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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, June 19, 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, June 19, 1995 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; absent: none.

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

CONTINUE PUBLIC HEARING AND SECOND READING
OF AN ORDINANCE TO AMEND THE STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF J.F. FIRST ADDITION TO JULY 17

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 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 had been introduced and passed on its first reading on May 15, 1995, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

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

The Planning and Zoning Commission reported having considered the matter of the request from Paul Sproule on behalf of Johnson Farms for final 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 tabling until July 17, 1995.

It was moved by Council Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 14 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE AMENDING ZONING MAP TO INCLUDE
WITHIN J.F. PUD, CONCEPT DEVELOPMENT PLAN,
ALL OF J.F. FIRST ADDITION UNTIL JULY 17, 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 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 had been introduced and passed on its first reading on May 15, 1995 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
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The Planning and Zoning Commission reported having considered the matter of the request from Paul Sproule on behalf of Johnson Farms for final 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, 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 (located east of South 48th Street between 24th Avenue South and 32nd Avenue South), and recommended tabling until July 17, 1995.

It was moved by Council Members Hagness and Glassheim that this recommendation be and is hereby approved. Carried 14 votes affirmative.

ADOPT ORDINANCE NO. 3526 TO AMEND ZONING MAP
TO REZONE AND INCLUDE WITHIN WASHINGTON ESTATES
PUD, CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1,
ALL OF FLAAT-MIKKELSON ADDITION AND ALL OF
WASHINGTON ESTATES RESUBDIVISION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the 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 had been introduced and passed on its first reading on May 15, 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.

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

The Planning and Zoning Commission reported having considered the matter of the request from the City of Grand Forks for final 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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Zoning Map.

It was moved by Council Members Hagness and Glassheim that this recommendation be and is hereby approved. Carried 14 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, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3527, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF SHADYRIDGE ESTATES SECOND ADDITION
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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 had been introduced and passed on its first reading on May 15, 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.

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

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

It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 14 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, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3528, REPEALING AND
RE-ENACTING ARTICLE 5, CHAPTER 19 OF THE
CITY CODE RELATING TO THE MECHANICAL CODE,
AND ADOPTING THE UNIFORM MECHANICAL CODE,
1994 EDITION, BY REFERENCE

An ordinance entitled "An ordinance repealing and re-enacting Article 5, Chapter 19 of the Grand Forks City Code relating to the City Mechanical
Code", which had been introduced and passed on its first reading on June 5, 1995, was presented and read for consideration on second reading and final passage.

Committee No. 3, Public Service, reported having considered the matter of the proposed ordinance re. adoption of the Uniform Mechanical Code, 1994 Edition, by reference, and recommended to amend the ordinance as introduced to delete subsection 504.2 relating to kitchen range hoods.

It was moved by Council Member Klave and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 14 votes affirmative.

It was moved by Council Member Klave and seconded by Council Member Beyer the ordinance be amended, Section 19-0515, to include deletion of subsection 504.2 14075
June 19, 1995

relating to kitchen range hoods from the Uniform Mechanical Code. Carried 14 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, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3529, RELATING TO WATER
RATES

An ordinance entitled "An ordinance amending Section 15-0115(2) of the Grand Forks City Code relating to water rates", which had been introduced and passed on its first reading on June 5, 1995, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

DEFEAT ORDINANCE IMPOSING SOLID WASTE
SURCHARGE

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 and final passage.
Committee No. 3, Public Service, reported having considered the matter of solid waste surcharge to fund District IV Solid Waste Board activities, and recommended to defeat ordinance on second reading.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby received and filed. Carried 14 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": none; voting "nay": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14. Mayor Polovitz declared the ordinance defeated.

Committee No. 3, Public Service, reported having considered the request for consideration of the solid waste surcharge to fund District IV Solid Waste Board activities, and recommended to include as line item in the 1996 sanitation department budget the amount of $65,000 for support of the activities of the District IV Solid Waste Board and to adjust rate amount for tipping fees appropriately, effective January 1, 1996.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, contingent upon final adoption of the budget. Carried 14 votes affirmative.

ADOPT RESOLUTION VACATING PORTION OF
NORTH 47TH STREET LYING BETWEEN GATEWAY
DRIVE AND 12TH AVENUE NORTH

The city auditor reported that pursuant to instructions by the city council
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after having received a petition to vacate that portion of North 47th Street lying between Gateway Drive and 12th Avenue North as platted in the Replat of Airport Addition to the city of Grand Forks, North Dakota, the required legal notice had been published calling for a public hearing to be held this evening and further that no protests or grievances had been filed with his office.

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

The Planning and Zoning Commission reported having considered the matter of the request from Dirk and R.E. Lenthe for approval of a resolution to vacate a portion of North 47th Street lying between 12th Avenue North and Gateway Drive being bounded on the east by Lot 1, Block 4, Replat of Airport Addition including part of the NW Quarter Northwest Quarter, Section 6, Township 151 North, Range 50 West and bounded on the west by Lots A, C and D, Block 5 of a Replat of Lot 5, Block 5 of the Replat of Airport Addition, including part of the NW Quarter Northwest Quarter of Section 6, Township 151 North of Range 50 West to the city of Grand Forks, North Dakota, and recommended approval.

It was moved by Council Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Hagness introduced the following resolution which was presented and read: Document No. 6537 - Resolution.

