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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, April 3, 1995

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City hall on Monday, April 3, 1995 at the hour of 7;30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Carpenter, Sande, Beyer, Babinchak, Geller, Johnson - 9; absent: Council Members Hanson, Glassheim - 2.

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

APPROVE MINUTES FEBRUARY 21, 1995

Typewritten copies of the minutes of the adjourned meeting of the city council held on Tuesday, February 21, 1995 were presented and read. It was moved by Council Members Sande and Johnson that these minutes be approved as read. Carried 9 votes affirmative.

COUNCIL MEMBERS HAGNESS AND HAMERLIK
REPORTED PRESENT

TABLE ORDINANCE SUSPENDING PROVISIONS OF
SECTIONS 6-0305, 6-0306 AND 6-0307 OF THE
CITY CODE (PLACING TEMPORARY MORATORIUM ON
RECLASSIFICATIONS) UNTIL APRIL 17, 1995

An ordinance entitled "An ordinance temporarily suspending Sections 6-0305 and 6-0306 of the Grand Forks City Code relating to reclassifications and adopting Section 6-0305.1 relating to the same", which had been introduced and passed on its first reading on March 20, 1995, was presented and read for consideration on second reading.

C. T. Marhula, 5124 Belmont Road, member of the Civil Service Commission, stated that there was not any further action on this ordinance necessary at this time, that a joint committee comprised of Council Members Hagness, Beyer and Carpenter, two members of the Civil Service Commission, along with reps. of department heads and employee reps. have been meeting on this matter to work out some solutions to problems that exist with the current reclassification system.

COUNCIL MEMBER KLAVE REPORTED PRESENT

Mr. Marhula stated that the commission stated there will be no further consideration of any reclassifications without action on the part of the council, with the exception of those requests that go back to April of 1992.

It was moved by Council Members Beach and Sande to refer back to the finance committee; however Council Member Carpenter, chairman of the finance committee, stated that the matter had been placed on the finance committee agenda to give everyone an opportunity to speak to the matter; but would be willing to hold to allow Civil Service Commission opportunity to act. Mr. Marhula agreed.

Council Members Beach and Sande withdrew their motion; and Council Members Beyer and Sande moved to table the ordinance indefinitely to allow Civil Service Commission and joint committee time to review and to act.

Mr. Swanson advised that because this is second reading of an ordinance, council doesn't have ability to table indefinitely.
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Council Members Beyer and Sande moved to table the ordinance to April 17,
1995. Carried 12 votes affirmative.

HOLD PUBLIC HEARING AND GRANT 10-YEAR
PROPERTY TAX EXEMPTION FOR ROOSEVELT CENTER
PROJECT BY WINTERGARDEN ASSOCIATES, LLC

The city auditor reported that the notice of public hearing to consider a request by Wintergarden Associates, LLC for a proposed 10-year real property tax exemption pursuant to NDCC 40-58-20(11), that the proposed project will consist of the acquisition of land and the substantial rehabilitation of facilities located at 911 Cottonwood Street into 16 units of multifamily housing and located on the following described real estate: Lots 13, 14, 15, 16, 17, 18, 19, 21, 22, 23 and 24, Block 10, Hackney's Addition to the city of Grand Forks, had been published as required.

Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.

It was moved by Council Member Sande and seconded by Council Member Geller that we do hereby find and determine an insufficiency of protest. Carried 12 votes affirmative.

It was moved by Council Member Hoeppner and seconded by Council Member Beyer that we grant final approval to the request for a 10-year property tax exemption district to assist in the development of multifamily housing at the former Roosevelt School property located at 911 Cottonwood Street. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness -12; voting "nay": none. Mayor Polovitz declared the motion carried.

HOLD PUBLIC HEARING AND APPROVE ALLOCATION
OF FUNDS FOR CDBG PROJECTS FOR 1995

The city auditor reported that the required notice calling for a public hearing to be held this evening on the Community Development Block Grant funds, prioritization and funding, had been published, and that the City of Grand Forks will receive approximately $374,000.00.

