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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 7, 1995

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, August 7, 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 12; absent: Council Members Hanson, Johnson - 2.

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

PRESENTATION BY LISTEN CENTER, INC.

Charlie Bremseth, Listen, Inc., made a brief presentation to the council stating that Listen, Inc. is celebrating its 25th year in the city and thanked City and various departments for their help to Listen, Inc. over the past 25 years, helping them to provide services to the community. Mr. Bremseth presented a plaque of appreciation to Mayor Polovitz.

APPROVE MINUTES JUNE 5 AND 19, AND
JULY 3, 1995

Typewritten copies of the minutes of the regular and adjourned meetings of the city council held on Monday, June 5, 1995, Monday, June 17, 1995 and Monday, July 3, 1995 were presented and read. It was moved by Council Member Hagness and seconded by Council Member Beyer that these minutes be approved as read. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3532, ANNEXING PART
OF SECTION 31, TOWNSHIP 152 NORTH OF RANGE
50 WEST OF THE 5TH PRINCIPAL MERIDIAN TO THE
CITY OF GRAND FORKS

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 had been introduced and passed on its first reading on May 15, 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.

Mayor Polovitz 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 the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

HOLD PUBLIC HEARING, DEFEAT ORDINANCE TO
AMEND ZONING REGULATIONS TO INCLUDE DETOX
CENTER AS PERMITTED USE IN B-4 ZONING DISTRICTS
BY CONDITIONAL USE PERMIT; AND POSTPONE INDEFINITELY
REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A DETOX CENTER IN A B-4 DISTRICT

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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 18-0204, Rules and Definitions and Section 18-0217, B-4 (Central Business) District, subsection (3) Conditional Uses", which had been introduced and passed on its first reading on June 19, 1995, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.

It was moved by Council Members Glassheim and Geller to divide the question. Carried 11 votes affirmative; Council Member Hamerlik voted no.

It was advised that the ordinance requires a favorable vote of 3/4th of the members of the council (11 votes) to adopt.

Mayor Polovitz called for the public hearing.

Bob Bushfield, City Planner, stated that there are two issues before the council and two separate reports from the Planning Commission: 1) amendment of text of City which permits detox center in B-4 zones by conditional use permit; 2) second issue is issuance of the conditional use permit to the Mission Board. It was noted that approval of the conditional use permit, if the zoning were approved, would take a simple majority.

Council Member Glassheim urged passage of the ordinance to allow for the zoning change, that presently no place or criteria in Code under which there could be a detox center, and any permit would have to go to Planning and Zoning and to City for approval.

Council Member Carpenter also urged support for zoning change, whether or not opposed to City operating a detox center, City should have place within community, whether private or non-profit.

Council Member Hagness stated that the City is taking on more and more social issues that City shouldn't be involved in, is County function, and urged defeat of issue completely.

After further comments and discussion by council, Mayor Polovitz closed the public hearing.

The Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks City Planning and Zoning Commission for final approval of an ordinance to amend the Land Development Code by adding detox center to the list of conditional uses allowed in the B-4 (Central Business) District, and recommended final approval and passage of the ordinance amending the Land Development Code.

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

It was moved by Council Member Geller and seconded by Council Member Sande that the ordinance be amended to provide definition of a detox center. Carried 12 votes affirmative.

Upon call for the question of adoption of the ordinance, as amended, and upon roll call, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Glassheim, Carpenter, Sande, Klave, Beyer, Geller - 9; voting "nay": Council Members Hamerlik, Babinchak, Hagness - 3. Mayor Polovitz declared the ordinance defeated.

The Planning and Zoning Commission reported having considered the matter of
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the request from the Grand Forks Mission and Service Center for approval of a conditional use permit to allow for the operation of a detox center in the B-4 (Central Business) District, and recommended approval of a conditional use permit (CUP) with conditions for property shown and described as Lots 8, 10 and 12, Block 34, Veits Addition to the city of Grand Forks, ND and as shown on the site plan as Grand Forks Mission.

It was moved by Council Member Glassheim and seconded by Council Member Hagness to receive the report. Carried 12 votes affirmative.

It was moved by Council Members Glassheim and Hagness to table the matter of the conditional use permit indefinitely. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3533, AMENDING ZONING
MAP TO INCLUDE WITHIN VILLAGE PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 2, BLOCKS A
AND B, VILLAGE RESUBDIVISION NO. 2

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1 and to include within Village PUD (Planned Unit Development), Concept Development Plan, Amendment no. 2, Blocks A and B, Village Resubdivision No. 2, Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 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.

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

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson for final approval an ordinance to amend the Zoning Map to rezone from Village PUD (Planned Unit Development) Concept Development Plan, Amendment No. 1 and to include within Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, Blocks A and B, Village Resubdivision No. 2, Grand Forks, North Dakota, with substantive changes lying within Lot F, Block B, Replat of Village Resubdivision No. 2 (located north of University Avenue between North 42nd Street and I-29), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Zoning Map.

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

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

ADOPT ORDINANCE NO. 3534, AMENDING ZONING
MAP TO INCLUDE WITHIN BFM PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 7, ALL BFM ADDITIONS
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An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the BFM PUD (Planned Unit Development), Concept Development Plan, Amendment No. 6 and to include within BFM PUD (Planned Unit Development), Concept Development Plan, Amendment no. 7, all BFM Additions, Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 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.

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

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson for final approval of an ordinance to amend the Zoning Map to exclude from BFM PUD (Planned Unit Development) Concept Development Plan, Amendment No. 6, and to include within BFM PUD (Planned Unit Development), Concept Development Plan, Amendment no. 7, all BFM Additions, Grand Forks, North Dakota, with substantive changes lying within Lot C, Block L, Replat of BFM Addition (located north of 26th Avenue South between South 26th Street and BFM Drive), 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 Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

ADOPT ORDINANCE NO. 3535, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF PRAIRIE
VIEW ESTATES FIRST 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 Prairie View Estates First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 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.

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 Tim Crary on behalf of George McEnroe for final approval of a plat of Prairie View Estates First Addition to the city of Grand Forks, North
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Dakota (located northeast of the intersection of South 42nd Street and 11th Avenue South), 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 Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

ADOPT ORDINANCE NO. 3536, AMENDING ZONING
MAP TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT LOTS 13, 15, 17, 19, 21 AND 23, BLOCK 9,
VILLARDS ADDITION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the R-4 (Multiple Family Residence) High Density District and to include within the B-3 (General Business) District Lots 13, 15, 17, 19, 21 and 23, Block 9, Villards Addition to the townsite of the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 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.

