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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, May 15, 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, May 15, 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, Sande, Klave, Beyer, Babinchak, Hagness - 11; absent: Council Member Geller - 1.

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

COUNCIL MEMBER JOHNSON REPORTED PRESENT

PRESENT 20/20 GREATER GRAND FORKS VIDEO
FOR VIEWING

The city council viewed a video put together by the Visioning Steering Committee for the 20/20 Visioning Project, Greater Grand Forks. There were comments by Bob Gustafson, Grand Forks Chamber of Commerce, and Bob Boyd, University of North Dakota.

COUNCIL MEMBER McCABE REPORTED PRESENT

PRESENTATION OF HEALTH OFFICER CERTIFICATES

Dr. James Brousseau, city health officer, stated that in this modern day they need more expertise in the health field and for that reason has asked Dr. Jim Hargreaves, Infectious Diseases, and Dr. Eric Lunn, Maternal and Child Health, to join him in positions of authority in the health department.

Don Shields, executive director of health department, presented certificates
to Dr. Hargreaves, appointed as Grand Forks Infectious Disease Officer, and to Dr. Lunn, as Grand Forks Maternal and Child Health Officer.

PRESENT AWARDS TOBACCO FREE NORTH DAKOTA

Deb Swanson, city health nurse, rep. Tobacco Free North Dakota, presented awards to the Grand Forks Regional Airport Authority, Bob Selig, executive director, for providing a smoke-free environment for the passengers and visitors that pass through the doors of the Airport; and to Gail Kalenze, elementary school teacher, Belmont Elementary School, for outstanding service award.

APPROVE MINUTES MARCH 20 AND APRIL 3, 1995

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, March 20, 1995 and of the regular meeting held on Monday, April 3, 1995 were presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Babinchak that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3515, RE. ANNEXATION OF
COLUMBIA PARK 24TH ADDITION AND PART OF
WEST HALF OF SW QUARTER NW QUARTER SECTION 21,
T151N, R50W, 5TH PM

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Columbia Park 24th Addition, Grand Forks, North Dakota
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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 had been introduced and passed on its first reading on April 17, 1995, was presented and read for consideration on second reading and final passage.

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

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

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

ADOPT ORDINANCE NO. 3516, RE. LAND DEVELOPMENT
CODE, ZONING REGULATIONS IN R-1 AND R-2 DISTRICTS

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 had been introduced and passed on its first reading on April 17, 1995, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The City Planning and Zoning Commission reported having considered the matter of the request for final approval of an ordinance to amend the text of the Land Development Code, Article 2. Zoning Regulations; Section 18-0208, R-1 Single Family Residence District and R-2 One and Two Family Residence District, subsection (3) Conditional Uses (D) Structures of Historical Significance, and recommended final approval and passage of the ordinance to amend the text of the Land Development Code.

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

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

APPROVE FINAL PLAT, AND ADOPT ORDINANCE NO.
3517, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF MEDICAL PARK FOURTH ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way
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shown as dedicated on the plat of Medical Park Fourth Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 17, 1995 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The City Planning and Zoning Commission reported having considered the matter of the request from city engineering and planning departments on behalf of the City of Grand Forks, ND for final approval of the plat of Medical Park Fourth Addition to the city of Grand Forks, ND, being a portion of the N 1/2 of the SW 1/4 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 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 Map.

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

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

ADOPT ORDINANCE NO. 3518, AMENDING ZONING
MAP TO INCLUDE WITH I-2 DISTRICTS ALL OF
SW QUARTER SE QUARTER SECTION 31, T152N R50W
OF FIFTH PRINCIPAL MERIDIAN, LESS CERTAIN
PROPERTIES

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District, 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 had been introduced and passed on its first reading on April 17, 1995 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Darryl Wilson and the Trillium Corporation for final 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 Southwest Quarter of the 14019
May 15, 1995

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, ND (located between I-29 and North 48th Street and between Rose Avenue and 17th Avenue North extended), and recommended final approval and passage of the ordinance amending the zoning map.

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

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

APPROVE FINAL PLAT AND ADOPT ORDINANCE NO.
3519, TO AMEND STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF RAY RICHARDS GOLF COURSE 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 Ray Richards Golf Course Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Northwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on April 17, 1995, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Plant Services of the University of North Dakota for final approval of the plat of Ray Richards 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 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 Map.

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

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

ADOPT ORDINANCE NO. 3520, AMENDING ZONING MAP
TO INCLUDE WITHIN COLUMBIA PARK PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 7, WITHIN COLUMBIA
PARK 15TH ADDITION
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May 15, 1995

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, with all substantive changes lying within Columbia Park 15th Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 17, 1995, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

The City Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Arthur Greenberg, Jr. for final 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 final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance amending the zoning map.

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

It was moved by Council Member Sande and seconded by Council Member Beyer that the ordinance be amended to include "..with all substantive changes lying within..." after the words "...Amendment No. 7," in the ordinance. Carried 13 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, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 3521,
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
R/W SHOWN AS DEDICATED ON THE PLAT OF CENTENNIAL
ESTATES 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 Centennial Estates Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on first reading on April 17, 1995, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

President Hagness called upon the audience to see if there was anyone present
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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 Pribula Engineering and Surveying on behalf of Keith Danks for final 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 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 Map.

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

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

ADOPT ORDINANCE NO. 3522, AMENDING ZONING
MAP TO INCLUDE THE EAST HALF OF SE QUARTER
OF SECTION 7, T151N, R50W OF 5TH PRINCIPAL
MERIDIAN WITHIN CENTENNIAL ESTATES PUD,
CONCEPT DEVELOPMENT PLAN

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, and the south 142 feet of the East Half of the Northeast Quarter of Section 7, Township 151 North of Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which had been introduced and passed on first reading on April 17, 1995, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

Robert Bushfield, city planner, reported that he had met with property owners and requested that they delay construction of manufactured housing park for a year, that one of the problems in that development of manufactured housing subdivision is the extension of utilities, that utilities in about as far as 40th Street and that without necessary right of way unable to do; that they have agreed to delay action for a year. He stated they were proposing that the council pass ordinance but delay effective date to May 1, 1996.

Keith Danks, Jr. stated they are willing to go along with the delay for a year and concurs with Mr. Bushfield's comments.

President Hagness closed the public hearing.

The City Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering and Surveying on behalf of Keith Danks 14022
May 15, 1995

for final 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 Avenues South and between South 42nd Street and Interstate 29), and recommended final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance amending the zoning map.

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

It was moved by Council Member Glassheim and seconded by Council Member Hamerlik to amend the ordinance to change effective date of the ordinance to May 1, 1996 and to add additional unplatted land (area expanded to the north a distance of 142 feet to include a portion of the East Half of the Northeast Quarter of Section 7, Twp. 151 North of Range 50 West.) Carried 13 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, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the ordinance adopted.

