Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, June 6, 1994
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, June 6, 1994 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, Hoeppner, Kulas, Hanson, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 12; 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 item.
COUNCIL MEMBER McCABE REPORTED PRESENT
ADOPT ORDINANCE NO. 3417, TO ANNEX ALL
OF GARDEN VIEW ESTATES FIRST ADDITION
TO THE CITY OF GRAND FORKS
An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Garden View Estates First Addition", which had been introduced and passed on its first reading on May 16, 1994, 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.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3418, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF GARDEN 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 Garden View Estates First Addition to the city of Grand Forks, North Dakota, being a portion of the Southeast Quarter of the Northwest Quarter of Section 8, Township 151 North of Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on May 16, 1994, 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 City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Johnson Farms for final approval of Garden View Estates First Addition, being a portion of the Southeast Quarter of the Northwest Quarter of Section 8, Township 151 North of Range 50 West of the 5th Principal Meridian (located west of South 34th Street between the Ray
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Richards Golf Course 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 Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3419, TO AMEND THE STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF AIRPORT 4TH 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 Airport 4th Addition to the city of Grand Forks, North Dakota, being a part of the Northeast Quarter of the Northeast Quarter of Section 6, Township 151 North, Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on May 16, 1994, 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 City Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of North Dakota Department of Transportation for final approval of the plat of Airport 4th Addition to the city of Grand Forks, ND, being a part of the Northeast Quarter of the Northeast Quarter of Section 6, Township 151 North, Range 50 West of the 5th Principal Meridian (located south of Gateway Drive between North 42nd and North 43rd Streets), 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 Beyer and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
ADOPT ORDINANCE NO. 3420, AMENDING ZONING MAP
TO INCLUDE WITHIN I-1 (LIGHT INDUSTRIAL) DISTRICT
ALL OF LOTS A THRU D, BLOCK 2 AND ALL OF LOTS A
THRU E, BLOCK 3, REPLAT OF ADAMS-DOBMEIER 2ND
SUBDIVISION
An ordinance entitled "An ordinance to amend the Zoning Map of the city of
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Grand Forks, North Dakota to rezone and exclude from the B-3 (General Business) District and to include within the I-1 (Light Industrial) District, all of Lots A thru D, Block 2 and all of Lots A thru E, Block 3, Replat of Adams-Dobmeier 2nd Subdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 16, 1994 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 City Planning and Zoning Commission reported having considered the request from L & L Masonry, Inc. and others for final approval of an ordinance to amend the Zoning Map to exclude from the B-3 (General Business) District and to include within the I-1 (Light Industrial) District all of Lots A thru D, Block 2 and all of Lots A thru E, Block 3, Replat of Adams-Dobmeier 2nd Subdivision to the city of Grand Forks, North Dakota (located west of North 55th Street between 10th Avenue North and one-half block north of 12th Avenue North, and recommended final approval and passage of the ordinance amending the Zoning Map.
It was moved by Council Member Hagness and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
CONTINUE PUBLIC HEARING AND SECOND READING OF
ORDINANCE TO AMEND ZONING MAP TO INCLUDE WITHIN
MIK-LAN PUD, CONCEPT DEVELOPMENT PLAN, AMENDMENT
NO. 2, ALL OF MIKKELSON-LANDECO ADDITION, MIKKELSON-
LANDECO 2ND, 3RD AND 4TH RESUBDIVISIONS, AND LOT L,
BLOCK 1, ENDRES-RYDELL ADDITION, TO JULY 18, 1994
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the MIK-LAN PUD (Planned Unit Development), Concept Development Plan, including Amendment No. 1; MIK-LAN 2nd PUD (Planned Unit Development) Concept Development Plan, and B-1 (Limited Business) District and to include within the MIK-LAN PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Mikkelson-Landeco Addition, Mikkelson-Landeco 2nd Resubdivision, Mikkelson-Landeco 3rd Resubdivision, Mikkelson-Landeco 4th Resubdivision and Lot L, Block 1, Endres-Rydell Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 16, 1994, 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 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.
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The City Planning and Zoning Commission reported having considered the matter of the request from Buster Little on behalf of KBM, Inc. for final approval of an ordinance to amend the Zoning Map by excluding from the MIK-LAN PUD (Planned Unit Development), Concept Development Plan, including Amendment No. 1; Mik-LAN 2nd PUD (Planned Unit Development), Concept Development Plan and B-1 (Limited Business) District and to include within the MIK-LAN PUD (Planned Unit Development, Concept Development Plan, Amendment No. 2, all of Mikkelson-Landeco Addition, Mikkelson-Landeco 2nd Resubdivision, Mikkelson-Landeco 3rd Resubdivision, Mikkelson-Landeco 4th Resubdivision and Lot L, Block 1, Endres-Rydell Addition, Grand Forks, North Dakota (located between South 20th Street and one block east of South 17th Street and between Continental Drive and 32nd Avenue South), and recommended continuing the public hearing date until July 18, 1994.
