Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, September 18, 1995
The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, September 18, 1995 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; absent: Council Members Beach, Hanson, Geller - 3.
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 matter.
POSTPONE INDEFINITELY AN ORDINANCE TO
ANNEX ALL OF PRAIRIE VIEW ESTATES FIRST
ADDITION
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 had been introduced and passed on its first reading on August 7, 1995, was presented and read for consideration on second reading.
The city auditor reported that the notice to the public that this annexation ordinance would be considered this evening had not been published as required.
It was moved by Council Member Johnson and seconded by Council Member Sande that this ordinance be postponed indefinitely. Carried 11 votes affirmative.
ADOPT ORDINANCE NO. 3542, RELATING TO THE
LAND DEVELOPMENT CODE, ZONING, RELATING TO
USES PERMITTED IN B-4 (CENTRAL BUSINESS)
DISTRICT ZONES
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 had been introduced and passed on its first reading on August 7, 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 Jack Wavra, on behalf of Innes Construction, for final approval of an ordinance to amend the Land Development Code pertaining to adding the storage of non-hazardous material as a permitted use in the B-4 (Central Business) District Section 18-0217 (2)(P) and deleting the prohibition of apartment dwelling units on the first floor level as restricted in Section 18-0217 (2) (B), and recommended approval and final passage of the ordinance amending the text of the Land Development Code.
It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 11 votes affirmative.
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Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
ADOPT ORDINANCE NO. 3543, RELATING TO THE
COMPREHENSIVE PLAN, PERTAINING TO THE 1995
GRAND FORKS-EAST GRAND FORKS TRANSPORTATION
PLAN (PEDESTRIAN ELEMENT)
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 had been introduced and passed on its first reading on August 7, 1995, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks-East Grand Forks Pedestrian Advisory Committee for final approval of an ordinance to amend the Comprehensive Plan of the Land Development Code, Section 18-0802(1)(F), by adding the Grand Forks-East Grand Forks Transportation Plan (1995 Pedestrian Element), together with all maps, information and data contained therein, and recommended approval and final passage of the ordinance amending and updating the Pedestrian Element of the Grand Forks Comprehensive Plan.
It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 11 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
ADOPT ORDINANCE NO. 3544, AMENDING ZONING
MAP TO INCLUDE AUDITOR'S RESUBDIVISION NO. 2,
AUDITOR'S RESUBDIVISION NO. 23, PORTIONS OF
VEIT'S ADDITION WITHIN B-4 (CENTRAL BUSINESS)
DISTRICT
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 l; Lots 1, 3, 5, 7 and 9, Block 3, and all of Blocks 2, 5 and 8, Viets' Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 7, 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
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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 Jack Wavra on behalf of Herb Chernick of Michael's Realty, Inc. for final 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, all of Auditor's Resubdivision No. 2 to the city of Grand Forks, ND; all of Auditor's Resubdivision No. 23, Grand Forks, ND; and Lots 5 and 6, block l, Lots 1, 3, 5, 7 and 9, Block 3, and all of Blocks 2, 5 and 8, Viet's Addition to the city of Grand Forks, ND (located between Division Avenue and Minnesota Avenue and between the Red River and South 4th Street; and recommended approval and final passage of the ordinance amending the Zoning Map which was amended also to include Lots 1, 3, 5, 7 and 9, Block 3, Viet's Addition.
It was moved by Council Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirmative.
It was moved by Council Member Sande and seconded by Council Member Babinchak to amend the ordinance to include Lots 1, 3, 5, 7 and 9, Block 3, Viets' Addition. Carried 11 votes affirmative.
Upon call for the question of adoption of this ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
CONTINUE SECOND READING OF AN ORDINANCE
RELATING TO WASTEWATER DISPOSAL TO
OCTOBER 16, 1995
An ordinance entitled "An ordinance amending Article II of Chapter XV of the Grand Forks City Code relating to wastewater disposal", which had been introduced and passed on its first reading on April 3, 1995, and which had been continued until this evening, was presented and read for consideration on second reading.