CONTINUE SECOND READING OF ORDINANCE TO IMPOSE
SOLID WASTE SURCHARGE TO JUNE 19, 1995

An ordinance entitled "An ordinance adopting Section 13-0408.1 of the Grand Forks City Code relating to a garbage and rubbish collection surcharge", which had been introduced and passed on its first reading on April 17, 1995, was presented and read for consideration on second reading.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that second reading of the ordinance be continued to June 19, 1995, and the ordinance be referred back to the public service committee for further consideration. Carried 13 votes affirmative.

Mark Lambrecht, asst. director of public works, reported that the State Legislature did away with the 20-cent mo. surcharge that was to fund the regional solid waste district, that the District asked that the City pick up the surcharge and continue the surcharge in the same amount and form of collection, that the City is going to continue the surcharge and designate it partially to assist the regional solid waste board to continue their work and to help us site a new landfill; that they do not agree with way in which ordinance written in that it was written as being a City-imposed surcharge with the City using their discretion to designate the purposes for which the surcharge may be used, one of which is perpetuation of the Solid Waste Board, however, the Board wanted the entire proceeds of the surcharge turned over to them for their discretionary use; that he didn't feel they could go forward with ordinance as drafted without additional discussion.

ADOPT ORDINANCE NO. 3523, RELATING TO ON-STREET
TRUCK PARKING

An ordinance entitled "An ordinance amending Section 8-0904 of the Grand Forks City Code relating to on-street truck parking", which had been introduced and passed on its first reading on May 1, 1995, was presented and read for consideration on second reading and final passage.

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Howard Swanson, city attorney, reviewed several minor changes in the ordinance: change in name of title to eliminate any confusing reference to residential districts, that in subparagraph (1) they give reference in the first phrase, "..except as otherwise provided in this section". that the balance of subsection (1) reflects present Code; subsection (2) is a new provision which authorizes the city council to designate an on-street truck parking area, and subsection (3) virtually identical to what is existing in present Code. It was moved by Johnson and Sande to amend the ordinance accordingly. Carried 13 votes affirmative.

After some discussion relative to the size of the trucks and parking of campers/trailers on city streets and upon call for the question of adoption of this ordinance and upon roll call, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the ordinance adopted.

HOLD PUBLIC HEARING AND APPROVE APPLICATION
BY PROMARK ONE MARKETING, INC. FOR FIVE-YEAR
PROPERTY TAX EXEMPTION ON PROPOSED EXPANSION
AT 4324 UNIVERSITY AVENUE

The city auditor reported that pursuant to the provisions of Section 40-57.1 of the North Dakota Century Code, the city council had scheduled a public hearing for this evening to consider the application of ProMark One Marketing, Inc., 4324 University Avenue, for a five-year exemption of ad valorem taxation on the expansion of their existing facility at 4324 University Avenue (Lot B, Replat of Lots 17 and 20, Block B, Replat of Block 2, Village Resubdivision No. 2), which the applicant will use in the operation of his business (telemarketing services), and further that no protests or grievances had been filed with his office; however, he had not received affidavit of publication of the notice from the applicant.

A representative of ProMark One presented fax-back from the Grand Forks Herald verifying that they published the necessary documents in a timely fashion on April 22 and 29, 1995.

President Hagness called for the public hearing on this matter.

Elder Linda Hariston, 710 4th Avenue South, appeared and made comments relative to taxation.

There were no further comments and President Hagness closed the public hearing.

It was moved by Council Member McCabe and seconded by Council Member Beach that we do find and determine that the publication did occur on April 22 and 29 in the Grand Forks Herald and further find and determine an insufficiency of protest on the application. Carried 13 votes affirmative.

It was moved by Council Member Hoeppner and seconded by Council Member Hamerlik that we approve the application and grant a five-year 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. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 529, PROJECT NO.4246
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The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 529, Project No. 4246, paving on North 51st Street from 6th Avenue North to approximately 135 ft. north of 7th Avenue North, had expired on April 28, 1995 and had been continued until this evening because of a two-week delay in the bid opening, and that he had received no written protests.

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6490 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Paving District No. 529, Project No. 4246, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
4246, DISTRICT NO. 529

The city auditor presented and read tabulation of bids which had been received and opened on May 8, 1995 for Paving Project No. 4246, District No. 529, paving on North 51st Street from 6th Avenue North to approximately 135 ft. north of 7th Avenue North, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $89,625.75: Document No. 6491 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4246, District No. 529, in the amount of $114,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4246, District No. 529, paving North 51st Street from 6th Avenue North to 7th Avenue North, and recommended that we accept the low bid of Valley Contracting Company in the amount of $89,625.75.

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

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6491.1 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this resolution awarding the contract for Paving Project No. 4246, District No. 529, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 103, PROJECT NO. 4308

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 103, Project No. 4308, street lighting in Mighty Acres First Addition, had expired on May 12, 1995, and that he had received no written protests.
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May 15, 1995

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6492 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 103, Project No. 4308, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 104, PROJECT NO. 4309

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 104, Project No. 4309, street lighting on 11th Avenue South from South 30th Street to South 38th Street, had expired on May 12, 1995, and that he had received no written protests.

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6493 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 104, Project No. 4309, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 106, PROJECT NO. 4311

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 106, Project No. 4311, street lighting on South 36th Street from 22nd to 24th Avenue South in Birkholz' 4th Addition, had expired on May 12, 1995 and that he had received no written protests.

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6494 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 106, Project No. 4311, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, STREET LIGHTING PROJECTS
NOS. 4308, 4309 AND 4311

The city auditor presented and read tabulation of bids which had been received and opened on May 8, 1995 for Street Lighting Project No. 4308, District No. 103, street lighting in Mighty Acres First Addition; Project No. 4309,
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District No. 104, street lighting on 11th Avenue South from South 30th Street to South 38th Street; and Project No. 4311, District No. 106, street lighting on South 36th Street from 22nd to 24th Avenue South in Birkholz' 4th Addition; indicating that Bergstrom Electric, Inc. was the low bidder based upon their bids in the amounts of $9,590.00, $20,530.00 and $4,300.00 respectively, for a total bid of $34,420.00: Document No. 6495 - Bid Tabulation.

The city engineer's estimates of total cost for Street Lighting Project No. 4308, District No. 103; Project No. 4309, District No. 104; and Project No. 4311, District No. 106, in the amounts of $12,500.00, $26,500.00 and $5,500.00, respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the bids for Project No. 4308, District No. 103, street lighting in Mighty Acres; Project No. 4309, District No. 104, street lighting on 11th Avenue South from South 30th to South 38th street; and Project No. 4311, District No. 106, street lighting on South 36th Street from 22nd Avenue South to 24th Avenue South; and recommended that we accept the low bids of Bergstrom Electric, Inc. in the amounts of $9,590.00, $20,530.00 and $4,300.00 respectively, for a total bid of $34,420.00.