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 Joseph J. Worman for final approval of an ordinance to amend the Zoning Map to exclude from the R-4 (Multiple Family Residence) High Density District and to include within the B-3 (General Business) District Lots 13, 15, 17, 19, 21 and 23, Block 9, Villards Addition to the Townsite of the city of Grand Forks, North Dakota (located in the southeast corner of 9th Avenue South and South 14th Street), 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 Hagness that this recommendation be and is hereby approved. Carried 12 votes affirmative.

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

HOLD PUBLIC HEARING AND TABLE SECOND READING
OF ORDINANCE TO AMEND SIGN SECTION OF THE LAND
DEVELOPMENT CODE TO ALLOW FOR PLACEMENT OF
AUCTION SIGNS IN PUBLIC RIGHTS OF WAY TO AUGUST 21

An ordinance entitled "An ordinance amending the Land Development code of
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1987, Chapter XVIII, Article 3, Rules and Regulations; Section 18-0301, Signs, establishing regulations governing the placement of auction signs", which had been introduced and passed on its first reading on July 17, 1995, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that the required legal notice calling for a public hearing to be held on this matter this evening 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.

Council Member Hagness stated that Doug Merfeld, Curt Johnson Auction Company, had requested authorization to place auction sign in berm prior to sales, that sales bring people to town and causes very little disruption in traffic. He reported that an amendment to the sign ordinance has been proposed to include permit for sign on annual basis, that Planning and Zoning recommended denying request, that he would like to receive and file the Planning and Zoning Commission report, and amend ordinance to allow auction sale directional signs only.

Robert Bushfield, city planner, stated that the Planning and Zoning Commission voted against amendment to the sign ordinance to allow, and expressed concern in changing policy to allow in public right of way; that by allowing that class of signs which will set precedence and they will be dealing with same issue for other classes of signs. He stated that the policy in place has worked well, and asked council to consider defeating ordinance allowing these signs, and to allow police department certain amount of latitude to remove.

Doug Merfeld stated there has been selective enforcement of the ordinance, have had auction signs picked up which other signs not, and asked council to pass ordinance allowing signs because this is business plus to allow signs.

Bill Reed, mgr. of the Columbia Mall, stated that at the Planning and Zoning Commission a proposal was put forward that was so loosely worded that it would open door to any commercial entity to purchase permit to put signs on medians advertising businesses, events, etc. and questioned whether that was intent.

After further discussion Mayor Polovitz closed the public hearing.

The Planning and Zoning Commission reported having considered the matter of the request from city council referral for final approval of an ordinance to amend the sign section of the Land Development Code to allow for the placement of auction signs in the public rights of way, and recommended taking no action on the ordinance amending the sign code.

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

Council Member Hagness moved to amend the ordinance (sign code) pertaining only to directional signs by adding the following to Chapter XVIII, Article 3, Section 18-0301(2) (AA) Temporary Event Directional Signs allowing signs to be placed on public rights of way within the City of Grand Forks' zoning jurisdiction if: 1) signs are placed so as not to obstruct pedestrian and bicycle traffic, and intersection sight clearance; 2) signs are placed on public rights of way for no longer than twelve hours prior to the event and shall be moved upon completion of the event, but shall be limited to a maximum of forty-eight hours; 3) the sign is limited to a two face sign which does not exceed four sq.ft. of each face and shall be limited to a height of 30 feet
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above the normal sidewalk grade; 4) the sign is limited to identifying the type of event and a directional arrow. No advertising shall be allowed. The sign shall also identify the permit number; and 5) Property Owner Consent is obtained prior to placing the sign(s); 6) Article 11, Section 18-01103(7) to include a $50.00 per year fee for temporary event directional signage. Council Member Beyer seconded the motion.

Mr. Swanson, city attorney, stated that there were some minor changes that need to be made to the amendment to clarify language.

Upon call for the question on the amendment and upon roll call vote, the following voted "aye": Council Members Hoeppner, Hamerlik, Carpenter, Beyer, Hagness, Beach - 6; voting "nay": Council Members McCabe, Glassheim, Sande, Klave, Babinchak, Geller - 6. Mayor Polovitz voted to break tie vote, voted no, and declared the amendment defeated.

It was then moved by Council Members Carpenter and Hamerlik to table this matter until August 21, 1995. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3537, AMENDING LAND
DEVELOPMENT CODE, CHAPTER XVIII, ARTICLE 3, TO
ESTABLISH REGULATIONS AND APPEAL PROCESS FOR
ADVERTISING (OFF-PREMISE) SIGNS PERMITTED ON
DEVELOPED LOTS IN B-3 (SERVICE BUSINESS) DISTRICTS

An ordinance entitled "An ordinance amending the Land Development Code, Chapter XVIII; Article 3, Rules and Regulations; Section 18-0301, Signs, establishing regulations and an appeal process for advertising (off-premise) signs permitted on developed lots in the B-3 (Service Business) District", which had been introduced and passed on its first reading on July 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.

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 sign subcommittee to amend the sign section of the Land Development Code establishing regulations and an appeal process for advertising (off-premise) signs permitted on developed lots in the B-3 (Service Business) District, and recommended final approval and passage of the ordinance amending the text of the Land Development Code.

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

Council Member Beyer moved an amendment to the ordinance to delete the following under subsection (6)(E), "An exception to this provision may be made by the zoning administrator...", and to include "The zoning administrator may waive the removal of the sign if the following conditions have been met" and under subsection (6)(E)(6) add the words "..upon approval.." between may and waive. The motion was seconded by Council Member Babinchak. Carried 12 votes affirmative.

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

HOLD PUBLIC HEARING AND DENY REQUEST BY FORKS
FREIGHTLINER FOR ESTABLISHMENT OF TAX
INCREMENT DISTRICT TO ASSIST IN DEVELOPMENT
OF PROPERTY AT 4200 GATEWAY DRIVE

The city auditor reported that pursuant to Chapter 40-58, Section 40-58.20.1, the city council had called for a public hearing to be held on the request by Forks Freightliner, 4200 Gateway Drive, for real property tax exemption for up to 15 years, and that the notice of public hearing had been published as required.

Mayor Polovitz called for the public hearing.