Committee No. 4, Urban Development, reported having considered the matter of funding priorities on CDBG (Community Development Block Grant) applications and allocation of funds, and recommended to adopt the following recommendations following ranking of the Citizens' Advisory Committee: #1 Antenna Club, Inc., $5,000; #2 Office of Urban Development (playground equipment), $28,000; #3 Adult Abuse Community Services, $7,200; #4 Shelter for Homeless, Inc., $50,000; #5 Office of Urban Development (acquisition and demolition program), $40,000; #6 Office of Urban Development (riverbank park), $10,000; #7 Grand Forks Public Transportation Department (rehab. bus shelters), $15,000; #8 Grand Forks Head Start Program, $15,000; #9 Senior Citizens Center, $25,000; #10 Office of Urban Development (affordable housing), $90,000; #11 North Valley Arts Council, $69,800; #12 Grand Forks Parking Authority, $4,000; Listen, Inc., $7,500; Contingencies (additional), $7,500; for a total of $374,000.

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

Mayor Polovitz called for the public hearing on the Community Development Block Grant funds proposed budget for 1995 and asked if anyone had comments to present to the council. There were no comments and Mayor Polovitz closed the public hearing.
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Upon roll call the following voted "aye" Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

DETERMINE INSUFFICIENCY OF PROTEST ON
PARKING IMPROVEMENT PROJECT NO. 4285,
DISTRICT NO. 10

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Parking Improvement District No. 10, project No. 4285, had expired on March 17, 1995, and that the public hearing had been continued until this evening and that he had received only one written protest at time protest period expired.

Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make.

Steve Hess, representing the Central Business District Parking Authority, stated they would like to recommend rejection of the bids as previously recommended by the finance committee.

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

Council Member Carpenter introduced the following resolution as to protests which was presented and read: Document No. 6425 - Resolution.

It was moved by Council Member Carpenter and seconded by Council Member Geller that we do hereby find and determine an insufficiency of protest against parking Improvement District No. 10, Project No. 4285, as only one protest was filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

REJECT BIDS FOR PARKING IMPROVEMENT PROJECT
NO. 4285, DISTRICT NO. 10

The city auditor reported that bids for Parking Improvement Project No. 4285, District No. 10, had been opened on March 8, 1995, and that bids were higher than the engineer's estimates.

Committee No. 1, Finance, reported having considered the matter of bids for downtown parking ramp, and recommended to reject bids and that the funds be held over to 1996.

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

Sam Silverman reported that the Central Business District Authority had met and were recommending rejection of the bids.

Don Tingum also reported that the CBD Authority met on the project, recommended rejection of the bids and are asking that funds not be held over until 1996 as they are still considering a project for this year.

It was moved by Council Member Carpenter and seconded by Council Member Geller that the motion be amended to delete the reference to holding the funds over to 1996. Carried 12 votes affirmative.

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

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April 3, 1995

REPORTS OF OFFICERS

The city auditor presented and read the Investment Report for the period ending March 31, 1995. It was moved by Council Member Beyer and seconded by Council Member Sande that this report be and is hereby received and filed. Carried 12 votes affirmative.

COUNCIL MEMBER HAMERLIK EXCUSED

APPROVE BILLS

Vendor Payment Listing No. 95-05, dated April 3, 1995, and totaling $774,111.13, 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 Hoeppner and seconded by Council Member Klave 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, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

COUNCIL MEMBER HAMERLIK REPORTED BACK

REPORT ON CIVIC CENTER PROCESS COMMITTEE

Council Member Carpenter presented brief update, that Christi Stonecipher has
been appointed coordinator for the committee, that the committee met and did adopt a process, that the committee will be meeting Tuesday, April 4, at 7:30 p.m. in City Hall to consider some modifications to that process and set more detail to the plan they will move forward with.

ACCEPT OFFER BY AMERICAN RED CROSS TO
PURCHASE CITY PROPERTY AT SOUTH WASHINGTON
STREET AND 40TH AVENUE SOUTH, AND REFER TO
PLANNING AND ZONING FOR REZONING

Committee No. 1, Finance, reported having considered the offer by the American Red Cross to purchase City property at South Washington Street and 40th Avenue South, and recommended to accept the offer of $40,000, subject to the following contingencies: rezoning of the property, and approval by their national organization, with a closing date no later than August 1, 1995.

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

Committee No. 1, Finance, reported having considered the matter of sale of property at South Washington Street and 40th Avenue South (Lot 1, Block 1, Flaat-Mikkelson Addition), and rezoning of the property from R-2 to R-4 District, and recommended that we refer the rezoning request to the Planning and Zoning Commission.

