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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, October 17, 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, October 17, 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, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; absent: Council Member Hamerlik - 1.

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

APPROVE MINUTES SEPTEMBER 6, 1994

Typewritten copies of the minutes of the regular meeting of the city council held on Tuesday, September 6, 1994 were presented and read. It was moved by Council Member Hagness and seconded by Council Member Sande that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3463, AUTHORIZING THE
INCURRING OF DEBT PAYABLE FROM HOTEL-MOTEL
TAX PROCEEDS TO FINANCE COSTS OF CAPITAL IMPROVEMENTS AND ESTABLISHING PROCEDURES

An ordinance entitled "An ordinance authorizing the incurring of debt payable from hotel-motel tax proceeds to finance the costs of capital improvements and establishing procedures therefor", which had been introduced and passed on its first reading on October 3, 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, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3464, RELATING TO LAND
DEVELOPMENT CODE, ZONING, RELATING TO CONDITIONAL
USES AND SPECIAL CONDITIONS (STRUCTURES OF
HISTORICAL SIGNIFICANCE)

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 continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Polovitz 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 she was unable to be at the Planning and Zoning meeting, but received copy of the minutes; that ordinance before council is spot-zoning, which is not an orderly method of planning a city, if it's a school it was intended to be for children, but if a building that truly has historical significance that needs to be preserved, this ordinance makes simple for developer; however, for anyone else makes it very difficult. She stated that she is asking council to have the city attorney
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research how a time element could be added to this ordinance to insure that children will also be given equal opportunity to have their needs met; that not only children but all groups should have an opportunity to purchase any building with historical significance or any building that's been paid for with taxpayers dollars. She stated that the whole idea of historic buildings being preserved, should be to preserve the character of the building, this is impossible in this ordinance because it defeats the purpose of the ordinance in that it fails to preserve a building in its historic use, so persons who can preserve that quality of a building should be given first preference and then only if that cannot be accomplished, should a developer be given the approach to go forward. She raised question re. advertisement of notice (two days) for sale of the school, and additional terms which were not fulfilled; and copies of proclamation from Governor Schaefer proclaiming a day for taxpayers, and asked council to read and study, and to have the city attorney check on the time element.

Mr. Swanson stated proposed ordinance would only apply to public entities owning property, that they have done their research and are prepared to give opinions to the council this evening. He reported that he had received proposed amendment from Mrs. Hanson with proposed language, which was reviewed and find that language in proposed amendment would be struck down as being unconstitutionally vague and ambiguous. He stated that they then assumed that the language problems could be corrected and researched what implications were of adopting an ordinance of this nature, and then reviewed to determine whether any other cities have adopted ordinances of a similar nature and did not find that any communities have adopted a similar restriction upon another political subdivision. He stated in research found case law that would indicate that a city does not have the ability to impose purchase or sale requirements in excess of that required by state law; the State of North Dakota has not had the opportunity to rule on that type of issue. He also reported that they have found case law that would support this type of argument that this would be a violation of equal protection, in that it only applies to public ownership of property, and not private ownership. He stated they have strong suspicions that a court would strike that down as being violative of equal protection clause; that he also analyzed whether or not this ordinance, if adopted, would apply to the Roosevelt School situation and questioned whether it would, as the sale transaction has already occurred; this would appear to be some type of retroactive application or impairment of contract, that is open issue of fact, not law; if the contract has been concluded, the City would not have the ability to impose this restriction on a prior sale; if not concluded, then the question is whether or not there has been a reliance either on the part of the school or on the part of the potential purchasers. He stated they also believe there is significant exposure for an argument that the School Board would have against the City for a temporary taking for the period of the time that the property could not be sold pending this additional hearing. He stated there is no law in North Dakota directly in point, however, analysis of each of those issues lead us to conclude that to pass such an amendment to the proposed ordinance would be significantly at risk. If the concern is that the ordinance in its present form is not acceptable, his advice to this body would be to defeat the ordinance in its entirety, not to attempt to pass an amendment as has been suggested.

Mayor Polovitz concluded the public hearing.

The City Planning and Zoning Commission reported having considered the matter of referral and reconsideration from the city council for final approval of an 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 approval and passage of the ordinance amending the Land
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Development Code which includes no changes from prior approval action.

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

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

POSTPONE ACTION ON FINAL PLAT AND SECOND
READING OF ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF CONCRETE, INC. ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of concrete, Inc. Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 19, 1994, and upon which public hearing was scheduled for this evening, was presented and read for consideration.

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 the auditor's office.

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

The City Planning and Zoning Commission reported having considered the matter of the request from Webster, Foster and Weston on behalf of MNDak Concrete, Inc. for final approval of the plat of Concrete, Inc. Addition, being part of the NW Quarter 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 tabling until November 7, 1994.

It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved, and the matter of the final plat and second reading of the ordinance be tabled until November 7, 1994. Carried 13 votes affirmative.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3465, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF MEDVUE ESTATES FOURTH RESUBDIVISION,
REPLAT OF BLOCK 1

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 had been introduced and passed on its first reading on September 19, 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
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further that to date no protests or grievances had been filed with the auditor's office.

