. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, hamerlik, hanson, Glassheim, Carpenter, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none.
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President Hagness declared the motion carried and the annexation accomplished.

ADOPT RESOLUTION VACATING NORTH 43RD STREET
AND 1ST AVENUE NORTH AS PLATTED AND DEDICATED
ON THE PLAT OF BURLINGTON NORTHERN INDUSTRIAL
PARK SUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of North 43rd Street and all of 1st Avenue North as platted and dedicated on the plat of Burlington Northern Industrial Park Resubdivision to the city of Grand Forks, North Dakota, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with his office.

President Hagness 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 Hanson and seconded by Council Member Glassheim that we do hereby find and determine an insufficiency of protest on the request for vacation, and further that the resolution be subject to an easement for existing gas facilities and existing electric overhead and underground facilities until such time as the facilities are removed, relocated, and/or abandoned, and further subject to an agreement with the University of North Dakota to add a gate valve on the existing waterline near the south line of University Avenue at no expense to the city. Carried 11 votes affirmative.

Council Member McCabe introduced the following resolution which was presented and read: Document No. 6344 - Resolution.

It was moved by Council Member McCabe and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 11 votes affirmative.

ADOPT RESOLUTION VACATING TRIANGULAR PORTION
OF NORTH END OF NORTH 7TH STREET LYING BETWEEN
SKIDMORE ADDITION, BLOCK 4, LOT 2, AND VACATED
BLOCK 5, LOT 1

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a triangular portion of the north end of North 7th Street lying between Skidmore Addition, Block 4, Lot 2 and vacated Block 5, Lot 1, to the city of Grand Forks, more particularly described as follows: a tract of land located in the SE Quarter of Section 33, Township 152 North, Range 50 West in Grand Forks County North Dakota, said tract is located east and adjacent to Lot 1, Block 5 of Skidmore Addition, lying west of the Minnkota Power Cooperative, Inc. spur tract, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with his office.

President Hagness 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 Hoeppner and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest on the request for vacation. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 6345 - Resolution.

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It was moved by Council Member Klave and seconded by Council Member McCabe that this resolution be and is hereby adopted. Carried 11 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

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

Finance and Public Safety Committee:
1) job description for deputy fire chief.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of August 31, 1994, was presented and read. It was moved by Council Member Hanson and seconded by Council Member Hoeppner that this report be and is hereby received and filed. Carried 11 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-16, dated September 19, 1994, and totaling $2,002,861.52, 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 McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried and the bills ordered paid.

GROWTH FUND REPORT

The city auditor reported that the Sixth Annual Report of the Growth Fund, 1993, had been distributed to the council members for their review and information.

ADOPT FINAL BUDGET FOR 1995

The city auditor reported that a notice calling the attention of the general public to the fact that the final budget of the City of Grand Forks, North Dakota, for the year ending December 31, 1995 would be presented to the city council on Monday, September 19, 1994 at 7:30 o'clock p.m., at which time anyone interested might be heard, had been published as required; and presented the final budget of the City of Grand Forks for the period ending December 31, 1995.

President Hagness asked for comments from the audience. There were none.

It was moved by Council Member Carpenter and seconded by Council Member Glassheim that the budget be approved as presented, and introduce the following resolution adopting the budget: Document No. 6346 - Resolution.

Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried and the budget adopted.

It was moved by Council Member Geller and seconded by Council Member Hanson to refer setting of license fees to the proper committees. Carried 11 votes
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affirmative.

INTRODUCE ORDINANCE AMENDING ADMINISTRATIVE
REGULATION NO. 1, FISCAL PROCEDURE, AND DIRECT
THAT POLICY BE CREATED TO REPORT TO COUNCIL ANY
TRANSFERS TO OR FROM WAGES AND SALARIES TO ANY OTHER CATEGORY OF THE BUDGET

Committee No. 1, Finance, reported having considered the matter of changing ordinance re. transfers from wages/salary to other areas of the budget, and recommended to remove language from the ordinance dealing with council control over budget transfers, but retaining language that no transfer shall be made from any debt retirement fund.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Geller introduced an ordinance entitled "An ordinance amending Administrative Regulation No. 1 - Fiscal Procedure", which was presented, read and passed on its first reading.

