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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, December 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, December 19, 1994 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; absent: McCabe - 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.

ADOPT ORDINANCE NO. 3482, AMENDING LAND
DEVELOPMENT CODE, PERTAINING TO SIGNS
PERMITTED IN THE U-D (UNIVERSITY) DISTRICT

An ordinance entitled "An ordinance amending the Land Development Code Chapter XVIII; Article 3, Rules and 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 had been introduced and passed on its first reading on October 17, 1994, and upon which public hearing had been continued from November 7, 1994, until this evening, was presented and read for consideration on second reading and final passage.

Mayor Polovitz called for the public hearing.

Council Member Sande asked what kind of off-premise advertising would be permitted on the reader boards. Bob Bushfield, city planner, stated there was nothing specific in the ordinance, however, University officials told Planning and Zoning Commission that there would be no distasteful advertising on the signs (liquor, cigarettes, etc.), reader boards mainly to advertise events at UND, some off-premise businesses in the community.

There being no further comments, Mayor Polovitz closed the public hearing.

The Planning and Zoning Commission reported having considered the request from Al Hoffarth on behalf of the University of North Dakota for final 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 final passage of the ordinance as amended.

It was moved by Council Member Hagness and seconded by Council Member Geller that this recommendation be and is hereby approved, and the ordinance be amended as follows: to delete words "..deleting all references to the U-D (University) District..." in first sentence of Section 1; include the word "administration" after housing complexes, and before office buildings, in first sentence of subsection (D) of Section 2; and subsection (E) of Section 2 shall read as follows: "Entrance signs are permitted at the four major entrances to the university. The signs shall identify the university and be free of any permanent off-premises advertising; however, off-premise advertising will be permitted on the reader boards. The location site of entrance signs will be approved for each entrance sign on a case by case basis by the Planning and Zoning Commission. The sign size shall be limited to the dimensions shown in Appendix F." (size of two or three-sided illuminated entrance signs changed from 21 ft. max. to 18.8 feet max). Carried 12 votes affirmative.


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

APPROVE FINAL PLAT; CONTINUE PUBLIC HEARING
AND TABLE ORDINANCE AMENDING STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF RAY RICHARD'S GOLF COURSE
ADDITION TO JANUARY 17, 1995

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 Ray Richard's Golf Course Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Northwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on November 7, 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 that no protests or grievances had been filed with his office.

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

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Plant Services of the University of North Dakota for final approval of the plat of Ray Richard's Golf Course Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Northwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian (located south of DeMers Avenue between South 34th Street and South 42nd Street), and recommended tabling the matter and continuing the public hearing until January 17, 1995.

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

APPROVE FINAL PLAT; CONTINUE PUBLIC HEARING
AND SECOND READING OF ORDINANCE AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF DEMERS EIGHTH 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 DeMers Eighth Addition, being a portion of the North Half of the Southwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 7, 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 calling for a public hearing to be held on this matter this evening had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz called upon the audience to see if there was anyone present who 13831
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had comments to make on this matter. There were none.

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Pentas Division of Trillium Corporation for final approval of a plat of DeMers Eighth Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Southwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian (located south of DeMers Avenue between South Columbia Road and South 30th Street), and recommended tabling the matter and continuing the public hearing until January 17, 1995.

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

ADOPT ORDINANCE NO. 3483, AMENDING ZONING MAP
TO INCLUDE WITHIN VILLAGE PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT
NO. 1, VILLAGE RESUBDIVISION NO. 2

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the Village PUD (Planned Unit Development), Concept Development Plan and to include within Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, Village Resubdivision No. 2, Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 7, 1994, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson for final approval of Village PUD (Planned Unit Development) Concept Development Plan, Amendment No. 1, Village Resubdivision No. 2 (located north of University Avenue between North 42nd Street and I-29), and recommended final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance.

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

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

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3484, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF DAVIDSON 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

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shown as dedicated on the plat of Davidson Addition, Grand Forks Township, Grand Forks County, North Dakota, being a part of Government Lots 8, 10, 11 and all of Government Lot 9, Section 36, Township 151 North, Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on November 7, 1994, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Burdell Davidson for final approval of the plat of Davidson Addition, Grand Forks Township, Grand Forks County, North Dakota, being a part of Government Lots 8, 10, 11, and all of Government Lot 9, Section 36, Township 151 North of Range 50 West of the 5th Principal Meridian (located in the 6900 block of Southeast 14th Street), and recommended final approval subject to special conditions shown on or attached to the review copy, including a variance to the average lot size and final passage of the ordinance.

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

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

ADOPT ORDINANCE NO. 3485, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (PARKING
RAMP BUDGET)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Parking Ramp budget), which had been introduced and passed on its first reading on December 5, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3486, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(EMERGENCY MANAGEMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Emergency Management), which had been introduced and passed on its first reading on December 5, 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, Hoeppner, Hamerlik,

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Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3487, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (URBAN
DEVELOPMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development budget, $38,257), which had been introduced and passed on its first reading on December 5, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3488, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (URBAN
DEVELOPMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development, $153,860), which had been introduced and passed on its first reading on December 5, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3489, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (URBAN
DEVELOPMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development, $348,891), which had been introduced and passed on its first reading on December 5, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3490, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (URBAN
DEVELOPMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development, $250,000), which had been introduced and passed on its first reading on December 5, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson,

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Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3491, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (URBAN
DEVELOPMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development, $826,522), which had been introduced and passed on its first reading on December 5, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3492, ANNEXING BLOCK A,
LOT A, KORYNTA-LEMM SUBDIVISION TO THE CITY

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Block A, Lot A, Replat of Korynta-Lemm Subdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 7, 1994, was presented and read for consideration on second reading and final passage.

