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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, April 17, 1995

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, April 17, 1995 at the hour of 7:30 o'clock p.m. with President Hagness presiding. Present at roll call were Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Beyer, Babinchak, Johnson, Hagness - 11; absent: Council Members McCabe, Geller - 2.

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

PRESENTATION OF PLAQUES

President Hagness presented plaque and expressed appreciation to Sheriff's Deputy Jenny Gustafson for presentation of alcohol and drug programs to schools and community.

President Hagness presented plaque to Sheila Bruhn and others for First Night celebration and expressed appreciation of community.

COUNCIL MEMBER BEYER EXCUSED

APPROVE MINUTES MARCH 6, 1995

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, March 6, 1995 were presented and read. It was moved by Council Member Babinchak and seconded by Council Member Johnson that these minutes be approved as read. Carried 10 votes affirmative.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3510, TO AMEND STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF COLUMBIA PARK 24TH 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 Columbia Park 24th Addition, being a part of the Southwest Quarter of the Northwest Quarter of Section 21, 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 February 6, 1995, and upon which public hearing had been continued until this evening, was presented and read for consideration upon final passage.

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

The City Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Art Greenberg, Jr., for final approval of the plat of Columbia Park 24th Addition to the city of Grand Forks, ND, being a part of the Southwest Quarter of the Northwest Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian (located between South 26th Street and South Columbia Road and between South 36th Street and South 38th Street), and recommended final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance amending the Street and Highway Plan.

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

Upon call for the question of adoption of this ordinance and upon roll call, the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Johnson, Hagness - 10; voting "nay": none. President Hagness declared the ordinance adopted.

ADOPT ORDINANCE NO. 3511, TO AMEND ZONING
MAP TO INCLUDE WITHIN B-1 (LIMITED BUSINESS)
DISTRICT ALL OF KOBETSKY AND SCHOEN'S FIRST
RESUBDIVISION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the I-1 (Limited Industrial) District and to include within the B-1 (Limited Business) District, all of Kobetsky and Schoen's First Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 6, 1995, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

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

The City Planning and Zoning Commission reported having considered the matter of the request from Schoen Associates, Inc. on behalf of Winter Garden Associates, LLC, for final approval of an ordinance to amend the Zoning Map to exclude from the I-2 (Limited Industrial) District and to include within the B-1 (Limited Business) District all of Kobetsky and Schoen's First Resubdivision to the city of Grand Forks, ND (located at 901 University Avenue, old Kedney Warehouse building), and recommended approval and final passage of the ordinance amending the zoning map.

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

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Johnson, Hagness - 10; voting "nay": none. President Hagness declared the ordinance adopted.

COUNCIL MEMBERS BEYER AND SANDE REPORTED
PRESENT

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3512, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF PERKINS 2ND 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 Perkins 2nd Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 6, 1995, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

The City Planning and Zoning Commission reported having considered the matter
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of the request from ReKard Development Corporation on behalf of Perkins Land Corporation for final approval of the plat of Perkins 2nd Addition to the city of Grand Forks, North Dakota, being a part of the Northeast Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian (located south of 32nd Avenue South between South 31st Street and South 34th Street), and recommended final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance amending the Street and Highway Plan.

It was moved by Council Member Hanson and seconded by Council Member Beyer 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, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3513, AMENDING CHAPTER
12 OF THE CITY CODE RELATING TO TRUCKS

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 had been introduced and passed on its first reading on April 3, 1995, 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, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried and the ordinance adopted.

POSTPONE SECOND READING AND FINAL ACTION
ON INTRODUCED ORDINANCE RE. WASTEWATER
DISPOSAL

An ordinance entitled "An ordinance amending Article II of Chapter XV of the Grand Forks City Code relating to wastewater disposal", which had been introduced and passed on its first reading on April 3, 1995, was presented and read for consideration on second reading.

It was moved by Council Member Beyer and seconded by Council Member Klave that second reading of the ordinance be postponed to June 19, 1995.

Howard Swanson, city attorney, reported that this item needs EPA concurrence before we can adopt it finally, and anticipate to receive that in June of 1995; until we receive that it would be inappropriate to provide second reading.

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

ADOPT ORDINANCE NO. 3514, RELATING TO GRAND
FORKS GROWTH FUND

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 had been introduced and passed on its first reading on April 3, 1995, was presented and read for consideration on second reading and final passage.
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Mr. Swanson reported that the ordinance as originally introduced would amend Section 24-0105 to include the mayor as a member, that there were several editorial changes that he made to include in this ordinance, in Section 24-0106 clarified that secretary/treasurer is one combined office as was elected; and also in Section 24-0110 the authority was incorrectly named and corrected the name, and recommended amending the ordinance as introduced, and to adopt the ordinance as amended.

It was moved by Council Member Beach and seconded by Council Member Babinchak to amend the ordinance as proposed by Mr. Swanson. Carried 12 votes affirmative.

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, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried and the ordinance adopted.

DEFEAT ORDINANCE TEMPORARILY SUSPENDING
PROVISIONS OF THE CODE RE. RECLASSIFICATIONS

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 first reading on March 20, 1995, was presented and read for consideration on second reading.

Council Member Carpenter reported that the Civil Service Commission did adopt a moratorium on reclassifications through December 31, 1995, and to allow consideration of only those requests submitted prior to April 1, 1992 and not to allow any others, and urged defeat of the ordinance.

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

HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY OF
PROTEST, AND DIRECT THAT RESOLUTION OF ANNEXATION
OF AMUNDSON'S SECOND RESUBDIVISION BE FILED AND
ANNEXATION ACCOMPLISHED

The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed March 6, 1995, annexing all of Amundson's Second Resubdivision, and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.

The city auditor exhibited the affidavit of publication indicating publication on March 14 and 21, 1995. The city auditor further reported that no written protests had been filed with his office.

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

It was moved by Council Member Hanson and seconded by Council Member Beyer that a finding of insufficiency of protest to the annexation be entered. Carried 12 votes affirmative.
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It was moved by Council Member Babinchak and seconded by Council Member Hamerlik that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the Resolution of Annexation, with appropriate map, as was presented on March 6, 1995. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried and the annexation accomplished.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Hoeppner and seconded by Council Member Babinchak that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back with recommendation.
Carried 12 votes affirmative.

Public Safety Committee:
1) request for handicapped parking at 525 North 25th Street (on 6th Avenue N. side).
2) matter of safety problem on curve at intersection at 17th Avenue South and South 42nd Street.