Committee No. 1, Finance, reported having considered the matter of changing ordinance re. transfers from wages/salary to other areas of the budget, and recommended that there be a policy created that we require the finance department to report to council members any transfers to or from Wages & Salaries and any other category of the budget.

It was moved by Council McCabe and seconded by Council Members Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

INTRODUCE ORDINANCES AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR CALENDAR
YEAR 1994

Committee No. 1, Finance, reported having considered budget amendment in MIS department in the amount of $210.00 (from cash carry-over to maintenance, general equipment), and recommended to approve the request for budget amendment and to introduce an ordinance for first reading. It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.
Council Member Geller introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (MIS department), which was presented, read and passed on its first reading.

Committee No. 1, Finance, reported having considered the matter of budget amendment for Emergency Management department in the amount of $17,812.00 (FEMA grant), and recommended to approve request for budget amendment and to introduce ordinance for first reading. It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

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

Committee No. 1, Finance, reported having considered the matter of budget amendment for Emergency Management department in the amount of $1,105.00 for purchase of FAX machine, and recommended to approve request for budget
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amendment and to introduce ordinance for first reading. It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

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

Committee No. 1, Finance, reported having considered the matter of budget amendment for Community Relations Officer in the amount of $2,655.00, cash carry-over, and recommended to approve request for budget amendment and to introduce ordinance for first reading. It was moved by Council Member McCabe and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

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

A request for budget amendment for Fire Department in the amount of $6,000.00, 1993 cash carry-over to Wages and Salary, Permanent, was presented and read. It was moved by Council Member McCabe and seconded by Council Member Babinchak that this budget amendment be and is hereby approved. Carried 11 votes affirmative.

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

REFER MATTER OF JOB DESCRIPTION FOR CITY
ENGINEER/PUBLIC WORKS DIRECTOR POSITION BACK
TO COMMITTEE

Committee No. 1, Finance, reported having considered the matter of public works/city engineer position, and recommended to create the combined position of city engineer/public works director and to adopt job description as presented. (It was noted that the public service committee had considered the matter and recommended to the finance committee creation of a new job description for city engineer and director of public works.)

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

Council Member Hamerlik stated that he would like to review job descriptions for that position. It was noted that the finance committee has been charged with obligation of review and recommendation on all job descriptions for sake of uniformity.

Council Members Carpenter and Geller asked that this matter be referred back to the finance committee; and Council Members Hamerlik and Klave asked that this matter be referred back to the public service committee.

President Hagness referred the matter back to the finance and public service committee for further review and consideration.

APPROVE JOB DESCRIPTION FOR PERSONNEL
TECHNICIAN

Committee No. 1, Finance, reported having considered the matter of job description for personnel technician, and recommended to approve the revised
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job description.

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

Council Member Carpenter spoke against the motion, that this is change in the experience requirement that will result in change in grade level, that there is no change in duties, and recommended to reject the change in job description. Jay Graba, personnel officer, spoke in favor of the change in description.

After further discussion and upon call for the question, the motion carried 9 votes affirmative; Council Members Carpenter and Glassheim voting no.

GRANT EXTENSION OF LEAVE OF ABSENCE
WITHOUT PAY AND PARTIAL PAYMENT OF HEALTH
INSURANCE COVERAGE FOR ROBERT CORBETT THROUGH
JUNE 30, 1995

Committee No. 1, Finance, reported having considered the matter of payment of partial hospitalization for Robert Corbett, and recommended to grant extension of leave of absence without pay and payment of health insurance coverage through June 30, 1995 at 50% of the premium.