The city auditor reported that letters opposing the granting of the tax exemption had been received from Hansen Ford and from Rydell Chevrolet GMC, Inc.; and two letters of support from customers who would be using this type of service. Dakota X-Press and Keith Brown Trucking.

Brad Croy, 415 North 25th Street, stated that Freightliner Corporation is a leading manufacturer of heavy duty trucks in the nation, for Grand Forks to have opportunity to have franchise to come in is tremendous asset for the city, will bring in lot of business for service, will employ 8 people immediately and up to 25 in the near future, it has cleaned up blighted area and be an asset to the city, and asked council to allow tax exemption to help them get started.

Council Member Carpenter encouraged council to defeat, this business will be involved in direct competition with existing businesses, project has started, and to grant would set precedence.

Doug Grinde, 960 Darwin Drive, also appeared in behalf of Forks Freightliner.

Mayor Polovitz closed the public hearing.

Howard Swanson, city attorney, advised that this request is, following the public hearing, to establish tax increment district, which would include area classified as commercial property, however, council must make determination that any agreement utilizing tax increment financing, and in this case tax exemption rather than bonds, will not result in unfair competition and that the agreement is in the best interest of the municipality as a whole.

It was moved by Council Member Carpenter and seconded by Council Member Beyer that this provides unfair competition within the community and is not in the best interest of the city of Grand Forks, and that we hereby deny the request for the property tax exemption. Carried 12 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO BACON ROAD FOLLOWING PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by the Park District to move a building from 110 Cherry Street to Bacon Road to be used as a storage garage, had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the application
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for moving permit by Park District to move building from 110 Cherry Street to Bacon Road to be used as a storage garage, and recommended to approve the application for moving permit, subject to the public hearing.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved, and further that the Park District be and is hereby authorized to move the building. Carried 12 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
BUILDING TO 2009 13TH AVENUE NORTH FOLLOWING
PUBLIC HEARING

The city auditor reported that the notice of public hearing on the application by Brent Krenelka to move a building from 2103 North Washington Street to 2009 13th Avenue North to be used as a temporary storage/tool shed, had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the application for moving permit by Brent Krenelka to move building from 2103 North Washington Street to 2009 13th Avenue North to be used as a temporary storage/tool shed, and recommended to approve the application, subject to approval of the site plan by the Planning Office prior to moving of the building, and subject to the public hearing.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved, and further that Mr. Krenelka be and is hereby authorized to move the building subject to meeting conditions established. Carried 12 votes affirmative.

HOLD PUBLIC HEARING ON APPLICATION FOR MOVING
PERMIT TO MOVE BUILDING FROM 1213 BELMONT ROAD TO
2203 CHESTNUT STREET, AND REFER BACK TO COMMITTEE

The city auditor reported that the notice of public hearing on the application by Don Wurzbacher to move building from 1213 Belmont Road to 2203 Chestnut Street to be used as a utility shed/garage had been published and posted as required. It was noted that the inspection department had issued a moving permit and building permit, and building had already been moved.

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

Walt Orchard, 2202 Belmont Road, stated he lives across alley, and stated concern: appearance of the building, opposed to substandard building in neighborhood, and this affects value of his property. He also stated that in talking with Mr. Wurzbacher he stated building was to be moved to the lake.

Mayor Polovitz closed the public hearing.

Committee No. 3, Public Service, reported having considered the application for moving permit by Don Wurzbacher to move building from 1213 Belmont Road to 2202 Chestnut Street to be used as a utility shed/garage, and recommended to approve the application with the stipulation that the building be brought up to Code within 60 days, October 1, and subject to the public hearing.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved.
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After some discussion Council Member Hamerlik called for the question, motion failed.

After further discussion Council Members Hagness and Hamerlik asked that this matter be sent back to committee.

RECESS

Mayor Polovitz called for a five-minute recess at 9:10 p.m. The council reconvened at 9:15 p.m. with all members present.

REPORTS OF OFFICES

The city auditor's report on the City's investments for period ending July 31, 1995, was presented and read. It was moved by Council Member Geller and seconded by Council Member Beyer that this report be received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-13, dated August 7, 1995, and totaling $634,970.11, 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 Hagness 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, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE 1996 EMPLOYEE WAGE AGREEMENT

The Wage Negotiation Committee reported that negotiations for employee salary and benefit negotiations for 1996 had been conducted with the following agreement:

1) a $125,000 fixed, on-going increase in the city's annual pension contribution for General Fund employees which is approximately 1.45% of General Fund current payroll, with a like amount contributed for employees in other funds;
2) a one-time pension contribution of at least $250,000 from excess funds in the city's health insurance budget and in the worker's compensation insurance account;
3) serious study of the "cafeteria-style" benefit plan for all city employees, with plan implementation as soon as possible;
4) a plan to convert our group life insurance coverage to individual paid-up policies upon retirement, with a possible increase in the amount of city's paid coverage;
5) a 1% salary increase for all city employees, funded in part by employees' health insurance premium account excess, which is approximately .77%, the balance of .23% to come from on-going operating costs;
6) an amount not to exceed $75,000 for all funds for the first year cost of implementing the wage study, with any unneeded amount distributed to all city employees on a one-time basis, approximately .60% of current payroll; and
7) a commitment by the city to seriously consider the adoption of a collective bargaining ordinance.

It was moved by Council Member Carpenter and seconded by Council Member Beyer that this agreement be approved.

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Council Member Carpenter reported that the employees have ratified this agreement, that it falls within the Budget Framework Committee's preliminary numbers, and encouraged council to adopt the recommended agreement. He stated that there has been some question on item 5), whether that is interpreted to mean that the health insurance payback scheduled for January of 1996 would also take place in addition to the 1%, and that it is the understanding of the committee that the 1% is in effect on January 1 and that there will not also be the payback in January of 1996.

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

RECEIVE AND FILE MATTER OF REVIEW OF
COUNCIL MEETING DATES

Committee No. 1, Finance, reported having considered the matter of review of ordinances re. regularly scheduled council meeting dates, and recommended to receive and file.

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

INTRODUCE ORDINANCE RELATING TO EMERGENCY
FUNDS

Committee No. 1, Finance, reported having considered the matter of emergency levy funds, and recommended to introduce an ordinance for first reading to allow City to exceed statutory limits.