REPORT OF BOARD OF ADJUSTMENTS

A communication from Bruce Melin, secretary, Board of Zoning Adjustments, was presented and read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Thursday, March 30, 1995, that notice had been published as required and that the following appeals were heard: 1) St. Mark's Evangelical Lutheran Church, 715 24th Avenue South, request for variance for a reduction to the 30 ft. setback requirement to erect an addition, with a variance to the west side of 6'8" from 30' to 23'4" and a variance on the south side of 4'4" from 30' to 25'8" allowed; 2) MDI Limited Partnership, 823 Lewis Blvd. #35, request for variance to the curb and landscaping requirements to erect an addition, with a motion approved to accept the existing trees and an additional three pine trees to provide the required buffer yards, to allow the elimination of curbing adjacent to the parking areas to allow the tenants easier access to the grassed area; 3) Daniel Walker, 810 Campbell Drive, request for variance to the accessory building requirements to construct a storage building, with a motion approved to allow an increase of 300 sq. ft. from 1000 sq. ft. to 1300 sq.ft. for a detached accessory building, total square footage includes an existing detached garage and an addition to this garage.

It was moved by Council Member Babinchak and seconded by Council Member Sand that this report be and is hereby received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-06, dated April 17, 1995, and totaling $1,134,279.97, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

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


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SET PUBLIC HEARING ON APPLICATION BY
PROMARK ONE MARKETING FOR FIVE-YEAR PROPERTY
TAX EXEMPTION FOR PROPOSED EXPANSION AT 4324
UNIVERSITY AVENUE, AS MAY 15, 1995

Committee No. 1, Finance, reported having considered the application by ProMark One Marketing for five-year property tax exemption on proposed expansion at 4324 University Avenue, and recommended to grant the five-year tax exemption as follows: 100% for the first year, 80% for the second year, 60% for the third year, 40% for the fourth year and 20% for the fifth year subject to the public hearing, and further that the public hearing be set for Monday, May 15, 1995.

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

It was noted that ProMark One Marketing has also submitted application to the Growth Fund.

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

APPROVE APPLICATIONS FOR 3-YEAR REMODELING
EXEMPTION

Committee No. 1, Finance, reported having considered the applications for 3-year remodeling exemption on the following properties: a) 715 Lewis Boulevard, b) 2475 South Washington Street, c) 1901 32nd Avenue South, d) 905 North 25th Street, and e) 120 North 4th Street/302 2nd Avenue North, and recommended to approve the applications, with exceptions as noted by the assessor.

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

APPROVE RFQ FOR WAGE STUDY CONSULTANT, AND
AUTHORIZE COMMITTEE TO EVALUATE PROPOSALS

Committee No. 1, Finance, reported having considered the matter of RFQ for wage study consultant, and recommended to approve the Request for Qualifications for consultant to perform wage study for the City of Grand Forks.

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

Committee No. 1, Finance, reported having considered the matter of joint committee on wage study, and recommended to request the mayor to authorize this committee to evaluate the proposals and provide recommendation to the city council on the selection of a consultant to do the wage study.

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

ACCEPT BIDS FOR CITY FLAGS

Committee No. 1, Finance, reported having considered the matter of bids for
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city flags, and recommended to accept the bid of Deitz Business Promotions for 50 3'x5' nylon outdoor flags in the amount of $1,961.65, and 500 4"x6" muslin desk flags at a cost of $1,006.50 (prices include set-up costs); and further that the monies to purchase the flags be made from the Loan & Stabilization Fund, to be reimbursed from the sale of the flags through the civic auditorium and with administrative costs to be determined.

It was moved by Council Member Babinchak and seconded by Council Member Beyer 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, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

APPROVE BUDGET AMENDMENTS

A request to amend the City Hall budget in the amount of $259.00 to replace picture in office, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Beyer that this amendment be and is hereby approved. Carried 12 votes affirmative.

A request to amend the budget in the amount of $24,000 to cover engineer/architect costs, EAPC, for Parking Ramp project, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Beyer that this amendment be and is hereby approved. Carried 12 votes affirmative.

APPROVE REQUEST BY AMERICAN HEART ASSN.
TO HOLD ANNUAL BIKE-A-THON ON MAY 20

Committee No. 2, Public Safety, reported having considered the request by American Heart Assn. to hold annual bike-a-thon on May 20, 1995, and recommended to approve the request.

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 FOR AMENDMENT TO CLASS 3
(BEER AND WINE) LICENSE AT 425 NORTH 42ND
STREET TO ALLOW SERVICE ON PATIO/DECK
ADJACENT TO BUILDING

Committee No. 2, Public Safety, reported having considered the request for amendment to the Class 3 (Beer and Wine) license at 425 North 42nd Street to allow service on patio/deck adjacent to the building, and recommended to approve the request.

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.

AUTHORIZE REMOVING PARKING ON EAST SIDE OF
NORTH 3RD STREET FROM LEWIS BOULEVARD NORTH ONE
BLOCK DURING CONSTRUCTION PROJECT

Committee No. 2, Public Safety, reported having considered a request by Dave Hillerud, Structures, Inc., to use parking lane on east side of North 3rd Street from Lewis Boulevard north one block for demolition and construction of new Grand Forks Public School District maintenance building, and recommended to approve the request; that Structures, Inc. coordinate signing with the traffic engineer; that a communication be sent to the Public School District
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safety officer, Rolland Scott, requesting cooperation in the matter of parking, with employees parking at Western Auto lot whenever possible; and to maintain bikepath to accommodate needs of pedestrians.

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.

ACCEPT BIDS FOR MOSQUITO CONTROL

Committee No. 2, Public Safety, reported having considered the matter of purchase of insecticide for mosquito control, and recommended to authorize the health department to purchase up to 20 gal. of Solo 40-OS insecticide at $410/gal. from Public Health Supply, San Antonio, TX

It was moved by Council Member Sande and seconded by Council Member Johnson 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, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

Committee No. 2, Public Safety, reported having considered the matter of purchase of insecticide generator for mosquito control, and recommended to authorize the health department to purchase the electric ultra-low volume insecticide generator from Beecomist, Telford, PA

It was moved by Council Member Sande and seconded by Council Member Johnson 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, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

APPROVE BUDGET AMENDMENTS

A request to amend the Health Department budget for Communicable Disease in the amount of $5,333, cash carryover of unexpended funds in operations and maintenance, was presented. It was moved by Council Member Sande and seconded by Council Member Johnson that this amendment be approved. Carried 12 votes affirmative.

A request to amend the Health Department budget in the amount of $13,227, 1993-94 general health carryover and 1994 carryover in Project 2016-0001, was presented. It was moved by Council Member Sande and seconded by Council Member Johnson that this amendment be approved. Carried 12 votes affirmative.

APPROVE REQUEST TO SELL BUDDY POPPIES
BY VFW POST 1874 AND AUXILIARY

Committee No. 2, Public Safety, reported having considered the request by VFW Post 1874 and Auxiliary to sell buddy poppies on streets of Grand Forks May 1 through 7, 1995, and recommended to approve the request.