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

AUTHORIZE PURCHASE OF COMPUTER FOR DIAL-A-
RIDE OFFICE
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April 3, 1995

Committee No. 1, Finance, reported having considered the matter of purchase of computer for Dial-A-Ride, and recommended that we approve purchase of the computer, with monies from the Computer Capital Replacement Fund, with the intent that Dial-A-Ride budget monies in next year's budget and reimburse that Fund.

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

AUTHORIZE SIGNING OF AGREEMENTS AND TRANSFER
OF FUNDS TO INVEST AMERICA VENTURE GROUP, INC.

Committee No. 1, Finance, reported having considered the matter of documents for the North Dakota Small Business Investment Company and transfer of allocated funds, and recommended to authorize the city council to transfer ownership of its interest in the Fund from the City of Grand Forks to the Growth Fund, and that the appropriate Growth Fund officials be authorized to sign the documents.

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

APPROVE JOINT POWER AGREEMENT WITH CITY
OF EAST GRAND FORKS FOR RIVER FORKS COMMISSION

Committee No. 1, Finance, reported having considered the matter of Joint Powers Agreement for River Forks Commission, and recommended to authorize the mayor to enter into the Joint Power Agreement with the City of East Grand Forks.

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

APPROVE APPLICATION BY WESTWARD HO FOR
SPECIAL ALCOHOLIC BEVERAGE PERMIT

Committee No. 2, Public Safety, reported having considered the application by Best Western Westward Ho Motel for special alcoholic beverage license at Purpur Arena on April 29-30 for Motorcycle Show and Swap Show sponsored by ABATE (American Bikers Aiming Toward Education), and recommended to approve the application.

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

APPROVE REQUEST BY ST. MICHAEL'S CHURCH
TO HOLD PRAYER PROCESSION ON MAY 1

Committee No. 2, Public Safety, reported having considered the request by St. Michael's Church to hold prayer procession on May 1 around the block (from 6th Street to 6th Avenue, over to 7th Street, down 7th Street and back on 5th
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Avenue to the front of the Church), and recommended to approve the request, contingent upon coordinating the event with the police department.

It was moved by Council Members Sande and Johnson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCE RELATING TO PARKING OF
TRUCKS TRANSPORTING FLAMMABLE/HAZARDOUS
MATERIALS ON ROADWAY

Committee No. 2, Public Safety, reported having considered the matter of request by fire department to amend Section 12-0407 of the City Code relating to trucks transporting flammable and hazardous substances within the city, and recommended to introduce an ordinance amending Section 12-0407 of the Grand Forks City Code relating to parking of vehicles transporting flammable/hazardous materials on roadway, with fire department and city attorney drafting exceptions to the ordinance.

It was moved by Council Members Sande and Johnson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Sande introduced an ordinance entitled "An ordinance amending Sections 12-0403, 12-0404, and 12-0407 and adopting Section 12-0408 of the Grand Forks City Code relating to trucks", which was presented, read and passed on its first reading.

ADOPT RESOLUTION RECOGNIZING THE NINETY-NINES,
INC. AS PUBLIC-SPIRITED ORGANIZATION ELIGIBLE
TO CONDUCT GAMING, AND APPROVE APPLICATION

Committee No. 2, Public Safety, reported having considered the application for gaming permit by The Ninety-Nines, Inc., NW Section UND Chapter of International Organization of Women Pilots, UND, for a raffle on October 14, 1995, and recommended that we adopt a resolution recognizing this organization as a public-spirited organization eligible to conduct games of chance, and to approve the application for permit.

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

Council Member Sande introduced the following resolution which was presented and read: Document No. 6426 - Resolution.

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

ADOPT RESOLUTION RECOGNIZING THE RED RIVER
SOCIETY OF RADIOLOGICAL TECHNOLOGISTS AS
PUBLIC-SPIRITED ORGANIZATION ELIGIBLE TO
CONDUCT GAMING, AND APPROVE APPLICATION

Committee No. 2, Public Safety, reported having considered the application for gaming permit by Red River Society of Radiological Technologists for raffle May 1 through May 31, 1995, and recommended that we adopt a resolution recognizing this organization as a public-spirited organization eligible to conduct games of chance, and to approve the application for permit.

It was moved by Council Members Sande and Johnson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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Council Member Sande introduced the following resolution which was presented and read: Document No. 6427 - Resolution.