The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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

RESET PUBLIC HEARING ON APPLICATION BY TAG
FOR FIVE-YEAR PROPERTY TAX EXEMPTION TO
JANUARY 17, 1995

The city auditor reported that pursuant to the provisions of Section 40-57.1 of the North Dakota Century Code, notice is required to be given by the applicant that the city council will meet to consider the application for the five-year exemption of taxes; and that Technology Applications Groups, Inc. (TAG) did not make publication as required.

It was moved by Council Member Hoeppner and seconded by Council Member Hamerlik that we reschedule the public hearing on this application for Tuesday, January 17, 1995 at 7:30 p.m. Carried 12 votes affirmative.

HOLD PUBLIC HEARING ON APPLICATION FOR
GROWTH FUND MONIES BY POWERTEK, AND APPROVE
APPLICATION

Mayor Polovitz called for the public hearing on the application by PowerTek for Growth Fund monies. There were no comments and Mayor Polovitz closed the public hearing.

It was moved by Council Member Beach and seconded by Council Member Sande that the application by PowerTek be approved. Upon roll call the following voted

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"aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Hagness and seconded by Council Member Sande that consent agenda items be referred to the proper committee for consideration and report back.

Public Service Committee:
1) matter of job descriptions for inspection department.

Council Member Hamerlik asked to be excused from voting on this item. It was moved by Council Members Hagness and Klave to excuse Council Member Hamerlik from voting on this matter. Carried 10 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Member Hamerlik abstaining.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of November 30, 1994, was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Beach that this report be and is hereby received and filed. Carried 12 votes affirmative.

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from Bruce Melin, building inspector, was presented and read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Thursday, December 8, 1994, that notice had been published as required and that the following appeals were heard: 1) Kevin and Timothy Useldinger, 2110 DeMers Avenue, request for variance to the side-yard setback requirements to erect an addition to a potato warehouse building, and that the Board unanimously voted to allow a variance from 15 ft. to 3 ft. on the north side to provide a rail loading dock for potato warehouse; 2) B & B Partnership (Marland Lee, New Vision Fiberglass, agent), 2525 North Washington Street, request for variance to paved parking requirements and to landscaping requirements to construct a building, and that the Board deferred the required landscaping and to provide parking for five years on the development presently used by New Vision; 3) Valdak Corporation, 324 North Washington Street, request for variance to the side-yard, front-yard, second front-hard and landscaping, and paving requirements to erect a building, and the Board moved to allow the building of the car wash with the variances listed in a memo to the Planning Department.

It was moved by Council Member Hanson and seconded by Council Member Carpenter to receive and file the report. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-22, dated December 19, 1994, and totaling $1,709,249.23, 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 Klave and seconded by Council Member Sande 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none.

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Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE APPLICATION FOR THREE-YEAR TAX
EXEMPTION FOR IMPROVEMENTS TO PROPERTY

Committee No. 1, Finance, reported having considered the application for three-year exemption of improvements to property at 2714 32nd Avenue South, and recommended approval be granted for three-year exemption for improvements to the property located at 2714 32nd Avenue South.

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

REJECT BID FOR PROPERTY AT 40TH AVENUE
SOUTH AND SOUTH WASHINGTON STREET

Committee No. 1, Finance, reported having considered the matter of bid for City-owned property, Lot 1, Block 1, Flaat-Mikkelson Addition (property located at 40th Avenue South and South Washington Street), and recommended that we reject the bid in the amount of $35,000 and direct the director of finance and administrative services to enter into negotiation with the American Red Cross on a mutually agreeable price.

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

APPROVE RETROACTIVE PAY FOR POLICE OFFICERS
TO APRIL 1, 1992 AS RESULT OF RECLASSIFICATION

Committee No. 1, Finance, reported having considered the matter of police officers' retroactive pay, and recommended approval of retroactive pay to April 1, 1992 due to the issue regarding the classification of officers was brought to the attention of the council prior to the April 1, 1993 date.

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

INTRODUCE ORDINANCE RELATING TO CIVIL SERVICE
CODE AND SENIORITY

Committee No. 1, Finance, reported having considered the matter of proposed amendment to Civil Service Code to allow employees with break in service to retain seniority, and recommended that we adopt the language of the on-the-job injury draft effective January 1, 1995.

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

Council Member Sande introduced an ordinance amending Section 6-0526 of the Grand Forks City Code relating to the Civil Service Code and seniority", which was presented, read and passed on its first reading.

APPROVE BUDGET AMENDMENT

A request for transfer of $2,004.00 in the Finance and Administration budget

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from Wages-Temporary to Contractual Services to cover temporary secretary wages to Kelly Services, was presented and read.

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

APPROVE BILLS FOR CONVENTION & VISITORS'
BUREAU

Committee No. 1, Finance, reported having considered the matter of bills for Convention & Visitors' Bureau due to change in nature of bond and date, and recommended that the bills be approved for payment.

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

DIRECT FINANCE COMMITTEE TO REVIEW BILL
LISTINGS

Committee No. 1, Finance, reported having considered the matter of bill listing, and recommended that the finance committee members be given a copy of the bill listing for review and all other council members be given a copy upon request from the finance and administrative office, and one copy be made available to the public.

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

RECEIVE AND FILE MATTER OF TRANSFER OF WAGE
AND SALARY LINE ITEMS CARRYOVER TO OTHER
BUDGETED CATEGORIES

Committee No. 1, Finance, reported having considered the matter of transfer of wage and salary line items carryover to other budgeted categories, and recommended to receive and file.

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

Mayor Polovitz stated that he had sent memo to council members and that he is advocating a no vote on this matter. Council Member Carpenter noted that council has already approved this transfer policy, that they should give it an opportunity to work and if any abuse of policy, can be brought back; that they have already budgeted these dollars within the department, and this will allow department to utilize funds in a different manner.

The city auditor expressed some concern that if try to budget more tightly the personnel area, its very hard to project vacancies, but too hard to determine time between person leaving and filling of that position, and if those funds become significant it could create some headaches.