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.

REFER REQUEST BY POLICE DEPARTMENT FOR
AUTHORIZATION TO INCREASE FORCE BY ONE
POSITION THROUGH GRANT BACK TO COMMITTEE

Committee No. 2, Public Safety, reported having considered the request by
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police department for authorization to increase force by one position through COPS FAST grant, and recommended to approve the request.

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

There was some discussion as to whether this position would continue at end of the grant, cost to City, if automatically included in budget, and how this position utilized by the department. Chief Paschke reported that under the Crime Bill, purpose is to get community oriented policing within the community, and cost over the three-year period for salary plus benefits $105,245, with cost to the City $30,245, plus $2,300 for uniforms and equipment. He stated that it was up to the City to decide whether to continue with the position after the three years is up through grant, although the government is encouraging that the cities strongly consider keeping that position(s). He also reported that the application submitted for the grant spells out some of the programs already in effect, counter-act program, crime prevention, but that they intend to expand on that through neighborhood watches and other community oriented things, and use this position to coordinate that throughout the department and the community.

Mr. Swanson advised that the council cannot put sunset clause on any individual, that under Civil Service regulations the termination of employment starts from the last hired, one with least seniority; that if grant funds terminate in the budget for that year, up to council to determine whether have work force reduction in that department or if find alternative sources for funding. He stated if a work force reduction it will be the least senior officer to be reduced and not necessarily the individual hired under this grant, unless you hire this individual under a contract outside the civil service code.

It was moved by Council Member Beyer and seconded by Council Member Beach to refer this matter back to the public safety committee for further consideration to determine actual costs and how program structured. Carried 12 votes affirmative.

INTRODUCE ORDINANCE IMPOSING SURCHARGE TO
FUND OPERATING COSTS FOR CONTINUATION OF DISTRICT
IV SOLID WASTE MANAGEMENT BOARD

Committee No. 3, Public Service, reported having considered the matter of future funding mechanism for District IV Solid Waste Management Board, and recommended to introduce the ordinance imposing the 20-cent surcharge at the time the State discontinues collection of the surcharge.

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

Council Member Beyer introduced an ordinance entitled "An ordinance

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, SEWER
PROJECT NO. 4215, DISTRICT NO. 349

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 from South 38th to South 40th Street, on South 40th Street from 150 ft. north to 450 ft. south of 13th Avenue South, indicating that Schipper Construction, Inc. was low bidder based upon their
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bid in the amount of $67,531.00: Document No. 6453 - Bid Tabulation.

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

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

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

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6454 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this resolution awarding the contract for Sewer Project No. 4215, District No. 349, to Schipper Construction be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the resolution adopted and the contract awarded.

AWARD CONTRACT FOR WATERMAIN REPLACEMENT
PROJECT NO. 4275

Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4275, watermain replacement, and recommended to accept the low bid of Molstad Excavating, Inc. in the amount of $192,795.00, which excludes schedule 4275.02.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik 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, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.


AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
WITH DEVELOPER AND ENGINEER FOR INSTALLATION
OF UTILITIES AND APPROVE REQUEST FOR PAVING ON
30TH AVENUE SOUTH AND SOUTH 38TH STREET

Committee No. 3, Public Service, reported having considered the matter of utilities and paving on 30th Avenue South and South 38th Street, and recommended to authorize entering into a three-way agreement with the developer and engineer for installation of storm sewer; that we approve request for paving; and that the storm sewer improvements be accepted in lieu of the 50% up-front monies for the paving.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik 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, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4289, SANITARY SEWER IN MIGHTY ACRES

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Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4289, private installation of sanitary sewer in Mighty Acres, and recommended approval of the plans and specifications contingent upon engineer's comments.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik 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 Members Glassheim and Hoeppner that she 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 passing her vote.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4290, WATERMAIN IN MIGHTY ACRES

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4290, private installation of watermain in Mighty Acres, and recommended approval of the plans and specifications contingent upon engineer's comments.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik 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 Members Glassheim and Hoeppner that she 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 passing her vote.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT
NO. 4308, STREET LIGHTING DISTRICT NO. 103

The city engineer's estimate of total cost of the construction of street lighting in Mighty Acres in the amount of $9,801.75, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4308, Street Lighting District No. 103, in 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 Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6455 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT
NO. 4309, STREET LIGHTING DISTRICT NO. 104

The city engineer's estimate in the total amount of the construction of street 13977
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lighting on 11th Avenue South from South 30th to South 38th Street, in the amount of $21,273.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4309, Street Lighting District No. 104, 11th Avenue South from 30th to 38th Street, 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 Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6456 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT
NO. 4311, STREET LIGHTING DISTRICT NO. 106

The city engineer's estimate of total cost of the construction of street lighting on South 36th Street from 22nd Avenue South to 24th Avenue South, in the amount of $5,313.00, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4311, Street Lighting District No. 106, South 36th Street from 22nd Avenue South to 24th Avenue South, 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 Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6457 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT
NO. 4329, DISTRICT NO. 107

The city engineer's estimate of total cost of the construction of street lighting on North 36th Street from Gateway Drive to the pasta plant, in the amount of $1,237.00, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4329, Street Lighting District No. 107, North 36th Street from Gateway Drive to pasta plant, 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 Beyer and seconded by Council Member Hamerlik
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April 17, 1995

that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6458 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
4323, STREET LIGHTING DISTRICT NO. 108

The city engineer's estimate of total cost of the construction of street lighting on North 47th Street from 6th Avenue North to 12th Avenue North, in the amount of $1,111.20, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4323, District No. 108, street lighting on North 47th Street from 6th Avenue North to 12th Avenue North, 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 Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6459 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
4343, STREET LIGHTING DISTRICT NO. 109

The city engineer's estimate of total cost of the construction of street lighting on South 34th Street and 30th Avenue South, in the amount of $19,824.00, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4343, District No. 109, street lighting on South 34th Street and 30th Avenue South, 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 Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6460 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4292, DISTRICT NO. 537
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April 17, 1995

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4292, District No. 537, paving in Mighty Acres, 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 Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution creating the assessment district, which was presented and read: Document No. 6461 - Resolution.

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

ACCEPT ENGINEER'S REPORT, PAVING DISTRICT
NO. 537, PROJECT NO. 4292

The city auditor presented and read the engineer's report on Paving District No. 537, Project No. 4292: Document No. 6462 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
DISTRICT NO. 537, PROJECT NO. 4292

Council Member Beyer introduced the following resolution of necessity, which was presented and read: Document No. 6463 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4316, DISTRICT NO. 534

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4316, District No. 534, paving South 36th Street from 22nd 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 finance these improvements.

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

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April 17, 1995

Council Member Beyer introduced the following resolution creating the assessment district, which was presented and read: Document No. 6464 - Resolution.