It was moved by Council Member Babinchak and seconded by Council Member Hoeppner to postpone second reading of the ordinance to October 16, 1995. Carried 11 votes affirmative.
ADOPT ORDINANCE NO. 3545, AMENDING CHAPTER
VIII OF THE CODE RELATING TO TRAFFIC AND
MOTOR VEHICLES
An ordinance entitled "An ordinance amending Chapter VIII of the Grand Forks City Code relating to traffic and motor vehicles", which had been introduced and passed on its first reading on September 5, 1995, was presented and read for consideration on second reading and final passage.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
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ADOPT ORDINANCE NO. 3546, AMENDING CHAPTER
IX OF THE GRAND FORKS CITY CODE RELATING TO
OFFENSES AND MISCELLANEOUS PROVISIONS
An ordinance entitled "An ordinance amending Chapter IX of the Grand Forks City Code relating to offenses and miscellaneous provisions", which had been introduced and passed on its first reading on September 5, 1995, was presented and read for consideration on second reading and final passage.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
ADOPT ORDINANCE NO. 3547, AMENDING ARTICLE
1 OF CHAPTER XX OF THE CODE RE. AVIATION AND
REGIONAL AIRPORT
An ordinance entitled "An ordinance amending and re-enacting Article 1 of Chapter XX of the Grand Forks City Code relating to aviation and the regional airport", which had been introduced and passed on its first reading on September 5, 1995, was presented and read for consideration on second reading and final passage.
Mr. Swanson, city attorney, reported that there were a number of grammatical and typographical errors which have been cleaned up, that there is one change that should be incorporated, that the text in Section 20-0115 has been split into two separate subdivisions, but made no substantive changes as to the effect of that, but requested that the ordnance be amended to show those changes. It was moved by Council Member Hoeppner and seconded by Council Member Sande that the introduced ordinance be so amended. Carried 11 votes affirmative.
Upon call for the question of adoption of this ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 4255, DISTRICT NO. 531
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving Project No. 4255, District No. 531, paving in 2000, 2100 and 2200 blocks of 26th Avenue South, and 2600 block South 21st Street, had expired on September 15, 1995, 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. 6621 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hoeppner that we do hereby find and determine an insufficiency of protest against Paving District No. 531, Project No. 4255, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 11 votes affirmative.
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RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO. 4255,
DISTRICT NO. 531
The city auditor presented and read tabulation of bids which had been received and opened on September 11, 1995 for Paving Project No. 4255, District No. 531, paving 26th Avenue South from South 20th Street to South 23rd Street, and South 21st Street from 26th Avenue South to 27th Avenue South, indicating that Nodak Contracting was the low bidder based upon their bid in the amount of $165,584.50: Document No. 6622 - Bid Tabulation.
The city engineer's estimate of total cost on Paving Project No. 4255, District No. 531, in the amount of $211,000, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4255, District No. 531, paving 26th Avenue South and South 21st Street, and recommended that we accept the low bid of Nodak Contracting in the amount of $165,584.50.
It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 11 votes affirmative.
Council Member Beyer introduced the following resolution which was presented and read: Document No. 6623 - Resolution.
It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this resolution awarding the contract for Paving Project No. 4255, District No. 531, to Nodak Contracting be and is hereby adopted. Upon roll call the following voted "aye": Council Member McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the resolution adopted and the contract awarded.
REPORTS OF OFFICERS
The city auditor's report on investment activities for the period ending August 31, 1995, was presented and read. It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this report be and is hereby received and filed. Carried 11 votes affirmative.
The city auditor's statement of changes in cash balances as of August 31, 1995, was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Hamerlik that this report be and is hereby received and filed. Carried 11 votes affirmative.