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

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6495.1 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution awarding the contract for Street Lighting Project No. 4308, District No. 103, Project No. 4309, District No. 104, and Project No. 4311, District No. 106, to Bergstrom Electric, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 108, PROJECT NO. 4323

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 108, street lighting on North 47th Street from 6th Avenue North to 12th Avenue North, had expired on May 12, 1995, and that he had received no written protests.

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6496 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 108, Project No. 4323, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 109, PROJECT NO. 4343

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The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 109, Project No. 4343, street lighting on 30th Avenue South and South 34th Street, had expired on May 12, 1995, and that he had received no written protests.

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6497 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 109, Project No. 4343, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 107, PROJECT NO. 4329

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 107, Project No. 4329, street lighting on North 36th Street from Gateway Drive to Conte Luna processing plant, had expired on May 12, 1995, and that he had received no written protests.

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6498 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 107, Project No. 4329, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, STREET LIGHTING PROJECTS
NOS. 4323, 4343 AND 4329

The city auditor presented and read tabulation of bids which had been received and opened on May 8, 1995 for Street Lighting Project No. 4323, District No. 108, street lighting on North 47th Street from 6th Avenue North to 12th Avenue North; Street Lighting Project No. 4343, District No. 109, street lighting on 30th Avenue South and South 34th Street; and Street Lighting Project No. 4329, District No. 107, street lighting on North 36th Street from Gateway Drive to Conte Luna processing plant; indicating that Northern Electric Construction, Inc., Fargo, was the low bidder based upon their bids in the amounts of $16,676.00, $14,800.00 and $19,000.00, for a total bid of $50,476.00: Document No. 6499 - Bid Tabulation.

The city engineer's estimates of total cost for Street Lighting Project No. 4323, District No. 108; Street Lighting Project No. 4343, District No. 109; and Street Lighting Project No. 4329, District No. 107, in the amounts of $21,500.00, $19,000.00 and $24,500.00, respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4323, District No. 108, North 47th Street from 6th to 12th
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Avenue North; Project No. 4343, District No. 109, street lighting on South 34th Street and 30th Avenue South; and Project No. 4329, District No. 107, street lighting on North 36th Street from Gateway Drive to pasta plant; and recommended that we accept the low bids of Northern Electric, Fargo, in the amounts of $16,676.00, $14,800.00 and $19,000.00, respectively for a total bid of $50,476.00.

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

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6499.1 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution awarding the contract for Street Lighting Project No. 4323, District No. 108; Street Lighting Project No. 4343, District No. 109; and Street Lighting Project No. 4329, District No. 107, to Northern Electric Construction, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the resolution adopted and the contract awarded.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Beyer and seconded by Council Member Klave that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 13 votes affirmative.

Public Service Committee:
1) matter of driveway construction at 715 Lewis Boulevard.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of April 30, 1995 was presented and read. It was moved by Council Member Beyer and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment List No. 95-08, dated May 15, 1995, and totaling $954,357.42, all having been audited by the city auditor for payment in accordance with Regulation No.2, was presented and read.

It was moved by Council Member McCabe and seconded by Council Member Hanson that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried and the bills ordered paid.

ADOPT INITIAL RESOLUTION AUTHORIZING
ISSUANCE AND CALLING FOR THE PUBLIC SALE
OF GENERAL OBLIGATION TAX INCREMENT BONDS,
SERIES 1995B

Committee No. 1, Finance, reported having considered the matter of bond issues as follows: tax increment financing for Wintergarden Assoc., LLC (Kedney
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Warehouse Apts.,901 University Avenue), and tax increment financing for Grand Forks Grocery (GFG), and recommended adoption of initial resolutions authorizing issuance and calling for the sale of $740,000 General Obligation Tax Increment Bonds, Series 1995B, with a term of 20 years, and to set the date of sale as June 19, 1995.

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

Council Member Babinchak introduced the following resolution and moved its adoption: Document No. 6500 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member McCabe, and upon vote being taken thereon, the following voted in favor: Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the President of the City Council and his signature attested by the City Auditor.

ADOPT RESOLUTION RELATING TO WATER RESERVE
REVENUE BONDS, SERIES 1995C; CALLING FOR THE
PUBLIC SALE THEREOF

Committee No. 1, Finance, reported having considered the matter of bond issue for water revenue bonds, and recommended to adopt the resolution authorizing the issuance and calling for the sale of $2,100,000 Water Reserve Revenue Bonds, Series 1995C, and setting the date of sale as June 19, 1995.

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

Council Member Babinchak introduced the following resolution and moved its adoption: Document No. 6501 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member McCabe and upon vote being taken thereon the following voted in favor: Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the President of the City Council and his signature attested by the City Auditor.

ADOPT RESOLUTION RELATING TO SEWER RESERVE
REVENUE BONDS, SERIES 1995D; CALLING FOR THE
PUBLIC SALE THEREOF

Committee No. 1, Finance, reported having considered the matter of bond issue for sewer revenue bonds, and recommended adoption of the resolution authorizing the issuance and calling for the sale of $1,240,000 Sewer Reserve Revenue Bonds, Series 1995D, and setting the date of sale as June 19, 1995.

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

Council Member Babinchak introduced the following resolution and moved its adoption: Document No. 6502 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by
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Council Member McCabe and upon vote being taken thereon the following voted in favor: Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the President of the City Council, and his signature attested by the City Auditor.

APPROVE APPLICATIONS FOR 3-YEAR REMODELING
EXEMPTION

Committee No. 1, Finance, reported having considered the applications for 3-year remodeling exemptions: a) 901 Belmont Road, b) 808 Lincoln Drive, and c) 4324 University Avenue, and recommended that the applications for three-year remodeling exemptions be approved with exceptions as noted by the city assessor.

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

RECEIVE AND FILE ANNUAL FINANCIAL REPORT FOR
TCI OF NORTH DAKOTA, INC.

Committee No. 1, Finance, reported having considered the matter of the financial report for TCI of North Dakota, Inc. and recommended to receive and file the auditor's report from TCI.

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

APPROVE BONDS FOR AUDITOR, MUNICIPAL JUDGE
AND ASSESSOR

Committee No. 1, Finance, reported having considered the matter of bonds for auditor, municipal judge and assessor, and recommended that bonds as required by NDCC 40-13-02 be approved through the State Bonding Fund for the city auditor, municipal judge and assessor.