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

ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4316, DISTRICT NO. 534

The city auditor presented and read the engineer's report on Paving Project No. 4316, District No. 534: Document No. 6465 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
PROJECT NO. 4316, DISTRICT NO. 534

Council Member Beyer introduced the following resolution of necessity, which was presented and read: Document No. 6466 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4266, DISTRICT NO. 536

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4266, District No. 536, paving Chestnut Street from 47th Avenue South to south end, 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 Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution creating the assessment district, which was presented and read: Document No. 6467 - Resolution.

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


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ACCEPT ENGINEER'S REPORT, PAVING PROJECT
NO. 4266, DISTRICT NO. 536

The city auditor presented and read the engineer's report on Paving Project No. 4266, District No. 536: Document No. 6468 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
PROJECT NO. 4266, DISTRICT NO. 536

Council Member Beyer introduced the following resolution of necessity, which was presented and read: Document No. 6469 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4324, DISTRICT NO. 237

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4324, District No. 237, watermain on 24th Avenue South from South 35th to South 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 Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution creating the assessment district, which was presented and read: Document No. 6470 - Resolution.

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

ACCEPT ENGINEER'S REPORT, WATERMAIN PROJECT
NO. 4324, DISTRICT NO. 237

The city auditor presented and read the engineer's report on Watermain District No. 237, Project No. 4324: Document No. 6471 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
WATERMAIN PROJECT NO. 4324, DISTRICT NO. 237

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April 17, 1995

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6472 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4342, DISTRICT NO. 359

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4342, District No. 359, storm sewer on 24th Avenue South from South 34th to South 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 Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution creating the assessment district,which was presented and read: Document No. 6473 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT
NO. 359, PROJECT NO. 4342

The city auditor presented and read the engineer's report on Sewer District No. 359, Project No. 4342: Document No. 6474 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER DISTRICT NO. 359, PROJECT
NO. 4342

Council Member Beyer introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6475 - Resolution.

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

AUTHORIZE ENTERING INTO COST PARTICIPATION
AND MAINTENANCE AGREEMENT WITH ND DEPARTMENT
OF TRANSPORTATION FOR INTERSECTION IMPROVEMENTS
AT 32ND AVENUE SOUTH AND SOUTH 20TH STREET
CITY PROJECT NO. 4358

The proposed agreements with the North Dakota Department of Transportation, cost participation and maintenance agreement for signal improvement at 32nd Avenue South and South 20th Street, State Project No. HEU-6-986(039)042, City
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April 17, 1995

Project No. 4358, were presented and read.

Committee No. 3, Public Service, reported having considered the matter of cost participation and maintenance agreement with North Dakota Department of Transportation for intersection improvements at 32nd Avenue South and South 20th Street, City Project No. 4358, State Project No. HEU-6-986(039)042, and recommended to approve the agreement and to authorize entering into the agreement with the State Department of Transportation, with City's share estimated at $1,500.00.

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

APPROVE CHANGE ORDER FOR PAVING PROJECT
NO. 4126, 32ND AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of change order for Paving Project No. 4126, 32nd Avenue South in the amount of $875.60, and recommended to approve the change order.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik 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, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

ACCEPT BIDS FOR MATERIALS FOR WATER
MAINTENANCE

Committee No. 3, Public Service, reported having considered the matter of bids for materials for water maintenance (water meters, brass goods and repair sleeves), and recommended to accept the low bids as follows: Badger Meter, Inc. for water meters in the amount of $22,792.44 with trade; Fargo Water Equipment for repair sleeves and saddles in the amount of $7,601.61; and Fargo Water Equipment for brass goods and curb boxes in the amount of $15,299.92, for a total of $45,693.97.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik 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, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

ACCEPT BID FOR ENGINE AND PUMP FOR STREET
DEPARTMENT

Committee No. 3, Public Service, reported having considered the bids for engine and pump combination for street department, and recommended to accept the low bid of H2O, Inc. in the amount of $7,126.60.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik 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, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

AUTHORIZE EXTENSION OF RECYCLING CONTRACT
TO DECEMBER 31, 1996
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April 17, 1995

Committee No. 3, Public Service, reported having considered the matter of extension of contract with Vern's Refuse and Recycling Service for curbside recycling program, and recommended to extend the contract with Vern's Refuse and Recycling Service until December 31, 1996.

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

Council Member Johnson asked for survey of residents using the recycling program, and the matter was referred to the recycling coordinator.

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

RECEIVE AND FILE MATTER OF LOCAL PREFERENCE
IN BIDDING PROCESS

Committee No. 3, Public Service, reported having considered the matter of giving local preference in the bidding process, and recommended to receive and file.

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

Jim Lynch, RR2, Grand Forks, and Gregory Bryson, 2919 Knight Drive, commented re. this matter. Mr. Bryson stated he agreed there shouldn't be preference, but that council should seriously consider point system in evaluating bids, and that there is added value in using local bidders. He also stated there should not be a penalty for a bidder from the outside area but City should have a standard by which to assess added value.

Howard Swanson, city attorney, reported that after studying matter it was their conclusion and recommendation that given the relatively minor number of bids that go outside the city limits, that the risk or exposure was significant and not to adopt such a preference, but rather to examine bids on a case by case basis to determine if there were articulable and rational basis to select a local bidder over a low bidder which may not be local.

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

APPROVE CLOSING OF NORTH 55TH STREET
DURING CONSTRUCTION PERIOD, PROJECT NO.
3821, STORM SEWER AND PUMPING STATION

Committee No. 3, Public Service, reported having considered the matter of Project No. 3821, Richard's West storm sewer and pumping station, request to close North 55th Street, and recommended to allow closure of the street for 30 days with the contractor getting proper signage necessary, to be reviewed by the traffic engineer, and to coordinate closure with all business owners who require access on 55th Street.

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

Jim Lynch, Rydell's, stated he was opposed to closing of that street, difficult to get from DeMers to Gateway.

President Hagness noted that the committee had made the recommendation because 13985
April 17, 1995

of safety factors, and convenience for contractor to get work done sooner. It was also noted that the street will only be closed to through traffic and contractor directed to contact businesses on that street and will provide access. President Hagness stated that if this can't be resolved by contractor and businesses to bring back to committee.

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

ACCEPT BIDS FOR MOWING RIVERBANK

Committee No. 4, Urban Development, reported having considered the matter of mowing bids for riverbank, and recommended that we accept the bid of Don's Landscaping in the amount of $425.00 per mowing.

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

APPROVE BUDGET AMENDMENT

Committee No. 4, Urban Development, reported having considered the request for budget amendment by Office of Urban Development in the amount of $54,970.00, carryover of funds for beautification projects not completed in 1994, and recommended approval. It was moved by Council Member Glassheim and seconded by Council Member Hanson that this amendment be and is hereby approved. Carried 12 votes affirmative.