REPORT OF BOARD OF ADJUSTMENTS
A communication from Bruce Melin, secretary, Board of Zoning Adjustments, was presented and read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Thursday, August 24, 1995, that notice had been published as required and that the following appeals were heard: 1) Ronald and Faye Gibbens, 3502 14th Avenue South, request for variance to the accessory building requirements to erect a garage, with motion approved allowing the attached garage to exceed the allowed 1,000 sq.ft. by 300 sq. ft. to permit an inside handicapped ramp; 2) Arch Simonson, 203 Park Avenue, request for variance to the accessory building requirements to erect an addition to the garage, with motion approved to allow the placement of a new garage where the old garage was 6" from the alley and 6" from the property line (new garage 6' larger than the old garage); 3) Robert Bykonen, 901 Belmont Road, request for variance to the second front yard setback
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requirements to erect a garage, with motion approved to construct a garage and to reduce the second front yard from 12 1/2 ft. to 5 ft., which will produce a greater yard than the present garage and saves some old trees; 4) Richard Swangler, 724 South 18th Street, request for variance to the accessory building requirements and to the impervious surface area requirements to erect a garage, with motion approved to deny the variance; 5) Nicolas Garcia (agent: Steven L. Adams), 2797 South 36th Street, request for variance to the accessory building requirements to erect a garage, with motion to allow the total sq. ft. of garage and utility shed to exceed the allowed 1,000 sq. ft. by 80 sq.ft.
It was moved by Council Member Beyer and seconded by Council Member Klave to receive and file. Carried 11 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 95-16, dated September 18, 1995, and totaling $1,347,118.19, 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 Hoeppner and seconded by Council Member Hamerlik 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 McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.
ADOPT CAPITAL IMPROVEMENT PLAN FOR 1996-2001
The Capital Improvements Committee reported having considered the matter of approval of the capital improvement program projects for inclusion in the 1996-2001 capital improvement plan, and recommended approval of the capital improvement program projects, subject to any changes, for inclusion in the 1996-2001 capital improvement plan.
It was moved by Council Hoeppner and seconded by Council Member Babinchak that this recommendation be and is hereby approved.
Council Member Sande stated that in the 6-year capital improvements plan there is proposal to do DeMers Avenue from 8th Street to the Sorlie Bridge, and also to do South 5th Street between DeMers and Belmont; that is two major projects downtown, plus these are two major roads and there is no funding for Minnesota/4th Avenue South project which was negotiated with the Central Neighborhood Assn. and the Near Southside Neighborhood Assn. with under-standing this would be done during 1999 or the year 2000. She stated that she brings this up because there's a proposal from city engineer to do an asphalt overlay in this area which is what citizens did not want to happen, and he is proposing to postpone to the year 2004; and strongly urged council to consider whether want major disruption in year 2000 in the downtown area and rather have 4th/Minnesota as one of those projects, and postpone South 5th Street project for one year. She moved to amend CIP Plan by striking the CDB pavement on South 5th Street between DeMers and Belmont in year 2000, and substitute 4th Avenue South/Minnesota reconstruction. The motion was seconded by Council Member Beyer.
Council Member Carpenter stated that intent with doing asphalt overlay first was so that something could be done now versus five years from now so that street doesn't continue to deteriorate, that overlay last about ten years, and would fit in with year 2004. Council Member Sande stated that neighborhoods do not want overlay, would rather see reconstruction project done earlier.
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Ken Vein, city engineer, stated they do not know how much money available in the year 2000, but have projected next six years based on recent past; that they discussed at CIP meeting, but problem is that they are limited with federal aid urban monies that are the 80% match to do all the streets they want to do; that what was presented to the CiP was to wait until 2004 to do Minnesota/4th and get most out of the street, to do overlay of those sections that aren't on the National or State Historic Register; were looking to get downtown streets done first and then Minnesota/4th Ave.
Upon call for the question on the amendment, and upon roll call vote, the following voted "aye": Council Members Sande, Babinchak - 2; voting "nay": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Klave, Beyer, Johnson, Hagness - 9. Mayor Polovitz declared that the amendment failed, and closed the public hearing.