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

APPROVE BUDGET AMENDMENTS

Committee No. 1, Finance, reported having considered the following budget amendment requests: 1) $2,254.00 from Cash Carryover to Noxious Weed Control; and 2) $3,515.00 loan from Loan and Stabilization Fund for purchase of city flags, and recommended approval. It was moved by Council Member Babinchak and seconded by Council Member McCabe that these budget amendments be and are hereby approved. Carried 13 votes affirmative.

INTRODUCE ORDINANCE AMENDING CHAPTER 14 OF CITY
CODE, PARKING AUTHORITY, RE. DEFINITIONS OF
OPERATION AND MAINTENANCE

Committee No. 1, Finance, reported having considered the matter of amending Chapter 14 (Section 14-0203) of the City Code, Parking Authority, request to amend definition of operation and maintenance to include construction and acquisition of property, and recommended that we amend the ordinance to include in the definition of basic parking charge language allowing the costs
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for acquisition and construction; to include the addition of a separate definition of the phrase "operation and maintenance" and in addition to its common usage to include cost of acquisition and construction of parking facilities; and to introduce for first reading.

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

Council Member Beach questioned what the practical effect of passing this amendment would be because of the possible significant departures of retail stores downtown, and whether should be moving ahead with this matter of the parking ramp and has heard public input which would run counter to building this at this time.

Mr. Swanson, city attorney, advised that when the parking ramp was first raised as an issue the proposal included that a portion of the cost would be paid by the Central Business District through their accumulation of funds under the basic parking charge, that in reviewing he suggested that there was a question or perhaps a conflict within the Code as to whether the basic parking charge could or could not include, in addition to normal maintenance and operation costs, cost for acquisition or construction of a facility. He stated he pointed that out to Mr. Tingum who is acting as a consultant to that group, which they discussed, and told him he thought it would be best if the intent of the Central Business District was to accumulate funds through a basic parking charge for the possible acquisition or construction of a parking ramp or of any additional parking lot or of any additional facilities; that the definition of a basic parking charge be amended to specifically include the language, including the cost of acquisition and construction. He stated that in addition he pointed out that there was no definition of operation and maintenance and suggested to identify or make clear that there is no conflict and to specifically to provide the authority for that, to include a new definition of operation and maintenance, which would also incorporate the ability to include costs of acquisition and construction. He reported that if the ordinance is passed, the effect will be that through the normal or basic parking charge as imposed upon businesses on monthly or quarterly basis, the Central Business District would be able to accumulate funds and to expend funds to further either the acquisition or construction of parking facilities which may or may not include a ramp, which may or may not include additional surface parking. He stated funds could be used for anything from snow removal to concrete repair, asphalt maintenance, etc. in addition to planning, design, construction or acquisition of land.

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

Council Member Sande introduced an ordinance entitled "An ordinance



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

APPROVE JOB DESCRIPTION FOR PROJECT
ENGINEER III AND REFER TO CIVIL SERVICE
FOR CLASSIFICATION

Committee No. 1, Finance, reported having considered the matter of job description for Project Engineer III, and recommended to approve the job description and to refer to Civil Service for classification.

Committee No. 3, Public Service, reported having considered the matter of the job description for Project Engineer III, and recommended approval of the job
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description.

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

APPROVE PLEDGED SECURITIES

Committee No. 1, Finance, reported having considered with the city auditor the requirements of the NDCC, as amended, which requires that pledges made by designated depositories of the public funds be approved in January of each even-numbered year and semi-annually, and reported that they have examined the records and found that:

the First National Bank of Grand Forks has deposited with the Federal Reserve Bank of Minneapolis $2,000,000 in FNMA Remic 92-214PE, 7.0%, due 9-25-17 and $70,000.00 in FNMA Remic 1991-90FA, 6.575%, due 7-25-21; and has deposited with the Norwest Bank of Minneapolis: $40,000 in Bismarck,ND Water & Sewer, 8.75%, due 5-1-96; $270,928.63 in FNMA Remic, Ser 1992-211F, var., due 2-25-22; $3,535,000.50 in FHLMC Gold Remic, 1640-V, 6.5%, due 12-15-98; and $2,100,000.00 in FNMA Remic, Ser 1992-177FB, 6.725%, due 6-25-18;

that the First American Bank - Valley has deposited with: the American National Bank and Trust Company of St. Paul: $1,500,000.00 in FHLMC Remic 1603IF, variable, due 1-15-23; and

that the First Bank has deposited with the Federal Home Loan Bank of Des Moines: $5,400,000.00 in US Treasury Note, 4.625%, due 2-1-96;

of which a detailed listing is available in the city auditor's office; all of which have been pledged as securities for public funds of the City of Grand Forks, and receipts from the Federal Reserve Bank and other financial institutions accepting custody of the above bonds are on file in the auditor's office; and recommended that these pledged securities be and are hereby re-approved as required.

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

APPROVE REQUEST TO HOLD POTATO BOWL PARADE
ON SEPTEMBER 16

Committee No. 2, Public Safety, reported having considered the request by Grand Forks Jaycees to hold parade in conjunction with Potato Bowl USA week on Saturday, September 16, 1995, and recommended approval of the request subject to coordinating the event with the police department and subject to signing of an indemnity and hold harmless agreement.

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

DENY REQUEST FOR STOP SIGN AT 47TH AND
BELMONT ROAD

Committee No. 2, Public Safety, reported having considered the request for stop sign at 47th Avenue south and Belmont Road, and recommended to deny the request.

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

DENY REQUEST FOR "CHILDREN AT PLAY" SIGN
ON GRASSY HILLS LANE AND INSTRUCT TRAFFIC
ENGINEER TO INVESTIGATE USE OF PORTABLE
SPEED BUMPS

Committee No. 2, Public Safety, reported having considered the request for "children at play" sign on Grassy Hills Lane, and recommended to deny the request to investigate the use of portable speed bumps.

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

APPROVE REQUEST BY YMCA FAMILY CENTER TO
HOLD COMMUNITY SPECIAL EVENTS

Committee No. 2, Public Safety, reported having considered the request by the YMCA Family Center to hold community special events as follows: 1) June 3, YMCA Biathlon for Kids & Adults, Run/Bike/Run; 2) June 17, YMCA Family Fund Run and Canine Mile and Diaper Derby, Riverside Park; 3) August 6, YMCA Triathlon for Kids & Adults, Swim/Bike/Run; and recommended to approve the requests, subject to coordinating with the police department and signing of indemnity and hold harmless agreements for each event.

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

APPROVE BUDGET AMENDMENT

Committee No. 2, Public Safety, reported having considered the request from the Health Department to reflect $5,573.00 in Local Health Services grant monies for April-June, 1995, and recommended approval of the budget amendment.

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

APPROVE CHANGE IN PARKING ON BELMONT ROAD

Committee No. 2, Public Safety, reported having considered the request to change parking on Belmont road north of 13th Avenue South from east side to west side of street, and recommended to approve change in parking on Belmont road, to install loading zone by the school and to stripe streets to include a turning lane.

