Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, March 18, 1996
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, March 18, 1996 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, Hagness - 10; absent: Council Members Beach, Geller - 2.
Mayor Polovitz announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter.
COUNCIL MEMBER HANSON REPORTED PRESENT
REPORTS OF OFFICERS - OFFICE OF URBAN
DEVELOPMENT
John O'Leary, executive director, Office of Urban Development, presented annual report on the Community Development and Housing Authority programs and projects for 1995, and briefly reviewed various programs administered through the office of urban development: Housing Authority capital rehab projects; summer youth employment, family self-sufficiency; youth center programs; affordable housing; flood relief program; Richard's West flood mitigation; Growth Fund; and 1996 programs: continuation of affordable housing and youth center programs, self-sufficiency program, relocation of office of urban development, administration of additional housing certificates and vouchers, expansion of first time homeowners program, and expansion of Industrial Park, etc.
APPROVE MINUTES FEBRUARY 20 AND MARCH 5,
1996
Typewritten copies of the minutes of the adjourned meeting of the city council held on February 20 and of the regular meeting held on March 5, 1996, were presented and read. It was moved by Council Member Hagness and seconded by Council Member Sande that these minutes be approved as read. Carried 11 votes affirmative.
POSTPONE INDEFINITELY PUBLIC HEARING AND
SECOND READING OF ORDINANCE TO AMEND ZONING
MAP TO INCLUDE WITHIN CENTENNIAL ESTATES PUD
ALL OF SUN LAND WEST FIRST RESUBDIVISION AND
ALL OF SUN LAND WEST SECOND RESUBDIVISION
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the Sun Land West PUD (Planned Unit Development), Concept Development Plan and to include within Centennial Estates PUD (Planned Unit Development), Concept Development Plan, all of Sun Land West First Resubdivision and all of Sun Land West Second Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on January 16, 1996, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.
The Planning and Zoning Commission reported having considered the matter of the request from Dan Schmaltz on behalf of Sun Land West L.L.C. for final approval of an ordinance to amend the Zoning Map to exclude from Sun Land West PUD (Planned Unit Development), Concept Development Plan and to include within Centennial Estates PUD (Planned Unit Development) Concept Development Plan,
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all of Sun Land West First Resubdivision and all of Sun Land West Second Resubdivision to the city of Grand Forks, North Dakota, including vacated streets therein (located between 6th Avenue and 10th Avenue North and between North 51st and North 55th Streets), and recommended indefinite postponement.
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.
SUSPEND RULES AND CONSIDER AGENDA ITEMS
OUT OF ORDER
Council Member McCabe moved to suspend rules and to consider items 4-1 and 7-27 on the agenda out of order (both items relate to the proposed Centennial Estates PUD for Sun Land West First Resubdivision and Sun Land West Second Resubdivision); the motion was seconded by Council Member Beyer. Carried 11 votes affirmative.
POSTPONE INDEFINITELY PUBLIC HEARING ON
PETITION TO VACATE 7TH AVENUE NORTH AND SUN
LAND WEST AVENUE AS PLATTED WITHIN SUN LAND
WEST FIRST AND SECOND RESUBDIVISIONS, AND REQUEST
FOR FINAL APPROVAL OF CENTENNIAL ESTATES PUD,
DETAILED DEVELOPMENT PLAN, MOBILE HOME RESIDENCE
It was moved by Council Member McCabe and seconded by Council Member Hagness to table the items on the agenda relating to proposed Centennial Estates PUD; Item 4-1 public hearing on the petition to vacate all of 7th Avenue North and all of Sun Land West Avenue as platted within Sun Land West First Resub- division and Sun Land West 2nd Resubdivision; and Item 7-27 request for final approval of Centennial Estates PUD, Detailed Development Plan, Mobile Home Residence, Lots 14-27, Block 1 and Lots 1-13, Block 2, Sun Land West First Resubdivision, including vacated 7th Avenue North and Lots 1-19, Block 1 and Lots 1-11, Block 2, Sun Land West Second Resubdivision.
Paul Anderson, 501 North 51st Street, asked for clarification on tabling of the items. Mr. Swanson stated that all they are tabling is the item before them (second reading of ordinance, public hearing on vacation, etc.); and that the developer has requested this be tabled and that is within his prerogative, and this body wouldn't have opportunity to act on the substantive request. Mr. Bushfield, city planner, reported that he had talked with the developer, Mr. Danks, today and they intend to pull their request in its entirety and they will start over again.
COUNCIL MEMBER JOHNSON REPORTED PRESENT
Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.