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

INTRODUCE ORDINANCE RELATING TO WASTEWATER
DISPOSAL

Committee No. 3, Public Service, reported having considered the proposed ordinance relating to wastewater disposal, and recommended to approve the proposed ordinance, and to introduce for first reading.

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

Council Member Hagness introduced an ordinance entitled "An ordinance amending Article II of Chapter XV of the Grand Forks City Code relating to wastewater disposal", which was presented, read and passed on its first reading.

AUTHORIZE ENTERING INTO AGREEMENT WITH STATE
RE. PAYMENT PROCESS FOR PROJECT NO. 3945, U.S.
HIGHWAY 2 BEAUTIFICATION

Committee No. 3, Public Service, reported having considered the request from the North Dakota Department of Transportation for change in contractor payment process for Project No. 3945, U.S. Highway 2 Beautification, and recommended to authorize entering into an agreement with the North Dakota Department of Transportation providing for the payment process for Project No. 3945, State Project No. HDP 9243(001).

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

APPROVE PLANS AND SPECIFICATIONS FOR PILOT
TEST OF EQUIPMENT AT WATER RECLAMATION PLANT
AND AUTHORIZE CALL FOR BIDS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for pilot test of filter belt press equipment at water reclamation plant, and recommended to approve plans and specifications and to call for bids.

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

APPROVE PLANS AND SPECIFICATIONS, AND AUTHORIZE
CALL FOR BIDS FOR REPLACEMENT OF ROOM SYSTEM AT
WATER RECLAMATION PLANT

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for re-roofing of water reclamation plant, Project No. 4328, and recommended to approve plans and specifications, and to call for bids.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
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April 3, 1995

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR PRIVATE INSTALLATION OF UTILITIES IN
CITY R/W IN COLUMBIA PARK 15TH ADDITION

Committee No. 3, Public Service, reported having considered the matter of
request to install utilities in City right of way in Columbia Park 15th Addition, and recommended to authorize private installation of utilities in City right of way, contingent upon filing of the plat, and authorize the City to enter into a three-way agreement with the developer and engineer.

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

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR PRIVATE INSTALLATION OF UTILITIES IN
CITY R/W IN DEMERS 8TH ADDITION

Committee No. 3, Public Service, reported having considered the matter of request to install utilities in City right of way in DeMers 8th Addition, and recommended to authorize private installation of utilities in City right of way, contingent upon filing of the plat, and to authorize the City to enter into a three-way agreement with the developer and engineer.

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

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR PRIVATE INSTALLATION OF UTILITIES IN
CITY R/W IN SUNLAND WEST 2ND RESUBDIVISION;
THAT CITY SPECIAL ASSESS PAVING IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the request to install utilities in City right of way in Sunland West 2nd Resubdivision, along 7th Avenue North, west side, between North 51st and North 55th Streets, and recommended to authorize private installation of utilities in City right of way, contingent upon filing of the plat, and to authorize the City to enter into a three-way agreement with the developer and engineer.

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

Committee No. 3, Public Service, reported having considered the request to install utilities (sanitary sewer and watermain) in City R/W and construct paving on 6th Avenue North between North 51st and North 55th Streets, and that improvements be 100% special assessed, and recommended to approve request for improvements, that improvements on 7th Avenue North be accepted in lieu of upfront monies, and to refer to the city engineering department.

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

AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR PRIVATE INSTALLATION OF UTILITIES IN
PERKINS 2ND ADDITION

Committee No. 3, Public Service, reported having considered the request to install utilities in City right of way in Perkins 2nd Addition, and
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recommended to authorize installation of utilities within City rights of way and to authorize City to enter into three-way agreement with the developer and engineer, contingent upon filing of the plat.

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

AUTHORIZE ENGINEER TO PROCEED WITH PAVING
IN COLUMBIA PARK 15TH ADDITION

Committee No. 3, Public Service, reported having considered the request for special assessment project in Columbia Park 15th Addition for paving, and recommended to authorize engineering department to proceed to create a special assessment district.

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

AUTHORIZE ENGINEER TO PROCEED WITH SPECIAL
ASSESSMENT PROJECT FOR UTILITIES IN MIGHTY
ACRES

Committee No. 3, Public Service, reported having considered the matter of request for special assessment project in Mighty Acres for sewer and paving, and recommended to authorize engineering department to proceed to create a special assessment district.