COUNCIL MEMBER BEYER REPORTED PRESENT

It was noted that if they give this a trial period, policy could be changed by ordinance amendment.

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

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APPROVE APPLICATIONS FOR 1995 ALCOHOLIC
BEVERAGE LICENSES

Committee No. 2, Public Safety, reported having considered the applications for alcoholic beverage licenses for 1995, and recommended that applications for alcoholic beverage licenses for 1995 be approved as follows:

Class 1 (General On and Off Sale Liquor and Beer): Big Daddy's Lounge & Off Sale, 1405 DeMers Avenue; Bronze Boot Lounge, Inc., 1804 North Washington Street; Bun Lounge, Inc., 1708 State Mill Road; Charlie Brown Enterprises, Inc. dba Charlie Brown's Bar, 414 Gateway Drive; Dagwood's, Inc. dba Dagwood's Pub & Bottle Shop, 1395-D South Columbia Road; Denny's Tavern, Inc., 1011 South Washington Street; Diamond Lounge, Inc., 1607 DeMers Avenue; El Roco Lounge, Inc., 1730 13th Avenue North; Highlander, Inc., 1448 South Washington Street; Himax Corporation dba Griggs Landing, 105 North 3rd Street; J.E.P., Inc. dba Best Western Fabulous Westward Ho Motel, 3400 Gateway Drive; Johnny's Lounge, Inc., 701 South 15th Street; K.C. Building Assoc., Inc. dba Knights of Columbus Columbian Club, 601 University Avenue; L.R. & R., Inc. dba Southgate Off-Sale & Lounge, 2525 South Washington Street; McGuire's Bar, Inc., 124 South 3rd Street; McMenamy's Tavern, Inc., 1602 State Mill Road; Redwing Uptown Recreation, Inc. dba Uptown Bar, 116 South 3rd Street; Bradley A. Spicer, Inc. dba Long Haul Saloon, 4720 Gateway Drive; WPS, Inc. dba Whiskey Point Saloon, 23 South 3rd Street; DJL, Inc. dba Chaps Saloon, 118 North 3rd Street (license held in abeyance); Hub Bar, Inc., 205 North 3rd Street; Double S.M., Inc. dba Rumors, 1820 South Washington Street; Frenchy's, Inc. (license held in abeyance); L.T.D. Investments, Inc. dba The Edge, 10 North 3rd Street; Dickey Doo's, Inc. dba Skipper Kelly's Bar, 309 North 3rd Street; Crackers, Inc. dba Campus Liquors, 4220 5th Avenue North.

Class 2 (Off Sale Alcoholic Beverages): Deraney's Liquors, Inc., 121 North Washington Street; Happy Harry's, Inc. dba Happy Harry's Bottle Shop, 2215 Gateway Drive; Happy Harry's Tax Free Liquor, Inc. dba Happy Harry's Bottle Shop, 2051 32nd Avenue South; Jack's Liquor Store, Inc. dba Columbia Liquors, 2519 32nd Avenue South; Rite Spot Liquor Store, Inc., 1901 South Washington Street.

Class 3 (Off and/or On Sale Beer and Wine): Bonzer's on Fourth, Inc. dba Bonzer's on Fourth, 12 North 4th Street; FGF, Inc. dba Happy Joe's Pizza & Ice Cream, 2909 South Washington Street; GFP of the Dakotas, Inc. dba Godfather's Pizza, 2100 South Columbia Road; Italian Moon, Inc. dba Italian Moon Pizza, 810 South Washington Street; Mark R. Johnson dba Parrot's Cay Tavern, 1149 36th Avenue South; Robert A. McGoven dba Broken Drum Tavern, 1503 North Washington Street; Ole & Paco's Mexican Village, Inc., 1218 South Washington Street; Pizza Hut of America, Inc. dba Pizza Hut, 2751 32nd Avenue South; Rogalla, Inc. dba Judy's Tavern, 1221 North 20th Street; Topper's Inc. dba 42nd Street Eatery, 425 North 42nd Street; Topper's South, Inc. dba Topper's Hamburger Grill & Malt Shoppe, 3205 South Washington Street; LaBrasa, Inc., 2500 South Washington Street; Breakout Billiards, Inc., 9 North 3rd Street; Grand Forks Pizza, Inc. dba Shakey's Pizza Parlor, 3225 South Washington Street.

Class 4 (Food and Beverage Establishment): The Cattle Company dba Sir John Barley-corne, Columbia Mall, 2800 South Columbia Road; Chi-Chi's, Inc. dba Chi-Chi's Mexican Restaurante, 3000 32nd Avenue South; Delta Hospitality Management dba The Ground Round, 2800 32nd Avenue South; General Mills Restaurants, Inc. dba Red Lobster #641, 2675 32nd Avenue South; Grandapple L.L.C. dba Applebee's Neighborhood Grill, 2851 South Columbia Road; Ingrid Lu Knox and Yu Lan Salter dba Hunan Restaurant, 2100 South Columbia Road; Players Sports Grill & Bar, Inc., 2120 South Washington Street; S.O.G.F., Inc. dba Speedway, 805 North 42nd Street; P.R. Waind Company, Inc. dba G.F. Goodribs, 4223 12th Avenue North; World Investment Corp. dba LaCampana, 905 South

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Washington Street; Emperor's Garden Restaurant, Inc. dba Emperor's Garden, 1950 South Columbia Road; Paul Kimball Holmes dba Sander's 1907, 312 Kittson Avenue; Shangri-La Inn, Inc., 4220 5th Avenue North.

Class 5 (Hotel-Motel Alcoholic Beverages): Astro Motels, Inc. dba Ramada Inn, 1205 North 43rd Street; Grand Forks Motel Enterprises, Inc. dba Holiday Inn, 1210 North 43rd Street; Town House Motor Inn, Inc., 710 1st Avenue North.