It was moved by Council Member Hagness and seconded by Council Member Beyer that this resolution be and is hereby adopted. Carried 14 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT

The city auditor reported that the required notice of public hearing to be held on an application by Greg Sand to move a building from 1512 14th Avenue South to 1007 North 4th street to be used as a garage, had been published and posted.

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

Committee No. 3, Public Service, reported having considered the application for moving permit by Greg Sand to move building from 1512 14th Avenue South to 1007 North 4th street to be used as a garage, and recommended to approve the application, subject to the public hearing on June 19, 1995.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved, and that Mr. Sand be authorized to move the building. Carried 14 votes affirmative.

REPORTS OF OFFICERS

The city auditor's investment report as of May 31, 1995, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Sande that this report be and is hereby received and filed. Carried 14 votes affirmative.

The city auditor's statement of changes in cash balances as of may 31, 1995, was resented and read. It was moved by Council Member Hanson and seconded by Council Member Klave that this recommendation be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS
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June 19, 1995

Vendor Payment Listing No. 95-10, dated June 19, 1995 and totaling $1,187,429.35, 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 Babinchak 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, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

SUSPEND AGENDA TO ALLOW CONSIDERATION OF
TOBACCO ORDINANCE RE. LICENSING, AND SALE
AND PURCHASE OF TOBACCO PRODUCTS

It was moved by Council Member Hanson and seconded by Council Member Hagness to suspend agenda to consider item 7-9 relating to licensing of tobacco retailers, etc. Carried 14 votes affirmative.

INTRODUCE ORDINANCE RELATING TO LICENSING
OF TOBACCO RETAILERS AND RELATING TO PRO-
HIBITED SALES OR PURCHASES OF TOBACCO PRODUCTS

Committee No. 2, Public Safety, reported having considered the matter of licensing of tobacco retailers, and recommended to deny the ordinance licensing tobacco retailers.

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

The following individuals appeared and spoke against the proposed ordinance to license tobacco retailers, and relating to prohibited sales or purchases of tobacco products:

Wade Pearson, vice president, Home of Economy, stated he was speaking for all retailers when say do not want to sell to minors, that they were excluded from membership on the Coalition, that they want to comply, concerned about enforcement which is mainly by "sting" operation, and proposed putting on hold for six months to do more education, etc. and after six months, do another compliance survey and see results.

Hugo Magnuson, retail grocery business, with 450 employees in four stores in Grand Forks, commended the committee for trying to find solution to this problem but differ on solution, and opposed to saddling retailers with another law, and to work with what already have.

Craig Pfau, 3415 20th Avenue South, Mini-Mart, opposed ordinance and enforcement through "sting operation".

Jim Carlson, 3211 Elmwood Drive, A & H Vending Co., stated that five years ago City made it illegal to have cigarette vending machines available except in bars and liquor establishments, to place more restrictions not fair to vending industry.

Kathy Cumming, EGF, rep. Valley Dairy, opposed the ordinance and stated that retailers are concerned, very difficult to enforce, with harsh penalty, and suggested doing through other means - training of employees, public awareness, and also need parental involvement.

Scott Pearson, Box 79, Manvel, ordinance seriously flawed, proposed solution
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flawed, that ordinance not about cigarettes but going after retailers who have no control, ordinance punishes business for something they cannot control.

The following individuals appeared and spoke in favor of the proposed ordinance:

Henry Howe, 2309 Chestnut Street.
Dr. Hoggarth, pediatrician, 2229 Fallcreek Court, stated that most people who smoke started very young, shouldn't have kids able to go into establishments and purchase, and urged council to vote their conscience.
Jenny Gustafson, deputy sheriff, Grand Forks City and County Crime Prevention Officer, stated that they listened to retailers and need to make kids responsible also, and included have possession; that enforcing not a sting operation and not entrapment, and asked for vote for the ordinance.
An individual who stated she was a mother and concerned citizen, spoke in support of the ordinance, and to make vendors do what supposed to do, that parents also have responsibility and council has responsibility to protect kids from deadly/dangerous drug, and urged vote in favor of the ordinance.
Debbie Swanson, 3334 Primrose, public health nurse, and member of the Coalition, stated that if all doing their job wouldn't need ordinance, proposing ordinance because most effective way to control, ordinance provides incentives for retailers for training, etc., that proposed ordinance sent to retailers and they made number of compromises based on concerns raised by retailers, and that the ordinance has merit.
James Flynn, 3557 Norkota Court, spoke in favor of the ordinance, that State law ineffective, providing penalties to selling clerk rather than business, that foe not retailers but tobacco, youth need protection; ordinance provides barrier to access; problem is control of source.
Dr. James Brousseau, city health officer, stated that in his practice see results, serious illness resulting from cigarettes, and asked council to vote with conscience.
Don Shields, 3418 Cherry Street, pres. of the local Cancer Society and director of the health department; that cancer leading cause of death in North Dakota, that kids start smoking young, this ordinances gives local control of tobacco in city; would continue education, doesn't impose penalty on retailer who cards and doesn't sell to kids; that we are all responsible, parents, kids and see as commitment to limit access, urge passage of the ordinance.
Dr. Richard Grey, cardiologist, urged support and passage of the ordinance.
Ragnar Bergendahl, 1210 4th Avenue North, stated that ordinance would clear cigarette displays from front door of businesses.

It was moved by Council Member Hamerlik and seconded by Council Member Hoeppner to table this matter to the first meeting in December to allow more dialogue to include retailers and to come up with revised recommendation from the council.