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

After some discussion and upon call for the question, and upon roll call vote, the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. President Hagness declared the motion carried.

APPROVE GRANT AGREEMENT WITH ND STATE
DEPARTMENT OF HEALTH FOR TOBACCO CONTROL
AND EDUCATION GRANT

Committee No. 2, Public Safety, reported having considered the matter of agreement with ND State Department of Health and Consolidated Laboratories re. tobacco control and eduction grant, and recommended to approve the grant agreement.

It was moved by Council Member Johnson and seconded by Council Hoeppner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

DECLARE DRUG SEIZURE VEHICLE AS SURPLUS
PROPERTY AND AUTHORIZE SALE

Committee No. 2, Public Safety, reported having considered the matter of sale of drug seizure vehicle, 1987 Honda, and recommended that we declare this property as surplus, authorize sale either by private or public sale, with proceeds of the same to be committed back to the Task Force.

It was moved by Council Member Johnson and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE REMOVAL OF PARKING AT INTERSECTION
OF 22ND AVENUE SOUTH AND CHERRY STREET

Committee No. 2, Public Safety, reported having considered the matter of traffic problem at intersection of 22nd Avenue South and Cherry Street, and
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recommended to install no-parking signs 120 feet on each side of the crosswalk.

It was moved by Council Member Johnson and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE SNOWMOBILE ROUTE

Committee No. 2, Public Safety, reported having considered the matter of snowmobile route (sunset clause), and recommended that we approve the same trail as used last year, with the addition of trail along DeMers west of 42nd Street to the city limits.

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

Howard Swanson, city attorney, advised council that the ordinance requires that the route map be approved annually.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative.

COUNCIL MEMBER JOHNSON EXCUSED

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACTS, SEWER PROJECT NO. 3821,
DISTRICT NO. 334

The city auditor presented and read tabulation of bids which had been received and opened September 12, 1994 for Sewer Project N. 3821, District No. 334, storm sewer and lift station in Richard's West Subdivision, indicating that ICS, Inc. was low bidder on Schedule A General based upon their bid in the amount of $256,940.00, that Rick Electric, Inc. was low bidder on Schedule A Electrical in the amount of $102,300.00, and that Molstad Excavating, Inc. was low bidder on Schedule B in the amount of $775,824.00: Document No. 6347 - Bid Tabulation.

The city engineer's estimates of total cost on Sewer Project No. 3821, District No. 334, in the amounts of $ , $ , and $ respectively, were presented and read.

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 (storm water pumping station): General contract, ICS in the amount of $256,940.00; Electrical contract, Rick Electric, $102,300; Schedule B (forcemain, storm and sanitary sewer, connection of pumping station with electrical and concrete work): Molstad Excavating, Inc., $775,824.00.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Council Member Hamerlik introduced the following resolutions which were presented and read: Document Nos. 6348, 3649 and 6350 - Resolutions.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that these resolutions awarding the contracts for Sewer Project No. 3821, District No. 334, to ICS, Inc., Rick Electric, and to Molstad Excavating, Inc. be and are hereby adopted. Upon roll call the following voted "aye": Council
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Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Geller, Hagness - 10; voting "nay": none. President Hagness declared the resolutions adopted and the contracts awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, SEWER PROJECT NO. 4242,
DISTRICT NO. 355

The city auditor presented and read tabulation of bids which had been received and opened on September 12, 1994 for Sewer Project No. 4242, District No. 355, sanitary sewer on North 51st Street, indicating that Molstad Excavating, Inc. was the low bidder based upon their bid in the amount of $69,430.00: Document No. 6351 - Bid Tabulation.

The city engineer's estimate of total cost of Sewer Project No. 4242, District Nos. 334, in the amount of $89,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for Project No. 4242, District No. 355, sanitary sewer on North 51st Street, and recommended to accept the low bid and award contract to Molstad Excavating, Inc. in the amount of $69,430.00.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6352 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution awarding the contract for Sewer Project No. 4242, District No. 355, to Molstad Excavating, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Geller, Hagness - 10; voting "nay": none. President Hagness declared the resolution adopted and the contract awarded.