Class 6 (Fairgrounds Beer and Wine): Grand Forks Fair & Exhibition Assn., Inc., Fairgrounds, 2124-B Gateway Drive.

Class 8 (Airport Alcoholic Beverage): Clean & Green, Inc. dba Crosswinds, 2787 Airport Road.

Class 9 (Bowling Center Alcoholic Beverage): R & F Company, Inc. dba Red Ray Lanes, 2105 South Washington Street.

Class 10 (Excursion Boat Alcoholic Beverage): Dakota Queen, Inc., 67 South Riverboat Road.

Class 12 (Sunday Alcoholic Beverage): Big Daddy's Lounge & Off-Sale, Inc., 1405 DeMers Avenue; Bronze Boot, Inc., 1804 North Washington Street; Bun Lounge, Inc., 1708 State Mill Road; Charlie Brown Enterprises, Inc. dba Charlie Brown's Bar, 414 Gateway Drive; Crackers, Inc., 4220 5th Avenue North; DJL, Inc. dba Chaps Saloon, 118 North 3rd Street (license held in abeyance); Dagwood's, Inc. dba Dagwood's Pub & Bottleshop, 1395-D South Columbia Road; Denny's Tavern, inc., 1011 South Washington Street; Diamond Lounge, Inc., 1607 DeMers Avenue; El Roco Lounge, Inc., 1730 13th Avenue North; Frenchy's, Inc. (held in abeyance); Himax Corporation dba Griggs Landing, 105 North 3rd Street; Highlander, Inc., 1448 South Washington Street; Hub Bar, Inc., 205 North 3rd Street; J.E.P., Inc. dba Best Western Fabulous Westward Ho Motel, 3400 Gateway Drive; Johnny's Lounge, Inc., 701 South 15th Street; K.C. Building Assoc., Inc. dba Knights of Columbus Columbian Club, 601 University Avenue; Dicky Doo's, Inc. dba Skipper Kelly's Bar, 309 North 3rd Street; L.T.D. Investments, Inc. dba The Edge/Jonsey's Dugout, 10 North 3rd Street; Redwing Uptown Recreation, Inc. dba Uptown Bar, 112-118 South 3rd Street; McGuire's, Inc., 124 South 3rd Street; McMenamy's Tavern, Inc., 1602 Mill Road; Double S.M., Inc. dba Rumors, 1820 South Washington Street; L.R. & R., Inc. dba Soughtate Off Sale & Lounge, 2525 South Washington Street; Bradley A. Spicer, Inc. dba Long Haul Saloon, 4720 Gateway Drive; WPS, Inc. dba Whiskey Point Saloon, 23 South 3rd Street; Jack's Liquor Store, Inc. dba Columbia Liquors, 2519 32nd Avenue South; Rite Spot Liquor Store, Inc., 1901 South Washington Street; Deraney's Liquor, Inc., 121 North Washington Street; Happy Harry's Bottle Shop, Inc., 2215 Gateway Drive; Happy Harry's Tax Free Liquor, Inc. dba Happy Harry's Bottle Shop, 2051 32nd Avenue South; Bonzer's on Fourth, Inc., 12 North 4th Street; Italian Moon, Inc. dba Italian Moon Pizza, 810 South Washington Street; LaBrasa, inc., 2500 South Washington Street; Pizza Hut of America, Inc. dba Pizza Hut, 2751 32nd Avenue South; Topper's South, Inc., 3205 South Washington Street; Topper's, Inc., 425 North 42nd Street; Grand Forks Pizza, Inc. dba Shakey's Pizza Restaurant, 3225 South Washington Street; mark R. Johnson dba Parrot's Cay Tavern, 1149 36th Avenue South, Breakout Billiards, 9 North 3rd Street; Ole & Paco's Mexican Village, Inc., 1218 South Washington Street; GFP of the Dakotas, Inc. dba Godfather's Pizza, 2100 South Columbia Road; FGF, Inc. dba Happy Joe's Pizza & Ice Cream Parlor, 2909 South Washington Street; Rogalla, Inc. dba Judy's Tavern, 1221 North 20th Street; Robert A. McGoven dba Broken Drum, 1503 North Washington Street; Paul Kimball Holmes dba Sanders 1907, 312 Kittson Avenue; World Investment Corporation dba Paradiso/LaCampana, 905 South Washington Street; General Mills Restaurants, Inc. dba Red Lobster #0641, 2675 32nd Avenue South; The Cattle Company dba Sir John Barley-corne, 2800 South Columbia Road; Ingrid Lu Knox and Yu Lan Salter dba Hunan Restaurant, 2100 South Columbia Road;

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December 19, 1994

Delta Hospitality Management, Inc. dba Ground Round, 2800 32nd Avenue South; Grandapple, LLC, dba Applebee's Neighborhood Grill & Bar, 2851 South Columbia Road; SOGF, Inc. dba Speedway, 805 North 42nd Street; P.R. Waind Company, Inc. dba G.F. Goodribs, 4223 12th Avenue North; Players Sports Grill & Bar, Inc., 2120 South Washington Street; Chi-Chi's, Inc. dba Chi-Chi's Mexican Restaurante, 3000 32nd Avenue South; Emperor's Garden Restaurant, Inc., 1930 South Columbia Road; Shangri La Inn, Inc., 4220 5th Avenue North; Town House Motor Inn, Inc., 710 1st Avenue North; Astro Motels, Inc. dba Ramada Inn, 1205 North 43rd Street; Grand Forks Motel Enterprises, Inc. dba Holiday Inn, 1210 North 43rd Street; Greater Grand Forks Fair & Exhibition Assn., Inc., Fairgrounds, 2124-B Gateway Drive; Clean & Green, Inc. dba Crosswinds, 2787 Airport Drive; Dakota Queen, Inc., 67 South Riverboat Road; R & F Company, Inc. dba Red Ray Lanes, 2105 South Washington Street.