It was moved by Council Member Hagness and seconded by Council Member Hoeppner that this recommendation be and is hereby approved and that the public hearing and second reading of the ordinance be continued until July 18, 1994. Carried 13 votes affirmative.
ADOPT ORDINANCE NO. 3421, ADOPTION OF NEW
ZONING MAP AND SUPPLEMENT, EFFECTIVE JULY 1,
1994
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, by adoption of a new zoning map and supplement attached hereto having an effective date of July 1, 1994", which had been introduced and passed on its first reading on May 16, 1994, 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 was some discussion relative to the buffer zone between the MF-4 district and the B-3 district on 28th Avenue South, 1300-1500 blocks (as shown on Sheet 46 of the supplement to the zoning ordinance). It was noted that Rydell's is expanding their sales lot into the A-1 District and that by extending the B-3 district by 75 ft. to the west would take care of the construction area. Mr. Bushfield recommended leaving the proposed rezoning as A-1 between the B-3 and MF-4 area, and that this would still accommodate Rydell's. Floyd Hickock, stated that 75 ft. would be sufficient to take into consideration construction underway.
COUNCIL MEMBER GLASSHEIM REPORTED PRESENT
Mr. Bushfield, city planner, stated that they would have temporary solution with 75' extension, allow them to continue construction but not impact property owners to the west, still 210 ft. of area in A-1 Dist., stop gap for them to continue construction.
It was noted that Rydell's did not take out building permit, but that they would have to come back in on balance of request. Mr. Vein reported that last year fine doubled for violation, and would assume that was enforced, not aware of building over easements, etc.
Mayor Polovitz closed the public hearing.
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The City Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks City Planning Department for final approval of an ordinance to amend the Zoning Map by adoption of a new Zoning Map and Supplement attached thereto, having an effective date of July 1, 1994, for the purpose of clarifying, recodifying, making minor adjustments to existing zoning boundaries where it splits parcels, eliminating small planned unit developments that resulted from the elimination of community unit projects within the R-4 (Multiple Family) Districts and other minor district boundary adjustments, and recommended final approval and passage of the ordinance adopting a new zoning map and supplement, including the addition of rezoning from B-3 (General Business) District to B-1 (Limited Business) District, Lots D, E, F, G and K, Block 1, Endres-Rydell Addition to the city of Grand Forks, North Dakota (located at 1315 and 1501 28th Avenue South).
It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved.
It was moved by Council Member Hagness and seconded by Council Member Beyer to amend the recommendation from the Planning and Zoning Commission, and to amend the zoning map (sheet 46) to extend B-3 (General Business) zone 75' to the west. Carried 13 votes affirmative; Council Member Hanson voted against the motion.
Upon call for the question on the original question and upon voice vote the motion carried 13 votes affirmative; Council Member Hanson voted against the motion.
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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
ADOPT ORDINANCE NO. 3422, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(CITY HALL BUDGET)
An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (City Hall Department in the amount of $3,197.00), which had been introduced and passed on its first reading on May 16, 1994, 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
ADOPT ORDINANCE NO. 3423, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(CIVIC AUDITORIUM BUDGET)
An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Civic Auditorium budget in the amount of $750.00), which had been introduced and passed on its first reading on May 16, 1994, 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,
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Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
ADOPT ORDINANCE NO. 3424, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(HEALTH DEPARTMENT BUDGET)
An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Department in the amount of $746.00), which had been introduced and passed on its first reading on May 16, 1994, 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
INTRODUCE ORDINANCE AMENDING ANNUAL APPROPRIATIONS
BILL ORDINANCE FOR 1994 (FLOOD CONTROL CAPITAL
PROJECTS FUND)
Council Member Shores introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Flood Control Capital Projects Fund), which was presented, read and passed on its first reading.
HOLD PUBLIC HEARING, AND APPROVE APPLICATION
BY CARBO ENTERPRISES USA, INC. FOR PROPERTY
TAX EXEMPTION ON NEW FACILITY
The city auditor reported that pursuant to the provisions of Section 40-57.1 of the North Dakota Century Code, notice had been given that the city council would meet this evening to consider the application of Carbo Enterprises USA, Inc., 1305 Dyke Avenue, for a five-year exemption of ad valorem taxation on a facility to be constructed on Lot B, Replat of Lots 1, 2, Block 1, 3 and 4, less .30 acres for highway, and Lot 5, Budge & Eshelman's 3rd Addition to the city of Grand Forks, North Dakota, which the applicant will use in the operation of his business (assembling and shipping NHL souvenir products), 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 no comments and Mayor Polovitz closed the public hearing.