APPROVE SIDEWALK LIST NO. 2

Committee No. 3, Public Service, reported having considered the matter of sidewalks in Kuster Fourth Resubdivision, and recommended to include on the sidewalk list installation of temporary asphalt sidewalks on 17th Avenue South from Lynwood Circle to the end of the temporary street, and install permanent sidewalks from that point to South 34th Street.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Committee No. 3, Public Service, reported having considered the matter of curb replacement for 1112 to 1222 South 12th Street, and recommended to include curb and gutter replacement on Sidewalk List No.2, and to approve said sidewalk list.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4223, DRAINAGE STRUCTURE AT NORTH 55TH
STREET AND 27TH AVENUE NORTH
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Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4223, drainage structure at North 55th and 27th Avenue North, and recommended to approve plans and specifications and to authorize call for bids.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4248, FLOOD HAZARD MITIGATION PROJECT AT
RED DOT PLACE AND ALPHA AVENUE

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4248, flood hazard mitigation project at intersection of Red Dot Place and Alpha Avenue, replacement of corrugated metal pipe and flapgate, and recommended to approve plans and specifications for replacement of pipe and flapgate at Red Dot Place and Alpha Avenue, and to authorize call for bids.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 10 votes affirmative.

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

A request to amend the budget for the street department to include 1993 cash carryover in the amount of $5,410.00 was presented and read. It was moved by Council Member Hamerlik and seconded by Council Member Klave that this budget amendment be and is hereby approved. Carried 10 votes affirmative.

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

ESTABLISH POLICY GIVING PRIORITY TO
SPECIFIC AGENCIES FOR CDBG FUNDING

Committee No. 4, Urban Development, reported having considered the matter of consolidating of Human Needs and Community Development Block Grant funding cycles, and recommended to establish policy giving priority for CDBG funding to the three agencies indicated: Adult Abuse, Listen, Inc., and the Grand Forks Mission, with the understanding that the City has the ability to alter that at some future time, and subject to the satisfaction of HUD regulations.

It was moved by Council Member Hanson and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

COUNCIL MEMBER JOHNSON REPORTED BACK
COUNCIL MEMBER GELLER EXCUSED

APPROVE MINOR SUBDIVISION IN KORYNTA-LEMM
3RD RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Lovilla and Brad Norden for preliminary administrative (fast track) review and final approval of a minor subdivision in Korynta-Lemm 3rd Resubdivision, being a replat of Block A, Lots A, B and C of a Replat of Lots 1 and 2 of Block A (of the Replat of Block 7,
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and Lots 1 and 3 of the Replat of Blocks 8 and 9), Korynta-Lemm Subdivision (and including two previously unplatted tracts of vacated alley) (located in the northeast corner of Gateway Drive and North 51st Street), 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 Hanson that this recommendation be and is hereby approved. Carried 10 votes affirmative.

GRANT FINAL APPROVAL OF MINOR SUBDIVISION
IN WESTWARD ACRES SUBDIVISION, INCLUDING
VARIANCE IN MINIMUM LOT FRONTAGE OF SUBDIVISION
REGULATIONS

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Randy and Michelle Chwiazkowski for preliminary administrative review (fast track) and final approval for a minor subdivision, being a Replat of Lot 19, Block 10, Westward Acres Subdivision, Grand Forks, ND (located at 819 South 25th Street), including a variance in the minimum lot frontage of the subdivision regulations, 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 Hanson that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE TAX INCREMENT AREA IN AUDITOR'S
RESUBDIVISION NO. 17, BLOCK 2, LOT 4