Upon call for the original motion and upon voice vote, the motion carried 11 votes affirmative.
ADOPT FINAL BUDGET FOR 1996
The city auditor reported that a notice calling the attention of the general public to the fact that the final budget of the City of Grand Forks, North Dakota, for the year ending December 31, 1996, would be presented to the city council on Monday, September 18, 1995 at 7:30 o'clock p.m. at which time anyone interested might be heard, had been published as required; and presented the final budget of the City of Grand Forks for the year beginning January 1, 1996 and ending December 31, 1996.
Mayor Polovitz asked for comments from the audience. There were no comments and Mayor Polovitz closed the public hearing.
Council Member Beyer introduced the following resolution adopting the budget for 1996 (Annual Appropriation Bill and Tax Levy): Document No. 6624 - Resolution.
It was moved by Council Member Hoeppner and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the budget adopted.
ADOPT RESOLUTION RE. INVESTMENT OF FUNDS
BY THE CITY OF GRAND FORKS
Committee No. 1, Finance, reported having considered the matter of resolution authorizing investment of City funds and establishing of account with Paine Webber, and recommended that we adopt a resolution authorizing investment of City funds and establishing account with Paine Webber.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 11 votes affirmative.
Council Member Babinchak introduced the following resolution which was presented and read: Document No. 6625 - Resolution
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this resolution be and is hereby adopted. Carried 11 votes affirmative.
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DENY APPLICATION FOR ABATEMENT AND
SETTLEMENT OF 1994 TAXES ON PROPERTY AT
4568 BELMONT ROAD
Committee No. 1, Finance, reported having considered the matter of 1994 abatement for George and Elizabeth Staveteig, 4568 Belmont Road (Lot 38, Block 1, Sunbeam 3rd Addition), and recommended to deny the application.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 11 votes affirmative.
ACCEPT BID FOR COMPUTER EQUIPMENT FOR
POLICE DEPARTMENT
Committee No. 1, Finance, reported having considered the matter of awarding of bids for police department advanced series 36 computer, and recommended that we award bid to Systems Consulting, Inc. in the amount of $13,500.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.
ADOPT PER DIEM RATES
Committee No. 1, Finance, reported having considered the matter of new per diem rate, and recommended changing the per diem rate for in-state to State guidelines with the exception of actual lodging versus the State rate (in-state: first quarter - 6AM to 12PM, $4.00; second quarter - 12PM to 6PM, $6.00 and third quarter - 6PM to 12AM, $10.00, for a total of $20.00, plus actual lodging), that the out-of-state per diem remain the same, and that the policy be effective October 1, 1995.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved.
After some discussion it was moved by Council Member Hamerlik to amend the motion to delete "plus actual lodging" and to add lodging at State rates; the motion died for lack of a second.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE REQUEST TO HOLD SECOND ANNUAL
SHARON LAMBETH MEMORIAL WALK/RUN FOR BREAST
CANCER AWARENESS 1995 ON SEPTEMBER 30
Committee No. 2, Public Safety, reported having considered the matter of request from Student Branch of American Medical Women's Association to hold 2nd Annual Sharon Lambeth Memorial Walk/Run for Breast Cancer Awareness September 30, 1995, and recommended approval of the request, subject to coordinating with the police department and signing of an indemnity and hold harmless agreement.
It was moved by Council Member Hoeppner and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 11 votes affirmative.
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APPROVE REQUEST FROM AMERICAN HEART ASSOCIATION
TO HOLD HEART WALK OCTOBER 1, 1995
Committee No. 2, Public Safety, reported having considered request from American Heart Association to hold Heart Walk October 1, 1995, and recommended approval of the request.
It was moved by Council Member Hoeppner and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 11 votes affirmative.
APPROVE SPECIAL ALCOHOLIC BEVERAGE PERMITS
FOR SOUTHGATE OFF-SALE & LOUNGE
Committee No. 2, Public Safety, reported having considered the applications by Southgate Off-Sale & Lounge for special alcoholic beverage permits: September 29, 1995 at 121 North 5th Street for Central Boosters party, and September 23, 1995 at 121 North 5th Street for wedding reception and dance, and recommended approval of the applications.