Upon roll call the following voted "aye": Council Members Hoeppner, Hamerlik, Hanson - 3; voting "nay": Council Members Beach, McCabe, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11. Mayor Polovitz declared the motion defeated.

After considerable discussion by the city council, Council Members Hagness and McCabe called for the question (which requires 2/3rds vote of the council. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beer, Babinchak, Geller, Johnson, Hagness, Beach - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

Upon roll call the following voted "aye": Council Members Hoeppner, Hamerlik, Hanson, Hagness - 4; voting "nay": Council Members Glassheim, Carpenter, sande, Klave, Beyer, Babinchak, Geller, Johnson, Beach, McCabe - 10. Mayor
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Polovitz declared the motion defeated.

It was then moved by Council Member McCabe and seconded by Council Member Carpenter to approve the proposed ordinance and introduce for first reading.

Council Member Hagness moved an amendment to the motion that the Tobacco Coalition work with retailers on the ordinance. The city attorney advised that the amendment not germane to the motion; and Mayor Polovitz declared the amendment out of order.

Council Member McCabe called for the question.

Upon roll call vote the followed "aye": Council Members Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness, Beach, McCabe - 12; voting "nay": Council Members Hamerlik, Hoeppner - 2. Mayor Polovitz declared the motion carried.

It was then moved by Council Member Hagness and seconded by Council Member Hamerlik that the Coalition work with retailers to enforce ordinance as it's passed on second reading. Carried 14 votes affirmative.

Council Member Carpenter introduced an ordinance entitled "An ordinance adopting Article 28 of Chapter XXI of the Grand Forks City Code relating to licensing of tobacco retailers and amending Sections 9-1305 and 9-1306 relating to prohibited sales or purchases of tobacco products", which was presented, read and passed on its first reading.

RECESS FOR 5 MINUTES

Mayor Polovitz called a five-minute recess at 9:15 p.m., the council reconvened at 9:25 with all members present except Council Members Glassheim and Hanson.

ADOPT RESOLUTION AUTHORIZING, SELLING AND
ESTABLISHING THE TERMS OF GENERAL OBLIGATION
TAX INCREMENT BONDS, SERIES 1995B AND CREATING
A SINKING FUND THEREFOR

The city auditor presented an affidavit showing publication in the official newspaper of the city of a Notice of Bond Sale of $740,000 General Obligation Tax Increment Bonds, Series 1995B (the Bonds) of the City, bids for which were to be considered at this meeting as provided by resolution adopted May 15, 1995. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 2 sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 6538 - Bid Tabulation.

Committee No. 1, Finance, reported having considered the matter of sale of various bond issues: General Obligation Tax Increment Bonds, Series 1995B, $740,000, and recommended that we pass a resolution awarding the sale to Piper, Jaffray, Inc. with a true interest rate of 5.5865%, net interest cost of $519,696.25.

It was moved by Council Member Carpenter and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirmative.
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Council Member Carpenter introduced the following resolution and moved its adoption, which motion was seconded by Council Member McCabe: Document No. 6539 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Babinchak, Beach, Beyer, Carpenter, Geller, Hagness, Hamerlik, Hoeppner, Johnson, Klave, McCabe and Sande 12; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE
AND AWARDING SALE OF WATER RESERVE REVENUE
BONDS, SERIES 1995C, TO FINANCE EXPANSION
AND IMPROVEMENT OF THE MUNICIPAL WATER UTILITY

The city auditor presented an affidavit showing publication in the official newspaper of the city of the Notice of Bond Sale of $2,100,000 Water Reserve Revenue Bonds, Series 1995C (the "Bonds") of the City, bids for which were to be considered at this meeting as provided by resolution adopted May 15, 1995. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 2 sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price,interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 6540 - Bid Tabulation.

Committee No. 1, Finance, reported having considered the matter of sale of various bond issues: Water Reserve Revenue Bonds, Series 1995C, $2,100,00, and recommended that we pass a resolution awarding the sale to Piper, Jaffray, Inc. with a true interest rate of 5.6872%, net interest cost of $1,562,860.42.

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

Council Member Carpenter introduced the following resolution and moved its adoption, which motion was seconded by Council Member McCabe: Document No. 6541 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Babinchak, Beach, Beyer, Carpenter, Geller, Hagness, Hamerlik, Hoeppner, Johnson, Klave, McCabe and Sande - 12; and the following voted against the same:none; where upon the resolution was declared duly passed and adopted.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE AND
AWARDING SALE OF SEWER RESERVE REVENUE BONDS,
SERIES 1995D FOR EXPANSION AND IMPROVEMENT OF
THE MUNICIPAL SEWERAGE UTILITY

The city auditor presented an affidavit showing publication in the official newspaper of the city of the Notice of Bond Sale of $1,240,000 Sewer Reserve Revenue Bonds, Series 1995D (the "Bonds") of the city, bids for which were to be considered at this meeting as provided by resolution adopted May 15, 1995. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that 1 sealed bid for the purchase of the Bonds had been received from the following institution at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and
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considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 6542 - Bid Tabulation.

Committee No. 1, Finance, reported having considered the matter of sale of various bond issues: Sewer Reserve Revenue Bonds, Series 1995D, $1,240,000. and recommended that we pass a resolution awarding the same to Piper, Jaffray,Inc. with a true interest rate of 5.6689%, net interest cost of $942,357.25.