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

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

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

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

ADOPT ORDINANCE NO. 3466, AMENDING THE ZONING
MAP TO INCLUDE WITHIN B-3 (GENERAL BUSINESS)
DISTRICT KORYNTA-LEMM 3RD RESUBDIVISION, BLOCK
1, LOTS 3, 4 AND 5

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 had been introduced and passed on its first reading on September 19, 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 the auditor's office.

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

The City Planning and Zoning Commission reported having considered the matter of the request from Brad Norden on behalf of Lovilla Norden Decicco for final 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 52nd Street), and recommended approval and passage of the ordinance amending the Zoning Map.

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

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

APPROVE FINAL PLAT, AND ADOPT ORDINANCE
NO. 3467, AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF ST. ANNE'S RESUBDIVISION

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 had been introduced and passed on its first reading on September 19, 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 the city auditor's office.

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

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Clarence Peterson for final approval of the plat 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan.

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

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

CONTINUE PUBLIC HEARING ON ISSUANCE OF $1,925,000
SEWER RESERVE REVENUE BONDS

The city auditor reported that a public hearing had been scheduled for this evening to consider the issuance of $1,925,000 sewer reserve revenue bonds series 1994D for the purpose of financing improvements to the public works facility, to defray the cost of said improvement, and to consider adopting a resolution authorizing the issuance of such bonds including a provision for the establishment of a reserve in an amount equal to the maximum amount of bond principal and interest to become due thereon on any full calendar year, which reserve is to be established and maintained from bond proceeds or revenues on hand and available therefore, and that if at any time a deficiency exists in the reserve, the city council may levy a tax upon all taxable
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property in the city for payment of such deficiency; and further that written protest against the issuance of such bonds must be filed in the office of the city auditor within 20 days after publication of this notice.

Howard Swanson, city attorney, reported that the notice didn't receive sufficient publication time and advised the council to continue the public hearing to the next council meeting.

It was moved by Council Member Beyer and seconded by Council Member Geller to continue the public hearing until Monday, November 7, 1994 at 7:30 o'clock p.m. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4147, DISTRICT NO. 526

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4147, Paving District No. 526, in the amount of $298,244.15, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that protest had been filed by Grant Shaft, attorney for Valley Ho Mobile Home Park, for and in their behalf.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments.

Grant Shaft, attorney, stated he was here in behalf of Valley Ho Mobile Home Park, re. paving of North Columbia Road and Bacon Road. He stated he had appeared before the Special Assessment Commission on September 27 and made number of arguments why Valley Ho feels assessments should be reduced and that he is here to appeal the decision of the Special Assessment Commission, which made a determination that they would leave the assessment as it initially stood, and that was $15,171.94: 1) assessment of Bacon Road, that the assessment for Bacon Road is spread out equally among all of the properties in the district is unfair to Valley Ho in that they couldn't find where Valley Ho Mobile Home Park benefitted in any way by paving of Bacon Road; Bacon Road not utilized for access to Valley Ho; that cost of Bacon Road should be withdrawn from the total project, split among adjacent property owners, and not be assessed to Valley Ho; 2) the second request is that in apportioning the cost to the properties, there were different multipliers that were used, and the argument that Valley Ho has is that the ND State Highway Department lot, the Valley Ho Addition and the Fairgrounds Subdivision were all used multiplier 1.5 rather than 1.0 because according to the engineering department these three parcels are significantly larger than the other parcels and therefore, should bear a higher portion of the cost, and that Valley Ho received some extraordinary benefits from the project. He stated they would ask that they not participate in Bacon Road paving, and the multiplier be reduced to 1.0.

Brian Pykko, Special Assessment Commission, and Dale Sailer, accountant, reviewed cost of the project ($298,244.15 total assessed cost). Mr. Sailer reported contract cost $274,000 plus administrative costs, advertising, interest, R/W expense, for a total cost $346,800.00, less 20% City's share
plus replatting of State Mill property ($6,244.15 assessed only to State Mill property), for total of $298,244.15. He also reported that one-half of the $292,000.00 or $146,000.00 is being paid through tapping charges). Mr. Pykko reviewed formula for assessment properties.

After considerable discussion Mayor Polovitz closed the public hearing.

It was moved by Council Member Hoeppner and seconded by Council Member Johnson
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that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SIDEWALK PROJECT NO. 4151

The city auditor presented and read the assessments as certified by the city engineer, and approval and confirmation of these assessments by the city engineer on Sidewalk Project No. 4151, in the amount of $125,109.76, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the city auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in five annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS MALL OPERATIONS
PROJECT NO. 2695.1

The city auditor presented and read the assessments as made by the city auditor and the approval and confirmation of these assessments by the auditor on Project No. 2695.1, Mall Operations, in the amount of $144,364.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the city auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in one annual installment of principal, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATER TAPPING CHARGES
(PROJECT NO. 1194.0)

The city auditor presented and read the assessments as made by the city engineer, and the approval and confirmation of these assessments by the engineer for water tapping charges (Project No. 1194), in the amount of $12,710.46, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the city auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member
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Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 13 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, DELINQUENT WATER
BILLING, PROJECT NO. 9001

The city auditor presented and read the assessments as made by the city auditor and the approval and confirmation of these assessments by the auditor on Project No. 9001, delinquent water billings, in the amount of $8,904.34, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the city auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in one annual installment of principal, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER CONNECTION
FEES, PROJECT NO. 1094.0