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

Council Member Beyer introduced an ordinance entitled "An ordinance adopting Section 2-0105 of the Grand Forks City Code relating to emergency funds", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO ISSUANCE
OF REVENUE BONDS

Committee No. 1, Finance, reported having considered the matter of ordinance relating to issuance of revenue bonds, and recommended to introduce the ordinance for first reading.

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

Council Member Beyer introduced an ordinance entitled "An ordinance enacting Article 9 of Chapter II of the Grand Forks City Code relating to the issuance of revenue bonds to finance additions and improvements to municipal water and sewage utility; providing a reserve therefor; providing for a levy to restore deficiency in said reserve and providing for the issuance of temporary bonds", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO ISSUANCE
OF SALES TAX REVENUE BONDS

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Committee No. 1, Finance, reported having considered the matter of ordinance relating to the issuance of sales tax revenue bonds, and recommended to introduce ordinance for first reading.

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

Council Member Beyer introduced an ordinance entitled "An ordinance relating to the issuance of sales tax revenue bonds to refund outstanding airport revenue bonds of the City; providing for the appropriation of sales tax revenue to secure the bonds; and providing for a levy to restore deficiencies in such sales tax revenues", which was presented, read and passed on its first reading.

GRANT PRELIMINARY APPROVAL OF APPLICATION
BY CONTE LUNA FOODS FOR FIVE-YEAR PROPERTY
TAX EXEMPTION ON BUILDING EXPANSION, AND
ESTABLISH PUBLIC HEARING

Committee No. 1, Finance, reported having considered the matter of application by Conte Luna Foods for five-year property tax exemption on building expansion at 1803 North 36th Street, and recommended to grant preliminary approval of the application for tax exemption on a graduated scale of 100, 80, 60, 40 and 20% for years 1 through 5 and to establish public hearing for Monday, August 21, 1995.

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

Council Member Carpenter reported that this entity has been back for the third time and feels application incomplete, that staff will obtain figures and finance committee will consider at their next meeting.

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

TABLE INDEFINITELY MATTER OF DETOX FACILITY
FINANCING

Committee No. 1, Finance, reported having considered the matter of financing of a detox facility: proposed financing for 1995 operating costs: United Hospital $20,000, *City $5,000, for a total of $25,000; Renovation Costs (option 2 - second floor Annex site), Bremer grant $21,000, *City/CDBG program $42,500, Grand Forks County $12,500, for a total of $76,000; proposed 1996 operating costs: United Hospital $20,000, Northeast Human Services $5,000, CDBG program $20,000, Human Needs $20,000, and *City $35,000, for a total of $100,000, and recommended to deny the proposed financing of a detox facility. (*Note: $100,000 budget allocation).

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

Council Member Glassheim reported that the problem re. homeless/intoxicated people has changed since they started working on it; that information from the police, Mission staff, business people and social service workers confirm that there has been a significant decline in the problem; that most of the homeless, intoxicated people can be protected without a detox center; that United Hospital continues its policy of caring for those in immediate medical need and the jail will continue to take conscious individuals who may be charged with any number of violations of various criminal statutes, that
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police officers will continue to use their trained discretion to make decisions in those cases. He stated that given that numbers are less than thought and that remaining people can be taken care of, looked at from point of view of other demands on resources of the city (esp. concern of federal cuts in the bus system, etc.) He stated that if problem, numbers or situation changes significantly in the future, this could be considered again; and moved to table indefinitely the funding plan for a detox center. The motion was seconded by Council Member Hagness. Carried 12 votes affirmative.

RECOMMEND IMPLEMENTATION OF ROLLERBLADE
SAFETY REGULATIONS INTO BICYCLE SAFETY
PROGRAM OF SUBSTANCE ABUSE & TRAFFIC SAFETY
COUNCIL

Committee No. 2, Public Safety, reported having considered the matter of concern regarding rollerbladers, and establishing subcommittee to review regulations, and recommended to send communication to Substance Abuse & Traffic Safety Council recommending implementation of rollerblade safety regulations into the bicycle safety program.

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

APPROVE GRANT AGREEMENTS WITH NORTH DAKOTA
DEPARTMENT OF HEALTH

Committee No. 2, Public Safety, reported having considered the matter of agreement with the North Dakota Department of Health re. Ryan White Comprehensive AIDS Resources (CARE) Case Management, and recommended to approve the grant agreement with the North Dakota Department of Health.

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

Committee No. 2, Public Safety, reported having considered the matter of agreement with the North Dakota Department of Health for HIV/AIDS Testing and Counseling Agreement, and recommended approval of the grant agreement with the North Dakota Department of Health.

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

Committee No. 2, Public Safety, reported having considered the matter of agreement with the North Dakota Department of Health for Tobacco Prevention and Control agreement, and recommended to approve the grant agreement with the North Dakota Department of Health.

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

APPROVE BUDGET AMENDMENT

A request to amend the Health Department budget to reflect new contract for 1995-96 fiscal year, additional grant funding for tobacco control and prevention, in the amount of $11,000, was presented and read. It was moved by Council Member Sande and seconded by Council Member Hoeppner that this budget amendment be and is hereby approved. Carried 12 votes affirmative.
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ADOPT RESOLUTION RECOGNIZING NORTH DAKOTA
GENERAL FEDERATION OF WOMEN'S CLUBS AS PUBLIC-
SPIRITED ORGANIZATION ELIGIBLE TO CONDUCT
GAMES OF CHANCE, AND APPROVE APPLICATION

Committee No. 2, Public Safety, reported having considered the application for gaming permit by ND General Federation of Women's Club for raffle on April 26, 1996, and recommended that a resolution be adopted recognizing this organization as a public-spirited organization eligible to conduct games of chance, and that we approve the application for permit.

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

Council Member Sande introduced the following resolution, which was presented and read: Document No. 6583 - Resolution.

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

ADOPT RESOLUTION RECOGNIZING HOME DELIVERED
MEALS, INC. AS PUBLIC-SPIRITED ORGANIZATION
ELIGIBLE TO CONDUCT GAMES OF CHANCE, AND
APPROVE APPLICATION

Committee No. 2, Public Safety, reported having considered the application for gaming permit by Home Delivered Meals, Inc. for raffle on September 7, 1995, and recommended that a resolution be adopted recognizing this group as a public-spirited organization eligible to conduct games of chance, and that we approve the application for permit.

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


Committee Member Sande introduced the following resolution, which was presented and read: Document No. 6584 - Resolution.