The City Planning and Zoning Commission reported having considered the matter of referral from city council for approval of St. Anne's Development Project Area and Property Tax Exemption in Auditor's Resubdivision No. 17 of the city of Grand Forks, ND, Block 2, Lot 4 (located in the 800 block of Lewis Boulevard), and recommended that the area be determined to be an area of slum and blight, that the development or redevelopment be in the best interests of the public economy, health, safety and welfare, that the redevelopment, as proposed on the site plan, is consistent with the proposed urban renewal project development as well as the City's comprehensive plan and approve the tax increment areas as defined; and further that it is subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Glassheim and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE HAAKE PUD, AMENDMENT NO. 1, DETAILED
DEVELOPMENT PLAN, ARBY'S RESTAURANT, BLAIR-
SATROM-BAUKOL SECOND ADDITION, BLOCK 2, LOT A

The City Planning and Zoning Commission reported having considered the matter of the request from Dakota Financial and Development, inc. on behalf of Carisch, Inc. for preliminary administrative review (fast track) and final approval of Haake PUD (Planned Unit Development) District, (Amendment No. 1), Detailed Development Plan, Arby's Restaurant, Blair-Satrom-Baukol Second Addition, Block 2, Lot A (located in the southeast corner of 14th Avenue South and South Columbia Road), and recommended final approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Glassheim and seconded by Council Member Hanson 13730
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that this recommendation be and is hereby approved. Carried 10 votes affirmative.

GRANT APPROVAL OF MINOR SUBDIVISION IN SUN-BEAM
ADDITION, BEING A REPLAT OF BLOCK H, LOT 2 OF
THE REPLAT OF BLOCK 13

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Bjerk and Thompson, for preliminary administrative review (fast track) and final approval of a minor subdivision in Sun-Beam Addition, Grand Forks, ND, being a Replat of Block H, Lot 2 of the Replat of Block 13 (located in the northeast corner of Belmont Road and Circle Hills Drive), 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 Hanson that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF CONCRETE, INC. ADDITION

The City Planning and Zoning Commission reported having considered the matter of the request from Webster, Foster and Weston on behalf of MNDAK Concrete, Inc. for preliminary approval of the plat of Concrete, Inc. Addition, being part of the NW 1/4 of Section 7, Township 151 North, Range 50 West, Grand Forks County North Dakota (located south of DeMers Avenue between South 48th Street and South 55th Street extended), 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 October 17, 1994.

It was moved by Council Member Glassheim and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 10 votes affirmative.

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

APPROVE PRELIMINARY PLAT, AND INTRODUCE ORDINANCE
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
R/W SHOWN AS DEDICATED ON THE PLAT OF MEDVUE ESTATES
FOURTH RESUBDIVISION, REPLAT OF BLOCK 1

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the Park District of the city of Grand Forks, ND for preliminary approval of Medvue Estates Fourth Resubdivision, Replat of Block 1 (located in the southeast corner of South 34th Street and 11th Avenue South), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the attached ordinance amending the Street and Highway Plan and to set the date of the public hearing for October 17, 1994.

It was moved by Council Member Glassheim and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 10 votes affirmative.
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Council Member Hanson introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Medvue Estates Fourth Resubdivision, Replat of Block 1, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ZONING MAP TO
INCLUDE KORYNTA-LEMM 3RD RESUBDIVISION, BLOCK
1, LOTS 3, 4 AND 5, WITHIN THE B-3 (GENERAL
BUSINESS) DISTRICT

The City Planning and Zoning Commission reported having considered the matter of the request from Brad Norden on behalf of Lovilla Norden Decicco for preliminary approval of an ordinance to amend the Zoning Map to exclude from the I-2 (Heavy Industrial) District and to include within the B-3 (Service Business) District, Block 1, Lots 3, 4 and 5, Korynta-Lemm 3rd Resubdivision, Grand Forks, ND (located in the northeast corner of Gateway Drive and North 51st Street), and recommended preliminary approval of the ordinance amending the zoning map, to introduce the ordinance and to set the date of the public hearing for October 17, 1994.