The city auditor presented and read the assessments as made by the city engineer and the approval and confirmation of these assessments by the engineer on Project No. 1094.0, sewer connection fees, in the amount of $43,084.59, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 13 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WEED CUTTING PROJECT
NO. 4173

The city auditor presented and read the assessments as made by the city health department and/or city engineer, and the approval and confirmation of these assessments by the supervising sanitarian and/or city engineer on Project No. 4173, weed cutting for 1994, in the amount of $4,470.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

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It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in one annual installment of principal, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT
NO. 3888, DISTRICT NO. 521

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 3888, Paving District No. 521, in the amount of $210,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4081, DISTRICT NO. 515

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4081, Paving District No. 515, in the amount of $117,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4087, DISTRICT NO. 524

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4087, Paving District No. 524, in the amount of $195,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.
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It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4116, DISTRICT NO. 520

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4116, Paving District No. 520, in the amount of $73,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4222, DISTRICT NO. 528

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4222, Paving District No. 528, in the amount of $151,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, PAVING PROJECT NO.
4129, DISTRICT NO. 525

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4129, Paving District No. 525, in the amount of $39,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 19 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, STREET IMPROVEMENT
PROJECT NO. 4227, DISTRICT NO. 84

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4227, Street Improvement District No. 84, in the amount of $35,250.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT NO.
4207, DISTRICT NO. 231

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4207, Watermain District No. 231, in the amount of $46,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, WATERMAIN PROJECT NO.
4136, DISTRICT NO. 229

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4136, Watermain District No. 2289, in the amount of $54,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.
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Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4206, DISTRICT NO. 347

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4206, Sewer District No. 347, in the amount of $23,000, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 15 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, SEWER PROJECT NO.
4216, DISTRICT NO. 350

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4216, Sewer District No. 350, in the amount of $70,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 20 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 4119, DISTRICT NO. 99

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4119, Street Lighting District No. 99, in the amount of $1,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had
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been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 4103, DISTRICT NO. 94

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4103, Street Lighting Project No. 94, in the amount of $16,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at its meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 4105, DISTRICT NO. 96

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4105, Street Lighting District No. 96, in the amount of $15,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at its meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 4107, DISTRICT NO. 98

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4107, Street Lighting District No. 98, in the amount of $2,000.00, and reported that the legal notice to the public that
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these assessments would be presented to the city council at its meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, STREET LIGHTING PROJECT
NO. 4104, DISTRICT NO. 95

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4104, Street Lighting District No. 95, in the amount of $14,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at its meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, MISCELLANEOUS IMPROVEMENT
PROJECT NO. 4080, DISTRICT NO. 9

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments by the Commission on Project No. 4080, Miscellaneous Improvement District No. 9, in the amount of $72,000.00, and reported that the legal notice to the public that these assessments would be presented to the city council at its meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 10 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

APPROVE ASSESSMENTS, BUILDING DEMOLITION
PROJECT NO. 4174

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of these assessments
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by the Commission on Building Demolition Project No. 4174, in the amount of $11,922.45, and reported that the legal notice to the public that these assessments would be presented to the city council at its meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office.

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

It was moved by Council Member Babinchak and seconded by Council Member Hagness that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefitted in 5 annual installments of principal, together with interest on the unpaid balance yearly, to be collected with other taxes by the proper authorities. Carried 13 votes affirmative.

REPORTS OF OFFICERS

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

APPROVE BILLS

Vendor Payment Listing No. 94-18, dated October 17, 1994, and totaling $1,362,951.66, 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 McCabe and seconded by Council Member Glassheim that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

SUSPEND AGENDA AND CONSIDER MATTER OF PROJECT
CONCEPT REPORT FOR 6TH AVENUE NORTH, PROJECT
NO. 4044

It was moved by Council Member Geller and seconded by Council Member Beach to suspend the order of the agenda and to consider Item No. 7-17 relating to the project concept report for 6th Avenue North, Project No. 4044. Carried 13 votes affirmative.

APPROVE PROJECT CONCEPT REPORT, PROJECT NO.
4044, 6TH AVENUE NORTH RECONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of project concept report for 6th Avenue North, Project No. 4044, and recommended that the project proceed, with Alternate #3B modified being approved alternate for intersection improvements, and that the storm sewer west of the English Coulee follow Alternate B.

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

Tom Hanson, Webster, Foster & Weston, consulting engineers, reviewed the project, which is the reconstruction of 6th Avenue North from State Street to Columbia, that the present street is in a deteriorated condition, it is a 31 ft. wide street, it's designated by the City as a collector street, the
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October 17, 1994