It was moved by Council Member Hoeppner and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 11 votes affirmative.
APPROVE BUDGET AMENDMENT
A request for budget amendment to the health department budget (MCH) to reflect increase in grant for state fiscal year 1995-96 in the amount of $8,675.00 was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Johnson that this amendment be and is hereby approved. Carried 11 votes affirmative.
AUTHORIZE LETTER OF SUPPORT FOR APPLICATION
BY DAKOTA ATHLETICS FOR SIMULCAST PARIMUTUEL
RACING
Committee No. 2, Public Safety, reported having considered the matter of request from Dakota Athletic Club to hold parimutuel simulcast horseracing, and recommended that we send letter of support to the State Racing Commission for Dakota Athletic Club to conduct parimutuel betting.
It was moved by Council Member Hoeppner and seconded by Council Member Johnson that this recommendation be and is hereby approved.
After some discussion Mr. Swanson stated that last spring he had advised council they need not fight battles of Attorney General or Racing Commission, and advised that whatever occurs at Racing Commission is for them to determine, and whatever action council takes should be based upon this application, not on application of prior group; they have ability to give letter of support or non-support, and his recommendation would be to take action and not delay. He stated he reviewed application, they are an appropriate group to conduct the operation pending final approval by the Racing Commission.
Ted Maragos, attorney representing Dakota Athletic Club, appeared before the council and stated they had opposed previous application by another group because Dakota Athletic Club was not permitted to apply, that they are now permitted to apply, and that they will not oppose anyone else coming in.
Upon call for the question and upon voice vote, the motion carried 10 votes
affirmative; Council Member Beyer voted against the motion.
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September 18, 1995
APPROVE EXTENDED DRIVEWAY AT 4212 GATEWAY
DRIVE
Committee No. 3, Public Service, reported having considered the matter of extended driveway opening for 4212 Gateway Drive (to access portion of the lot on North 42nd Street) and recommended to grant exception and that the City pay cost to install driveway out of Highway Users' Fund.
It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE ROAD IMPROVEMENTS AND ADDITIONAL R/W
FOR 16TH AVENUE NORTH (AT N. 42ND STREET)
Committee No. 3, Public Service, reported having considered the matter of road improvements and additional right of way for 16th Avenue North (north and adjacent to the west side of North 42nd Street), and recommended to authorize Planning staff to pursue acquisition of additional 40 ft. right of way.
It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirmative.
Committee No. 3, Public Service, reported having considered the matter of road improvements and additional right of way for 16th Avenue North, and recommended to continue graveling on the 40 ft. width to access property.
It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirmative.
APPROVE VARIOUS EASEMENTS
Committee No. 3, Public Service, reported having considered the matter of utility easement (permanent) and construction easement (temporary) for Sanitary Sewer Project No. 4364 at 6th Avenue North between North 51st and North 55th Streets, for and in consideration of the sum of $550.00, and other good and valuable considerations (including conditions pertaining to fencing and sidewalk), Jerry E. and Sherri Lee Johnson, grantor, and recommended approval of the easements as negotiated.
It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.
Committee No. 3, Public Service, reported having considered the matter of permanent utility easement for Sanitary Sewer Project No. 4364 located at 6th Avenue North between North 51st and 55th Streets, for and in consideration of the sum of $1.00, and other good and valuable considerations (including conditions pertaining to fencing and sidewalks), Van Raden Properties, Inc., grantor, and recommended approval of the easement.
It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the
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following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.
AUTHORIZE PURCHASE OF PROPERTY AT 601 SOUTH
4TH STREET FOR FUTURE WATER PLANT EXPANSION
Committee No. 3, Public Service, reported having considered the matter of appraisal report for land acquisition for possible future water plant expansion at 601 South 4th Street for and in consideration of $50,500 (estimated market value per report), or $52,800 (true and full value as per city assessing department), Edward C. and Georgia G. Paukert, grantor, and recommended to authorize purchase of the property at the City's appraised valuation, $52,800.