It was moved by Council Member Glassheim and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Council Member Hanson introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the I-2 (Heavy Industrial) District and to include within the B-3 (General Business) District, Korynta-Lemm 3rd Resubdivision, Block 1, Lots 3, 4 and 5, Grand Forks, North Dakota", which was presented read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF ST. ANNE'S
RESUBDIVISION, AND INTRODUCE ORDINANCE TO
AMEND STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON SAID PLAT

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Clarence Peterson for preliminary approval of St. Anne's Resubdivision, Grand Forks, North Dakota, being a Replat of Auditor's Resubdivision No. 17 of the city of Grand Forks, Grand Forks County, North Dakota, Block 2, Lot 4, and all of Block 3 and a Replat of McCormack's Second Addition to Grand Forks, Block 41, and all that portion of vacated 9th Avenue North (formerly L'Hiver Avenue) lying adjacent thereto and (located in the southwest corner of Gateway Drive and Lewis Boulevard), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the attached ordinance amending the Street and Highway Plan and to set the date of the public hearing for October 17, 1994.

It was moved by Council Member Glassheim and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Council Member Hanson introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of St. Anne's Resubdivision, being a Replat of a portion of Auditor's Resubdivision No. 17, McCormack's Addition and McCormack's Second Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

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September 19, 1994

APPROVE PRELIMINARY PLAT OF BLAIR-SATROM-
BAUKOL SECOND ADDITION, BLOCK 2, LOT C

The City Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering and Surveying for preliminary approval of Blair-Satrom-Baukol Second Addition, Block 2, Lot C, Replat of Lots A and B (of the Replat of Lot 6, Block 2, Blair-Satrom-Baukol Second Addition, being a Replat of Block 2, Haake Second Addition) to the city of Grand Forks, North Dakota (located in the southeast corner of South Columbia road and 14th 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 Hanson that this recommendation be and is hereby approved. Carried 10 votes affirmative.

AUTHORIZE APPOINTMENT OF COMMITTEE ON IMPACT
FEE STUDY

The City Planning and Zoning Commission reported having considered the matter of impact fee study, and recommended that the mayor appoint a 5-member committee consisting of a planning commission member, city council member, park board member, and two developers with staff from the Planning Department, Park Board and the city attorney to continue working on the impact fee study report.

It was moved by Council Member Glassheim and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 10 votes affirmative.

COUNCIL MEMBER GELLER REPORTED BACK

APPROVE MIGHT ACRES PUD, DETAILED DEVELOPMENT
PLAN, SINGLE FAMILY, MIGHT ACRES 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 final approval of Mighty Acres PUD (Planned Unit Development) Detailed Development Plan, Single Family, Mighty Acres First Addition (formerly referred to as Summer Fallow First Addition) (located south of 47th Avenue South between Chestnut Street and Cherry Street), 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 Hanson that this recommendation be and is hereby approved.

It was moved by Council Member Johnson and seconded by Council Member Babinchak that the special conditions be amended to remove street width requirements. Carried 11 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative.

REFER MATTER OF PENSION BUY-BACK OPTION FOR
CITY EMPLOYEES BACK TO COMMITTEE

The Pension Committee reported having considered the matter of the pension buy-back for the seventeen (17) employees affected by the error made by Aetna from 1970 to 1980, and recommended that the seventeen (17) employees contribute 25% of the difference between Aetna and Deloitte & Touche
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September 19, 1994

calculations, and that the City absorb the remaining 75%.

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

Howard Swanson, city attorney, reported that he and the city auditor had met with the Dorsey-Whitney law firm in Minneapolis with respect to possible litigation against Aetna, that in recent communications with them, they have raised the possible tax consequence and they are asking that we take no action on this matter at this time and that we indefinitely table it pending further report from that law firm.