proposed project is to widen the street to a 37 ft. width, and the project includes some watermain replacements, right of way (Bronson property) that needs to be acquired, about a 16'-18' strip of land on the north side of the project that needs to be acquired; that the major traffic problem is associated with the alignment of 6th Avenue North and Columbia Road; that there's an off-set on 6th Avenue of about 140 ft. which makes it difficult to deal with; that at present the significant traffic movements are northbound traffic on Columbia Road turning left onto 6th Avenue North and traffic moving east on 6th Avenue turning right onto Columbia Road to go south, that the traffic on Columbia Road waiting to turn left because of short turn space available backs up into through traffic lane and high potential for rear-end accidents at that location. He stated that there were four alternatives considered for alignment of that intersection: 1) Alt #1 doing minimum - adding right turn lane on 6th Avenue North to improve flow of traffic and was not considered a solution; 2) Alt. #2 consisted of closing 6th Avenue to the east; 3) Alt. #3 modified twice, ended up with #3B and then made some modifications in August after meeting with the University; this alternate aligned the two intersections, it's only alternate where traffic signal can be justified, others don't meet warrants for traffic signal; this one because of pedestrian movements and removing of medians to allow storage of vehicles justifies the traffic control signal; 4) Alt. #4 considered moving the intersection to the north to approx. where 7th Avenue would go through. He stated there have been some concerns from residents to the east of Columbia Road about increases in traffic volumes, however, projections prepared by the city engineering department do not indicate a great increase in traffic.

Council Member Hagness raised question re. concerns raised at committee meeting: loss of parking spaces in Medical Complex and loss of trees. Mr. Hanson stated there will be 11 spaces taken out of service, but an area to south where sidewalk will be removed and all those spaces could be replaced; and that of the existing trees 88 will have to be removed, and trees will be replaced on a 2 for 1 basis as part of the project.

Council Member Hagness also stated that if the signal light was not to be installed by the State Highway Department as a part of this project, it will not continue as it is but will come back to the public service committee for further study or possibly a different alternative.

The question of whether the gravel alley behind the north parking lot which looks like an access to the north parking lot would be paved. Mr. Hanson stated that the paving of that alley is another issue that the City and the University have been working on for quite some time but didn't know status of that issue.

Council Hagness reported that Rolland Scott, Public School Safety Officer, appeared before the public service committee and his recommendation was that in the school's best interest to go ahead with this project with the signal lights at Columbia Road and 6th Avenue North. It was noted that he had stated that the benefit to both Valley and West outweighed the disadvantage of the increased traffic.

Al Hoffarth, Vice President of Operations at University of North Dakota, stated that 6th Avenue reconstruction is high priority and job that needs to be done; that they agree with the concurrence to get this roadway repaired and/or reconstructed to the point where it can safely move people from one area to the other. He stated they had difficulty on how to best solve the problem at 6th Avenue and Columbia Road where it would take care of the safety issues of the staff of Medical School and students; and looked at different options and feel need lights at that area to protect the staff, students and faculty coming to and leaving the complex. He stated they think it's a compromise on a couple issues, lose trees and lose parking, but think safety
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October 17, 1994

of staff and students main issue.

Ken Vein, city engineer, stated that with every major construction project they do in the city is going to have some adverse impact; that staff and committee have looked at various alternatives and came to conclusion that Alternate 3B best solution. He stated that there is some negative impact to the Medical Science Complex - loss of north access into complex, loss of 11 parking spaces, loss of trees; and another negative impact: increased traffic east of 6th Avenue North. He noted that engineering staff feels benefits outweigh negatives.

The following individuals appeared and spoke against the recommended Alternate 3B-Modified:

Terry Nelson, 2519 6th Avenue North, stated that 6th Avenue North has to be re-constructed, that project 80% federally funded; and expressed some concern re. effect on surrounding neighborhood, and submitted petitions from residents on 6th Avenue North from Columbia Road to 20th Street, also on 5th Avenue North, Columbia Court, Hamline street, North 25th Street; and that they think further study needs to be done; however, would endorse Alternate #4.

Karen Verke, 2602 6th Avenue North
Gordon Isminger, 2429 6th Avenue North
Sharon Rask, 521 Hamline Street
P. V. Thorson, 525 Hamline
Rudy Kuchar, 2630 5th Avenue North
Jay Smith, 1417 7th Avenue North
Richard Gray, faculty member at Medical School.

A communication from Lynn Lindholm, 316 Hamline Street, opposing the project was entered into the record.

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

RECESS FOR 5-MINUTES; AND RECONVENE

Mayor Polovitz called for a five-minute recess at 10:10 p.m. The council reconvened at 10:15 p.m. with all members present except Council Member Hagness.

SUSPEND AGENDA AND CONSIDER MATTER OF REQUEST
FROM PROMARK RE. GROWTH FUND LOAN

It was moved by Council Member Hanson and seconded by Council Member Geller to consider the matter of the request from Pro Mark for revision of payment date of Growth Fund loan. Carried 12 votes affirmative.

APPROVE REQUEST FROM PROMARK FOR REVISION
OF PAYMENT SCHEDULE

Committee No. 4, Urban Development reported having considered the matter of request from proMark to move up the date of their first Growth Fund payment to January of 1995, and recommended the request from proMark to amend the date of their first Growth Fund payment to January 1, 1995, be approved, along with revised payment schedule.