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

SET PUBLIC HEARING DATE OF OCTOBER 2, 1995
ON SUBSTANDARD BUILDING AT 615 SOUTH 5TH STREET

Committee No. 3, Public Service, reported having considered the matter of substandard building at 615 South 5th Street, and recommended to receive the inspection report and to set the public hearing on demolition for October 2, 1995.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved, and that the city auditor be directed to send notice of the public hearing to the proper individuals. Carried 12 votes affirmative.

APPROVE CITY'S PARTICIPATION IN CULVERT
REPAIR ON ENGLISH COULEE DIVERSION DITCH

Committee No. 3, Public Service, reported having considered the request from Grand Forks Water Resource District for assistance on collapsed culvert on
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English Coulee Diversion Ditch, and recommended to approve the City's participation in the project in the amount of 25% of the cost of the project, not to exceed $17,913.00.

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

APPROVE PLANS AND SPECIFICATIONS FOR
PRIVATE INSTALLATION OF UTILITIES IN SUN
LAND WEST 2ND

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for private installation of utilities: Project No. 4350, sanitary sewer in Sun Land West 2nd; Project No. 4351, watermain in Sun Land West 2nd; and Project No. 4352, storm sewer in Sun Land West 2nd; and recommended to approve plans and specifications for private installation of utilities, contingent upon comments from the engineering department.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
4366, PAVING DISTRICT NO. 539

The city engineer's estimate of total cost of the construction of paving on 6th Avenue North approx. 890 ft. west of North 51st Street, in the amount of $119,803.95, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications, for Project No. 4366, District No. 539, paving on 6th Avenue North west of 51st Street, and recommended to 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 Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 6585 - Resolution.

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

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO. 4314,
SEWER DISTRICT NO. 358

The city engineer's estimate of total cost of the construction of storm sewer along South 34th Street from 24th Avenue South to 30th Avenue South, in the amount of $262,363.50, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4314, District No. 358, storm sewer along South 34th Street from 24th Avenue South to 30th Avenue South, and recommended to pass a resolution approving the plans and specifications for
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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 Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 6586 - Resolution.

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

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4322, ENGLISH COULEE DIVERSION DITCH
IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4322, English Coulee Diversion ditch improvements, and recommended approval of the plans and specifications.

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

APPROVE PRELIMINARY ENGINEERING AGREEMENT
FOR PROJECT NO. 4349, BIKEPATH ALONG RED RIVER

Committee No. 3, Public Service, reported having considered the matter of preliminary engineering agreement for Project No. 4349, bikepath along Red River from Plum to Lincoln, Federal Aid Project TEU-6-986(041)044, and recommended to approve the agreement for preliminary engineering in the amount of $27,144.98, with CPS, Ltd.

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

APPROVE PRELIMINARY ENGINEERING AGREEMENT
FOR PROJECT NO. 4340, WATERMAIN DISTRICT
NO. 243
Committee No. 3, Public Service, reported having considered the matter of preliminary engineering agreement for Project No. 4340, District No. 243, watermain along South Washington Street from 28th Avenue South to 40th Avenue South, and recommended approval of the preliminary engineering agreement with Webster, Foster & Weston in an amount not to exceed $22,600.00.

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

AUTHORIZE ENTERING INTO ENGINEERING AGREEMENT
FOR PROJECT NO. 4306, SITING AND DEVELOPMENT OF
SANITARY LANDFILL

Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services for Project No. 4306, siting and
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development of new landfill, and recommended approval of the master agreement for engineering services and approval of Authorization #1 in the amount of $116,000 with Burns & McDonnell Waste Consultants, Inc.

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

AUTHORIZE SOLICITATION OF ENGINEERING PROPOSALS
FOR SLUDGE PLANT EVALUATION, PROJECT NO. 4377

Committee No. 3, Public Service, reported having considered the request to solicit engineering proposals for sludge plant evaluation, Project No. 4377, and recommended to authorize staff to solicit proposals for the project.

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

ACCEPT BID FOR PROVIDER OF DRUG AND ALCOHOL
TESTING SERVICES

Committee No. 3, Public Service, reported having considered the matter of selection of provider for drug and alcohol testing services, and recommended to accept the bid of Ad-Med Associates, Bismarck, ND

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

AUTHORIZE CALL FOR BIDS FOR SALE OF SCRAP
METAL AT LANDFILL

Committee No. 3, Public Service, reported having considered the matter of authorization to offer for sale on bids scrap metal (appliances) at landfill, and recommended to authorize calling for bids for the sale of scrap metal.

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

REFER TO ENGINEERING DEPARTMENT MATTER OF
DRAINAGE PROBLEM IN AREA BETWEEN 10TH AND
13TH AVENUES NORTH AND BETWEEN NORTH 17TH AND
20TH STREETS

Committee No. 3, Public Service, reported having considered the matter of excessive water in area between 10th and 13th Avenues North and between North 17th and 20th Streets, and recommended to refer to the engineering department.

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

AUTHORIZE STAFF TO NEGOTIATE PURCHASE OF
PROPERTY FOR FUTURE WATER PLANT PROJECT WHEN
APPROACHED BY PROPERTY OWNER(S)
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Committee No. 3, Public Service, reported having considered the matter of purchasing property for future water plant project (block south of present water plant), and recommended to authorize staff to negotiate purchase of property with any property owners who approach the City re. sale of their property.

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

APPROVE VARIOUS EASEMENTS

Committee No. 3, Public Service, reported having considered the temporary construction easement for English Coulee Diversion Ditch, improvements to existing dikes and culverts, in Brenna Twp, Sec., 3, NW Quarter, southeast corner of U.S. Highway No. 2 and County Road No. 5 (Airport Drive ext.), for and in consideration of the sum of $1.00 and other good and valuable considerations, William G. Saumur, grantor, and recommended approval of the easement, and to authorize proper City officials to sign said easement.

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

Committee No. 3, Public Service, reported having considered the temporary construction easement for Watermain Project No. 4365, located at 6th Avenue North between North 51st Street and vacated North 52nd Street, for and in consideration of the sum of $1.00 and other good and valuable considerations, Sun Land West, L.L.C., grantor, and recommended approval of the easement, and to authorize proper City officials to sign said easement.

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

Committee No. 3, Public Service, reported having considered the matter of the easement for electrical distribution line, underground distribution service, at city water tower site at South 38th Street and 29th Avenue South, for and in consideration of the sum of $1.00, and other good and valuable considerations, City of Grand Forks, grantor (Nodak Electric Cooperative, grantee), and recommended approval of the easement, and to authorize proper City officials to sign said easement.