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

SUSPEND AGENDA AND CONSIDER ITEM RELATING TO
RESOLUTION OF SUPPORT FOR EQUITABLE DISTRIBUTION
OF FEDERAL TRANSIT ADMINISTRATION FUNDS IN
STATE OF NORTH DAKOTA

It was moved by Council Member Hanson and seconded by Council Member Sande to suspend the agenda and to consider the item 7-45 relating to a recommendation from the Bus Committee re. distribution of federal funds for transportation in
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the State. Carried 13 votes affirmative.

ADOPT RESOLUTION OF SUPPORT FOR EQUITABLE
DISTRIBUTION OF FEDERAL TRANSIT ADMINISTRATION
FUNDS

The Bus Committee reported having considered the matter of resolution of support for an equitable distribution of Federal Transit Administration funds in the State of North Dakota, and recommended approval of the resolution of support for an equitable distribution of Federal Transit Administration funds in the State of North Dakota, contingent on approval by the city attorney.

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

Council Member Hanson introduced the following resolution which was presented and read: Document No. 6503 - Resolution.

It was moved by Council Member Hanson and seconded by Council Member Sande that this resolution be and is hereby adopted. Carried 13 votes affirmative.

REFER MATTER OF PETITIONS SUPPORTING UNDERPASSES
ON SOUTH WASHINGTON STREET BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of petitions supporting underpasses on South Washington Street as part of the reconstruction project, and recommended to endorse and recommend three under-
passes on South Washington Street.

Council Members Hamerlik and Klave asked that this matter be referred back to committee for further consideration. President Hagness referred the matter back to committee.

APPROVE EXTENSION OF COMPLETION DATE FOR
PROJECT NO. 4199, LIFT STATION UPGRADING

Committee No. 3, Public Service, reported having considered the request for extension of the completion date for Project No.4199, Lift Station upgrading,
and recommended approval of request for extension of the completion date from July 1 to September 1, 1995.

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

AUTHORIZE ENTERING INTO AGREEMENT WITH WFW
FOR ENGINEERING SERVICES FOR PROJECT NO. 4044,
6TH AVENUE NORTH RECONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of construction engineering agreement with Webster, Foster & Weston for Project No. 4044, 6th Avenue North reconstruction, and recommended approval of the agreement in the amount of $174,192.42.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried and the contract awarded.
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ACCEPT LOW BID FOR PROJECT NO. 4328, ROOF
REPLACEMENT ON LIME SLUDGE DEWATERING PLANT

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4328, new roof on sludge plant, and recommended that we accept the low bid of Northern Roofing & Sheet Metal, Inc., Grand Forks, in the amount of $23,950.00.

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

ACCEPT LOW BIDS FOR PROJECT NOS. 3947
AND 4250, FEDERAL AID PROJECTS FOR PEDESTRIAN/
BIKEWAY PROJECTS

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 3947, bikepath from DeMers to 17th Avenue South, and for Project No. 4250, bikepath from 29th Street to 32nd Avenue South (Federal Aid Project No. TEU-6-986(032)05 and No. TEU-6-986(035)038), and recommended that we accept the low bid of Strata Corporation in the amount of $341,709.11.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECTS
NOS. 4344, 4345 AND 4346 TO BE INSTALLED
UNDER PRIVATE CONSTRUCTION

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for utilities in Columbia Park 15th Addition: Project No. 4344, sanitary sewer; Project No. 4345, watermain; and Project No. 4346, storm sewer; and recommended that we approve plans and specifications contingent upon engineer's comments.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 4321, DISTRICT NO. 361

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4321, District No. 361, storm sewer on 38th 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 Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Hamerlik introduced the following resolution which was
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presented and read: Document No. 6504 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 13 votes affirmative.

APPROVE VARIOUS EASEMENTS

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement for storm sewer in Mighty Acres lying south of 47th Avenue South between Chestnut Street and Cherry Street, for and in consideration of the sum of $1.00, Crary Homes & Real Estate, Inc., grantor, and recommended that the easement be approved and that the proper City officials be and are hereby authorized to sign said easement.

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

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement for Watermain Replacement Project No. 4275.01, on South Washington Street and 8th Avenue South, for and in consideration of the sum of $1.00, Leevers Supermarket, Inc., grantor, and recommended that the easement be approved and that the proper City officials be and are hereby authorized to sign said easement.

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

Committee No. 3, Public Service, reported having considered the matter of fire hydrant easement for Watermain Replacement Project No. 4276, at 14th Avenue South between South 10th and South 11th Streets, for and in consideration of the sum of $150.00 and other good and valuable considerations, Jayson and Roxann Sorum, grantors, and recommended that we approve the easement and that the proper City officials be and are hereby authorized to sign said easement.

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

Committee No. 3, Public Service, reported having considered the matter of fire hydrant easement for Watermain Replacement Project No. 4276, at 14th Avenue South between South 10th and 11th Streets, for and in consideration of the sum of $150.00 and other good and valuable considerations, Terrance and Charis Zacher, grantor, and recommended that the easement be approved, and that the proper City officials be and are hereby authorized to sign said easement.

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

AUTHORIZE ENTERING INTO COST PARTICIPATION
AND MAINTENANCE AGREEMENT WITH THE NORTH DAKOTA
DEPARTMENT OF TRANSPORTATION FOR INTERSECTION
IMPROVEMENTS AT 32ND AVENUE SOUTH AND SOUTH 20TH
STREET, STATE PROJECT NO. HEU-6-986(039)042,
CITY PROJECT NO. 4024
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Committee No. 3, Public Service, reported having considered the matter of revised cost participation and maintenance agreement with North Dakota Department of Transportation for intersection (signal) improvements at 32nd Avenue South and South 20th Street, State Project No. HEU-6-986(039)042, City Project No. 4024, and recommended to approve the agreement and authorize entering into the agreement with the North Dakota State Department of Transportation, City's share $3,290.00.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 4006,
DEMERS AVENUE PHASE II

Committee No. 3, Public Service, reported having considered Change Order No. 11 for Project No. 4006, DeMers Avenue Phase II, in the amount of $198.66, City's share approx. $40.00, and recommended approval of the change order.