COUNCIL MEMBER HAGNESS REPORTED BACK
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October 17, 1994

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

A representative from Pro-Mark was present and thanked council for considering their request; he reported that they have been open in their facility for three weeks and production out of the facility has surpassed all other facilities and they are extremely pleased with the work force, production and quality. He stated that overall their business continues to be very good, they are continuing to grow at a very rapid pace. He reported they have spent over $3 Million in the State year to date in labor, and will probably spend over $5 Million this year with expansion; that they currently have over 650 employees in the State of North Dakota and once they get the Grand Forks facility completely up will probably be over 1000 employees; that wage rates are in excess of $8.00/hour and does not include health insurance of which they pay half, and other benefits. He stated they are very pleased with the work force and overall what's happening in the city. He stated they currently have 40 employees in Grand Forks and are in temporary space now; and anticipate 200-220 employees and will evaluate at that time, have first right of refusal on building they are in for expansion. and could easily go up to 400 employees here in the city. He stated they had come back because thought arrangements would be same as others in the State and when received documentation, saw it was not, and have come back with compromise, and puts in sync with grants from other cities in the State.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative; Council Member Sande voting no.

APPROVE CANCELLATION OF SIDEWALK ASSESSMENT
AT 1202 SOUTH 12TH STREET

Committee No. 1, Finance, reported having considered the matter of application for sidewalk assessment cancellation under CIP policy at 1202 South 12th Street, and recommended that the application be approved.

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

APPROVE APPLICATIONS FOR 3-YEAR TAX EXEMPTION

Committee No. 1, Finance, reported having considered the applications for 3-year remodeling exemptions at 2503 Chestnut Street and 924 Cherry Street, and recommended that the applications be approved.

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

INTRODUCE ORDINANCE TO ADOPT CHARTER ORDINANCE
ALLOWING ISSUANCE OF RESERVE REVENUE BONDS FOR
FOREIGN TRADE ZONE BUILDING EXPANSION

Committee No. 1, Finance, reported having considered the matter of adopting a charter ordinance allowing issuance of reserve revenue bonds for FTZ (Foreign Trade Zone) building expansion, and recommended approval 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 13 votes
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October 17, 1994

affirmative.

Council Member Hagness introduced an ordinance entitled "An ordinance


which was presented, read and passed on its first reading.

APPROVE JOB DESCRIPTION FOR CITY ENGINEER/PUBLIC
WORKS DIRECTOR POSITION

Committee No. 1, Finance, reported having considered the matter of city engineer/public works director position, and recommended to create the position and to adopt the job description.

Committee No. 3, Public Service, reported having considered the matter of city engineer/public works director position, and recommended that the position be combined, to approve the job description, and to take necessary action to fill the position.

It was moved by Council Member McCabe and seconded by Council Member Babinchak that these recommendations be and are hereby approved. Carried 13 votes affirmative.

RECEIVE AND FILE MATTER OF HIRING DIRECTOR
OF HUMAN RESOURCES BY CONTRACT

Committee No. 1, Finance, reported having considered the matter of hiring director of human resources by contract instead of under Civil Service Code, and recommended to receive and file.

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

INTRODUCE ORDINANCE TO AMEND ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(GENERAL FUND AND PARKING LOTS BUDGETS)

It was moved by Council Member McCabe and seconded by Council Member Babinchak that the request for budget amendment to transfer $91,000.00 to Parking Lots budget from 1993 Ramp Trust Account be and is hereby approved. Carried 13 votes affirmative.

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

SET PUBLIC HEARING FOR NOVEMBER 7, 1994 ON
REQUEST BY METROPLAINS DEVELOPMENT FOR
ESTABLISHMENT OF 15-YEAR TAX

Committee No. 1, Finance, reported having considered the request by MetroPlains Development for establishment of a tax exemption district for a period of fifteen years to assist in development of St. Anne's property, and recommended to call for public hearing at a date to be established in regard to the exemption district.

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

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October 17, 1994

It was then moved by Council Members Geller and Babinchak to set the public hearing as November 7, 1994. Carried 13 votes affirmative.


APPROVE 15-YEAR TAX INCREMENT EXEMPTION FOR
BURDICK'S RESUBDIVISION

Committee No. 1, Finance, reported having considered the matter of tax exemption for Burdick's Resubdivision, and recommended that we establish public hearing on the request for tax exemption for Burdick's Resubdivision.

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

After some discussion it was moved by Council Member Hoeppner and seconded by Council Member McCabe to call for cancellation of the sale of any bonds and converting the tax increment financing bond sale to a tax increment exemption for a period of 15 years. Carried 13 votes affirmative.

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

APPROVE REQUEST BY PARK DISTRICT TO HOLD
11TH ANNUAL BLACK CAT RUN/WALK ON OCTOBER 29

Committee No. 2, Public Safety, reported having considered the request by Grand Forks Park District to hold 11th Annual Black Cat Run/Walk on Saturday, October 29, 1994, and recommended to approve the request subject to signing of an indemnity and hold harmless agreement, and coordinating the event with the police department.

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

AUTHORIZE REDUCTION IN SPEED ON SOUTH 42ND
STREET AT INTERSECTION WITH DEMERS AVENUE

Committee No. 2, Public Safety, reported having considered the matter of requested changes at intersection of 42nd Street and DeMers Avenue, and recommended to reduce speed limit on South 42nd Street to 30 mph just prior to its intersection with DeMers Avenue, and to receive and file request for additional left turn phasing.

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

RECEIVE AND FILE PETITION FOR SCHOOL CROSSING
LIGHT AT CHERRY STREET AND 22ND AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the matter of petition for school crossing light at intersection of Cherry Street and 22nd Avenue South, and recommended to receive and file.