It was moved by Council Hamerlik and seconded by Council Member Hoeppner that this matter be referred back to the pension committee. Carried 11 votes affirmative.

ACCEPT BID FOR EMPLOYEE LIFE INSURANCE

The Pension Committee reported having considered the matter of life insurance bids, and recommended that the subcommittee review the bid applications that met the requirements that were set forth, and reject those bid applications that did not meet the requirements; and reported having considered the matter of final awarding of the life insurance bids, and recommended that National Services Group (Madison National Life) be awarded the final insurance bid, the low bid for basic term life in the amount of $12,000 with a premium of 16.5 cents per thousand, which is equivalent to the current contribution, and also that we accept the age graded option for employees supplemental coverage.

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

It was moved by Council Carpenter and seconded by Council Member Hamerlik that the motion be amended to include provision that this level of insurance be up to the $2.00 contribution (currently $1.98) and that it apply for the two-year period of the bid only. Carried 11 votes affirmative.

Council Member Hanson raised question relative to the letter from Al Hackenberg requesting he be named the agent of record and servicing agent for
Madison National Life. Mr. Swanson advised council that he had reviewed the letter and reviewed proposal by the insurance carrier, neither the bid request nor the proposal from the carrier makes any indication or reference to the designation of agent of record, that he has some concerns if council acts on that request before providing both agents opportunity to appear and present, and that his recommendation is not to designate a record agent until such time as we are required to do so. The city auditor reported that he had received a phone call late this afternoon relative to this matter from a representative of the bidding company, and that they did not want the City to designate a record of agent or servicing agent at this point in time because they would take care of the concerns of the two agents involved. Council Member Hamerlik reported that the subcommittee did not act on one or the other, but that last week they called the person who signed the bid form, and were informed that the City could designate one or the other or both.

COUNCIL MEMBER McCABE EXCUSED

Mr. Swanson stated that if the City is requested or determines that it needs to designate an agent, at that time they would provide an opportunity for both Mr. Hackenberg and to Mr. Arman to make whatever presentations or submittals they deem appropriate so both parties have an equal opportunity.

Upon call for the question of the motion, as amended, and upon roll call vote
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the following voted "aye": Council Members Hoeppner, Hamerlik Hanson, Glassheim, Carpenter, Klave, Babinchak, Geller, Johnson, Hagness - 10; voting "nay": none. President Hagness declared the motion carried.

ANNOUNCE RESIGNATION OF PERSONNEL OFFICER

President Hagness announced that Jay Graba had submitted letter to the mayor announcing his retirement effective December 30, 1994, which was accepted with regret.

COUNCIL MEMBER McCABE REPORTED BACK

SET PUBLIC HEARING DATE ON $1,744,000 RESERVE
REVENUE BONDS FOR THE PUBLIC WORKS FACILITY
PROJECT

The city auditor presented the matter of the $1,744,000 reserve revenue bonds for the public works facility, and the need to set a date for public hearing.

It was moved by Council Member Babinchak and seconded by Council Member Johnson that we set October 17, 1994 at the date of public hearing on the $1,744,000 reserve revenue bonds for the public works facility. Carried 11 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented for consideration and/or referral to committee.

1) Council Member Glassheim raised question re. condition of Gateway Drive and status of Highway 2 beautification plan. Mr. Vein reported that the council has approved plans and specifications to bid the project. Council Member Glassheim asked if they could check this, ie., areas of used car areas.
2) Council Member Glassheim asked for referral to the urban development committee of the matter of a thorough review of housing costs in Grand Forks. President Hagness referred the matter as requested.
3) The matter of correspondence from Rod Waddell concerning his father's pension benefit was presented. President Hagness referred the matter to the pension committee.

ADJOURN

It was moved by Council Member Hanson and seconded by Council Member Hoeppner that we do now adjourn. Carried 11 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Thomas M. Hagness, President of the
Council and Acting Mayor