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

GRANT EASEMENT FOR SANITARY SEWER

Committee No. 3, Public Service, reported having considered the sanitary sewer easement for private sewer to serve RentAll and Mini-Stor, 10 ft. on each side of the lot line common to Lots 1 and 2, Block 1, Flaat-Mikkelson Addition, located north of 40th Avenue South between the former north/south service road and South 11th Street, for and in consideration of the sum of $1.00, City of Grand Forks grantor, Forx RentAll, grantee, and recommended that the easement be granted and that we authorize proper City officials to sign said easement.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, WATERMAIN
PROJECT NO. 4237, DISTRICT NO. 234

The city auditor presented and read tabulation of bids which had been received and opened on March 27, 1995 for Watermain Project No. 4237, District No. 234, watermain on South 34th Street from Duke Drive to 11th Avenue South, indicating that Duckstad Contracting, Inc. was low bidder based upon their bid in the amount of $64,461.60: Document No. 6428 - Bid Tabulation.

The city engineer's estimate of total cost on Watermain Project No. 4237, District No. 234, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of
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construction bids for Project No. 4237, District No. 234, watermain on South 34th Street, and recommended that we accept the low bid of Duckstad Contracting, Inc. in the amount of $64,461.60.

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

Council Member Babinchak asked to be excused from voting on this matter. It was moved by Council Member Sande and seconded by Council Member Beyer that Council Member Babinchak be excused from voting. Carried 11 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Member Babinchak excused from voting.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6429 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution awarding the contract for Watermain Project No. 4237, District No. 234, be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Geller, Johnson, Hagness - 11; voting "nay": none; and Council Member Babinchak excused from voting. Mayor Polovitz declared the resolution adopted and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, WATERMAIN PROJECT NO.
4214, DISTRICT NO. 232

The city auditor presented and read tabulation of bids which had been received and opened on March 27, 1995 for Sewer Project No. 4214, District No. 232, watermain on 11th Avenue South from South 38th to South 40th Street, on South 40th Street from 11th to 14th Avenue South, and on 14th Avenue South from Norland Circle to South 40th Street, indicating that Duckstad Contracting, Inc. was low bidder based upon their bid in the amount of $99,275.00: Document No. 6430 - Bid Tabulation.

The city engineer's estimate of total cost for Watermain Project No. 4214, District No. 232, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4214, District No. 232, watermain on 11th Avenue South/South 40th Street, and recommended that we accept the low bid of Duckstad Contracting, Inc. in the amount of $99,275.00.

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

Council Member Babinchak asked to be excluded from voting on this matter. It was moved by Council Member Sande and seconded by Council Member Beyer that Council Member Babinchak be excused from voting. Carried 11 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Member Babinchak excused from voting.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6431 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave
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that this resolution awarding the contract for Watermain project No. 4214, District No. 232, be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik Carpenter, Sande, Klave, Beyer, Geller, Johnson, Hagness - 11; voting "nay": none; and Council Member Babinchak excused from voting. Mayor Polovitz declared the
resolution adopted and the contract awarded.

REFER MATTER OF BIDS FOR SEWER PROJECT
NO.4215 BACK TO COMMITTEE

The city auditor presented and read tabulation of bids which had been received and opened on March 27, 1995 for Sewer Project No. 4215, District No. 349, storm sewer on 11th Avenue South/South 40th Street, indicating that Schipper Construction, Fargo, was low bidder based upon their bid in the amount of $67,531.00: Document No. 6432 - Bid Tabulation.

The city engineer's estimate of total cost for Sewer Project No. 4215, District No.349, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4215, District No. 349, storm sewer on 11th Avenue South/South 40th Street, and recommended that we accept the low bid of Schipper Construction, Fargo, in the amount of $67,531.00.

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

Council Members Hagness and Hamerlik asked that this matter be referred back to committee for further consideration; Mayor Polovitz referred the matter back to public service committee.

REVISE SPECIAL ASSESSMENT DISTRICT FOR
SEWER DISTRICT NO. 357, PROJECT NO. 4291

Committee No. 3, Public Service, reported having considered the matter of revising special assessment district for Project No. 4291, District No. 357, storm sewer on 47th Avenue South, Chestnut Street and in Mighty Acres, and recommended that the assessment district as adopted on March 20, 1995, be expanded to include all of Sunbeam 3rd Addition, which includes the Belmont Patio Homes complex, all of Block 6, Sun Beam Addition, and all of Woodland Estates Addition.