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

Council Member Carpenter introduced the following resolution and moved its adoption, which motion was seconded by Council McCabe: Document No. 6543 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Babinchak, Beach, Beyer, Carpenter, Geller, Hagness, Hamerlik, Hoeppner, Johnson, Klave, McCabe and Sande - 12; and the following voted against the same: none; whereupon the resolution was duly passed and adopted.

APPROVE 1994 AUDIT REPORT

Committee No. 1, Finance, reported having considered the matter of 1994 audit report, and recommended that we approve the audit report and recommend final payment to Brady, Martz & Associates, subject to final approval of the report by the State Auditor's Office.

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

APPROVE FINANCING OF 1995 SIDEWALK
IMPROVEMENTS

Committee No. 1, Finance, reported having considered the matter of financing sidewalk improvements in the amount of approx. $200,000.00, and recommended that we accept the bid of Community National Bank at 98% of par, with a coupon rate of 4.7%, with a five-year bond term.

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

APPROVE CONTRACT WITH OFFICE OF STATE TAX
COMMISSIONER TO ADMINISTER CITY SALES
TAX FOR 1995-97 BIENNIUM

Committee No. 1, Finance, reported having considered the matter of contract with Office of State Tax Commissioner to administer city sales tax for 1995-97 biennium, and recommended to authorize proper City officials to enter into the agreement and to continue with Option 2 as method of payment - payment to be made in 24 equal payments.

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June 19, 1995

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

APPROVE AGREEMENT WITH NORTHWEST TECHNICAL
COLLEGE FOR MEDICAL ADMINISTRATIVE SECRETARY
INTERNSHIP PROGRAM

Committee No. 1, Finance, reported having considered the matter of agreement with Northwest Technical College, medical administrative secretary internship program, and recommended to authorize proper City officials to execute the agreement with Northwest Technical College contingent upon the city attorney's final review and approval of the documents.

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

RECEIVE AND FILE MATTER OF PROVIDING GRAND
FORKS MISSION WITH FUNDING FOR LIABILITY
INSURANCE FOR DETOX CENTER

Committee No. 1, Finance, reported having considered the matter of providing Grand Forks Mission with funding for liability insurance for detox center, and recommended to receive and file and to bring up at a later date.

It was moved by Council Member Carpenter and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE BUDGET AMENDMENTS

Committee No. 1, Finance, reported having considered the following budget amendment requests: Human Resources, $2,326.00; City Hall, $2,500.00; and Assessing Department, $900.00, and recommended approval of the amendments. It was moved by Council Member Carpenter and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PARKING IMPROVEMENTS DISTRICT NO. 10, PROJECT
NO. 4285

Committee No. 1, Finance, reported having considered the matter of creating of special assessment district and call for plans and specifications for parking ramp project, 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 Carpenter and seconded by Council Member McCabe that this recommendation be and is hereby approved.

Council Member Babinchak questioned whether timing was right and whether should go through process because of costs involved in bidding process. There was some discussion re. need for a parking ramp and construction and
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assessment costs.

COUNCIL MEMBER GLASSHEIM REPORTED BACK

After further discussion and upon call for the question and upon voice vote the motion carried 12 votes affirmative; Council Member Babinchak voted against the motion.

Council Member Carpenter introduced the following resolution creating the assessment district, which was presented and read: Document No. 6544 - Resolution.

It was moved by Council Member Carpenter and seconded by Council Member McCabe that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Geller, Johnson, Hagness - 12; voting "nay": Council Member Babinchak - 1. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PARKING IMPROVEMENTS
DISTRICT NO. 10, PROJECT NO. 4285

The city auditor presented and read the engineer's report on Parking Improvements District No. 10, Project No. 4285: Document No. 6545 - Report.

It was moved by Council Member Carpenter and seconded by Council Member McCabe that this report be and is hereby approved. Carried 12 votes affirmative; Council Member Babinchak voted against the motion.

ADOPT RESOLUTION OF NECESSITY, PARKING
IMPROVEMENTS DISTRICT NO. 10, PROJECT NO. 4285

Council Member Carpenter introduced the following resolution of necessity, which was presented and read: Document No. 6546 - Resolution.

It was moved by Council Member Carpenter and seconded by Council Member McCabe that this resolution be and is hereby adopted. Carried 12 votes affirmative; Council Member Babinchak voted against the motion.

APPROVE REQUEST BY YMCA TO HOLD MARATHON
ON JULY 4

Committee No. 2, Public Safety, reported having considered the request by YMCA for permission to hold "Firecracker Half Marathon" on July 4, and recommended to approve the request.

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

APPROVE REQUEST BY FIRE HALL THEATRE TO HOLD
FUND RAISING STREET DANCE ON JULY 13

Committee No. 2, Public Safety, reported having considered the request by Fire Hall Theatre to hold fund raising street dance on July 13 in parking lot between Central High School and Fire Hall Theatre through alley to intersection with University, and blocking off of the area, and recommended to approve request from 6:00 to 10:00 p.m.

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

APPROVE REQUEST BY CENTRAL HIGH SCHOOL TO
HOLD ROAD RACES ON AUGUST 5

Committee No. 2, Public Safety, reported having considered the request by Grand Forks Central High School to hold road races on August 5, and recommended to approve the request.