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

APPROVE REVISED ENGINEER'S REPORT FOR STREET
LIGHTING PROJECT NO. 4323, DISTRICT NO. 108

Committee No. 3, Public Service, reported having considered the matter of revised engineer's report for Project No. 4323, District No. 108, street lighting (to remove 25% City share for classified street) and recommended approval of the revised engineer's report: Document No. 6505 - Report.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4319, DISTRICT NO. 360

Committee No. 3, Public Service, reported having considered the matter of creating assessment district for Project No. 4319, District No. 360, sanitary sewer on 30th Avenue South from South 38th Street to South 42nd Street, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 6506 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following
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May 15, 1995

voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
4319, DISTRICT NO. 360

The city auditor presented and read the engineer's report on Sewer District No. 360, Project No. 4319: Document No. 6507 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SEWER DISTRICT NO. 360, PROJECT NO. 4319

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6508 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 4320, DISTRICT NO. 239

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4320, District No. 239, watermain on 30th Avenue South from South 38th Street to South 42nd 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 we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 6509 - Resolution.

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

ACCEPT ENGINEER'S REPORT, WATERMAIN DISTRICT
NO. 239, PROJECT NO. 4320

The city auditor presented and read the engineer's report on Watermain District No. 239, Project No. 4320: Document No. 6510 - Report.

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


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May 15, 1995

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
WATERMAIN DISTRICT NO. 239, PROJECT NO. 4320

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6511 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 13 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4363, DISTRICT NO. 538

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4363, District No. 538, paving South 38th Street from 30th Avenue South to 29th Avenue South, and recommended that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements.

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

Council Member Hamerlik introduced the following resolution creating the district, which was presented and read: Document No. 6512 - Resolution.

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

ACCEPT ENGINEER'S REPORT, PAVING DISTRICT
NO. 538, PROJECT NO. 4363

The city auditor presented and read the engineer's report on Paving District No. 538, Project No. 4363: Document No. 6513 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING
DISTRICT NO. 538, PROJECT NO. 4363

Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 6514 - Resolution.

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

SET PUBLIC HEARING FOR VACATION OF PORTION
OF NORTH 47TH STREET

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May 15, 1995

Committee No. 3, Public Service, reported having considered the request for vacation of portion of old North 47th Street, and recommended to accept the vacation request and approve contingent upon the property being platted, and to set the public hearing date as June 19, 1995.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be approved, that the request be accepted, and that a notice of public hearing be published as required. Carried 13 votes affirmative.

APPROVE BUDGET AMENDMENTS

A request for budget amendment in the amount of $392,000 for Project No. 3987, Corps of Engineers, flood control study, was presented and read. It was moved by Council Member Hamerlik and seconded by Council Member Klave that this amendment be and is hereby approved. Carried 13 votes affirmative.

A request for budget amendment in the amount of $16,000 for Central Garage to reflect unanticipated revenues to be used to purchase additional resale items, was presented and read. It was moved by Council Member Hamerlik and seconded by Council Member Klave that this budget amendment be and is hereby approved. Carried 13 votes affirmative.

ADOPT CONSOLIDATED PLAN

Committee No. 4, Urban Development, reported having considered the matter of the consolidated plan, and recommended that the consolidated plan be adopted.

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

APPROVE BUDGET AMENDMENT

A request for budget amendment by the Office of Urban Development in the amount of $645,355 to reflect cash balances at end of 1994, was presented and read.

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

APPROVE PROPOSED LOCATION FOR DETOX CENTER
AND REFER MATTER OF DEFINITION OF DETOX CENTER/
FACILITY TO PLANNING AND ZONING COMMISSION

Committee No. 4, Urban Development, reported having considered the matter of location for a detox center, and recommended the rear of the Berg Building as the location of a detox center and that we request Planning and Zoning to make finding of compatibility with existing use of a B-2 Zone.

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

There was some discussion as to whether the council should vote on this matter piecemeal as it was referred to three committees, or wait and vote on as a total package. Council Member Glassheim stated that it was his understanding that there is no place in the City Code which permits a detox center, and this would be area where detox center would be if there is one, that he would like to move ahead

It was moved by Council Member Glassheim and seconded by Council Member Beach
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May 15, 1995

to amend the motion that the council approve this location for a detox center if there is one and also to refer matter of the definition of a detox center to Planning and Zoning.

Theron Nelson, 505 South 6th Street, asked what proposed location is, and Council Member Glassheim stated that proposed location at the rear alley entrance of the Berg Building behind City Center Mall in alley between 3rd and 4th Streets. Council Member Glassheim stated that a number of people looked at this site, that it seems appropriate as it is not in a residential district, building owned by the City, and if a non-profit were to operate there would be some rent to the City, cost significantly less than what originally thought, and feel this is suitable location for a detox center.

Upon call for the question on the amendment and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson - 11; voting "nay": Council Members Hamerlik, Hagness - 2. President Hagness declared the motion carried.

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

COUNCIL MEMBER HANSON EXCUSED

GRANT FINAL 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 request from Pribula Engineering and Surveying on behalf of Keith Danks for final 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 final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF LINDGREN'S RESUBDIVISION

The Planning and Zoning Commission reported having considered the request from Donald H. Lindgren on behalf of J.E.P., Inc. for final 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 final approval subject to special conditions shown on or attached to the review copy including approval of combined parking on Lot 2 for the benefit of Lot 1.

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

INTRODUCE ORDINANCE TO ANNEX PARTS OF SECTION
31, T151N R50W OF THE 5TH PRINCIPAL MERIDIAN

The City Planning and Zoning Commission reported having considered the request from Jim Bradshaw on behalf of Strata Corporation for approval to annex all that unplatted property lying within the West Half of the Southeast Quarter
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May 15, 1995

and within the South Half of the Southwest Quarter of the Northeast Quarter of Section 31, Township 152 North of Range 50 West of the 5th Principal Meridian being bounded on the south by Skelly Oil Company Subdivision, on the north by the northerly right of way line of the Burlington Northern Railroad spur track, on the east by Interstate 29 right of way and n the west by Korynta-Lemm Subdivision, and recommended approval of the ordinance to annex, to introduce the ordinance and to set the date of the public hearing for June 5, 1995.

It was moved by Council Member Glassheim and seconded by Council Member Beyer 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, parts of Section 31, Township 152 North of Range 50 West of the 5th Principal Meridian as described", which was presented, read and passed on its first reading.

APPROVE FINAL 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 final 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 Avenues South and between South 34th and 38th Streets), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

GRANT FINAL APPROVAL OF COLUMBIA PARK PUD,
DETAILED DEVELOPMENT PLAN, SINGLE FAMILY,
LOTS 1-12 AND 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 final approval 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 final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE A PIZZA DELIVERY SERVICE IN AN I-1
(LIGHT INDUSTRIAL) DISTRICT BY CONDITIONAL
USE PERMIT

The Planning and Zoning Commission reported having considered the matter of the request from Bryan Kuenzel and Gary Sondreal on behalf of Derrick Kuenzel for approval of a pizza delivery service in an I-1 (Light Industrial) District by conditional use (located at 2121 Dyke Avenue), and recommended approval of a conditional use permit to allow a pizza preparation and delivery service in
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May 15, 1995

an I-1 (Light Industrial) District for a period of fifteen years on Lots 6 and 7, Block 8, Dacotah Place Addition (located at 2121 Dyke Avenue).