APPROVE GRANT APPLICATION FOR 1995 EMERGENCY
SHELTER FUNDS

Committee No. 4, Urban Development, reported having considered the matter of 1995 Emergency Shelter grant application, and recommended approval of the grant application in the amount of $35,760.00.

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

REFER MATTER OF REQUEST FROM SHELTER FOR
HOMELESS FOR EMERGENCY FUNDS FOR VENTILATION
SYSTEM IN BATHROOMS BACK TO COMMITTEE

Committee No. 4, Urban Development, reported having considered the request from shelter for Homeless for emergency shelter funds, and recommended that we accept the bid of GF Heating, Inc. in the amount of $9,975.00 for furnishing and installing ceiling fans in the bathrooms at the City Mission.

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

There were questions raised relative to the cost of the project and whether this project result of error on part of architect, etc.

Council Members Hanson and Beach asked that this matter be referred back to committee for further consideration.

APPROVE PLAT OF AMUNDSON'S SECOND RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of request from CPS, Ltd. on behalf of Haugen-Welle for reconsideration of the plat of Amundson's Second Resubdivision (formerly known as Golden Valley Third 13986
April 17, 1995

Addition) to the city of Grand Forks, ND, being a part of the Southwest Quarter of the Southwest Quarter of Section 17, Township 151 North, Range 50 West of the 5th Principal Meridian (located in the northwest corner of 30th Avenue South and South 38th Street), and recommended approval subject to special conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO ANNEX ALL OF COLUMBIA
PARK 24TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the petition from Steve Adams on behalf of Arthur Greenberg, Jr. for approval of an ordinance to annex all of Columbia Park 24th Addition to the city of Grand Forks, North Dakota (located between South Columbia Road and South 26th Street and between 36th and 38th Avenues South), and recommended approval and final passage of the ordinance to annex and to set the date of the public hearing for May 1, 1995.

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

Council Member Hoeppner introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Columbia Park 24th Addition, Grand Forks and a portion of the West Half of the Southwest Quarter of the Northwest Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian", which was presented, read and passed on its first reading.

APPROVE FINAL PLAT OF KOBETSKY AND SCHOEN'S
FIRST RESUBDIVISION

The Planning and Zoning Commission reported having considered the request from Schoen Associates, Inc. on behalf of Winter Garden Associates, LLC for preliminary review and final approval (fast track) of the plat of Kobetsky and Schoen's First Resubdivision to the city of Grand Forks, ND, being a replat of portions of Budge and Eshelman's Addition, Budge and Eshelman's Second Addition, Griggs Addition, Larry's Resubdivision, and McKelvey & Holcomb's Addition to the city of Grand Forks (located at 901 University Avenue, old Kedney Warehouse building), and recommended approval subject to special conditions shown on or attached to the review copy.

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

APPROVE CREATION OF AN URBAN RENEWAL DISTRICT,
ESTABLISH TAX INCREMENT FINANCING FOR WAREHOUSE
APARTMENTS PROJECT IN KOBETSKY AND SCHOEN'S FIRST
RESUBDIVISION (KEDNEY WAREHOUSE BUILDING)

The Planning and Zoning Commission reported having considered the matter of referral from city council for approval of creation of an urban renewal district boundary; establishing a TIF (tax increment financing) for the Warehouse Apartments Project in Kobetsky and Schoen's First Resubdivision in the city of Grand Forks, ND (located at 901 University Avenue, old Kedney Warehouse building), and recommended the area be determined to be an area of slum and blight, that the development or redevelopment is in the best interest of the public economy, health, safety and welfare, that the redevelopment, as proposed on the site plan, is consistent with the proposed urban renewal project development as well as the city's comprehensive plan and
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approve the tax increment area as defined.

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

APPROVE PERKINS' 2ND PUD, DETAILED DEVELOPMENT
PLAN, STRIP SHOPPING CENTER, LOT 1, BLOCK 1,
PERKINS' 2ND ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from ReKard Development Corporation on behalf of Perkins Land Corporation for final approval of Perkins 2nd PUD (Planned Unit Development), Detailed Development Plan, Strip Shopping Center, Lot 1, Block 1, Perkins 2nd Addition to the city of Grand Forks, North Dakota (located south of 32nd Avenue South between South 31st Street and South 34th Street), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK
1, TACK SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Bill Reimer on behalf of R & R Contracting for preliminary administrative review and final approval (fast track) of a Replat of Lot 1, Block 1, Tack Subdivision, Grand Forks, ND (located at 5201 North Washington Street), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE PARK WEST PUD, DETAILED DEVELOPMENT
PLAN, BAPTIST CHURCH, LOT 1, BLOCK 1, BIRKHOLZ'
3RD ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Doug Lee on behalf of the Cornerstone Baptist Church for preliminary administrative review and final approval (fast track) of Park West PUD (Planned Unit Development), Detailed Development Plan, Baptist Church, Lot 1, Block 1, Birkholz' 3rd Addition to the city of Grand Forks, North Dakota (located in the northeast corner of 24th Avenue South and South 36th Street), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

ACCEPT PETITION FOR VACATION OF UTILITY
EASEMENT IN BLOCK 1, COLUMBIA PARK 14TH
ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Arthur Greenberg, Jr. and Menard's, Inc. for approval to vacate a 20-foot wide utility easement lying 10 feet on each side of the lot line common to Lot 1, Block 1, Columbia Park 14th Addition and Lot A, Block 1 of a Replat of Lot 2, Block 1, Columbia Park 14th Addition to the city of Grand Forks, ND (located between South 34th and 38th Streets and between 30th and 32nd Avenues South), and recommended approval of a resolution to vacate
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April 17, 1995

and to set the date of public hearing for June 5, 1995.

It was moved by Council Member Beyer and seconded by Council Member Sande 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 be published as required.

Mr. Bushfield reported that the easement will be moved a distance to be determined by the Planning and Zoning Commission, that Menard's have agreed to purchase an additional 70 ft. to accommodate parking for the additional 25,000 sq. ft. building, that they are really not even meeting parking requirements for their existing facility and not even in the ballpark for the addition that they want to build, so there will be more land that will be purchased to the east of the 75 ft. line where moving it and that they are still in negotiations with Menard's on how much parking they should provide. He stated that they will take additional easement they will need but just move farther east, at no cost to the City; will do as part of the subdivision process.

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

INTRODUCE ORDINANCE TO AMEND LAND DEVELOPMENT
CODE RELATING TO CONDITIONAL USES IN R-2 ZONES
(STRUCTURES OF HISTORICAL SIGNIFICANCE)

The Planning and Zoning Commission reported having considered the matter of request for preliminary approval of an ordinance to amend the text of the Land Development Code, Article 2. Zoning Regulations, Section 18-0208, R-1 Single Family Residence District and R-2 One and Two Family Residence District, subsection (3) conditional uses (D) structures of historical significance, and recommended preliminary approval of the ordinance amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for May 15, 1995.