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

APPROVE BUDGET AMENDMENT

An amendment to the Street Department budget in the amount of $19,200, for funds need to finish out the year, was presented and read. It was moved by Council Member Klave and seconded by Council Member Hamerlik that this amendment be and is hereby approved. Carried 12 votes affirmative.

ACCEPT BID FOR WASTEWATER SAMPLING BUILDING,
PROJECT NO. 4196

Committee No. 3, Public Service, reported having considered the bids for Project No. 4196, lagoon discharge sample building, and recommended to accept the low bid of L.A. Anderson Construction in the amount of $10,250.00.

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It was moved by Council Member Klave and seconded by Council Member Hamerlik 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 - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, SEWER PROJECT
NO. 4374, DISTRICT NO. 364

The city auditor presented and read tabulation of bids which had been received and opened on July 24, 1995 for Sewer Project No. 4374, Sewer District No. 364, storm sewer in Medvue Estates 6th Addition, indicating that Duckstad Contracting, Inc. was the low bidder based upon their bid in the amount of $27,842.80: Document No. 6587 - Tabulation of Bids.

The city engineer's estimate of total cost on Sewer Project No. 4374, District No. 364, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the bids received for Project No. 4374, District No. 364, storm sewer in Medvue Estates 6th Addition, and recommended to accept the low bid of Duckstad Contracting, Inc. in the amount of $27,842.80.

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

Council Member Babinchak asked to be excused from voting on this matter. It was moved by Council Member Hagness and seconded by Council Member Hagness that Council Member Babinchak be excused from voting on this matter.
Carried 12 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 6588 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution awarding the contract for Sewer Project No. 4374, District No. 364, to Duckstad Contracting, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Geller, Hagness - 11; voting "nay": none; Council Member Babinchak excused from voting. Mayor Polovitz declared the resolution adopted and the contract awarded.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 4255, DISTRICT NO. 531

Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 4255, District No. 531, paving 26th Avenue South and South 21st 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 Hamerlik that this recommendation be and is hereby approved. Carried 12 votes
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affirmative.

Council Member Klave introduced the following resolution creating the assessment district, which was presented and read: Document No. 6589 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik 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, Beyer, Babinchak, Geller, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING DISTRICT NO.
531, PROJECT NO. 4255

The city auditor presented and read the engineer's report on Paving District No. 531, Project No. 4255: Document No. 6590 - Report.

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

ADOPT RESOLUTION OF NECESSITY, PAVING DISTRICT
NO. 531, PROJECT NO. 4255

Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 6591 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hamerlik 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, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.

AUTHORIZE CITY'S ELECTRICAL CONTRACTOR TO
INSTALL SIGNALS AT NORTH 5TH STREET AND 2ND
AVENUE NORTH, SUBJECT TO APPROVAL BY ND
DEPARTMENT OF TRANSPORTATION

Committee No. 3, Public Service, reported having considered the matter of request to obtain quotes for Project No. 4339, school crossing at 5th Street and 2nd Avenue North, and recommended to approve quotes and authorize advertising for bids for a fully-signalized intersection on a 50-50 cost participation basis with the Grand Forks School District, and contingent upon strict enforcement of pedestrian traffic and vehicle traffic regulations.

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

Council Member Hagness presented memo from the city traffic engineer recommending that the council allow the engineering department to hire the City's electrical contractor, Ron's Electric, to complete the work rather than call for bids and to make the project contingent upon North Dakota Department of Transportation's approval, and moved the amendment to the motion. Council Member Sande seconded the motion. Carried 12 votes affirmative.

John Thompson, city traffic engineer, reported that warrants are met at this intersection and that it is at engineer's discretion whether to install, and his recommendation is that signals should be installed.

There was some discussion by council that students not going to abide by
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signals; and whether project had to be bid. Mr. Thompson reported that total project cost approx. $20,000; the estimate for Ron's Electric for labor between $6 - 10,000, with balance for materials. Mr. Swanson, city attorney, advised that because they are attempting to install prior to the 1995-96 school year, wouldn't have sufficient time to bid, and within confines of time restraints, could determine it to be an emergency which would fall within the purview of bid service.

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

APPROVE SCHEDULE FOR APPLICATION PROCESS FOR
1996 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
AND HUMAN NEEDS FUNDS

Committee No. 4, Urban Development reported having considered the matter of the CDBG (Community Development Block Grant) schedule for the next fiscal year, and recommended to adopt schedule for application process for 1996 Community Development Block Grant funds and for City Human Needs funds as presented (with public hearing by council on October 16, 1995 and final action on budgets on November 20, 1995).

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

APPROVE FINAL PLAT OF REPLAT OF LOT A,
BLOCK B OF THE REPLAT OF LOT 17 AND LOT 20,
BLOCK B OF THE REPLAT OF BLOCK 2, VILLAGE
RESUBDIVISION NO. 2

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson for final approval of a Replat of Lot A, Block B of the Replat of Lot 17 and Lot 20, Block B of the Replat of Block 2, Village Resubdivision No. 2, Grand Forks, North Dakota (located north of University Avenue between North 42nd Street and I-29), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

GRANT FINAL APPROVAL OF VILLAGE PUD, AMENDMENT
NO. 2, DETAILED DEVELOPMENT PLAN, MULTI-FAMILY,
LOW INCOME HOUSING, LOT F, BLOCK B, REPLAT OF
VILLAGE RESUBDIVISION NO. 2

The Planning and Zoning Commission reported having considered the matter of the request from Dakota Financial and Development on behalf of Fritz Builders for final approval of Village PUD (Planned Unit Development), Amendment No. 2, Detailed Development Plan, Multi-Family, Low Income Housing (36 units), Lot F, Block B, Replat of Village Resubdivision No. 2, Grand Forks, North Dakota (located at 4265 5th Avenue North), and recommended final approval subject to special conditions shown on or attached to the review copy.

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

TABLE INDEFINITELY MATTER OF PLAT OF REPLAT OF LOTS 3 THROUGH 26 AND LOT 51, BLOCK 4 OF A
REPLAT OF LOT B, BLOCK 4 OF A REPLAT OF LOT 2,
BLOCK 4, BFM 3RD RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson for final approval of a Replat of Lots 3 through 26 and Lot 51, Block 4 of a Replat of Lot B, Block 4, of a Replat of Lot 2, Block 4, BFM 3rd Resubdivision to the city of Grand Forks, North Dakota (located west of South 21st Street between 26th and 27th Avenues South), and recommended to table indefinitely.