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

APPROVE REQUEST TO HOLD CITY MISSION FESTIVAL
AUGUST 27

Committee No. 2, Public Safety, reported having considered the request to hold City Mission Festival August 27 (blocking of streets), blocking of Belmont road from South 5th Street to 3rd Avenue South from 12:00 noon to 2:00 p.m., and recommended approval of the request subject to coordinating with the police department.

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

APPROVE REQUEST TO HOLD FLY-OVER FOR
POW/MIA RECOGNITION IN CONJUNCTION WITH
POTATO BOWL PARADE SEPTEMBER 16

Committee No. 2, Public Safety, reported having considered the request for fly-over, Grand Forks POW/MIA Recognition in conjunction with Potato Bowl parade on September 16, 1995,and recommended approval of the request.

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

APPROVE REQUEST TO HOLD 4TH ANNUAL FORX FEST
JULY 29, 1995

Committee No. 2, Public Safety, reported having considered the request by Central Business District Assn. to hold the 4th Annual Forx Fest on Saturday,July 29, 1995, for closing of DeMers Avenue from Riverboat Road to 5th Street, North 3rd Street from City Center to 1st Avenue North, North 4th Street from Kittson Avenue to 1st Avenue North from 2:00 p.m. until 2:00 a.m., waiver of the noise ordinance, waiver of rental fee for street barricades, and hanging banners across street at DeMers between 3rd and 4th Streets beginning July 1 through July 31 to advertise the event, and recommended approval of the request.

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

APPROVE REQUEST BY PARK DISTRICT FOR EXEMPTION
OF TRANSIENT MERCHANTS LICENSES DURING SUMMERTHING
EVENTS AT UNIVERSITY PARK

Committee No. 2, Public Safety, reported having considered the request by the Park District for license exemption for transient merchants during Summerthing 14085
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events at University Park, the weekends of June 24 and 25, and of July 22 and 23, 1995, and recommended approval of the request by the Park District.

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

APPROVE APPLICATIONS FOR SPECIAL ALCOHOLIC
BEVERAGE PERMITS

Committee No. 2, Public Safety, reported having considered the applications for special alcoholic beverage licenses (outdoor beer gardens) on July 4 for Whiskey Point Saloon and GF Goodribs (riverbank area), and recommended approval of the applications.

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

APPROVE REQUEST TO REMOVE PARKING ON NORTH
SIDE OF 28TH AVENUE SOUTH ALONG RYDELL CHEVROLET
PROPERTY TO PROVIDE ADEQUATE SIGHT DISTANCE

Committee No. 2, Public Safety, reported having considered the request to remove parking on north side of 28th Avenue South along Rydell Chevrolet property to protect patrons leaving site by providing adequate sight distance at driveways, and recommended approval of the request.

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

APPROVE "NO PARKING HERE TO CORNER" ON
BELMONT AT 13TH AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the request for "no parking here to corner" on Belmont road at 13th Avenue South, and recommended approval of the request.

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

APPROVE REQUEST FOR "NO PARKING HERE TO
CORNER" SIGNS AT NORTH 5TH STREET AND 9TH
AVENUE NORTH

Committee No. 2, Public Safety, reported having considered the request by Kegs Drive Inn for "no parking here to corner" sign on west side of North 5th Street from 9th Avenue 60 feet north, and recommended approval of the request.

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

DIRECT TRAFFIC ENGINEER TO SEND COMMUNICATION
TO ACME ELECTRIC, INC.AND LEWIS TRUCK LINES,
INC. RE. TRUCK TRAFFIC ON 12TH AVENUE NORTH

Committee No. 2, Public Safety, reported having considered the request for "no truck parking 10 P.M. - 7 A.M." on 12th Avenue North between North 18th and
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20th Streets, and recommended that we direct the traffic engineer to send communication to Acme Electric, Inc., 1705 13th Avenue North and to Lewis Truck Lines, Inc., 1205 North 20th Street, that we have concern re. truck traffic on 12th Avenue North and to encourage use of 13th Avenue North; and further to instruct the police department to monitor traffic on those streets.

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

RECEIVE AND FILE INFORMATION RE.CHANGE IN
CORPORATE STRUCTURE OF GENERAL MILLS
RESTAURANTS, INC. RE. ALCOHOLIC BEVERAGE LICENSE

Committee No. 2, Public Safety, reported having considered the matter of change in corporate structure of General Mills Restaurants, Inc. alcoholic beverage license to GMRI, Inc. dba Red Lobster, and recommended to receive and file correspondence from Buchman & O'Brien and note the changes in corporate name and structure as indicated in the letter.

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

ADOPT RESOLUTION RECOGNIZING NORTHERN STAR
CYCLING CLUB AS PUBLIC-SPIRITED ORGANIZATION
ELIGIBLE TO CONDUCT GAMING, AND APPROVE
APPLICATION

Committee No. 2, Public Safety, reported having considered the application by Northern Star Cycling Club for raffle on July 1, 1995, and recommended approval of the application, and that we adopt a resolution recognizing the Northern Star Cycling Club as a public-spirited organization eligible to conduct games of chance.

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

Council Member Sande introduced the following resolution which was presented and read: Document No. 6547 - Resolution.

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

REFER MATTER OF REPORT RE. DETERMINING METHOD OF
OPERATION OF DETOX CENTER TO URBAN DEVELOPMENT
AND TO MAYOR'S OFFICE

Committee No. 2, Public Safety, reported having considered the matter of determining method of operation of a detox center, and report/memo from subcommittee, and recommended that we refer this memo to urban development and to the mayor's office.