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

APPROVE APPLICATIONS FOR TAXICAB AND
AIRPORT LIMOUSINE LICENSES

Committee No. 2, Public Safety, reported having considered the applications for renewal of taxicab and airport limo licenses for 1995 (Nodak Radio Cab Company, Grand Forks Taxi Company and lst Class Limousine), and recommended approval subject to approval of the police department.

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

MATTER OF GRANTS FOR FUNDING OF POLICE
OFFICER POSITIONS

Committee No. 2, Public Safety, reported having considered the matter of grants for funding of police officers (COPS on the Beat), and recommended that we submit application for funding one officer under this program.

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

REQUEST FROM POLICE DEPARTMENT TO PURCHASE
BODY ARMOR UNDER STATE BID

Committee No. 2, Public Safety, reported having considered the matter of request from police department to purchase body armor under North Dakota State bid, and recommended approval be granted for purchase of body armor under North Dakota State bid.

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

AUTHORIZE RIGHT TURN ONLY LANE ON 5TH
STREET FOR NORTHBOUND TRAFFIC APPROACHING
DeMERS AVENUE

Committee No. 2, Public Safety, reported having considered the matter of placing sign "right turn only" on 5th Street and DeMers, south side of DeMers, and recommended that signs and markings be installed to create a right turn only lane for northbound traffic on 5th Street approaching DeMers Avenue.

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December 19, 1994

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

DENY REQUEST FROM WESTWARD HO FOR EARLY
OPENING OF BAR ON SUNDAY DURING STATE
SINGLES POOL TOURNAMENT

Committee No. 2, Public Safety, reported having considered the matter of request from Westward Ho for early opening of bar on Sunday, January 8, during State Singles Pool Tournament (January 6, 7 and 8, 1995), and recommended approval be granted for 8:00 a.m. opening on Sunday, January 8, 1995, contingent upon approval by the city attorney.

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

Howard Swanson, city attorney, advised that alcoholic beverages cannot be served before noon on Sunday or after 1:00 a.m. and doesn't find that the request can be granted.

Scott Lindgren, Westward Ho, and Jim Carlson, Jr., rep. of A & H Vending, one of sponsors of the tournament, were present, and stated that in checking with other localities, they were open; and were asking to keep these events coming back to Grand Forks. Mr. Swanson stated this is state law and not an issue City can or cannot agree to, and very clear in State law.

After further discussion and upon call for the question, the motion was defeated.

DIRECT THAT DEPUTY FIRE CHIEF POSITION BE
FILLED

Committee No. 2, Public Safety, reported having considered the matter of reorganization of fire department (potential elimination of deputy chief position), and recommended that the City go forward with the hiring process to fill the deputy fire chief position.

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

Council Member Carpenter stated he was looking at opportunity for change, which he wanted to pursue, that committee considered his thoughts and recommendations, and that this has raised awareness of doing differently.

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

APPROVE TRANSFER OF CLASS 1 LIQUOR LICENSE
FROM HUB BAR, INC. TO BRADLEY DEAN MOE, SUBJECT
TO VARIOUS CONDITIONS

Committee No. 2, Public Safety, reported having considered the application for transfer of Class 1 alcoholic beverage license from Hub Bar, Inc. to Bradley Dean Moe, and recommended approval of the transfer of license, contingent upon review and approval by the city attorney.

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

Mr. Swanson, city attorney, advised that the present license holder of Hub Bar 13842
December 19, 1994

has not indicated that they are willing to transfer or are transferring their license, that council can approve committee recommendation, but it will be contingent upon receipt of correspondence from present license holder, review of the application by the police department, and the payment of the various fees for the transfer of the license.

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

APPROVE EASEMENTS FOR BIKEPATH ALONG ENGLISH
COULEE, PROJECT NO. 3947

Committee No. 3, Public Service, reported having considered the matter of Project No. 3947, bikepath along English Coulee, and matter of easements, and recommended that the easements be approved in the amount of $19,883.00.

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

RECEIVE AND FILE MATTER OF DEDICATION OF
STREET (ELKS DRIVE)

Committee No. 3, Public Service, reported having considered the matter of dedication of street to City, Elks Drive, and recommended to receive and file.

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

ALLOW MOBILE FOOD UNIT AT 1711 SOUTH WASHINGTON
STREET FOR SIX MONTHS, SUBJECT TO CONDITIONS

Committee No. 3, Public Service, reported having considered the matter of structure located on the parking lot at 1711 South Washington Street, and recommended that we allow the mobile food unit, The Coffee Company Express, for six months at its current location, after which time the committee will review, and further that it is contingent upon a site plan review by the city engineer and by the city planner.

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

Committee No. 3, Public Service, reported having considered the matter of temporary mobile units, and recommended that the matter be referred to the proper administrative authorities for further study (engineering and planning).

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

ACCEPT BID OF UNITED CRANE & EXCAVATION FOR
PROJECT NO. 4181, 1994 FORCEMAIN REHAB

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4181, 1994 forcemain rehab., and recommended that we accept the low bid of United Crane in the amount of $179,140.00.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following

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December 19, 1994

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, SEWER PROJECT NO.
4199, DISTRICT NO. 356, UPGRADE OF LIFT
STATIONS NOS. 22 AND 23

The city auditor presented and read tabulation of bids which had been received and opened on December 8, 1994 for Project No. 4199, District No. 356, upgrade of Lift Station No. 22, and Lift Station No. 23, indicating that Smith Construction was low bidder under Schedule B for general construction in the amount of $96,900, and Rick Electric in the amount of $71,917.00 for electrical construction, for a total bid of $168,817: Document No. 6385 - Bid Tabulation.