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

Mr. Bushfield explained that the phrase under conditional use permits section in the R-2 District didn't include the phrase "and other uses permitted in the R-1 conditional use permit section", and that would allow all the conditional uses permitted in the R-1 District to be permitted in the R-2.

Council Member Glassheim questioned the retroactive date of September 18, 1994 on the proposed ordinance. Mr. Bushfield also reported that in discussing with the city attorney it was felt that it was the intent of council to enact this ordinance back in September, and rather than make the developer re-collect signatures and go through Historic Preservation Board process again, they put a retroactive date of September 18, 1994 on the ordinance. Mr. Swanson advised that the council can adopt ordinances with retroactive effective dates, but have to do expressly and that is why it is in the ordinance and in the minutes and has been discussed at Planning and Zoning, and doesn't see any difficulty with this in light of the fact that the original intent of the ordinance was to include both R-1 and R-2.

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

Council Member Hoeppner introduced an ordinance entitled "An ordinance relating to the Land Development Code, Chapter XVIII, the Grand Forks City Code of 1987, as amended, amending Article 2. Zoning; Section 18-0209(3) relating to conditional uses", which was presented, read and passed on its first reading.
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APPROVE PRELIMINARY PLAT; INTRODUCE ORDINANCE
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
MEDICAL PARK FOURTH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from city engineering and planning departments on behalf of the City of Grand Forks, ND for preliminary approval of the plat of Medical Park Fourth Addition to the city of Grand Forks, ND, being a portion of the N Half of the Southwest Quarter of Section 8, Township 151 North, Range 50 West of the 5th Principal Meridian (located in the southwest corner of South 30th Street and 11th Avenue South), 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 May 15, 1995.

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

Council Member Hoeppner 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 Medical Park Fourth Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF LINDGREN'S
RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Donald H. Lindgren on behalf of J.E.P., Inc. for preliminary approval of the plat of Lindgren's Resubdivision, being a replat of Lot D and the east 40 feet of Lot C of Auditor's Subdivision No. 1, Grand Forks, ND (located at Westward Ho complex), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL) DISTRICT
ALL OF SW QUARTER SE QUARTER OF SECTION 31, TWP.
T152N, R50W OF 5TH PM, LESS CERTAIN PROPERTIES

The Planning and Zoning Commission reported having considered the matter of request from CPS, Ltd. on behalf of Darryl Wilson and the Trillium Corporation for preliminary approval of an ordinance to amend the Zoning Map to rezone and to exclude from B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District all of the SW Quarter of the SE Quarter of Section 31, Township 152 North of Range 50 West of the 5th Principal Meridian, less Skelly Oil Company Subdivision and less Iseman Corporation Tract, Grand Forks, ND (located between I-29 and North 48th Street and between Rose Avenue and 17th Avenue North extended), and recommended preliminary approval of the ordinance amending the Zoning Map, to introduce the ordinance and to set the date of the public hearing for May 15, 1995.

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

Council Member Hoeppner introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the B-2 (General Business) District and to include within the I-2 13990
April 17, 1995

(Heavy Industrial) District all of the Southwest Quarter of the Southeast Quarter of Section 31, Township 152 North of Range 50 West of the 5th Principal Meridian less Skelly Oil Company Subdivision and less Iseman Corporation Tract, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF RAY RICHARD'S GOLF COURSE ADDITION

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 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 May 15, 1995.

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

Council Member Hoeppner 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 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 was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF LOT
A OF REPLAT OF LOT 2, BLOCK 1, COLUMBIA PARK
14TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Arthur Greenberg, Jr. for preliminary approval of the Replat of Lot A of the Replat of Lot 2, Block 1, Columbia park 14th Addition to the city of Grand Forks, ND (located between 30th and 32nd Avenue South and between South 34th and 38th Streets), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE ALL OF COLUMBIA PARK 15TH ADDITION
WITHIN COLUMBIA PARK PUD, CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 7

The Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Arthur Greenberg, Jr. for preliminary approval of an ordinance to amend the Zoning Map and to exclude from Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 6 and to include within Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 7, all of Columbia Park 15th Addition to the city of Grand Forks, ND (located between South 34th and 38th Streets and between 24th and 30th Avenues South), and recommended preliminary approval subject to special conditions shown on or attached to the 13991
April 17, 1995

review copy, to introduce the ordinance amending the Zoning Map and to set the date of the public hearing for May 15, 1995.

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

Council Member Hoeppner introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 6, and to include within Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 7, all of Columbia Park 15th Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL OF COLUMBIA PARK
PUD, DETAILED DEVELOPMENT PLAN, SINGLE FAMILY,
LOTS 1-12 AND LOTS 15-33, BLOCK A, AND ALL OF
BLOCKS B AND C, COLUMBIA PARK 15TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Arthur Greenberg, Jr. for preliminary approval of Columbia Park PUD (Planned Unit Development), Detailed Development Plan, Single Family, Lots 1 through 12 and Lots 15 through 33, Block A and all of Blocks B and C, Columbia Park 15th Addition to the city of Grand Forks, ND (located between Greenberg Drive and South 38th Street and between 24th and 30th Avenues South), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

APPROVE PRELIMINARY PLAT; INTRODUCE ORDINANCE
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
CENTENNIAL ESTATES ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering and Surveying on behalf of Keith Danks for preliminary approval of the plat of Centennial Estates Addition to the city of Grand Forks, ND, being a part of the Northeast Quarter of the Southeast Quarter of Section 7, Township 151 North of Range 50 West of the 5th Principal Meridian (located south of 11th Avenue South extended between South 42nd Street and Interstate 29), 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 May 15, 1995.

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

Council Member Carpenter raised question of need of new mobile home park in the city and particularly at location which is being proposed, next to the fastest growing single family new construction home area in the city, next to the Interstate where traffic and raises issue of buffer and future potential complaints for noise, close to potential site for civic center which is being considered and would increase traffic on 42nd.

President Hagness reported that concerns were discussed at Planning and Zoning, that we have other single-family housing developments close to the Interstate, that one of his concerns was having barrier there to protect from noise in the future, that another concern was if build interchange in the
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future at 42nd Street and DeMers Avenue with increased traffic, and with access onto 42nd at only one or two locations so have concentration of traffic. He also noted that this is preliminary approval and will be before Planning and Zoning again the first Wednesday in May.