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

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6432 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, SEWER
PROJECT NO. 4291, DISTRICT NO. 357

The city engineer's estimate of total cost of the construction of storm sewer on 47th Avenue South between Belmont Road and Cherry Street, on Chestnut Street between 47th Avenue South and 55th Avenue South, 49th Avenue South between Chestnut Street and Cherry Street, and on Barley Court, in the amount of $ , was presented and read.
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Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4291, District No. 357, storm sewer on 47th Avenue South, Chestnut Street and Mighty Acres, and recommended that we pass a resolution approving the plans and specifications for this
construction and further that the city auditor be directed to advertise for bids on the project.

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

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6433 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING DISTRICT NO. 103, PROJECT NO. 4308

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for street lighting in Mighty Acres, Project No. 4308, District No. 103, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 6434 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
DISTRICT NO. 103, PROJECT NO. 4308

The city auditor presented and read the engineer's report on Street Lighting District No. 103, Project No. 4308: Document No. 6435 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
DISTRICT NO. 103, PROJECT NO. 4308

Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 6436 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter,
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April 3, 1995

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING DISTRICT NO. 104, PROJECT NO. 4309

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for street lighting, Project No. 4309, District No. 104, street lighting on 11th Avenue South from 30th to 38th Street, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6437 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
DISTRICT NO. 104, PROJECT NO. 4309

The city auditor presented and read the engineer's report for Street Lighting Project No. 4309, District No. 104: Document No. 6438 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING DISTRICT NO. 104, PROJECT NO. 4309

Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 6439 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, STREET LIGHTING DISTRICT NO. 106,
PROJECT NO. 4311

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for street lighting, Project No. 4311, District No. 106, street lighting on South 36th Street from 22nd Avenue South to 24th Avenue South, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.
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April 3, 1995

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

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 6440 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
DISTRICT NO. 106, PROJECT NO. 4311

The city auditor presented and read the engineer's report on Street Lighting District No. 106, Project No. 4311: Document No. 6441 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
DISTRICT NO. 106, PROJECT NO. 4311

Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 6442 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, STREET LIGHTING DISTRICT NO. 107,
PROJECT NO. 4329

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for street lighting, Project No. 4329, District No. 107, street lighting on North 36th Street from Gateway Drive to pasta plant, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map,and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 6443 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.
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April 3, 1995

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
DISTRICT NO. 107, PROJECT NO. 4329

The city auditor presented and read the engineer's report for Street Lighting District No. 107, Project No. 4329: Document No. 6444 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING DISTRICT NO. 107, PROJECT NO. 4329

Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 6445 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, STREET LIGHTING DISTRICT NO. 108,
PROJECT NO. 4323

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for street lighting, Project No. 4323, District No. 108, street lighting on North 47th Street from 6th to 12th Avenues North, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 6446 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
DISTRICT NO. 108, PROJECT NO. 4323

The city auditor presented and read the engineer's report on Street Lighting District No. 108, Project No. 4323: Document No. 6447 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
DISTRICT NO. 108, PROJECT NO. 4323

Council Member Hamerlik introduced the following resolution of necessity,
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April 3, 1995

which was presented and read: Document No. 6448 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, STREET LIGHTING DISTRICT NO. 109,
PROJECT NO. 4343

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for street lighting, Project No. 4343, District No. 109, street lighting on South 34th Street and 30th Avenue South, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map,and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 6449 - Resolution.

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

ACCEPT ENGINEER'S REPORT, STREET LIGHTING
DISTRICT NO. 109, PROJECT NO. 4343

The city auditor presented and read the engineer's report on Street Lighting District No. 109, Project No. 4343: Document No. 6450 - Report.

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

ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING DISTRICT NO. 109, PROJECT NO. 4343

Council Member Hamerlik introduced the following resolution, which was presented and read: Document No. 6451 - Resolution.

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

RECEIVE STATUS REPORT ON RED RIVER FLOOD
PROTECTION STUDY BY CORPS OF ENGINEERS, AND
AUTHORIZE CORPS TO PROCEED WITH PHASE II

Committee No. 3, Public Service, reported having considered the status report on Red River Flood Protection Study by Corps of Engineers, and recommended acceptance of the study to date and authorization to proceed with Phase II.