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

GRANT APPROVAL OF MULTI-FAMILY RESIDENTIAL
IN AN R-2 DISTRICT BY CONDITIONAL USE, SUBJECT
TO SPECIAL CONDITIONS AT 911 COTTONWOOD STREET,
` ROOSEVELT CENTER

The Planning and Zoning Commission reported having considered the matter of the request from Schoen Associates, Inc. on behalf of Winter Garden Associates, LLC, for approval of multi-family residential (16 units) in an R-2 (One and Two Family Residence) District by conditional use subject to special conditions, Lots 13 through 24, Block 10, Hackney's Addition (located in the Roosevelt Center at 911 Cottonwood Street), and recommended approval of a conditional use permit to allow multi-family residential in an R-2 (One and Two Family Residence) District for a period of 99 years on Lots 13 through 24, Block 10, Hackney's Addition, located at 911 Cottonwood Street.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS 10
AND 11, BLOCK 3, INDUSTRIAL SUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Grand Forks Development Foundation for administrative preliminary approval (fast track) and final approval of the Replat of Lots 10 and 11, Block 3, Industrial Subdivision, Grand Forks, ND (located in the 700 block of South 46th Street), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE MINOR CHANGE NO. 1 TO INDUSTRIAL
PUD (PLANNED UNIT DEVELOPMENT), DETAILED
DEVELOPMENT PLAN, AREA I, NATIONAL GUARD
ARMORY, LOT A, BLOCK 1, REPLAT OF INDUSTRIAL
SUBDIVISION NUMBER 5

The Planning and Zoning Commission reported having considered the matter of the request from Schoen Associates on behalf of the North Dakota National Guard for approval of minor change No. 1 to Industrial PUD (Planned Unit Development), Detailed Development Plan, Area I, National Guard Armory, Lot A, Block 1, Replat of Industrial Subdivision Number 5, Grand Forks, ND (located between 13th Avenue and 17th Avenue South and between I-29 and South 48th Street), and recommended approval subject to special conditions shown on or attached to the review copy.

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


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May 15, 1995

INTRODUCE ORDINANCE TO ANNEX ALL OF J.F. FIRST
ADDITION AND ALL THAT UNPLATTED PROPERTY LYING
WITHIN THE SRLY. 500 FEET OF SE1/4 OF SE1/4
OF SECTION 18, T151N R50W OF 5TH PM

The Planning and Zoning Commission reported having considered the matter of the request from Paul Sproule on behalf of Johnson Farms for approval to annex all of J.F. First Addition to the city of Grand Forks, ND being a portion of the South Half of the Southeast Quarter of Section 18, Township 151 North of Range 50 West of the 5th Principal Meridian (located in the northeast corner of 32nd Avenue South and South 44th Street), and recommended approval of the ordinance to annex, to introduce the ordinance and to set the date of the public hearing for June 5, 1995.

It was moved by Council Member Glassheim and seconded by Council Member Beyer 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 J.F. First Addition to the city of Grand Forks, North Dakota, and all that unplatted property lying within the Southerly 500 feet of the Southeast Quarter of the Southeast Quarter of Section 18, Township 151 North of Range 50 West of the 5th Principal Meridian, which lies easterly of and adjacent to said J.F. First Addition, including Interstate 29 right of way less any portion previously annexed", which was presented, read and passed on its first reading.

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

The Planning and Zoning Commission reported having considered the matter of the request from Paul Sproule on behalf of Johnson Farms for preliminary approval of the plat of J.F. First Addition to the city of Grand Forks, ND being a portion of the South Half of the Southeast Quarter of Section 18, Township 151 North of Range 50 West of the 5th Principal Meridian (located in the northeast corner of 32nd Avenue South and South 44th 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 June 19, 1995.

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

Council Member Hoeppner introduced 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 J.F. First Addition to the city of Grand Forks, North Dakota, being a portion of the South Half of the Southeast Quarter of Section 18, Township 151 North of Range 50 West of the 5th Principal Meridian", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE J.F. PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
ALL OF J.F. FIRST ADDITION, INCLUDING THE SE
QUARTER OF SECTION 18, T151N R50W OF 5TH
P.M. LYING WEST OF I-29 R/W LESS ANY PORTION
OF THE KINDNESS ANIMAL CLINIC PROPERTY
14045
May 15, 1995

The Planning and Zoning Commission reported having considered the matter of the request from Paul Sproule on behalf of Johnson Farms for preliminary approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the J.F. PUD (Planned Unit Development), Concept Development Plan, all of J.F. First Addition to the city of Grand Forks, ND (located in the northeast corner of 32nd Avenue South and South 44th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the attached ordinance amending the zoning map and to set the date of the public hearing for June 19, 1995.

It was moved by Council Member Glassheim and seconded by Council Member Beyer 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 A-2 (Agricultural Reserve) District and to include within the J.F. PUD (Planned Unit Development), Concept Development Plan, all of J.F. First Addition, Grand Forks, North Dakota, including the southeast Quarter of Section 18, Township 151 North of Range 50 West of the 5th Principal Meridian lying west of Interstate 29 right of way less any portion of the Kindness Animal Clinic property", which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL OF J.F. PUD
(PLANNED UNIT DEVELOPMENT) DETAILED DEVELOPMENT
PLAN, OFFICE AND MAINTENANCE SHOP COMPLEX

The Planning and Zoning Commission reported having considered the matter of the request from Paul Sproule on behalf of Johnson Farms for preliminary approval of J.F. PUD (Planned Unit Development), Detailed Development Plan, Office and Maintenance Shop Complex (located in the northeast corner of 32nd Avenue South and South 44th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN WASHINGTON ESTATES PUD,
CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1,
ALL OF FLAAT-MIKKELSON ADDITION AND ALL OF
WASHINGTON ESTATES RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of request from the City of Grand Forks for preliminary approval of an ordinance to amend the Zoning Map to exclude from Washington Estates PUD (Planned Unit Development), Concept Development Plan, and to include within Washington Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Flaat-Mikkelson Addition and all of Washington Estates Resubdivision (located between South 10th Street extended and South Washington Street and between 38th and 40th Avenues South), 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 June 19, 1995.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.
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May 15, 1995

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 Washington Estates PUD (Planned Unit Development), Concept Development Plan, and to include within the Washington Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Flaat-
Mikkelson Addition and all of Washington Estates Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

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

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Ralph and Ruth Adams and LaVonne Adams for preliminary approval of the plat of Shadyridge Estates Second Addition, Grand Forks Township, Grand Forks County, ND, being a portion of the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southeast Quarter of Section 26, Township 151 North of Range 50 West of the 5th Principal Meridian (located east of Adams Drive within Shadyridge Court and also including a request for a variance in the access of residential dwellings to classified collector street (City Code Section 18-0907(2)(L)2), 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 June 19, 1995, including approval of a variance to city code Section 18-0907(2)(L)2 relating to the access of residential dwellings to classified collector streets and approval of a variance to City Code Section 18-0907(5)(A) relating to minimum lot areas.