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

APPROVE CONTRACT WITH ND DEPARTMENT OF HEALTH
FOR LOCAL HEALTH SERVICES GRANT

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June 19, 1995

Committee No. 2, Public Safety, reported having considered the matter of contract with ND Department of Health for local health services '95-96 grant, and recommended approval of the grant agreement.

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

APPROVE BUDGET AMENDMENTS

Committee No. 2, Public Safety, reported having considered the following budget amendment requests: Health Department, Wellness Program, in the amount of $440, and Fire Department in the amount of $3,776.00, and recommended approval of the budget amendments.

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

ADOPT RESOLUTION RECOGNIZING GREATER GRAND
FORKS CONVENTION AND VISITORS' BUREAU AS
PUBLIC SPIRITED ORGANIZATION ELIGIBLE TO CONDUCT
GAMING

Council Member Sande introduced a resolution recognizing the Greater Grand Forks Convention and Visitors' Bureau as a public-spirited organization eligible to conduct games of chance: Document No. 6548 - Resolution.

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

REFER MATTER OF DIRECTIONAL SIGNS FOR AUCTIONS
TO PLANNING AND ZONING COMMISSION

Committee No. 3, Public Service, reported having considered the matter of request to place directional signs for auction prior to sale, and recommended to refer to the Planning and Zoning Commission.

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

It was moved by Council Member Hagness and seconded by Council Member Beyer to amend the motion to recommend to Planning and Zoning approval of directional signs. Carried 13 votes affirmative.

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

RECEIVE AND FILE PETITIONS SUPPORTING
INCLUSION OF MULTIPLE UNDERPASS/OVERPASS
PEDESTRIAN CROSSINGS FOR SOUTH WASHINGTON
STREET RECONSTRUCTION PROJECT

Committee No. 3, Public Service, reported having considered the matter of petitions for underpasses proposed on South Washington Street, and recommended to re-affirm original motion - to endorse and recommend three underpasses on South Washington Street.

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

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Becky Holten, 1912 23rd Avenue South, representing Viking PTO and the PTO's of several other elementary schools, presented petitions which read: we the undersigned citizens of the city of Grand Forks, North Dakota, support inclusion of multiple (3) underpass/overpass pedestrian crossings in the final project plans for South Washington Street reconstruction; that the petitions contain approx. 2121 signatures with the possibility of more signatures coming in before the public hearing on this project on July 19; that they hopefully would submit more petitions at that time, and would appreciate council's support of the recommendation from the public service committee.

Mayor Polovitz stated that these petitions will probably be forwarded to the ND State Highway Department.

It was moved by Council Member Beyer and seconded by Council Member Klave to accept the petitions. Carried 13 votes affirmative.

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

GRANT DELAY IN SIDEWALK INSTALLATION ON
LOTS IN RIVER OAKS CIRCLE UNTIL SEPTEMBER 1

Committee No. 3, Public Service, reported having considered the petition to delay sidewalk installation on River Oaks Circle, and recommended to re-affirm their original decision, to grant delay in sidewalk installation on all lots in River Oaks Circle until September 1, and if sidewalks not installed by the property owners, City will install.

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

Ernie Mangino, 4714 River Oaks Circle, stated that the residents have petitioned not to have sidewalks, would like variance from the Code, that this is a cul-de-sac which is a little over 300 feet, that this wouldn't affect anyone except the 7 property owners who are in agreement, that they did not want sidewalks, and are asking that they be given some consideration.

After discussion by the council and upon call for the question and upon voice vote, the motion carried 13 votes affirmative.

APPROVE CERTIFICATES OF SUBSTANTIAL COMPLETION
FOR SAMSON ELECTRIC AND MOORHEAD CONSTRUCTION CO.

Committee No. 3, Public Service, reported having considered the matter of Project No. 3832, improvements at pre-aeration cells, certificates of substantial completion for contractors, and recommended approval of the certificates of substantial completion for Samson Electric and for Moorhead Construction Co., Inc.

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

SET PUBLIC HEARING ON SOUTHEND DRAINAGE STUDY
FOR JUNE 26, 1995 BEFORE PUBLIC SERVICE
COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of southend drainage study, and recommended to set public hearing for June 26, 1995 at 7:00 p.m. in council chambers in City Hall before the public service committee.

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June 19, 1995

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

APPROVE ENGINEERING AGREEMENTS FOR PROJECT
NOS.4250 AND 3947, 1995 T.E. BIKEPATH PROJECTS

Committee No. 3, Public Service, reported having considered the matter of construction engineering agreement for Projects 4250 and 3947, 1995 T.E. bikepath projects, and recommended to approve the agreement and authorize proper City officials to enter into the agreement with CPS, Ltd. in an amount not to exceed $39,377.94.