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

GRANT FINAL APPROVAL TO BFM PUD, AMENDMENT
NO. 7, DETAILED DEVELOPMENT PLAN, SENIOR HOUSING
COMPLEX, LOT C, BLOCK L, REPLAT OF BFM ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson for final approval of BFM PUD (Planned Unit Development), Amendment No. 7, Detailed Development Plan, Senior Housing Complex (61 units), Lot C, Block L, Replat of BFM Addition (located north of 26th Avenue South between South 26th Street and BFM Drive), 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 Hagness that this recommendation be and is hereby approved. Carried 12 votes affirmative.

GRANT FINAL APPROVAL TO BFM PUD (PLANNED UNIT
DEVELOPMENT) DISTRICT, DETAILED DEVELOPMENT PLAN,
SHOPPING CENTER, LOTS F AND G, BLOCK 1, BFM 4TH
RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis D. Mikkelson for preliminary administrative approval and final approval (fast track) of BFM PUD (Planned Unit Development) District, Detailed Development Plan, Shopping Center, Lots F and G, Block 1, BFM 4th Resubdivision, Grand Forks, North Dakota (located in the northeast corner of 32nd Avenue South 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 Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 12 votes affirmative.

GRANT FINAL APPROVAL OF COLUMBIA PARK PUD
(PLANNED UNIT DEVELOPMENT) DETAILED DEVELOPMENT
PLAN, MULTI-FAMILY HOUSING COMPLEX, LOT 1,
BLOCK D, COLUMBIA PARK 15TH ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Investors Real Estate Trust (URET) for final approval of Columbia Park PUD (Planned Unit Development), Detailed Development Plan, Multi-Family Housing Complex (183 units), Lot 1, Block D, Columbia Park 15th
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Addition (located west of South 34th Street and south of 24th Avenue 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 Hagness that this recommendation be and is hereby approved.

Council Member Beach requested that he be excused from voting on this matter. It was moved by Council Member Hagness and seconded by Council Member Babinchak that Council Member Beach be excused from voting. Carried 11 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative.

APPROVE FINAL PLAT OF MINOR SUBDIVISION
REPLAT OF LOT 25, BLOCK 1, WESTERN SKIES
RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of the Grand Forks Park District for preliminary administrative (fast track) and final approval of a minor subdivision replat of Lot 25, Block 1, Western Skies Resubdivision to the city of Grand Forks, North Dakota (located in the 700 block of North 48th 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 Hagness that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE FINAL PLAT OF MINOR SUBDIVISION
REPLAT OF LOTS 8 AND 11, BLOCK 1, LARRY'S
RESUBDIVISION

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Whalen's, Inc. for preliminary administrative approval (fast track) and final approval of a minor subdivision replat of Lots 8 and 11, Block 1, Larry's Resubdivision to the city of Grand Forks, North Dakota (located westerly of the intersection of North 8th Street and 1st Avenue North), 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 Hagness that this recommendation be and is hereby approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCE TO AMEND LAND DEVELOPMENT
CODE TO INCLUDE STORAGE OF NON-HAZARDOUS MATERIAL
AS A PERMITTED USE IN B-4 (CENTRAL BUSINESS)
DISTRICTS

The Planning and Zoning Commission reported having considered the matter of the request from Jack Wavra on behalf of Innes Construction for preliminary approval of an ordinance to amend the Land Development Code pertaining to adding the storage of non-hazardous materials as a permitted use in the B-4 (Central Business) District, Section 18-0217(2)(E), and recommended preliminary approval of the ordinance amending the text of the Land Development Code, to introduce the ordinance and to set the date of the public hearing for September 18, 1995.

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

Council Member Babinchak 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 II, Zoning; Section 18-0217(2) relating to uses permitted in the B-4 (Central Business) District Zone", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND THE COMPREHENSIVE
PLAN OF THE LAND DEVELOPMENT CODE TO ADOPT THE
PLAN UPDATE (1995 PEDESTRIAN ELEMENT), AND SET
PUBLIC HEARING FOR SEPTEMBER 18, 1995

The Planning and Zoning Commission reported having considered the matter of preliminary approval of the 1995 Pedestrian Plan, and recommended preliminary approval of the ordinance amending the Comprehensive Plan by including the 1995 Pedestrian Element, to introduce the ordinance and to set the date of the public hearing for September 18, 1995.

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

Council Member Babinchak introduced an ordinance entitled "An ordinance relating to the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements, of the Grand Forks City Code of 1987, as amended, pertaining to the 1995 Grand Forks-East Grand Forks Transportation Plan (Pedestrian Element)", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO ANNEX ALL OF PRAIRIE
VIEW ESTATES FIRST ADDITION TO THE CITY

The Planning and Zoning Commission reported having considered the matter of the request from Tim Crary on behalf of George McEnroe for approval to annex all of Prairie View Estates First Addition to the city of Grand Forks, North Dakota (located northeast of the intersection of South 42nd Street and 11th Avenue South), and recommended approval of the ordinance to annex, to introduce the ordinance and to set the date of the public hearing for August 21, 1995.

It was moved by Council Member Glassheim and seconded by Council Member Hagness to approve the recommendation.

Council Member Hagness reported that this piece of property not a lot unlike a piece of property to the west of South 42nd Street that was coming in for change in zoning to R-6 for mobile home park, and council approved the annexation of that property with an effective date of May 1, 1996; that this could be one of several plans being proposed as site for the civic center; that if this is to go forward council should be consistent and make the same condition on the annexation as they did to the property to the west, annex with an effective date of May 1, 1996

Ken Vein, city engineer, recommended annexation of the 190 ft. immediately adjacent on the west side of the piece requested to be annexed so that cost of improvements can be assessed to benefitting areas, rather than through a tapping charge.

After some discussion it was moved by Council Member Carpenter and seconded by 14164
August 7, 1995

Council Member Klave to amend the proposed ordinance to increase the area of annexation to include the 190 feet on the west side of South 42nd Street. Carried 12 votes affirmative.

It was moved by Council Member Hagness and seconded by Council Member Carpenter to establish an effective date of the annexation for May 1, 1996.

