Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, July 18, 1994
The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, July 18, 1994 at the hour of 7;30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; absent: Council Member Carpenter - 1.
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.
APPROVE MINUTES MAY 16, JUNE 6, 20 AND 28, 1994
Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, May 16, of the regular meeting held on Monday, June 6, 1994, of the adjourned meetings held on Monday, June 20 and Tuesday, June 28, and of the organizational meeting of the city council held on Tuesday, June 28, 1994, were presented and read. It was moved by Council Member Glassheim and seconded by Council Member Hoeppner that these minutes be approved as read. Carried 13 votes affirmative.
ADOPT ORDINANCE NO. 3429 TO ANNEX ALL OF SUN
LAND WEST FIRST RESUBDIVISION
An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Sun Land West First Resubdivision", which had been introduced and passed on its first reading on June 6, 1994, was presented and read for consideration on second reading and final passage. (The description of the property to be annexed was changed from Sun Land West First Resubdivision, Block 1, Lots 1 through 24 and Block 2, Lots 1 through 14 to read Sun Land West First Resubdivision, Block 1, Lots 1 through 27 and Block 2, Lots 1 through 14, because of change in size and renumbering of lots.)
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.
Committee No. 3, Public Service, reported having considered the matter of Sun Land West First Resubdivision, and recommended to amend the annexation to include Lot 16, Block 2 of Sun Land West First Resubdivision (this lot to serve as lift station site).
It was moved by Council Member Beyer and seconded by Council Member Hagness that this recommendation be and is hereby approved and that the ordinance be amended to include Lot 16, Block 2 of Sun Land West First Resubdivision. Carried 13 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3430, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF SUN LAND WEST FIRST RESUBDIVISION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of
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the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Sun Land West First Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 6, 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 Dan Schmaltz for final approval of the plat of Sun Land West First Resubdivision, Grand Forks, ND (Replats Richard's West Subdivision, Replat of Block 1, Lots A and B) (located between 6th Avenue North and 10th Avenue North and between North 51st and North 55th 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 Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Upon call for the question of adoption of this ordinance, and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
ADOPT ORDINANCE NO. 3431, AMENDING ZONING MAP
TO INCLUDE SUN LAND WEST FIRST RESUBDIVISION
WITHIN THE SUN LAND WEST PUD, CONCEPT DEVELOP-
MENT PLAN
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the A-1 (Limited Development) District and to include within the Sun Land West PUD (Planned Unit Development), Concept Development Plan, Sun Land West First Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 6, 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 Dam Schmaltz for final approval of an ordinance to amend the Zoning Map by excluding from the A-1 (Limited Development) District and to include within the Sun Land West PUD (Planned Unit Development), Concept Development Plan, Sun Land West First Resubdivision, Grand Forks, ND (located between 6th Avenue North and 10th Avenue North and between North 51st and North 55th Streets), 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.
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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 13 votes affirmative.
Upon call for the question of adoption of the ordinance, and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3432, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF REPLAT OF ENGLISH COULEE CENTER 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 Replat of English Coulee Center Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 6, 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 o 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 Pribula Engineering on behalf of Calvin Marjamaa and others for final approval of a minor replat of English Coulee Center Addition, Block 1, Lots 1 and 2, city of Grand Forks, ND (located at 3065 and 3135 DeMers Avenue), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the attached 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 13 votes affirmative.
Upon call for the question of adoption of the ordinance, and upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Beyer, Klave, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
WITHDRAW ORDNANCE AMENDING 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
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-
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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 continued until 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 any one present who had comments to make on this matter. There were none.
The City Planning and Zoning Commission reported having considered the matter of he 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 withdrawal at the request of the owner.
It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved and that the ordinance be withdrawn from consideration. Carried 13 votes affirmative.
ADOPT ORDINANCE NO. 3433, RELATING TO
SCAVENGING OF RECYCLING MATERIALS PROHIBITED
AND PENALTIES
An ordinance entitled "An ordinance amending Section 13-0415 and adopting Section 13-0416 of the Grand Forks City Code relating to scavenging of recycling materials prohibited and penalties", which had been introduced and passed on its first reading on June 6, 1994, was presented and read for consideration on second reading and final passage.