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

APPROVE PLANS AND SPECIFICATIONS FOR SEWER
PROJECT NO. 4373

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4373, storm sewer on 30th Avenue South and Columbia Park 15th Addition (under private construction), and recommended to approve plans and specifications and authorize call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4367, PARKING LOT EXPANSION AT SENIOR
CITIZENS' CENTER

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4367, parking lot expansion at Senior Citizens' Center, and recommended approval of the plans and specifications, and authorization to call for bids.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4196, SAMPLE BUILDING FOR WASTEWATER DEPARTMENT

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4196, sample building on lagoon discharge, and recommended to approve plans and specifications and to authorize call for bids.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AND ADVERTISE FOR BIDS, PROJECT
NO. 4341, PAVING DISTRICT NO. 535

The city engineer's estimate of total cost of the construction of paving in Columbia Park 15th Addition in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of
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plans and specifications for Project No. 4341, District No. 535, paving in Columbia Park 15th Addition (paving streets in area north of Menard's), 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 Klave and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 6549 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4383, DISTRICT NO. 365

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4383, District No. 365, sanitary sewer to serve lots north of 13th Avenue North and east of North 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 Klave and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 6550 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT
NO. 365, PROJECT NO. 4383

The city auditor presented and read the engineer's report on Sewer District No. 365, Project No. 4383: Document No. 6551 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
SEWER DISTRICT NO. 365, PROJECT NO. 4383

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6552 - Resolution.

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

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 4374, DISTRICT NO. 364
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June 19, 1995

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4374, District No. 364, storm sewer in Medvue Estates 6th Subdivision, 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 Klave and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 6553 - Resolution.

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

ACCEPT ENGINEER'S REPORT, SEWER DISTRICT
NO. 364, PROJECT NO. 4374

The city auditor presented and read the engineer's report on Sewer District No. 364, Project No. 4374: Document No. 6554 - Report.

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

ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER DISTRICT NO. 364,
PROJECT NO. 4374

Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 6555 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Beyer that this resolution be and is hereby adopted. Carried 14 votes affirmative.

APPROVE CHANGE ORDER, PROJECT NO. 4002.1

Committee No. 3, Public Service, reported having considered Change Order No. 5, Project No. 4002.1, Gateway Drive, Phase III, an add on of $4,010.12 and a deduct of $1,053.00, and recommended approval of the change order.

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

APPROVE CHANGE ORDER, PROJECT NO. 4126

Committee No. 3, Public Service, reported having considered the matter of Change Order No. 9, Project No. 4126, 32nd Avenue South, west of I-29, in the
amount of $3,219.00, and recommended approval of the change order.

It was moved by Council Member Klave and seconded by Council Member Beyer that 14092
June 19, 1995

this change order be and is hereby approved. Upon roll call the following voted"aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 4109

Committee No. 3,Public Service, reported having considered the matter of Change Order No. 2, Project No. 4109, bridge replacement on South 42nd Street, in the amount of $973.00, and recommended approval of the change order.

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

APPROVE CHANGE ORDERS, PROJECT NO. 4044

Committee No. 3, Public Service, reported having considered the following change orders for Project No. 4044, 6th Avenue North Reconstruction: Change Order No.1 in the amount of +$44,596.15 and deduct of $51,097.73; Change Order No.2, +$19,400.00 and deduct of $35,400.00; Change Order No. 3, add on of $8,789.76; and Change Order No. 4, deduct of $90,890.00; and recommended that the change orders be approved.

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

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, SEWER PROJECT NO.
4321, DISTRICT NO. 361

The city auditor presented and read tabulation of bids which had been received and opened on June 12, 1995 for Sewer Project No. 4321, District No. 361, storm sewer on 30th Avenue South, indicating that Molstad Excavating, Inc. was the low bidder based upon their bid in the amount of $76,095.00: Document No. 6556 - Bid Tabulation.

The city engineer's estimate of total cost on Sewer Project No. 4321, District No. 361, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the bids for Project No. 4321, District No. 361, storm sewer on 30th Avenue South, and recommended that we accept the low bid of Molstad Excavating, Inc. in the amount of $76,095.00.

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

Council Member Klave introduced the following resolution which was presented and read: Document No. 6557 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Beyer that this resolution awarding the contract for Sewer Project No. 4321, District No. 361, to Molstad Excavating, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness 14093
June 19, 1995

- 13; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.

FIND NO CONFLICT OF INTEREST IN APPLICATION
FOR FIRST TIME HOME BUYER'S PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of conflict of interest for First Time Home Buyer's Program, and recommended that a finding be made that this employee has no involvement with the CDBG program.

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

GRANT FINAL APPROVAL OF J.F. PUD, DETAILED
DEVELOPMENT PLAN, OFFICE AND MAINTENANCE SHOP
COMPLEX, LOT 1, BLOCK 1, 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 final approval of J.F. PUD (Planned Unit Development), Detailed Development Plan, Office and Maintenance shop Complex, Lot 1, Block 1, J.F. First Addition (located in the northeast corner of 32nd Avenue South and South 44th Street), and recommended tabling until July 17, 1995.

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

APPROVE FINAL PLAT OF REPLAT OF LOT 28,
BLOCK 3, BLAIR-SATROM-BAUKOL ADDITION,
INCLUDING VARIANCE TO LOT WIDTH OR FRONTAGE

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Ben Jensen for preliminary administrative approval (fast track) and final approval of a Replat of Lot 28, Block 3, Blair-Satrom-Baukol Addition to the city of Grand Forks, ND (located at 2231 and 2233 Springbrook Court), including a variance to Grand Forks City Code Section 18-0907(5)(A) relating to minimum lot width or frontage, and recommended final approval subject to special conditions shown on or attached to the review copy and approval of a variance to the minimum lot front from 25 feet to 12 feet.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS 114-
115, BLOCK 2, MEDVUE ESTATES FIRST ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Tracy Doe for preliminary administrative approval (fast track) and final approval of a Replat of Lots 114 and 115, Block 2, Medvue Estates First Addition to the city of Grand Forks, North Dakota, of a Replat of Lot F of the Replat of Lots 6, 7, 8, 9 and 10, (located on Knight Drive west of Columbia Road), and recommended final approval subject to special conditions shown on or attached to the review copy.