The engineer's estimate of total cost on Sewer Project No. 4199, District No. 356, Lift Station Upgrade, in the amount of $------ for Lift Station 22, and in the amount of $42,000.00 for Lift Station 23, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for Project No. 4199, upgrade Lift Stations #22 and #23, and recommended that the bids be awarded to Smith Construction for the general construction in the amount of $96,900 and to Rick Electric for the electrical work in the amount of $71,917.00 for a total bid of $168,817.

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6386 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Klave that this resolution awarding the contracts to Smith Construction and to Rick Electric, Inc. for Sewer Project No. 4199, District No. 356, be and is hereby
adopted. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted.

AWARD CHEMICAL BIDS FOR 1995

Committee No. 3, Public Service, reported having considered the bids for chemicals for water plant, and recommended that we award the 1995 chemical bids to the low bidders with the exception of the carbon which would go to the mid-bidder of Feed-Rite in the amount of $25,650.00 ($570.00 unit price) and to hold the bid for polyphosphate.

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

ACCEPT BID FOR MERCURY ANALYZER FOR LABORATORY
(WASTEWATER)

Committee No. 3, Public Service, reported having considered the matter of bids for mercury analyzer for laboratory (wastewater), and recommended that we

13844
December 19, 1994

accept the low bid of Varian Associates in the amount of $12,415.00.

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

ACCEPT BID FOR SIDEWALK SNOW REMOVAL FOR
PERIOD JANUARY 1 THROUGH DECEMBER 31, 1995

Committee No. 3, Public Service, reported having considered the matter of bids for sidewalk snow removal (for period January 1 through December 31, 1995), and recommended that we accept the low bid of Roger's Lawn Service in the amount of $17.50 per hour.

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

RECEIVE AND FILE MATTER OF AIRPORT WATER

Committee No. 3, Public Service, reported having considered the matter of airport water, and recommended that the matter be received and filed.

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

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR DRAINAGE STUDY

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement for south-end drainage study, and recommended that the amendment to the engineering services agreement in the amount of $48,422.00 be approved.

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

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

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement for Project No. 4044, 6th Avenue North reconstruction, and recommended that we remove the $767.68 in profit from the agreement, thereby changing the total from $7,014.10 to $6,246.42.

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

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4254

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December 19, 1994

Committee No. 3, Public Service, reported having considered the matter of amending the contract with Advanced Engineering for Project No. 4254, water supply study, and recommended that we authorize increasing the contract with Advanced Engineering in the amount of $5,000 for continuing studying this project.

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

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 3938, CT OPTIMIZATION
STUDY

Committee No. 3, Public Service, reported having considered the matter of CT Optimization Study, Project No. 3938, and recommended approval be given to amend the contract with Advanced Engineering in the amount of $5,000.00.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 3945, U.S. HIGHWAY NO. 2 BEAUTIFICATION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Highway No. 2 Beautification project, Project No. 3945, and recommended that we approve the plans and specifications and set the date for opening bids for January 9, 1995.

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

ADOPT MISSION STATEMENT BY RED RIVER VALLEY
WATER COALITION

Committee No. 3, Public Service, reported having considered the matter of mission statement by the Red River Valley Water Coalition, and recommended that the city council adopt the Mission Statement of the Red River Valley Water Coalition dated November 28, 1994: Document No. 6387 - Statement.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved, and the mission statement adopted. Carried 13 votes affirmative.

GRANT PRELIMINARY AUTHORIZATION TO PREPARE
PLANS AND SPECIFICATIONS FOR UPGRADE TO TELEMETRY
SYSTEM FOR WASTEWATER AND STORMWATER PUMP STATIONS

Committee No. 3, Public Service, reported having considered the matter of upgrade to telemetry system for wastewater and stormwater pump stations, and recommended preliminary authorization be given to prepare plans and specifications for this upgrade.

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


13846
December 19, 1994

ALLOCATE 1995 CDBG AND COMMUNITY NEEDS FUNDS

Committee No. 4, Urban Development, reported having held public hearing on public service and human needs applications and allocation of funds, and recommended that the Public Service and Human Needs applications be funded in the following amounts contingent upon availability of CDBG funding: Adult Abuse, $57,000; Affordable Housing Counseling, $10,000; Housing Authority Family Self-Sufficiency, $9,000; Housing Authority Youth Program, $10,000; Emergency Food Cupboard, $3,000; Greater Grand Forks Head Injury Association, $0; Habitat for Humanity, $3,000; Listen, Inc., $23,000; Options, $0; Prairie Harvest, $5,000; Quad County, $4,000 (for use with shelter house clients only); Shelter for Homeless, $12,000; Special Olympics, $2,000; Third Street Clinic, $11,500 (plus free rent in City building valued at $6,000); Y-Family Center, $1,000; Friendship Place, $19,500; and Detox Center, $20,000.

Committee No. 4, Urban Development, reported having held public hearing on Community Needs applications, and allocation of funding, and recommended that the following funding recommendations be approved: Central Business District Assoc., Celebrate the Season, $3,000; Chamber of Commerce Retail, $10,000; Chamber of Commerce Gold Medalist, $2,000; Coalition '92, $1,500; Crimestoppers, $6,500; First Night Greater Grand Forks, $5,500; Forx Amateur Radio Club, $0; Grand Forks Substance Abuse, $6,000; Grand Forks Park District, Prairie Rose, $2,000; Humane Society of Grand Forks, $0; Mayor's Committee on Historic Preservation, $2,000; North Valley Arts Council, $13,000; Potato Bowl, $2,500; Riverbank/CDB Maintenance, $12,000; Sister Cities Assoc., $2,000; and Winship PTO Crossing Guard, $2,000.