Ray Dohman, RR #1, McCanna, ND objected to the ordinance, stating that it was not a crime to take from his garbage.
Howard Swanson, city attorney, reviewed ordinance, stating that ordinance does not prohibit anyone from scavenging from garbage.
After discussion it was moved by Council Member Glassheim and seconded by Council Member Geller to amend the ordinance, Section B, to read as follows: It shall be unlawful for any unauthorized person to remove or damage any dumpster, receptacle or container intended for the collection of garbage or recyclable materials. Carried 13 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, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
HOLD PUBLIC HEARING ON CREATION OF DEVELOPMENT
DISTRICT WITHIN THE CITY AND AGREEMENT BETWEEN
THE CITY AND ROADRUNNER INVESTMENTS, LTD. FOR
TAX INCREMENT FINANCING
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The city auditor reported that notice calling for a public hearing to be held before the city council this evening had been published as required, for the purpose of conducting a public hearing on the creation of a development or renewal area within the city, the designation of certain industrial and commercial properties therein and the approval of agreements between the City and Roadrunner Investments with respect to the assistance to be provided by the City to the development of the commercial or industrial properties generally described as Lots 3 through 24, Block 76, Lots 1 through 6 and 11 through 16, Block 77, Lots 1 through 6 and 11 through 16, Block 78, Lots 6 through 9, Block 79, the vacated area between Blocks 78 and 79, between Blocks 76 and 77, the vacated area on the east end of Block 76, the alley separating Lots 3 through 12 from Lots 13 through 24 in Block 76, the alley separating Lots 1 through 6 from Lots 11 through 16 in Block 77, the alley separating Lots 1 through 6 from Lots 11 through 16 in Block 78, Alexander and Ives Addition, in accordance with the North Dakota Urban Renewal Law, North Dakota Century Code, Chapter 40-58, as amended, and that no written protests had been filed with his office.
Mayor Polovitz called for the public hearing. There were no comments and Mayor Polovitz closed the public hearing.
It was moved by Council Member Hoeppner and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest. Carried 13 votes affirmative.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that this matter be referred to the finance committee for further consideration. Carried 13 votes affirmative.
HOLD PUBLIC HEARING ON APPLICATION BY BILLY
BOB'S, INC., 1509 DYKE AVENUE, FOR FIVE-YEAR
PROPERTY TAX EXEMPTION AND GRANT EXEMPTION ON
GRADUATED SCALE
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 by Billy Bob's, Inc., 1509 Dyke Avenue, for a five-year exemption of property tax exemption on a facility to be constructed on Lots 4, 5 and 6, Block 17, Budge & Eshelman's 3rd Addition to the city of Grand Forks, North Dakota, which the applicant will use in the operation of his business, 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 Hamerlik and seconded by Council Member Sande that we do find and determine an insufficiency of protest on the application. Carried 13 votes affirmative.
It was moved by Council Member Klave 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 Sande.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
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ADOPT RESOLUTION VACATING UTILITY EASEMENT
IN LOTS A AND B, REPLAT OF BLOCK 1, RICHARD'S
WEST SUBDIVISION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 20-foot wide north/south utility easement lying 10 feet on each side of the lot line common to Lots A and B, Replat of Block 1, Richard's West Subdivision, the required legal notice had been published calling for a public hearing to be held this evening and further that no protests or grievances had been filed with his office.
Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
It was moved by Council Member Beyer and seconded by Council Member Hoeppner that we do hereby find and determine an insufficiency of protest on the request for vacation. Carried 13 votes affirmative.
Council Member Glassheim introduced the following resolution which was presented and read: Document No. 6285 - Resolution.
It was moved by Council Member Glassheim and seconded by Council Member Sande that this resolution be and is hereby adopted. Carried 13 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON MISCELLANEOUS
DISTRICT NO. 10, PROJECT NO. 4146, PEDESTRIAN
BRIDGE OVER ENGLISH COULEE
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Miscellaneous District No. 10, Project No. 4146, pedestrian bridge over English Coulee, had expired on June 17, 1994, and public hearing had been continued until this evening, and that he had received no written protests.
Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6286 - Resolution.