Tim Crary, 1273 S. 36th Street, stated he would like to see annexation of this property proceed, would like to keep development of property going, and would recommend annexation. He noted that people are aware of potential for mobile home park.

Howard Swanson, city attorney, advised that if the amendment for annexation for May 1, 1996 fails, that the property owned by Mr. Danks on the west side of South 42nd Street which was annexed with an effective date of May 1, 1996, would not be within the city limits, and the property which he has not sought to be developed at this time would be annexed if the amendment does not pass.
He also stated that at this point it is preliminary, that hearing is set, and interested parties can appear and react at that time; that council would have ability to make any changes at that time.

Upon call for the question on the motion for the amendment by Council Member Klave, and upon roll call vote the following voted "aye": Council Members Hamerlik, Glassheim, Carpenter, Hagness - 4; voting "nay": Council Members Hoeppner, Sande, Klave, Beyer, Babinchak, Geller, Beach, McCabe - 8. Mayor Polovitz declared that the motion failed.

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

Council Member Babinchak introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Prairie View Estates First Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

GRANT FINAL APPROVAL OF GARDEN VIEW ESTATES
PUD, SINGLE FAMILY, ALL OF PRAIRIE VIEW ESTATES
FIRST ADDITION

The Planning and Zoning Commission reported having considered the matter of the request from Tim Crary on behalf of George McEnroe for final approval of Garden View Estates PUD (Planned Unit Development), Single Family, all of Prairie View Estates First Addition to the city of Grand Forks, North Dakota (located northeast of the intersection of South 42nd Street and 11th Avenue 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 Hagness that this recommendation be and is hereby approved. Carried 12 votes affirmative.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE LOTS 5 THROUGH 12, BLOCK 2,
VEITS ADDITION, WITHIN THE B-4 (CENTRAL BUSINESS)
DISTRICT

The Planning and Zoning Commission reported having considered the matter of the request from Jack Wavra on behalf of Herb Chernick of Michaels Realty, Inc. for preliminary approval of an ordinance to amend the Zoning Map to exclude from the R-4 (Multiple Family Residence) District and to include within the B-4 (Central Business) District Lots 5 through 12, Block 2, Viets
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Addition to the city of Grand Forks, North Dakota (located at 311 South 4th Street - old post office building), and recommended preliminary approval of the ordinance amending the Zoning Map, to introduce the ordinance and to set the date of the public hearing for September 18, 1995.

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


Robert Bushfield, city planner, stated that the recommendation from the Planning Commission was to rezone everything south of Kittson Avenue to Minnesota Avenue and everything from the Red River to South 4th Street, and wanted council to be aware of that.

Carried 12 votes affirmative.

Council Member Babinchak 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 R-4 (Multiple Family Residence) District and to include within the B-4 (Central Business) District all of Auditor's Resubdivision No. 2 to the city of Grand Forks, North Dakota; all of Auditor's Resubdivision No. 23, Grand Forks, North Dakota; and Lots 5 and 6, Block 1 and all of Blocks 2, 5 and 8, Viet's Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

COUNCIL MEMBERS BEYER AND McCABE EXCUSED

APPROVE REVISED PRIVATE SECTOR POLICY FOR
PUBLIC TRANSPORTATION DEPARTMENT

The Bus Committee reported having considered the matter of approval of revised Private Sector Policy for the Public Transportation Department, and recommended approval of the revised Private Sector Policy for the Public Transportation Department.

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

APPROVE ANNUAL DBE GOAL FOR FY 1996 FOR PUBLIC
TRANSPORTATION DEPARTMENT

The Bus Committee reported having considered the matter of approval of FY 1996 Disadvantaged Business Enterprise (DBE) goal for the Public Transportation Department and recommended approval of an annual DBE goal of 15% for FY 1996.

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

COUNCIL MEMBER McCABE REPORTED BACK

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 273, dated July 31, 1995, and totaling $1,348,691.25, was presented and read.

It was moved by Council Member Hagness and seconded by Council Member Sande that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner,
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Hamerlik, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION, VARIOUS
PROJECTS

Communications were presented and read from the city engineer certifying that the contractor had successfully completed the construction of the following projects in a satisfactory manner, and recommending acceptance by the council: Project No. 4168, hauling dirt to landfill; Project No. 4185.2, storm sewer repair area #1; Project No. 4185.3, storm sewer repair area #2; Project No. 4185.5, storm sewer repair area #4; Project No. 4215, Sewer District No. 349; and Paving Project No. 4222, District No. 528.

It was moved by Council Member Sande and seconded by Council Member Babinchak that these recommendation be and are hereby approved. Carried 11 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were presented and/or referred to committee as follows:
1) Council Member Glassheim asked how variances granted without notification to surrounding property owners (re. variance on car wash). Mr. Bushfield reported that variances are handled by Board of Adjustments and there is policy in effect that property owners within 200 feet be notified of the variance request. Mayor Polovitz referred the matter to the inspection department.

INTRODUCE ORDINANCE RE. PROHIBITED POSSESSION
OR PURCHASES OF TOBACCO PRODUCTS

Council Member Carpenter reported that the council had approved the tobacco licensing ordinance, that there was an amendment on the floor re. direct supervision of minors and that amendment specifically went to one section of the ordinance, but there is also a second section that should apply to, and would like to move that we amend Section 9-1305, which is possession or purchase of tobacco products by minor prohibited, to include supervision of a person on the premises so that it matches other provisions, and moved for first reading this evening. Council Member Babinchak seconded the motion.
Carried 11 votes affirmative.

Council Member Carpenter introduced an ordinance entitled "An ordinance amending Sections 9-1305 and 21-2806(6) of the Grand Forks City Code relating to prohibited possession or purchases of tobacco products", which was presented, read and passed on its first reading.

MATTER OF CONSIDERATION OF TEMPORARY
DIRECTIONAL SIGNS UNDER SIGN CODE

Council Member Carpenter stated that since he moved to table the second reading of the ordinance re. temporary directional signs, he suggested that those particularly interested from Planning and staff informally get together and come up with something: Council Members Glassheim and Hagness, city engineer, city planner and city attorney.

ADJOURN

It was moved by Council Member Klave and seconded by Council Member Sande that we do now adjourn until Monday, August 21, 1995 at 7:30 o'clock p.m. Carried 11 votes affirmative.

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Respectfully submitted,



John M. Schmisek
City Auditor

Approved:

Michael Polovitz, Mayor