Keith Danks, Jr. stated they addressed several of these issues at the Planning Commission meeting, that Grand Forks plagued with problem of no one building affordable housing, that their concern is to provide a needed affordable housing program - an alternate to conventional housing; that they propose 100 spaces within next 12 months to give alternative to an apartment; increase tax base for the city, that all mobile home parks in Grand Forks are filled, no spaces available. He stated that they have revised their plan (however, has not been re-submitted to the Planning Commission) to provide significantly more of a buffer zone and have back set equal to housing development in Burdick's Addition. He stated they would like to see civic center built in Grand Forks and whether that will happen, that what they are proposing will benefit low income housing needs in the city on a much more immediate basis. He also stated that as to the problem of noise on Interstate, they will create an additional buffer zone as required by the City and by the Planning Department, that this will be a planned unit development and be a place where people rent a lot and will make renters aware prior to moving in. He stated that they are ready to build this park and to provide affordable housing on an immediate basis. He stated these are mobile homes, will require new homes, will make lots extra large around perimeter to accommodate double wides, and is going to look like a housing addition. He also reported that they are negotiating with developers for some of their land north of the proposed mobile home park for low/moderate income housing; and own some property (43 acres) adj. to City property. He stated they have owned land for 20 years.

Mr. Bushfield reported that the depth of the lots is going to be identical to that required in Burdick's Resubdivision, that the depth of lots backing up to the Interstate will be 190 feet (same as in Burdick's Addition) of which 50 ft. will be established as a buffer yard and for utilities, so substantial area that will run parallel to the Interstate and with Interstate ditch, will end up with 300 ft. from back of the trailer to the east edge of the main traveled way of north bound lanes of the Interstate. He also stated that all of the property on the east side of 42nd Street from DeMers to 17th Avenue is all planned for residential development and this area, if approved, is for residential development, and that is consistent with long-range master plan, approved about 15 years ago. He also stated that in looking at civic center for this area, and when looked at about year ago, they look for ancillary services available and what future zoning is for the area to support those ancillary services necessary to support that events center, and there was nothing there; no infrastructure - either transportation, water or sewer lines and with the existing residential development on the east side as well as west side, they felt that when looking at this before to put in an event center at that location was very poor planning. He stated that he was sure that when the committee takes a look at that, they will consider in their deliberations.

Upon call for the question and upon voice vote the motion carried 10 votes affirmative; Council Members Carpenter and Glassheim voting against the motion.

Council Member Hoeppner 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 Centennial Estates Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.



13993
April 17, 1995

INTRODUCE ORDINANCE AMENDING ZONING MAP TO
INCLUDE WITHIN CENTENNIAL ESTATES PUD, CONCEPT
DEVELOPMENT PLAN THE EAST HALF OF SOUTHEAST QUARTER
OF SECTION 7, T151N, R50W OF 5TH P.M.

The Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering and Surveying on behalf of Keith Danks for preliminary approval of an ordinance to amend the Zoning Map and to exclude from the A-1 (Limited Development)District and to include within Centennial Estates PUD (Planned Unit Development), Concept Development Plan the East Half of the Southeast Quarter, Section 7, Township 151 North of Range 50 West of the 5th Principal Meridian (located between 11th and 17th Avenue South and between South 42nd Street and Interstate 29), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Zoning Map and to set the date of the public hearing for May 15, 1995.

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

Council Member Hoeppner introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the A-1 (Limited Development District, and to include within Centennial Estates PUD (Planned Unit Development), Concept Development Plan, the East Half of the Southeast Quarter, Section 7, Township 151 North of Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL OF CENTENNIAL
ESTATES PUD, DETAILED DEVELOPMENT PLAN,
CENTENNIAL ESTATES MOBILE HOMES, ALL OF
CENTENNIAL ESTATES ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from pribula Engineering and Surveying on behalf of Keith Danks for preliminary approval of Centennial Estates PUD (Planned Unit Development), Detailed Development Plan, Centennial Estates Mobile Homes, all of Centennial Estates Addition to the city of Grand Forks, ND (located south of 11th Avenue South between South 42nd Street and Interstate 29), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

APPROVE EXCLUSION OF FUTURE AIRPORT EMPLOYEES
FROM PARTICIPATION IN DEFINED BENEFIT PLAN

The Pension and Insurance Committee reported having considered the matter of exclusion of future airport employees from defined benefit plan, and recommended approval of the resolution to exclude future airport authority employees from participation in the defined benefit plan.

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

AUTHORIZE ENTERING INTO MAINTENANCE AGREEMENT
FOR LEASED VANS

The Bus Committee reported having considered the matter of approval of
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April 17, 1995

maintenance agreements on leased vans, and recommended approval of maintenance agreements on lease vans.

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

RECEIVE AND FILE RECOMMENDATIONS ON MINNESOTA/
4TH AVENUE SOUTH CORRIDOR STUDY AND REFER TO
CAPITAL IMPROVEMENTS COMMITTEE

The Grand Forks/East Grand Forks Metropolitan Planning Organization reported having considered the matter of final recommendations on Minnesota/4th corridor study, and recommended the following:
1) to reconstruct the entire length of the corridor by removing the existing pavement and curbs with the exception of leaving that granitoid pavement and sandstone curbs located on Fourth Avenue west of the alley west of Chestnut in place, although do reconstruct the intersections of Cottonwood and Walnut. The maintenance of the remaining granitoid would be governed by the existing memorandum of Agreement between the City and State Historic Preservation Office.
2) at intersections, the new pavement will extend no further than the outside (side street) radius of the corner using extreme care to avoid damaging granitoid on these intersecting streets.
3) reconstruct within the current width (not widen) except make modifications to the Minnesota/Fourth Avenue intersections as shown in diagram. In the mitigation agreement, the City should agree that no widening for twenty years after reconstruction should occur.
4) preserve all granitoid alley entrances and the curbs flanking these entrances using extreme care during reconstruction to avoid damaging granitoid on the alley entrances wherever feasible.
5) the new concrete pavement laid will be stamped to reflect the scored pattern of granitoid.
6) the City should fund the project as follows: 80% of the total cost from federal funds, 20% of the total cost from City funds, and no special assessment district be formed.
7) the City and School District should implement as soon as practical the recommendations of improving the school crossings along the corridor.
8) new street lights, signals and street signs should be compatible with the historic character of the neighborhood.
9) redraft proposed mitigation plan to reflect recommendations.
10) the estimated cost is $985,395 and project to begin in 1998 subject to availability of funding.

It was moved by Council Member Beyer and seconded by Council Member Hanson to receive and file the recommendations, and to refer to the Capital Improvement Projects Committee.

Council Member Glassheim stated concern over starting date and City's share of project being fully paid for from City's funds and property owners not contributing anything towards cost of the project. It was noted that this is only recommendation to the CIP from Advisory Committee.