It was moved by Council Member Babinchak and seconded by Council Member Sande that we do hereby find and determine an insufficiency of protest against Miscellaneous District No. 10, Project No. 4146, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, MISCELLANEOUS PROJECT
NO. 4146, DISTRICT NO. 10
The city auditor presented and read tabulation of bids which had been received and opened on June 27, 1994 for Miscellaneous Project No. 4146, District No. 10, pedestrian bridge and sidewalk across the English Coulee between Johnson's 2nd Addition and Kuster's 3rd Resubdivision, indicating that Innes Construction Company, Inc. was the low bidder based upon their bid in the amount of $34,931.70: Document No. 6287 - Bid Tabulation.
The city engineer's estimate of total cost on Miscellaneous Project No. 4146, District No. 10, in the amount of $ , was presented and read.
Committee No. 3, Public Service, reported having considered the bids for
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Project No. 4146, District No. 10, pedestrian bridge over English Coulee, and recommended to accept the low bid of Innes Construction in the amount of $34,931.70.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 6288 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution awarding the contract for Miscellaneous Project No. 4146, District No. 10, to Innes Construction Company, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 99, PROJECT NO. 4195
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 99, Project No. 4195, street lighting in Johnson's 3rd Addition, had expired on July 15, 1994, and that he had received no written protests.
Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Klave introduced the following resolution as to protests which was presented and read: Document No. 6289 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 99, Project No. 4195, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 100, PROJECT NO. 4232
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 100, Project No. 4232, street lighting on Horizon Circle had expired on July 15, 1994, and that he had received no written protests.
Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Klave introduced the following resolution as to protests which was presented and read: Document No. 6290 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 100, Project No. 4232, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 101, PROJECT NO. 4233
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The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 101, Project No. 4233, street lighting on Dawn Circle had expired on July 15, 1994, and that he had received no written protests.
Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Klave introduced the following resolution as to protests which was presented and read: Document No. 6291 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 101, Project No. 4233, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 102, PROJECT NO. 4234
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 101, Project No. 4234, street lighting on Big Sky Circle had expired on July 15, 1994, and that he had received no written protests.
Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Klave introduced the following resolution as to protests which was presented and read: Document No. 6292 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 102, Project No. 4234, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL COST,
AND AWARD CONTRACT, STREET LIGHTING PROJECT NOS.
4195, 4232, 4233 AND 4234
The city auditor presented and read tabulation of bids which had been received and opened on July 11, 1994 for Street Lighting Project No. 4195, District No. 99, street lighting in Johnson's 3rd Addition; Street Lighting Project No. 4232, District No. 100, street lighting on Horizon Circle; Street Lighting Project No. 4233, District No. 101, street lighting on Dawn Circle; and Street Lighting Project No. 4234, District No. 102, street lighting on Big Sky Circle, indicating that Bergstrom Electric, Inc. was the low bidder based upon their bids in the amounts of $20,570.00 for Project No. 4195, and $1,892.00 each for Projects Nos. 4232, 4233 and 4234: Document No. 6293 - Bid Tabulation.
The city engineer's estimates of total cost on Street Lighting Project No. 4195, District No. 99; Project No. 4232, District No. 100; Project No. 4233, District No. 101; and Project No. 4234, District No. 102, in the amounts of $26,500.00, $2,500.00, $2,500.00 and $2,500.00, respectively, were presented and read.
Committee No. 3, Public Service, reported having considered the bids for Street Lighting Project No. 4233, District No. 101, Dawn Circle; Project No. 4232, District No. 100, Horizon Circle; Project No. 4234, District No. 102,
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Big Sky Circle; and Project No. 4195, District No. 99, Johnson's 3rd Addition, and recommended that we accept the low bid of Bergstrom Electric, Inc. in the
amounts of $1,892.00 each for Projects 4233, 4232 and 4234, and $20,570.00 for Project No. 4195, for a total bid of $26,246.00.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 6294 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this resolution awarding the contract for Street Lighting Project No. 4195, District No. 99; Street Lighting Project No. 4232, District No. 100; Street Lighting Project No. 4233, District No. 101; and Project No. 4234, District No. 102, be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.