It was moved by Council Member Shores and seconded by Council Member Kulas that we do find and determine an insufficiency of protest on the application. Carried 14 votes affirmative.
It was moved by Council Member Shores that we approve the application and grant a five-year exemption as follows: 100% for the first year, 80% for the second year, 60% for the third year, 40% for the fourth year, and 20% for the fifth year. The motion was seconded by Council Member Kulas.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.
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APPROVE ASSESSMENTS, SNOW REMOVAL PROJECT
NO. 4150
The city auditor presented and read the assessments as certified to him by the superintendent of streets on Snow Removal Project No. 4150, in the amount of $7,593.52, and reported that the legal notice to the public that these assessments would be presented to the city council this evening had been published as required, and further that no protests or grievances had been filed with his office.
Mayor Polovitz asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Hoeppner and seconded by Council Member Lien that these assessments be and are hereby accepted and confirmed and that they be levied against the property benefitted in one annual installment to be collected with other taxes by the proper authorities. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.
REFER CONSENT AGENDA ITEMS TO COMMITTEE
It was moved by Council Member Lien and seconded by Council Member Shores that consent agenda items be referred to the proper committee for investigation, consideration and report back with recommendation. Carried 14 votes affirmative.
Finance Committee:
1) application by Billy Bob's, Inc., 1509 Dyke Avenue, for five-year property tax exemption.
Public Service Committee:
1) petition relative to condition of North 55th Street.
REPORTS OF OFFICERS
The city auditor's portfolio master summary and investment activity summary as of May 31, 1994 were presented and read. It was moved by Council Member Kulas and seconded by Council Member Glassheim that these reports be and are hereby received and filed. Carried 14 votes affirmative.
REPORT OF BOARD OF ZONING ADJUSTMENTS
A communication from Bruce Melin, building inspector, was presented and read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Thursday, May 19, 1994 that notice had been published as required and that the following appeals were heard: 1) Doug and Julie Goodman, 2515 South Washington Street, request for variance to the rear-yard setback requirements and to the rear-yard landscaping (Type B) requirements to erect an addition onto the building, described as Lot 1, Block 1 of Lander's Addition, and that the Board unanimously approved a motion to allow a 5 ft. rear-yard setback so the new addition would match the existing building, with the landscaping area reduced to 5 ft., and that this is a variance of 5 ft. to the landscaping area from 10 ft. and 15 ft. from the rear-yard requirement of 20 ft.; 2) Myron and Betty Bender, 716 North Columbia Road, request for variance to the front-yard setback requirements to erect a garage addition, described as Lot 1, Block 15, Swangler's Subdivision; and that the Board unanimously approved a motion to allow a second front-yard setback allowing an 8 ft. addition to the garage, that this is a variance of approx. 4 ft. beyond the prevailing setback of adjacent properties; 3) Donna and Fred Remer (agent: Lynn Vreeland), 111
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Reeves Court, request for variance to the accessory building requirements to erect a garage and house addition, described as the west one-half of Lot D, Block 1, Reeves Court Addition; and approved a motion (Vreeland abstaining) to allow an accessory building separation of 9'6", a variance from 12 ft. required for an addition to the house and garage; 4) David and Roxanne Kasper, 1701 7th Avenue North, request for variance to the accessory building requirements to erect a garage, described as Lot 1, Block 15, Auditor's Subdivision No. 3, and unanimously approved a motion to allow a 17 ft. driveway setback for a detached garage, a variance of 3 ft. from the required 20 ft.; 5) Harvey Akridge (agent: Carter Passa), 802 South 10th Street, request for variance to front-yard setback requirements and to the second front-yard setback requirements to move a house in and to convert the existing house into a garage, described as Lots 1 and 2, Block 10, McKelvey's Addition, and unanimously approve a motion to allow an 18.5 ft. driveway setback and a 6.5 ft. side-yard setback to allow the conversion of an existing house to an attached garage.
It was moved by Council Member Geller and seconded by Council Member Lien to receive and file the report. Carried 14 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 94-09, dated June 6, 1994, and totaling $5,064,847.43, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.
It was moved by Council Member Hanson and seconded by Council Member Hoeppner that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.