It was moved by Council Member Glassheim and seconded by Council Member Beyer 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 Shadyridge Estates Second Addition, Grand Forks Township, Grand Forks, North Dakota, being a portion of the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southeast Quarter of Section 26, Township 151 North of Range 50 West of the 5th Principal Meridian", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO ANNEX ALL OF CENTENNIAL
ESTATES ADDITION TO THE CITY OF GRAND FORKS

The Planning and Zoning Commission reported having considered the matter of the request from Keith Danks for approval of an ordinance to annex 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 approval of the ordinance to annex, to introduce the ordinance and to set the date of the public hearing for June 5, 1995.

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

It was moved by Council Member Glassheim and seconded by Council Member Carpenter to amend the motion to add additional land to the east of Centennial Estates in order to have both sides of South 42nd Street within the annexation. Carried 11 votes affirmative; Council Member Babinchak voted against the motion.
14047
May 15, 1995

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

Council Member Glassheim moved to direct staff to acquire the necessary right of way on 11th Avenue South to enable the extension of utilities to the west side of South 42nd Street; the motion was seconded by Council Member Carpenter. Carried 13 votes affirmative.

Council Member Hoeppner introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Centennial Estates Addition, Grand Forks, North Dakota, including all of the Interstate 29 right of way adjacent thereto and including all that portion of the West Half of the Southwest Quarter of Section 8, Township 151 North of Range 50 West of the 5th Principal Meridian lying easterly of and adjacent to said Centennial Estates Addition less any portion previously annexed", which was presented, read and passed on its first reading.

COUNCIL MEMBER HANSON REPORTED BACK

ADOPT 1996 BUDGET RESOLUTION AND REFER BACK
TO BUDGET FRAMEWORK COMMITTEE MATTER FORM OF
CITY GOVERNMENT

The Budget Framework Committee reported having reviewed and/or considered various items, and recommended the following: Document No. 6515 - Resolution.

COUNCIL MEMBER BEACH EXCUSED

After some discussion re. form of government, full-time mayor's position and/or city manager position and salary; it was moved by Council Hoeppner and seconded by Council Member Carpenter that the budget resolution be adopted by the city council to give guidance to the mayor in the establishment of the 1996 budget. Carried 12 votes affirmative.

President Hagness referred the matter of form of government, mayor's position and/or city manager to the Budget Framework Committee.

APPROVE 1996 CAPITAL IMPROVEMENTS PROGRAM

The Capital Improvements Committee reported having considered the matter of 1996 capital improvements and recommended approval of the capital improvements for 1996, excluding the civic auditorium projects for remodeling portion of the National Guard and the existing meeting rooms, and changing the source of funding for the police department project, renovation of the police firing range, from the General Fund to Public Buildings Fund.

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

COUNCIL MEMBER BEACH REPORTED BACK

APPROVE 1996-2001 STREET AND HIGHWAY AND BIKEWAY
CAPITAL IMPROVEMENTS

The Capital Improvements Committee reported having considered the matter of 1996-2001 Street and Highway and Bikeway Capital Improvements, and recommended approval of the 1996-2001 Capital Improvements Projects for Streets and Bikeways.

It was moved by Council Member Hoeppner and seconded by Council Member Hanson
14048
May 15, 1995

that this recommendation be and is hereby approved.

After discussion it was moved by Council Member Sande and seconded by Council Member Beyer to amend the CIP to schedule Minnesota/4th Avenue South reconstruction at 1998 or 1999 depending upon availability of funds, and postpone Central Business District reconstruction by one year (changed to 1998, 1999 or 2000).

Theron Nelson, 505 South 5th Street, rep. on committee, reported they had reached compromise and consensus, and suggested not to try to amend this evening, but to refer back to CIP for further consideration.

Upon call for the question on the amendment and upon roll call vote, the following voted "aye": Council Members Hanson, Sande, Klave, Beyer, Babinchak - 5; voting "nay": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Johnson, Hagness - 8. President Hagness declared the amendment defeated.

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

APPROVE GRANT AGREEMENT AND BUDGET AMENDMENT
OCCUPATIONAL HEALTH GRANT

The matter of grant agreement for Disease Surveillance and Flood Response Program to provide assistance is from the ND State Department of Health and Consolidated Laboratories, Division of Disease Control, for period May 1 through June 30, 1995 to support ongoing public health core programs and a budget amendment for Occupational Health in the amount of $9,187.00 to reflect the new grant, were presented and read.

It was moved by Council Member Beyer and seconded by Council Member Klave that the grant agreement and the budget amendment be and are hereby approved. Carried 13 votes affirmative.

APPROVE REQUEST FROM KEM TEMPLE FOR PARADE
PERMIT

A request from the Kem Temple for a parade on June 3, 1995 at 10:30 a.m. was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Hanson that this request be and is hereby approved subject to signing of an indemnity and hold harmless agreement and coordinating the event with the police department. Carried 13 votes affirmative.

APPROVE REQUEST FROM AMERICAN LEGION
AUXILIARY TO SELL POPPIES ON MAY 27, 1995

A request from the Auxiliary of the American Legion to hold "poppy day" on may 27, 1995, was presented and read. It was moved by Council Member Hanson and seconded by Council Member Babinchak that this request be and is hereby approved subject to signing of an indemnity and hold harmless agreement. Carried 13 votes affirmative.

REFER COMMUNICATION FROM LINDA HAIRSTON
TO MAYOR'S OFFICE

A communication from Linda Hairston, 710 4th Avenue South, #329, Grand Forks, was presented to the council. President Hagness referred the communication to the mayor's office.

REFER VARIOUS ITEMS TO COMMITTEE
14049
May 15, 1995

Various items were presented and/or referred to committee as follows:
1) Council Member Klave presented the matter of the possibility of a city gas tax designated towards improvement of streets; President Hagness referred the matter to the finance and public service committees for consideration and report back.
2) Council Member Hanson presented the matter of traffic control in area of through traffic between Valley Dairy and B & H Motel; President Hagness referred the matter to the public safety committee.
3) Council Member Glassheim presented request for "slow" sign on the alley at 405 4th Avenue North; President Hagness referred the matter to the public safety committee for consideration.
4) Council Member Carpenter presented the matter of licensing of tobacco retailers; President Hagness referred the matter to the public safety committee for consideration.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Thomas M. Hagness, President of Council