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

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October 17, 1994

APPROVE PURCHASE OF BOMB SUIT

Committee No. 2, Public Safety, reported having considered the request by the police department to purchase bomb suit jointly with University of North Dakota police, on a sole source basis, and recommended approval, contingent upon approval of the city attorney.

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

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

Committee No. 2, Public Safety, reported having considered the matter of budget amendment - fire department in the amount of $5,000 from 1993 pooled cash carryover, and recommended that the budget amendment be approved, and to introduce an ordinance amending annual appropriations bill ordinance for first reading.

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

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

COUNCIL MEMBER HANSON EXCUSED

ALLOW ENCROACHMENT AT 16 NORTH 4TH STREET,
SUBJECT TO ENTERING INTO ENCROACHMENT AGREEMENT

Committee No. 3, Public Service, reported having considered the matter of encroachment for new front entrance at 16 North 4th Street, and recommended to allow the encroachment, subject to signing of an indemnity and hold harmless agreement and entering into an encroachment agreement.

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

APPROVE AMENDMENT TO ENGINEERING AGREEMENT
FOR PROJECT NO. 3940, ENGLISH COULEE L.O.M.R.
(LETTER OF MAP REVISION)

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement for Project No. 3940, English Coulee L.O.M.R. (Letter of Map Revision), and recommended to approve the amendment in an amount not to exceed $15,646.00.

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

RECEIVE AND FILE REPORT ON SOLID WASTE
DISPOSAL STUDY
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October 17, 1994

Committee No. 3, Public Service, reported having considered the report on solid waste disposal study by Burns & McConnell, and recommended to receive and file.

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

AUTHORIZE RFP FOR ENGINEERING SERVICES RE.
SITING AND DEVELOPMENT OF SOLID WASTE
DISPOSAL FACILITY

Committee No. 3, Public Service, reported having considered the matter of request to prepare RFP for engineering services relating to siting and development of solid waste disposal facility, and recommended to proceed with calling for engineering services.

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

APPROVE CHANGE ORDERS FOR GATEWAY DRIVE AND
32ND AVENUE SOUTH PROJECTS

Committee No. 3, Public Service, reported having considered the matter of Change Order #2, Project 4002.1, Gateway Drive reconstruction, additional milling of bituminous pavement, $1,925.00, and recommended that the change order be approved.

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

Committee No. 3, Public Service, reported having considered the matter of Change Order #2, Project No. 4002.2, 47th Street reconstruction, added excavation, base course, and separation fabric, $89,692.83, and recommended that the change order be approved.

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

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 5, Project No. 4126, 32nd Avenue South paving (added items: value eng. incentive concrete aggregate, liquid asphalt, geotextile separation fabric and conduit), $5,239.80, and recommended the change order be approved.

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

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 6, Project No. 4126, 32nd Avenue South paving, tubular markers, and four modified 36" reinforced concrete end sections, $3,810.50, and recommended that the change order be approved.

It was moved by Council Member Klave and seconded by Council Member Beyer that 13771
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this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE VARIANCE TO LAND DEVELOPMENT CODE.
RE. PAINTED MURAL ON BUILDING AT 2665 24TH
AVENUE SOUTH, SUBJECT TO CONDITIONS

Committee No. 3, Public Service, reported having considered the matter of variance to Land Development Code with regards to painted mural on building at 2665 24th Avenue South, owner, Brian Larson, and recommended to grant variance for a period of five years.

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

It was moved by Council Member Beyer to amend the motion to require removal of the red logo over the words "American Family", the motion was seconded by Council Member Klave.

Upon call for the question on the amendment, and upon roll call vote, the following voted "aye": Council Members Beach, Glassheim, Sande, Klave, Beyer, Babinchak - 6; voting "nay": Council Members McCabe, Hoeppner, Carpenter, Geller, Johnson, Hagness - 6. Mayor Polovitz voted to break the tie vote, voted in favor of the amendment and declared the amendment passed.

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

APPROVE CHANGE ORDER FOR HOUSING PROJECT
IN BURDICK'S RESUBDIVISION

Committee No. 4, Urban Development, reported having considered the matter of change order request for housing project in Burdick's Resubdivision, for front and rear steps on eleven houses in the amount of $2,000, and recommended that we approve the $2,000 change order with the understanding that the steps be completed as per plans.

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

ACCEPT BIDS FOR EXPANSION OF FOREIGN TRADE
ZONE (FTZ) BUILDING

Committee No. 4, Urban Development, reported having considered the matter of bids for expansion of Foreign Trade Zone (FTZ) building, and recommended to accept the base bid of Alden Braseth, Inc. in the amount of $55,250.00 for mechanical construction, and to accept the base bid of Ron's Electric, Inc. in the amount of $99,800.00, contingent upon execution of lease with TAG.

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


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October 17, 1994

INTRODUCE ORDINANCE PROVIDING FOR THE CREATION
OF THE RIVER FORKS COMMISSION

Committee No. 4, Urban Development, reported having considered the matter of ordinance creating River Forks Commission, and recommended to call for public hearing to be held on November 7 and to introduce ordinance for first reading following the public hearing.

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

Council Member Beyer introduced an ordinance entitled "An ordinance adopting Article of the Grand Forks City Code creating the River Forks Commission", which was presented, read and passed on its first reading.