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

INTRODUCE ORDINANCE TO AMEND BUDGET TO
TRANSFER FUNDS FROM EXCESS SALES TAX TO
RIVERBANK/CDB MAINTENANCE PROJECT

Committee No. 4, Urban Development, reported having considered the matter of funds transfer from excess sales tax in the amount of $10,000 to the Riverbank/CDB Maintenance project, and recommended that the amount of $10,000 be transferred from excess sales tax to the Riverbank/CDB Maintenance project.

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

Council Member Beyer introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1995" (Community Development), which was presented, read and passed on its first reading.

APPROVE RESTRUCTURING OF GROWTH FUND LOAN
TO OLE AND LENA'S

Committee No. 4, Urban Development, reported having considered the matter of Ole and Lena's Growth Fund loan, and recommended the structuring of the Ole and Lena's Growth Fund loan, with the terms listed, be approved: to restructure the repayment agreement to Ole and Lena's to a monthly payment of $150, with an interest rate of 2%, until December of 1997, at which time the original terms of the loan would be resumed with the existing accrued interest to be added onto the end of the loan.


13847
December 19, 1994

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

APPROVE VILLAGE PUD (PLANNED UNIT DEVELOPMENT)
AS AMENDED, DETAILED DEVELOPMENT PLAN, MULTI-
FAMILY (LOW INCOME HOUSING), VILLAGE RESUBDIVISION
NO. 2, BLOCK B, LOT C

The Planning and Zoning Commission reported having considered the matter of the request from Dakota Financial on behalf of Francis Mikkelson for final approval of Village PUD (Planned Unit Development), as amended by Ordinance No. 3483, Detailed Development Plan, Multi-Family (Low Income Housing), Village Resubdivision No. 2, Block B, Lot C (located at 4275 5th Avenue North), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

ACCEPT PETITION FOR VACATION OF PORTION
OF NORTH/SOUTH REAR SERVICE ROAD PLATTED
AND DEDICATED ON THE PLAT OF WASHINGTON ESTATES
RESUBDIVISION, AND SET PUBLIC HEARING

The City Planning and Zoning Commission reported having considered the matter of the petition from Francis D. Mikkelson, Grand Forks Park District and others for approval to vacate all that portion of a north and south rear service road platted and dedicated on the plat of Washington Estates Resubdivision to the city of Grand Forks, North Dakota, including all that portion of the 15-foot wide roadway and utility easement lying on each side and abutting thereto (located between South Washington Street and South 11th Street and between South 38th and 40th Streets) and recommended approval of the vacation request contingent upon the property owner (Forx Rent-All) being able to connect into the private sanitary sewer and upon providing an alternative private sanitary sewer route to serve the properties on the south side of 38th Avenue South.

It was moved by Council Member Hagness and seconded by Council Member Hanson that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing for February 6, 1995 be published as required. Carried 13 votes affirmative.

GRANT PRELIMINARY ADMINISTRATIVE APPROVAL AND
FINAL APPROVAL OF WASHINGTON ESTATES PUD,
DETAILED DEVELOPMENT PLAN, EQUIPMENT RENT-ALL
AND MINI STOR-ALL, WASHINGTON ESTATES RESUB.,
BLOCK 3, LOT 2 AND BLOCK 4, LOT 1

The Planning and Zoning Commission reported having considered the matter of request from Bill Schoenfelder on behalf of Forx Rent All for preliminary administrative approval (fast track) and final approval of Washington Estates PUD (Planned Unit Development), Detailed Development Plan, Equipment Rent-All and Mini Stor-All, Washington Estates Resubdivision, Block 3, Lot 2 and Block 4, Lot 1 to the city of Grand Forks, North Dakota (located east of South Washington Street between 38th and 40th Avenues South), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.


13848
December 19, 1994

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

ACCEPT PETITION FOR VACATION OF PORTION OF
NORTH 52ND STREET IN SUN LAND WEST FIRST
RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the petition from Sun Land West L.L.C. for approval to vacate all that portion of North 52nd Street lying west of and abutting Lots 13 and 14, Block 1, Sun Land West First Resubdivision to the city of Grand Forks, North Dakota, and recommended approval of the vacation request including the 10-foot wide utility easement lying westerly of and abutting said street and contingent upon the filing of the plat of Sun Land West Second Resubdivision.

It was moved by Council Member Hagness and seconded by Council Member Hanson that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing on February 6, 1995, be published as required. Carried 13 votes affirmative.

INTRODUCE ORDINANCE AMENDING STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF SUN LAND WEST SECOND RESUBDIVISION

The City Planning and Zoning Commission reported having considered the matter of the request from Dan Schmaltz on behalf of Sun Land West, L.L.C. for preliminary approval of a plat of Sun Land West Second Resubdivision, a Replat of Sun Land West First Resubdivision, Grand Forks, North Dakota, Block 2, Lots 14, 15 and 16, and vacated North 52nd Street (located between North 51st Street and North 55th Street and between 6th Avenue North and 10th 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 January 17, 1995.

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

Council Member Hagness 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 Sun Land West Second Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL OF SUN LAND WEST
PUD, DETAILED DEVELOPMENT PLAN, RM/R-1 SINGLE
FAMILY AREA 4-A (PHASE II)

The City Planning and Zoning Commission reported having considered the matter of the request from Dan Schmaltz on behalf of Sun Land West, L.L.C. for preliminary approval of Sun Land West PUD (Planned Unit Development), Detailed Development Plan, RM/R-1 Single Family Area 4-A (Phase II), Sun Land West First Resubdivision, Grand Forks, North Dakota, all of Blocks 1 and 2, Lots 1 through 28 (located between North 51st Street and North 55th Street and between 6th Avenue North and 10th Avenue North), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.


13849
December 19, 1994

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

APPROVE 1995 BUS SERVICE AGREEMENT WITH
UNIVERSITY OF NORTH DAKOTA

The Bus Committee reported having considered the matter of the 1995 bus service agreement with the University of North Dakota (amended to have one UND representative on Bus Committee), and recommended approval of the 1995 bus service agreement with the University of North Dakota.