Mr. Bushfield reported that the Technical Advisory Committee of the MPO (which is made up of engineers and planners from both MNDOT and NDDOT District Offices as well as planners and engineers from both cities) looked at recommendations from the Advisory Committee and recommended that we go with picking up the 10%, which translates into about $100,000, because of concern that they could lose project because of $100,000 (because in 1983 project protested out by the property owners), felt they have spent lot of time on this project and is in the City's best interest to see this project through to 13995
April 17, 1995

completion. He stated that 1998 was recommended because County rep. on TAC stated they would be willing to help City in funding that section of South Washington Street between 40th and 47th Avenues South, and they are willing to discuss that further with the Commission; that by moving that project up to 1998, will free up funds to do the Minnesota/4th Avenue project at the same time as doing the rest of the South Washington Street project, and will be done over a two-year period in 1997-98.

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

APPROVE RECOMMENDATION SUPPORTING CONSTRUCTION
OF TWO PEDESTRIAN UNDERPASSES ON SOUTH WASHINGTON
STREET

The Grand Forks/East Grand Forks Metropolitan Planning Organization reported having considered the matter of resolution supporting two pedestrian underpasses on South Washington Street, and recommended that the Grand Forks City Council adopt a resolution supporting the construction of two pedestrian underpasses located at 23rd Avenue/32nd Avenue with South Washington; further that the resolution of support be forwarded to the North Dakota Department of Transportation; and further that the use of Transportation Enhancements funds be considered by the Bikeway Committee for the construction of 32nd Avenue and South Washington Street multi-use trail/crossing.

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

Council Member Glassheim asked whether there has been any consideration of less costly ways of getting people across streets, i.e., staggered lighting, etc.; Council Member Beyer noted that estimated cost is $100,000 each, that State said what they need from this community for them to consider looking at funding of underpasses (won't meet warrants) is to show them that community wants them, that MPO recommended sending letter of support and would like State to finance. She stated there is a petition drive going on.

Council Member Beach questioned why 13th Avenue South omitted and traffic possibly heavier at 13th Ave.S. Council Member Beyer stated on the petitions circulating they do list multiple crossings (3) so petition will be asking for more than the two MPO is willing to support.

Mr. Bushfield reported there are two funding scenarios they are looking at; one is to try to get State to pick up as part of the transportation project, and if so, would be an 80-10-10% project and only cost the City $10,000 per location; think they might be able to get one of those; and other thing is to tie into bikeway system that crosses at 32nd Avenue, and if so, do as transportation enhancement project, which is a separate funding source, and Bikeway Committee would have to submit a grant application (with council's concurrence) to the State in December for that second location (on 80-20% basis), and not sure how fund third location.

Mr. Vein reported that the underpass they are looking at would be very short, with skylight in the median dividing lanes, and having main line come up and service roads go down so can see clear through, and make as safe as possible. He also noted that problem with putting in underpass at 13th is that project limit at north end is at Hammerling.

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


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April 17, 1995

APPROVE APPOINTMENT TO MAYOR'S COMMITTEE ON
EMPLOYMENT OF PEOPLE W/DISABILITIES

President Hagness announced the appointment of Shari Nesdahl to the Mayor's Committee on Employment of People w/Disabilities, and asked for concurrence in this appointment. It was moved by Council Member Hanson and seconded by Council Member Beyer that this appointment be and is hereby approved. Carried 12 votes affirmative.

DECLARE SPECIFIC PROPERTY AS SURPLUS AND
OFFER FOR SALE

A communication from the civic auditorium listing computer equipment, calculators, ladders that have been offered for transfer to other city departments and should be declared as surplus was presented and read. Mr. Bushfield asked that they include MPO surplus computer equipment in the listing. Moved by Sande and Babinchak that this equipment be declared as surplus and offered for sale. Carried 12 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented and/or referred to committee:
1) Council Member Beach expressed concern re. way trucks being ticketed in certain areas of the city, etc. and presented the matter of Section 8-0904 of the Grand Forks City Code re. truck parking in residential areas and clarification of application. President Hagness referred the matter to the public safety committee for consideration.
2) Council Member Hamerlik presented the matter of local preference in bidding process; President Hagness referred this matter back to the public service committee for further consideration.
3) Council Member Hanson reported that the Bus Committee has set up a finance sub-committee, that the sub-committee has determined that we can't finance the city bus based on income we now have, and wanted council to be aware they will receive information in next few weeks re. this; that problem is that federal government has mandated dollars that have to be spent and have cut back on funding to the cities; that they now have had to divide State of ND federal funding with Bismarck as they have added a dial-a-ride system and our proportionate amount of these funds less than before. He stated he would like to get a resolution from the council to send to the Governor re. this problem so they don't lose the city bus.
4) A request to widen driveway off l2th Avenue North for Acme Electric building at 1603 12th Avenue North was presented to the council; President Hagness referred the matter to the public service committee for consideration.

DISCUSSION RE. MATTER OF TRUCKS PARKING
IN RESIDENTIAL/COMMERCIAL AREAS

Council Member Beyer asked Mr. Swanson's opinion on Section 8-0904, re. trucks parking in residential areas.

Mr. Swanson reported there are two parts to the ordinance, that the first sub-section makes it unlawful to park any bus, truck trailer or truck tractor, or any portion of a truck trailer or truck tractor on any street, roadway, parkway or sidewalk in the city of Grand Forks, except those rated as 3/4 ton or less, or those trucks that are actually loading or unloading; that subsection makes no reference to zone so include commercial or industrial zone. He reported that the second sub-section specifically refers to residential zones and that applies to the parking of a motor home, travel trailer, camping trailer, fifth wheel trailer, etc. He stated that he understands that the police department has recently been ticketing in commercial areas those trucks that are larger than 3/4 ton parked on roadways, 13997
April 17, 1995

and that is why some council members have received calls or complaints. He stated that if the council is inclined to provide an allowance for parking of vehicles in commercial zones, they have at least three choices: 1) raise exemption to something greater than 3/4 ton pickup; 2) change ordinance to give complete exemption to any commercial or industrial zone; 3) provide council with opportunity to have designated truck parking in certain areas.

Moved by Council Member Beyer and seconded by Council Hanson amend ordinance to allow variance on a case by case basis.

After some discussion Council Members Beyer and Hanson withdrew their motion, and the matter will go to committee for consideration as previous referred.

DIRECT STAFF TO CONTACT GRAND FORKS COUNTY
RE. ASSISTANCE IN FUNDING SOUTH WASHINGTON
STREET PROJECT

The Capital Improvement Projects Committee reported having considered the matter of obtaining assistance in funding the South Washington Street project from the Grand Forks County, and recommended obtaining Grand Forks County assistance for funding that portion of Washington Street lying between 40th Avenue South and 47th Avenue South, and directing the staff to contact the County with regards to obtaining financial assistance.

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

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Thomas M. Hagness, President of
the City Council