ADOPT RESOLUTION DISCLOSING POTENTIAL CONFLICTS
OF INTEREST RE. FLOOD RELIEF PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of flood relief assistance applications, and recommended adoption of the resolution disclosing potential conflicts of interest.

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

Council Member Beach asked to be excused from voting on this matter; and it was moved by Council Members Glassheim and McCabe that Council Member Beach be excused from voting. Carried 11 votes affirmative.

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

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 6363 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member McCabe that this resolution be and is hereby adopted. Carried 11 votes affirmative; Council Member Beach excused from voting.

AUTHORIZE FUNDING AND ACCEPT BIDS FOR
IMPROVEMENT OF GROUP HOME AT 415 NORTH 3RD STREET

Committee No. 4, Urban Development, reported having considered the matter of bids for group home at 415 North 3rd Street, and recommended that we allocate $15,000 from Housing Authority Rehab Account for the improvement of 415 North 3rd Street.

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

Committee No. 4, Urban Development, reported having considered the bids for rehabbing property at 415 North 3rd Street, and recommended to accept the low bids as follows: general contract, Glenn Hansen dba G.H.C. in the amount of $43,371.00; mechanical contract, Braseth Plumbing, $9,495.00; and electrical contract, Wm. Sullivan Electric, $4,051.65.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Glassheim,
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October 17, 1994

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

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

The City Planning and Zoning Commission reported having considered the matter of request from Pribula Engineering and Surveying for final approval of the Plat 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 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 McCabe that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE PRELIMINARY PLAT OF REPLAT OF
KORYNTA-LEMM SUBDIVISION, BLOCK A, LOT 4

The City Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering on behalf of Violet Theis for preliminary approval of a Replat of Korynta-Lemm Subdivision, Block A, Lot 4, of the Replat of Block 7, and Lots 1 and 3 of the Replat of Blocks 8 and 9, Korynta-Lemm Subdivision and including two previously unplatted tracts and vacated alley, Grand Forks, North Dakota (located in the southeast corner of the intersection of 17th Avenue North and North 52nd Street), 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 McCabe that this recommendation be and is hereby approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE LOT A, BLOCK A, KORYNTA-LEMM SUBDIVISION
WITHIN THE I-2 (HEAVY INDUSTRIAL) DISTRICT

The City Planning and Zoning Commission reported having considered the matter of the request from Rodney Greene on behalf of Violet M. Theis for preliminary approval of an ordinance to amend the Zoning Map to rezone and to exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District, Replat of Korynta-Lemm Subdivision, Block A, Lot A, Grand Forks, North Dakota (located in the southeast corner of the intersection of 17th Avenue North and North 52nd 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 November 7, 1994.

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

Council Member Babinchak 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 B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District, Korynta-Lemm Subdivision, Block A, Lot A, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

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October 17, 1994

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN A-D (AIRPORT) DISTRICT PORTIONS
OF RYE TOWNSHIP AND PORTIONS OF SECTIONS 21, 27,
28, 33 AND 34

The City Planning and Zoning Commission reported having considered the matter
of the request from the Grand Forks Airport Authority for preliminary approval of an ordinance to amend the Zoning Map and to exclude from the A-2 (Agricultural Reserve) District and to include within the A-D (Airport) District all that portion of Grand Forks County, North Dakota, Rye Township, Township 152 North, Range 51 West, and portions of Sections 21, 27, 28, 33, and 34 (located north/northeast and south/southeast of the airport proper, 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 November 7, 1994.

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

Bob Bushfield, city planner, reported this is attempt to bring all property into the city, much of that property is in their flight paths, and to bring under control of one jurisdiction.

Upon call for the question, the motion carried 12 votes affirmative.

Council Member Babinchak introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the A-D (Airport) District" (all that portion of Grand Forks County, North Dakota, Rye Township, Twp. 152 North, Range 51 West, and portions of Sections 21, 27, 28, 33 and 34), which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND OFF-STREET PARKING
AND LOADING PERTAINING TO ACCESSIBLE PARKING
REQUIREMENTS

The City Planning and Zoning Commission reported having considered the matter of request from the Planning Department for preliminary approval of an ordinance to amend the text of the Land Development Code, Section 18-0302 Off-Street Parking and Loading, to bring the accessible parking stall design requirements into compliance with the Americans with Disabilities Act (ADA), and recommended preliminary approval of the ordinance amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for November 7, 1994.

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

Council Member Babinchak introduced an ordinance entitled "An ordinance relating to Chapter XVIII, Land Development Code of 1987, as amended, by amending and re-enacting Section 18-0302, off-street parking and loading pertaining to subsection (4) accessible parking requirements, subsection *6) computing requirements; and repealing subsection (12)(B) construction and maintenance", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF KORYNTA'S
SECOND SUBDIVISION

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October 17, 1994

The City Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering on behalf of Randy Korynta for preliminary approval of a plat of Korynta's Second Subdivision, Grand Forks, ND, being a portion of Falconer Township (Township 152 North, Range 50 West), Section 31, East Half of the Northwest Quarter (located west of North 48th Street between the Burlington Northern Railroad right of way and 27th Avenue North), 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 November 7, 1994.