It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried.
ADOPT POLICY FOR DETERMINING RECYCLING SPACE
REQUIREMENTS
Committee No. 3, Public Service, reported having considered the matter of report on recycling space requirements for commercial, industrial and multi-family developments, and recommended adoption of the report (recycling guidelines) from the planning department.
It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 11 votes affirmative.
AWARD CONTRACT FOR PAVING PROJECT NO. 4367,
ADDITION TO SENIOR CITIZENS' PARKING LOT
Committee No. 3, Public Service, reported having considered the bids for Project No. 4367, paving Senior Citizens' Center parking lot, and recommended that we accept the low bid of Valley Contracting Company in the amount of $21,097.80.
It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the contract awarded.
APPROVE AMENDMENT TO BUDGET FOR THIRD
STREET CLINIC PROJECT
Committee No. 4, Urban Development, reported having considered the matter of amendment request from Third Street Clinic, and recommended to approve line item changes in budget as follows: $1,695.00 for contractual services to input data into system, $244.76 for purchase of supplies, and $600.00 for training of employees, in lieu of the $6,500 for pharmacology software package.
It was moved by Council Member Glassheim and seconded by Council Member McCabe that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting
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"nay": none. Mayor Polovitz declared the motion carried.
AUTHORIZE BIDS FOR DEMOLITION OF HOUSE AT
613 8TH AVENUE SOUTH
Committee No. 4, Urban Development, reported having considered the matter of demolition of the house at 613 8th Avenue South, and recommended to proceed to accept bids for demolition of the house.
It was moved by Council Member Glassheim and seconded by Council Member McCabe that this recommendation be and is hereby approved. Carried 11 votes affirmative.
INTRODUCE ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF SUNSET ACRES
3RD ADDITION
The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of A & R Warehousing for final approval of a minor subdivision plat being a Replat of Lots A and B, Block 6 of a Replat of Lot 1 of the Replat of Block 6 of Sunset Acres Third Addition to the city of Grand Forks, ND (located in the northeast corner of South Washington Street and 32nd Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy; to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for October 16, 1995, including the approval and final passage thereof; and approval of variances to the subdivision regulations relating to right of way dedication in a minor subdivision plat and the reduction of minimum radius required for cul-de-sacs.
It was moved by Council Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirmative.
Council Member Hoeppner introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Sunset Acres 3rd Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
APPROVE MINOR SUBDIVISION PLAT, REPLAT OF
LOTS B, C, D, E AND F, BLOCK 1 OF REPLAT OF
LOT 1, BLOCK 1, INDUSTRIAL SUBDIVISION NO. 2
The Planning and Zoning Commission reported having considered the matter of request from Advanced Engineering on behalf of the Grand Forks Development Foundation for final approval of a minor subdivision plat, being a Replat of Lots B, C, D, E and F, Block 1 of a Replat of Lot 1, Block 1, Industrial Subdivision No. 2 to the city of Grand Forks, ND (located between 11th Avenue South (extended) and 13th Avenue South and between South 46th Street and South 48th Street), and recommended final approval subject to special conditions shown on or attached to the review copy.
It was moved by Council Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirmative.
INTRODUCE ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF AUDITOR'S SUBDIVISION NO. 27
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The Planning and Zoning Commission reported having considered the matter of the request from city auditor for preliminary approval of the plat of Auditor's Subdivision No. 27 to the city of Grand Forks, North Dakota, being a portion of the SE-1/4 SE-1/4 of Section 31, Township 152 North, Range 50 West (located north of Gateway Drive between North 42nd Street and I-29), and recommended preliminary approval subject to special conditions shown on or attached to the review copy; to introduce the ordinance amending the Street and Highway Plan and to set the date of the public hearing for October 16, 1995.
It was moved by Council Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 11 votes affirmative.