REPORTS OF OFFICERS
The city auditor's statement of changes in cash balances as of June 30, 1994, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Glassheim that this report be and is hereby received and filed. Carried 13 votes affirmative.
REPORT OF BOARD OF ZONING ADJUSTMENTS
A communication from the building inspector was presented and read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Thursday, July 14, 1994, that notice had been published as required and that the following appeals were heard: 1) Lynus Sevigny, 1432 Walnut Street, request for variance to accessory building requirement to replace existing garage and Board moved to allow existing garage to be replaced with a variance from 6 ft. to 4 ft. on the side yard, and a variance from 1000 sq.ft. to 1220 sq.ft. on the total accessory building size; 2) Solseng, Ness, Nielsen, 5227 and 5231 Phoenix Court, request for variance to side yard setback requirements and to parking lot requirements to erect an addition to the building, and moved to allow a variance to reduce the rear yard property setback from 20 ft. to 10 ft. and require the parking lot be paved when Phoenix Court is paved; 3) Jeff LaVoi and Charles Polfus, 1215 N. 51st Street, request for variance to parking lot requirements and to landscaping requirements to erect a building, and moved to allow a variance to eliminate hard surface parking for the equipment parking lot to the west of the building, and to require parking for the customers on the north and east sides, including paved access from the frontage road and North 51st Street, and further to allow a variance to the placement of landscaping material on the north side per negotiations with the Planning Department, and to allow a variance to the installation of the paved parking to be finished within three years; 4) RIC, Inc., 2522 Gateway Drive, request for variance to the front yard setback requirements and to landscaping requirements to erect an addition to the building, and moved to allow a front yard setback variance of 7 ft. from 25 ft. to 18 ft. so the addition aligns with the existing building and eliminate buffer yard and curbing from the north and west sides of the lot; 5) Paul Slusar, 1816 1st Avenue North, request for variance to the side yard setback requirements and to the accessory building requirements to erect an addition to the dwelling, and moved to allow a side yard variance from 4'6" to 3'6" for an addition, and to allow a variance to the separation of the proposed addition and existing
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detached garage from 12 ft. to 8 ft.; 6) Raphael Slominski, 630 Maple Avenue, request for variance to the accessory building requirements to erect a garage; and moved to hold this item for one month; 7) Rodney and Patricia Bubach, 905 North 25th Street, request for a variance to the side yard setback requirements to erect an addition to the dwelling, and moved to allow a variance on the side yard of 1 ft. from 6 ft. to 5 ft. so the proposed addition aligns with the existing building; 8) L & L Masonry, Inc., 5598 10th Avenue North, request for a variance to the parking lot requirements, to the landscaping and fence requirements and to the side yard setback requirements to erect an addition to the building, and moved to allow a variance to the side yard from 15 ft. to 10 ft. so the proposed addition aligns with the existing building, and further to allow the delay of the landscaping and acceptance of fencing for separation until city water is available to the lot, and further to allow the delay of paved parking and curbing until 10th Avenue North is paved; 9) Vernon Thingvold, 3201 King Place, request for variance to the landscaping requirements and to the off-street parking requirements to add a parking stall, and moved to allow a variance to parking area to lot line setback from 5 ft. to zero feet for parking area adjacent to the garage.
It was moved by Council member Hagness and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 13 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 94-12, dated July 18, 1994, and totaling $1,248,799.10, 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 Member Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.
APPROVE REPORT ON EXAMINATION OF RECORDS
OF CITY OF GRAND FORKS FOR YEAR ENDED
DECEMBER 31, 1993
Committee No. 1, Finance, reported having considered the matter of the financial report and audit for the City of Grand Forks for year ended December 31, 1993, and recommended that we approve the audit report and approve payment subject to the State Auditor's approval of the report.
It was moved by Council Member Babinchak and seconded by Council Member McCabe that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE APPLICATION FOR EXEMPTION OF
IMPROVEMENTS TO PROPERTY AT 112 NORTH
3RD STREET
Committee No. 1, Finance, reported having considered the matter of application for exemption of improvements to property at 112 North 3rd Street, and recommended that the application be approved.
It was moved by Council Member Babinchak and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 13 votes
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affirmative.