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

APPROVE 1995 TRANSPORTATION SERVICE AGREEMENT
WITH CITY OF EAST GRAND FORKS, MINNESOTA

The Bus Committee reported having considered the matter of the 1995 transportation service agreement with East Grand Forks, Minnesota, and recommended approval of the 1995 transportation service agreement with East Grand Forks, Minnesota.

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

INTRODUCE ORDINANCE RELATING TO PENSION
COMMITTEE

The Pension Committee reported having considered the matter of amendment to City Code Section 7-0214(1), and recommended that the council accept the change and introduce the ordinance amending Section 7-0214(1) of the Grand Forks City Code relating to the pension committee.

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

Council Member Hanson introduced an ordinance entitled "An ordinance amending Section 7-214(1) of the Grand Forks City Code relating to the pension committee", which was presented, read and passed on its first reading.

AUTHORIZE PAYMENT OF 1994 PENSION CONTRIBUTION

The Pension Committee reported having considered the matter of payment of 1994 City pension contribution, and recommended payment of the budgeted amount.

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

DENY REQUEST TO INCLUDE NORTH VALLEY ARTS COUNCIL
UNDER CITY HEALTH INSURANCE PLAN

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December 19, 1994

The Pension Committee reported having considered the matter of including full-time staff at the North Valley Arts Council in the city health insurance plan, and recommended denial of the request.

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

APPROVE 1995 BIKEWAY MAINTENANCE BUDGET

The Bikeway Committee reported having considered the matter of 1995 bikeway maintenance budget, and recommended approval of the expenditure of the 1995 bikeway maintenance budget, up to $18,600.00, pending bids for the following projects: 1) two-inch overlay of asphalt on the Fairgrounds bikepath from North Columbia Road to Mill Road; 2) replacement of six plywood panels on the old Northern Pacific bridge and to resurface the entire bridge area; and 3) repair the bikepath located behind Best.

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

COMMUNICATIONS FROM THE MAYOR

Mayor Polovitz announced that he is looking at putting broad group of people on committee to look at detox center issue, and will have list sent to council members.

Mayor Polovitz announced he will be looking to putting together citizens committee or task force re. matter of adolescence and/or gang violence, that they are seeing happenings within the city - the infusion of gangs from other areas into rural areas, etc. and are seeing movement spreading into city of Grand Forks.

Mayor Polovitz reported he spent several days in San Diego on base closures
and procedures we have to go through, and also preparing to keep the base open; that Alan Dixon, chairman of Base Closure Committee, comments were to be prepared.

Mayor Polovitz also asked council if there are any legislative issues to bring to his office.

MATTER OF PENSION BUY-BACK ISSUE

The Pension Committee reported having considered the matter of the pension buy-back for the seventeen employees affected by the error made by AEtna from 1970 to 1980, and recommended that the seventeen employees contribute 25% of the difference between AEtna and Deloitte & Touche calculations and that the City contribute the remaining 75%.

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

REFER VARIOUS ITEMS TO COMMITTEE

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

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December 19, 1994

1) Council Member Johnson presented the matter of extension of 20th Avenue South to Columbia Road; Mayor Polovitz referred this matter to the public service committee for consideration.

MATTER OF DETOX CENTER

Council Member Beach questioned whether it was right approach to detox issue to use committee of 15-20 people; and moved that operational aspects of a detox center be referred to the urban development committee and financial aspects be referred to the finance committee; Council Member Geller seconded the motion.

Council Member Beyer expressed concern whether committee too large, concern with Council Member Beach's motion - everyone looking to the City, if finance committee says we have money, detox committee is going to stop looking at other sources and ideas, and stated to let detox committee work and come up with recommendations.

Council Member Hoeppner noted that no one could come up with solid recommendations before; and Council Member Geller stated that City has budgeted $100,000 for detox center and hasn't done anything.

Council Member Beach asked if they were getting too involved in sub-issues; does council want to deal with this issue? wouldn't have to discard other committee. Mayor Polovitz stated center wouldn't be Taj Mahal and City wouldn't staff. It was noted that last vote was 7-6 against. Council Member Glassheim stated that council didn't vote on detox center, not to approve a particular plan, what we need is one plan to come before council for yes or no vote, financing, location, how operate, etc., council should have coherent plan to vote on in two months.

Council Member Hoeppner declared that this to be a controversial item, and there was no further discussion and no action taken.

VARIOUS ITEMS TO COMMITTEE

2) Council Member Hanson presented the matter of truck traffic at 12th Avenue North and North 20th Street; Mayor Polovitz referred this matter to the public safety committee for consideration.
3) Council Member Glassheim asked that a full and complete investigation be made of the property at 701 North 3rd Street, and the matter was referred to the health and inspection departments.
4) Council Member Carpenter presented the matter of establish of policies relating to three-year remodeling/renovation property tax exemption; and Mayor Polovitz referred the matter to the finance committee.
5) Council Member Carpenter presented the matter of funding retroactive pay; Mayor Polovitz referred the matter to the finance committee.
6) Council Member Carpenter presented the matter of job descriptions for inspection department; and Mayor Polovitz referred the matter to the finance and public service committees.

APPROVE REQUEST TO LOCATE PORTABLE TOILET
FACILITIES NEAR CITY CENTER MALL ON DECEMBER 31
DURING FIRST NIGHT GGF CELEBRATION

Committee No. 2, Public Safety, reported having considered the request from First Night Greater Grand Forks steering committee for permission to locate four portable toilet facilities on sidewalk on southeast corner of City Center Mall on Saturday, December 31, 1994, and recommended that we grant the request.


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December 19, 1994

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

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Michael Polovitz, Mayor