APPROVE FINANCING OF SIDEWALK IMPROVEMENTS
Committee No. 1, Finance, reported having considered the bids for sidewalk improvement bonds in the amount of $160,000 to $200,000, and recommended that we accept the bid of Community National Bank at 98.00% of par, with a coupon rate of 4.90% and a net interest cost of 5.37% on the basis of a five-year bond term.
It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE JOB DESCRIPTION OF PLATTING AND RIGHT
OF WAY OFFICER
Committee No. 1, Finance, reported having considered the matter of job description for platting and right of way officer, and recommended to accept changes and approve the new job description.
It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 14 votes affirmative.
MATTER OF LEASE IN FORMER WHITE DRUG BUILDING
Committee No. 1, Finance, reported having considered the matter of lease in
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former White Drug building, and recommended that negotiations continue and monies for remodeling of space be taken from excess sales tax as a loan to be repaid from monthly rentals.
It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE APPLICATIONS FOR 3-YEAR REMODELING
EXEMPTIONS
Committee No. 1, Finance, reported having considered the applications for 3-year remodeling exemptions: 1) 121 8th Avenue South, 2) 520 Plum Avenue, and c) 2614 Chestnut Street, and recommended that the exemptions be approved per the assessor's recommendation.
It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE BOND FOR CITY AUDITOR, MUNICIPAL JUDGE
AND CITY ASSESSOR
Committee No. 1, Finance, reported having considered the matter of bond for city auditor, municipal judge and assessor per NDCC 40-13-02, and recommended that bond, as required by NDCC 40-13-02 be approved through he State Bond Fund for the city auditor, municipal judge and assessor.
It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 14 votes affirmative.
CONSIDER PROPOSAL TO ESTABLISH CITY FLAG
Committee No. 1, Finance, reported having considered the matter of proposal to establish city flag, and recommended to establish an organization committee as outlined in the proposal, with costs to be paid through donations.
It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved.
Council Member McCabe reviewed his proposal to establish a flag, and process for selection, and asked for approval of the concept. He introduced Mr. Haakenson, former mayor of Bismarck and member of Burleigh County Commission, who explained process Bismarck went through to select flag and its use in the community.
Upon call for the question on the motion and upon voice vote, the motion carried 14 votes affirmative.
RECESS FOR 5-MINUTES
Mayor Polovitz called for a five-minute recess. The council reconvened at 8:30 p.m. with all members present except Council Member McCabe.
AUTHORIZE REMOVAL OF PARKING RESTRICTION ON
SOUTH SIDE OF DEMERS AVENUE FRONTAGE ROAD
ALONG GOLF COURSE DURING HOLE IN ONE CONTEST
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Committee No. 2, Public Safety, reported having considered the request to remove street parking restrictions on June 3-12 for Hole-in-One contest at Ray Richard's Golf Course, and recommended that we approve request for removal of parking restrictions on south side of the frontage road along the golf course to allow parking during the event.
It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE APPLICATION BY WESTWARD HO MOTEL FOR
SPECIAL ALCOHOLIC BEVERAGE PERMIT ON JULY 4
Committee No. 2, Public Safety, reported having considered the application by Westward Ho Motel for special alcoholic beverage permit at designated premises - riverbank behind Lunseth's and adjacent property on July 4, and recommended that the application be approved.
It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE REQUEST TO HOLD POTATO BOWL PARADE
ON SEPTEMBER 24, 1994
Committee No. 2, Public Safety, reported having considered the request to hold Potato Bowl parade on September 24, 1994, and recommended to approve the request, contingent upon coordinating the event with the police department.
It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirmative.
AUTHORIZE CLOSING RIVERBOAT ROAD DURING
"ROLLIN' ON THE RIVER" ON WEDNESDAYS DURING
AUGUST
Committee No. 2, Public Safety, reported having considered the request by Central Business District Assn. for closing of Riverboat Road from DeMers Avenue to the entrance of the bridge parking lot on Wednesdays beginning August 3 through August 31 from 11:00 a.m. until 2:00 p.m.
It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE CARNIVAL PERMIT
Committee No. 2, Public Safety, reported having considered the request by Greater Grand Forks Fair & Exhibition Assn., Inc. for carnival permit June 15 - 19, 1994, and recommended that we approve the application subject to approval by the fire, health and police departments.
It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ACCEPT BIDS FOR MOSQUITO CONTROL
Committee No. 2, Public Safety, reported having considered the bids for mosquito control, and recommended that we accept the bid of Airborne Custom
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Spraying in the amount of $1.85/per acre for the first application, $1.75/per acre for the second application, and $1.65/per acre for the third application, with City to provide liability insurance.