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

Council Member Babinchak 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 Korynta's Second Subdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF VILLAGE
RESUBDIVISION NO. 2, BLOCK B, LOTS 17 AND 20
OF A REPLAT OF BLOCK 2

The City Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson and from Lowell Innes on behalf of Wood Products, Inc. for preliminary approval of a Replat of Village Resubdivision No. 2, Block B, Lots 17 and 20 of a Replat of Block 2, Grand Forks, North Dakota (located in the northeast corner of University Avenue and I-29), 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 McCabe that this recommendation be and is hereby approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCE AMENDING LAND DEVELOPMENT
CODE RE. SIGNS PERMITTED IN U-D (UNIVERSITY)
DISTRICT

The City Planning and Zoning Commission reported having considered the matter of the request from Al Hoffarth on behalf of the University of North Dakota for preliminary approval of an ordinance to amend the text of the Land Development Code, Section 18-0301, Signs Permitted in the U-D (University) District, and recommended preliminary approval of the ordinance amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for November 7, 1994.

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

Council Member Glassheim reported that this is an amendment to the sign code and will permit University of North Dakota to put up four huge signs with reader boards to advertise events on campus and off premises enterprise purposes, and that he has some concerns.

Upon call for the question, the motion carried 12 votes affirmative.

Council Member Babinchak introduced an ordinance entitled "An ordinance amending the Land Development Code Chapter XVIII; Article 3, Rules and
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October 17, 1994

Regulations; Section 18-0301, Signs, and Article 2, Zoning; Section 18-0204, Rules and Definitions, of the Grand Forks City Code of 1987, as amended, pertaining to the signs permitted in the U-D (University) District", which was presented, read and passed on its first reading.

APPROVE CAPITAL IMPROVEMENT PROGRAM
PROJECTS FOR INCLUSION IN 1996-2000 CAPITAL
IMPROVEMENTS PLAN

The Capital Improvements Committee reported having considered the matter of approval of capital improvements program projects for inclusion in the 1996-2000 capital improvements plan, and recommended approval of the capital improvements program projects for inclusion in the 1996-2000 capital improvement plan.

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

APPROVE APPOINTMENTS TO IMPACT FEE STUDY
COMMITTEE

Mayor Polovitz announced the appointment of the following individuals to the Impact Fee Study Committee: Marilyn Korbach, Robert Kweit, Council Member Klave, Steve Adams and Dan Mikkelson, and asked for concurrence in these appointments. It was moved by Council Member Hoeppner and seconded by Council Member Beach that these appointments be and are hereby approved. Carried 12 votes affirmative.

SET PUBLIC HEARING FOR FY 1995 FTA GRANT
REQUEST

The Bus Committee reported having considered the matter of setting a public hearing date for the Fiscal Year 1995 FTA (Federal Transportation Administration) Grant request, and recommended that the public hearing date for the FY 1995 FTA grant request be set for the December 5, 1994 city council meeting.

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

APPROVE ETHICS POLICY FOR PUBLIC TRANSPORTATION
DEPARTMENT

The Bus Committee reported having considered the matter of the Ethics Policy for Grand Forks Public Transportation Department, and recommended approval of the Ethics Policy for the Grand Forks Public Transportation Department.

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

APPROVE AMENDMENT TO 1994 BUS SERVICE AGREEMENT
WITH CITY OF EAST GRAND FORKS

The Bus Committee reported having considered the matter of the amendment to the 1994 East Grand Forks bus service agreement covering the period from July 1, 1994 to December 31, 1994, and recommended that the amendment to the 1994 East Grand Forks bus service agreement be approved, subject to the city attorney's review.
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October 17, 1994

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

APPROVE APPLICATION FOR SPECIAL ALCOHOLIC
BEVERAGE PERMIT BY TOWN HOUSE MOTOR INN AT
121 NORTH 5TH STREET

An application by the Town House Motor Inn, Inc. for a special alcoholic beverage permit at 121 North 5th Street on October 22, 1994 was presented to the council. It was moved by Council Member Hoeppner and seconded by Council Member Sande that this application be and is hereby approved. Carried 12 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE

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

1) Council Member Klave presented the matter of snow removal hauling on 40th Avenue South to the council; Mayor Polovitz referred the matter to the public service committee for consideration.
2) Council Member Babinchak presented the matter of parking close to the intersection on 24th Avenue South and South 22nd Street to the council; Mayor Polovitz referred the matter to the public safety committee.
3) Council Member Babinchak presented the matter of possibility of removing parking on 27th Avenue South from Parkview Terrace to South 25th Street to the council; Mayor Polovitz referred the matter to the public safety committee.

INTRODUCE ORDINANCE AMENDING BUDGET
APPROPRIATIONS BILL FOR 1994 (HEALTH
DEPARTMENT)

Committee No. 2, Public Safety, reported having considered the matter of
budget amendment to reflect Knight Foundation grant funds in the amount of $3,000, and recommended that the budget amendment be approved.

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

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

ADJOURN

It was moved by Council Member Hoeppner and seconded by Council Member Geller that we do now adjourn. Carried 12 votes affirmative.

Respectfully submitted,



Saroj Jerath for
John M. Schmisek, City Auditor

Approved:

Michael Polovitz, Mayor