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April 3, 1995

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

Ken Vein, city engineer, reported there are five phases to the study, that Corps has finished the first phase and are asking for authorization to proceed with Phase II. He stated that City has received significant benefit from the study, including topographic map of the city, and they are recommending going through planning stage.

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

APPROVE ALLOCATION OF FUNDS FOR 1995
BEAUTIFICATION PROJECTS

Committee No. 4, Urban Development, reported having considered the matter of allocation of funding for Beautification Projects, and recommended allocation of funding as follows: #1 Central Business Dist. Assn., RR footbridge lighting, $15,000; #2 GGF Convention & Visitors Bureau, landscaping, $6,000; #3 GGF Convention & Visitors Bureau, signage, $6,000; #4 GF Central Business Dist. Assn., hanging flower planters, $3,500; #5 GF Park District, landscape west DeMers), $2,000; #6 GF Park District (Adopt an Area program), $7,500; #7 GF Park District (Independence Park), $2,500; #10 UND Plant Services, University Avenue beautification, $6,000; #11 GF Substance Abuse & Traffic Safety Council, First Night celebration, $6,000; #16 Mayor's Office, city Christmas tree lighting, $4,000; #17 Urban Development, Royce LaGrave park, $7,000; #18 Urban Development, bikepath fence S. 5th St. to 1st Ave.S., $1,000; Urban Development, Ishim Park, flagpoles, $6,000; and Contingencies, reserve, $8,085.00, for a total of $80,585.00.

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

Marijo Deitz Whitcomb, 2209 University Avenue, reviewed project for lighting of footbridge which links two communities together, that originally they asked for $30,000, and were asking for consideration of the additional funds.

Council Member Beach reported that the Urban Development Committee had applications totaling $154,000, that this project funded at twice level of any other applicant and by funding $15,000 project has good start; that other applicants good projects also, and committee spread funds as widely as could. He also noted that this project prime candidate for funding from the Riverforks Commission.

Ken Vein, city engineer, reported that the City maintains the footbridge; have inspected, though not an in-depth study, and bridge still in good shape.

There was some discussion regarding items #2 and #3 for Convention & Visitors Bureau for a total of $12,000. Ben Hart of the Convention & Visitors Bureau reported they had request for additional landscaping, but cut back on these items; that they went over budget on their building project.

It was moved by Council Member Hagness and seconded by Council Member McCabe to increase allocation for Central Business District Assn. for the railroad footbridge lighting by $15,000 out of the contingencies.

There was discussion re. the motion, and Mayor Polovitz suggested they may request from the Riverforks Commission, rather than impact other projects. Council Member Beach urged defeat of the amendment.
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April 3, 1995

After further discussion, and upon call for the question on the amendment, and upon voice vote, the motion failed; Council Member Hagness voted in favor of the amendment.

John Staley, Park District, reported they will be administering three projects, but expressed concern re. Item #5, landscape west DeMers, that last year they requested $12,400 to plant trees out there - from 42nd west to Amtrak Station, both sides of the street, project not completed so had carryover of funds, and in discussing with businesses, he has had requests to plant trees to the east and that's what the additional monies were for this year, $5,600 ($2,000 allocated) and asked council to restore $3,600 to grant entire amount. He stated they are getting lot of support for the project from the businesses and organizations.

Council Member Beach reported that rationale that applied to this application was that this area could be potential site of new civic center (area between 42nd Street and I-29) and would be prudent to leave that area alone until resolved the civic center issue. Mr. Staley stated they had not included that area in their plan.

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

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 267, dated March 31, 1995, and totaling $485,352.78, was presented and read.

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

APPROVE APPOINTMENT TO PENSION COMMITTEE

Mayor Polovitz announced the appointment of Richard Duquette to the Pension Committee (as elected by the employees). It was moved by Council Member Hagness and seconded by Council Member Geller that this appointment be and is hereby approved. Carried 12 votes affirmative.


APPROVE APPOINTMENT OF MEMBERS OF RIVER
FORKS COMMISSION

Mayor Polovitz announced the appointment of the River Forks Commission representing Grand Forks: Council Member Glassheim, Steve Hess, Beth Bouley and Kathleen Lander Moore and asked for concurrence in these appointments. He also reported that appointments made by the City of East Grand Forks were Maury Finney, Dave Homstad, Robert "Punky" Beauchamp and Sister Marguerite Streifel. It was moved by Council Member McCabe and seconded by Council Member Beach that these appointments be and are hereby approved. Carried 12 votes affirmative.