It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
CHANGE PARKING ON SOUTH 4TH STREET IN FRONT
OF FORMER POST OFFICE BUILDING TO ALL-DAY
PARKING
Committee No. 2, Public Safety, reported having considered the matter of Ecolab parking, and recommended that the 10-minute zones in front of the post office location be converted to all-day parking in lieu of changing the parking restrictions on South 4th Street adjacent to Deaconess building, and further that Ecolab and Ken Welter (Deaconess building owner) work with CBD Parking Authority to develop County property and other across Division into usable surface lot for tenants in the old Deaconess and NICOA buildings.
It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirmative.
REMOVE PARKING AT SOUTH 12TH STREET AND 24TH
AVENUE SOUTH INTERSECTION TO REDUCE CONGESTION
AND REMOVE BUS SHELTER
Committee No. 2, Public Safety, reported having considered the matter of parking problem/traffic congestion at corner of South 12th Street and 24th Avenue South, and recommended that parking be removed on both sides of South 12th Street and 24th Avenue South for approximately 3 car lengths on all approaches to reduce congestion and improve sight distance, and removal and relocation of bus shelter as per City bus requirements.
It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirmative.
GRANT VARIANCE TO NOISE ORDINANCE TO OPP
CONSTRUCTING DURING 1994 CONSTRUCTION SEASON
Committee No. 2, Public Safety, reported having considered the request for variance to noise ordinance for 1994 construction projects, and recommended that we grant a variance to Opp Construction Company.
It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE APPLICATION FOR AIRPORT LIMOUSINE
SERVICE BY 1ST CLASS LIMOUSINE
Committee No. 2, Public Safety, reported having considered the application for airport limousine license by 1st Class Limousine, and recommended approval of the application subject to inspection of vehicles by the police department.
It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes
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affirmative.
INTRODUCE ORDINANCES AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
FOR HEALTH DEPARTMENT BUDGET AND POLICE
DEPARTMENT BUDGET
Committee No. 2, Public Safety, reported having considered the request to amend the Health Department Wellness Program to reflect unanticipated income of $3,417.00 for ND Aging Services Grant, and recommended approval of the budget amendment. It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Crawford introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Health Department Wellness budget), which was presented, read and passed on its first reading.
Committee No. 2, Public Safety, reported having considered the request to amend the Police Department budget to reflect unanticipated revenue from Narcotics Enforcement grant in the amount of $2,000, and recommended approval of the budget amendment. It was moved by Council Member Hoeppner and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Crawford introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Narcotics Enforcement Grant), which was presented, read and passed on its first reading.
COUNCIL MEMBER McCABE REPORTED BACK
AUTHORIZE PURCHASE OF LAB EQUIPMENT FOR
WATER TREATMENT PLANT
Committee No. 3, Public Service, reported having considered the bid summary for gas chromatograph/mass spectrometer for water treatment plant, and recommended to accept the bid of International Equipment Trading Ltd. in the amount of $55,000 and further that $1,026.00 be transferred from Contingencies to General Equipment Capital Outlay budget to cover balance of purchase price.
It was moved by Council Member Beach 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, Kulas, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.
INTRODUCE ORDINANCE PROHIBITING SCAVENGING
OF CURBSIDE RECYCLING MATERIALS
Committee No. 3, Public Service, reported having considered the matter of ordinance to prohibit scavenging of recyclable materials, and recommended adoption of the recycling ordinance prohibiting scavenging of curbside recyclables, and introduce for first reading.
It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Hagness introduced an ordinance entitled "An ordinance amending Section 13-0415 and adopting Section 13-0416 of the Grand Forks City Code
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relating to scavenging of recycling materials prohibited and penalties", which was presented, read and passed on its first reading.
APPROVE AMENDMENT TO INDUSTRIAL WASTE PERMIT
FOR RDO FOODS COMPANY
Committee No. 3, Public Service, reported having considered the matter of revision of RDO Foods Company industrial waste permit, and recommended that we amend the industrial waste permit effective June 6, 1994 as follows: 1) increase sampling frequency to daily; and 2) require sampling and analysis be done by a certified laboratory.
It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE CHANGE ORDER FOR PROJECT 3832,
PRE-AERATION CELLS IMPROVEMENTS
Committee No. 3, Public Service, reported having considered the matter of change order No. 1, Project 3832, pre-aeration cells improvements, and recommended that we approve the change order as follows: 1) delete portable DO meter for a deduct of $2,100.00 and 2) attach fittings in the aeration piping system at a cost of $1,315.59, for a net deduct of $784.41.