AUTHORIZE PURCHASE OF PROPERTY FROM STATE
Committee No. 1, Finance, reported having considered the matter of purchase of excess right of way on south side of U.S. Highway 2 between North 42nd and 43rd Streets from the North Dakota Department of Transportation, and recommended that we authorize purchase of the excess right of way for $20,500.00 and negotiate terms of the lease with the Convention & Visitors Bureau.
It was moved by Council Member Babinchak and seconded by Council Member McCabe that this recommendation be and is hereby approved.
Architects for the project showed sketches of the proposed site.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
INTRODUCE ORDINANCE AMENDING ANNUAL
APPROPRIATIONS BILL FOR CALENDAR YEAR 1994
(VARIOUS DEPARTMENTS)
Committee No. 1, Finance, reported having considered the matter of budget amendment (various departments - $25,491.00), and recommended that we approve the amendment and introduce ordinance for first reading.
It was moved by Council Member Babinchak and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Hagness introduced an ordinance entitled "An ordinance amending annual appropriations bill for the calendar year 1994" (various departments), which was presented, read and passed on its first reading.
APPROVE REQUEST BY DAV AUXILIARY TO SELL
POSTERS AND FLOWERS ON AUGUST 22-SEPTEMBER 24
Committee No. 2, Public Safety, reported having considered request from DAV Auxiliary No. 2 for permission to sell "forget-me-not" posters and flowers on August 22 to September 24, 1994, and recommended that we grant the request.
It was moved by Council Members Hoeppner and Johnson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE REQUEST BY ND ASSOCIATION FOR DISABLED
TO HOLD ANNUAL RUN THE RED 10K RACE
Committee No. 2, Public Safety, reported having considered the request by North Dakota Association for the Disabled to hold 10th Annual "Run the Red" 10K race and wheelathon on September 11, 1994, and recommended that we approve the request, subject to coordinating the event with the police department.
It was moved by Council Members Hoeppner and Johnson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ADOPT RESOLUTION RECOGNIZING DOMESTIC VIOLENCE
PROGRAM OF WALSH COUNTY AS PUBLIC-SPIRITED ORGANIZATION
ELIGIBLE TO CONDUCT GAMING, AND APPROVE APPLICATION
13636
July 18, 1994
Committee No. 2, Public Safety, reported having considered the application by Domestic Violence Program of Walsh County for site authorization to conduct gaming, and recommended that we adopt a resolution recognizing this organization as a public-spirited organization eligible to conduct games of chance, and to approve the application.
It was moved by Council Member Hoeppner and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Hoeppner introduced the following resolution which was presented and read: Document No. 6295 - Resolution.
It was moved by Council Member Hoeppner and seconded by Council Member Johnson that this resolution be and is hereby approved. Carried 13 votes affirmative.
APPROVE VARIOUS LEASE AGREEMENTS/CONTRACTS WITH
NORTH DAKOTA STATE HEALTH DEPARTMENT FOR PROVIDING
SERVICES
Committee No. 2, Public Safety, reported having considered the matter of contract with the North Dakota State Health Department for MCH (Maternal Child Health) Block Grant in the amount of $86,345.00, and recommended to approve contract for grant.
It was moved by Council Member Hoeppner and seconded by Council Member Johnson that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
Committee No. 2, Public Safety, reported having considered the matter of contracts with the North Dakota State Health Department for a) HIV Counseling/Testing Site, b) Ryan White C.A.R.E. Services, and c) Occupational Health Nurse Program, and recommended that the contracts be approved.
It was moved by Council Member Hoeppner and seconded by Council Member Johnson that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
ACCEPT BID FOR REMOVAL OF UNDERGROUND FUEL
STORAGE TANK AT POLICE BUILDING
Committee No. 2, Public Safety, reported having considered the matter of removal of underground fuel storage tank at the police building, and recommended that we accept the low bid of Valley Electric & Petroleum Equipment in the amount of $11,927.00 plus additional costs for cleanup if soil contaminated.
It was moved by Council Member Hoeppner and seconded by Council Member Johnson that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 13; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE CHANGES IN ALCOHOLIC BEVERAGE LICENSE
HELD BY CHI-CHI'S AND RE-ISSUE LICENSE