AUTHORIZE PURCHASE OF PROPERTY AT 613 8TH
AVENUE SOUTH UNDER INFILL HOUSING DEMONSTRA-
TION PROGRAM
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April 3, 1995

John O'Leary, executive director, office of urban development, reported that the Urban Development Office had been notified by the Department of Housing and Urban Development of a residence held in their reposition inventory, offering the Grand Forks Housing Authority first opportunity to purchase the HUD held property at a discounted price, and requested that the council grant the Grand Forks Housing Authority $28,800 under the Infill Housing Demonstration program to provide the funding necessary to acquire the property located at 613 8th Avenue South. He reported that they would have the inspection department look at the building to determine whether to demolish; that house may have some value to move to another site; if not, they would demolish the house and construct a 3-bedroom house which would then be sold to an eligible household.

It was moved by Council Member Hagness and seconded by Council Member Hoeppner that this request to purchase the property at 813 8th Avenue South for $28,800 with CDBG funds be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; 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:
1) Council Member Sande asked that the matter of enforcement of the sign ordinance in B-3 areas be referred to committee, that she had received complaint re. sign at 13th and South Washington Street being over-sized. Mayor Polovitz referred the matter to the inspection department.
2) Council Member Carpenter presented the matter of decline in bus ridership
and asked that the bus committee look into this and report back. Mr. Vein reported that old route structure replaced year ago, and fare increase.
3) Mr. Swanson reported on legislative update: that of the five bills sponsored by the City, four passed without opposition; the fifth bill, House Bill #1362, dealing with city officers, was amended, and is awaiting action by the House.

ADOPT RESOLUTION RECOGNIZING ASSN. OF
RESIDENCE HALLS (ARH) PROGRAMMING COUNCIL
AS PUBLIC-SPIRITED ORGANIZATION ELIGIBLE TO
CONDUCT GAMING, AND APPROVE PERMIT

Committee No. 2, Public Safety, reported having considered the application for gaming permit by Assn. of Residence Hall (UND) & Programming Council, UND for raffle on April 5, 1995, and recommended that we adopt a resolution recognizing this organization as a public spirited organization eligible to conduct games of chance, and approve the application for permit.

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

Council Member Sande introduced the following resolution which was presented and read: Document No. 6452 - Resolution.

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

DENY APPLICATION FOR GAMING PERMIT BY
ARMY AVIATION ASSN. OF AMERICA & CENTER FOR
AEROSPACE SCIENCES, UND

Committee No. 2, Public Safety, reported having considered the application by
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April 3, 1995

Army Aviation Assn. of America & Center for Aerospace Sciences, Department of Military Science, UND for raffle permit for April 8, 1995, and recommended that we adopt a resolution recognizing this organization as a public-spirited organization eligible to conduct games of chance, and approve the application for raffle contingent upon review and approval of 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, reported that he has reviewed the application, that he cannot find that it is an eligible organization, that they have not submitted charter or by-laws nor do they show they are separate organization existing in the state for more than two years, and on basis of the application he finds it cannot be approved. He advised that committee approved contingent upon his review, and that his opinion is that committee and council can take whatever action they deem appropriate.

Upon call for the question and upon voice vote, the motion was defeated.

INTRODUCE ORDINANCE RELATING TO MEMBERSHIP
OF GRAND FORKS GROWTH FUND

The city auditor presented the matter from the Grand Forks Growth Fund Authority who considered the matter of the mayor serving as an ex-officio member of the Growth Fund and recommended that the mayor be an ex-officio member of the Growth Fund Authority.

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

Mr. Swanson advised that council members are ex-officio members because they serve by reason of their position, that ordinance would include in the make-up of the authority, the mayor and all council members.

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

Council Member Beyer introduced an ordinance entitled "An ordinance amending Sections 24-0105, 24-0106 and 24-0110 of the Grand Forks City Code relating to the Grand Forks Growth Fund", which was presented, read and passed on its first reading.

ADJOURN

It was moved by Council Member Beach and seconded by Council Member Hagness that we do now adjourn until Monday, April 17, 1995 at 7:30 p.m. Carried 12 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Michael Polovitz, Mayor