It was moved by Council Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 13 votes affirmative.
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June 19, 1995

APPROVE FINAL PLAT OF REPLAT OF LOT 8,
BLOCK 1, KUSTER SECOND ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Tim Lamb for preliminary administrative approval (fast track) and final approval of a Replat of Lot 8, Block 1, Kuster Second Addition to the city of Grand Forks, North Dakota (located at 3601 17th Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS
C AND D, BLOCK 1, BFM 4TH RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Fritz Building Company for administrative preliminary approval (fast track) and final approval of a Replat of Lots C and D, Block 1, BFM 4th Resubdivision to the city of Grand Forks, ND, being a Replat of Lot B, Block 1 of the Replat of the Replat of Lot 3, Block 1 and a Replat of Lot 2, Block 1 (located north of 32nd Avenue South between South 25th Street and South Columbia Road), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

GRANT APPROVAL OF BFM PUD, DETAILED
DEVELOPMENT PLAN, MINI MALL NO. 2, LOT F,
BLOCK 1, BFM 4TH RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Fritz Building Co. for administrative preliminary approval (fast track) and final approval of BFM PUD (Planned Unit Development), Detailed Development Plan, Mini Mall No. 2, Lot F, Block 1, BFM 4th Resubdivision to the city of Grand Forks, ND (located in the northeast corner of the intersection of South Columbia Road and 32nd Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

APPROVE PRELIMINARY PLAT; AND INTRODUCE ORDINANCE
TO AMEND THE STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
AIRPORT 5TH RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of request from Dirk Lenthe on behalf of Service Oil Company for preliminary approval of the plat of Airport 5th Resubdivision, being a Replat of Lot 1, Block 4, Replat of Airport Addition and a Replat of Lots A, C and D, Block 5
of a Replat of Lot 5, Block 5 of the Replat of Airport Addition, including vacated North 47th Street lying between Gateway Drive and 12th Avenue North, and recommended preliminary approval subject to special conditions shown on or attached to the review copy, to introduce the ordinance amending the Street
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and Highway Map and to set the date of the public hearing for July 17, 1995.

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

Council Member Hagness introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Airport 5th Resubdivision, being a Replat of Lot 1, Block 4, Replat of Airport Addition and a Replat of Lots A, C and D, Block 5 of a Replat of Lot 5, Block 5 of the Replat of Airport Addition", which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL OF AIRPORT PUD,
DETAILED DEVELOPMENT PLAN, AREA 3, BULK
STORAGE TANKS AND PARKING LOT FOR STAMART,
LOT 2, BLOCK 4, REPLAT OF AIRPORT ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Steve Whaley on behalf of Service Oil Company for preliminary approval of Airport PUD, Detailed Development Plan, Area 3, Bulk Storage Tanks and Parking Lot for Stamart Lot 2, Block 4, Replat of Airport Addition (located in the 1100 Block on the east side of North 47th Street), and recommended preliminary approval subject to special conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO AMEND ZONING REGULATIONS
TO INCLUDE DETOX CENTER AS CONDITIONAL USE IN
B-4 (CENTRAL BUSINESS) DISTRICTS

The Planning and Zoning Commission reported having considered the matter of definition of detox center and determination of compatibility in a B-2 District, and recommended preliminary approval of permitting a detox center by conditional use permit in a B-4 (Central Business) District, to introduce the ordinance amending the Land Development Code to permit a detox center by conditional use permit in the B-4 (Central Business) District and to set the date of the public hearing for July 17, 1995.

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

Council Member Hoeppner introduced an ordinance entitled "An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0217, B-4 (Central Business) District, subsection (3) conditional uses", which was presented, read and passed on its first reading.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 270, dated June 19, 1995 and totaling $90,973.89, was presented and read.

It was moved by Council Member Klave and seconded by Council Member Hagness that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll
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call the following voted "aye": Council Members Beach, McCabe, Hoeppner,
Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented and/or referred to committee as follows:
1) Council Member Carpenter presented the matter of financing of a detox facility; Mayor Polovitz referred the matter to the finance committee for consideration.
2) Council Member Glassheim presented the matter of speeding on 4th Street, and the matter was referred to the police department.
3) Council Member Beach asked that the council encourage the city and UND police to continue increased vigilance in the enforcement of speeding, stop sign violations, etc.
4) Council Member Glassheim presented matter of request for figures on tax levies and per capita comparisons with other cities; Mayor Polovitz referred the matter to the finance committee.
5) Council Member Hamerlik presented the matter of "no turn on red"signs at intersection of N. Washington Street and 5th Avenue North and at Belmont Road and 4th Avenue South; Mayor Polovitz referred the matter to the public safety committee for consideration.
6) Council Member Beyer presented the matter of water problem in swales on Rolling Hills Circle dumping into the park; Mayor Polovitz referred the matter to the engineering department.
7) the matter of replacement of computer equipment at the police department was presented, and Mayor Polovitz referred this matter to the finance committee for consideration.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Michael Polovitz, Mayor