A petition from property owners asking the city council to maintain the current zoning as established July 1995 for the Sunland West/Centennial Estates Subdivision, and opposing any plan to rezone this area to an R-5 (mobile home park) designation, was presented to the council. It was moved by Council Member Hagness and seconded by Council Member Beyer to accept the petition. Carried 12 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
LOT 14, BLOCK A, COLUMBIA PARK 15TH ADDITION
WITHIN COLUMBIA PARK PUD, CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 8, TO APRIL 15
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An ordinance entitled "An ordinance to amend the Zoning Map of the city of grand Forks, North Dakota to rezone and exclude from Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 7, and to include within Columbia Park PUD, Concept Development Plan, Amendment No. 8, with all substantive changes lying within Lot 14, Block A, Columbia Park 15th Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 20, 1996, 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 request from Steven L. Adams on behalf of Arthur Greenberg, Jr. for final approval of an ordinance to amend the Zoning Map to exclude from Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 7, and to include within the Columbia Park PUD, Concept Development Plan, Amendment No. 8, Lot 14, Block A, Columbia Park 15th Addition to the city of Grand Forks, ND (located in the northwest corner of South 34th Street and 30th Avenue South), and recommended tabling the request and extending the date of the public hearing to April 15, 1996.
It was moved by Council Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved, and that the public hearing and second reading of the ordinance be postponed to April 15.
Carried 12 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING
OF THE ORDINANCE TO AMEND THE STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF MAIER'S THIRD ADDN.
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 Maier's Third Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 20, 1996, and upon which public hearing had been scheduled for this evening, was presented and read.
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 non.
The Planning and Zoning Commission reported having considered the matter of the request from Dick Olson on behalf of the Grand Forks Growth Fund for final approval of the plat of Maier's Third Addition to the city of Grand Forks, ND, lying in the Southwest Quarter of Section 7, T151N, R50W, 5th Principal Meridian (located between 12th Avenue South and 15th Avenue South and between South 48th Street and South 52nd Street), and recommended tabling the request and extending the date of the public hearing to April 15, 1996.
It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved, and that the
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public hearing and second reading of the ordinance be postponed to April 15. Carried 12 votes affirmative.
ADOPT ORDINANCE NO. 3571, AMENDING ZONING MAP
TO INCLUDE WITHIN INDUSTRIAL 2ND PUD, CONCEPT
DEVELOPMENT PLAN, ALL OF SW QUARTER OF SECTION
7, T151N, R50W OF 5TH P.M.
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from Industrial PUD (Planned Unit Development), Concept Development Plan, from I-2 (Heavy Industrial) District and from A-1 (Limited Development) District, and to include within Industrial 2nd PUD (Planned Unit Development), Concept Development Plan, all of the Southwest Quarter of Section 7, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota (includes Maier's 1st and 2nd Additions, proposed Maier's 3rd Addition and Northern States Power Substation Tract)", which had been introduced and passed on its first reading on February 20, 1996 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 Dick Olson on behalf of the Grand Forks Growth Fund for final approval of an ordinance to amend the Zoning Map to exclude from Industrial PUD (Planned Unit Development) District, from I-2 (Heavy Industrial) District and from A-1 (Limited Development) District and to include within Industrial 2nd PUD (Planned Unit Development) District, Concept Development Plan, all of the Southwest Quarter of Section 7, Township 151 North, Range 50 West of the 5th Principal Meridian which included Maier's 1st Addition, Maier's 2nd Addition, proposed Maier's 3rd Addition and the Northern States Power Substation Tract (located between 11th Avenue South and 17th Avenue South and between South 48th Street and 55th Street extended (Burlington Northern Railroad Right of Way); and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Zoning Map.
It was moved by Council Member Glassheim and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 3572
AMENDING THE STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W DEDICATED ON THE PLAT OF N.S.P. AND
PILLSBURY INDUSTRIAL PARK 2ND RESUBDIVISION
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 N.S.P. and Pillsbury Industrial Park 2nd Resubdivision, being a Replat of Lot 1, Block 1, N.S.P. and Pillsbury
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Industrial Park Resubdivision and including an unplatted tract of land lying in the Southwest Quarter of Section 28, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks County, North Dakota", which had been introduced and passed on its first reading March 4, 1996, 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 the Grand Forks City Engineering Department on behalf of Gibbs Investments and Northern States Power Company (known as N.S.P.), a corporation of the State of Minnesota, for preliminary approval (fast track) and final approval of the plat of N.S.P. and Pillsbury Industrial Park 2nd Resubdivision, Grand Forks, North Dakota, being a Replat of Lot 1, Block 1, N.S.P. and Pillsbury Industrial Park Resubdivision and including an unplatted tract of land lying in the Southwest Quarter of Section 28, Township 152 North, Range 50 West of the 5th Principal Meridian, Grand Forks County, North Dakota (located at the crossing of Mill Road and the English Coulee) and including a variance to the subdivision regulations relating to the definition of a minor subdivision being one having no dedication of public roadway; and recommended final approval subject to special conditions shown on or attached to the review copy; passage of the ordinance amending the Street and Highway Map and approval to variance to the subdivision regulations as requested.
It was moved by Council Member Hagness and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.
REFER CONSENT AGENDA ITEMS TO COMMITTEE
It was moved by Council Member Hoeppner and seconded by Council Member Hanson that the consent agenda items be referred to committee as noted for consideration. Carried 12 votes affirmative.
Public Safety Committee:
1) matter of adoption of 1994 Uniform Fire Code and supplement.
2) matter of gang suppression unit funding.
3) matter of implementation of Ralph Andersen police department study and funding.
COUNCIL MEMBER McCABE EXCUSED
REPORT OF BOARD OF ZONING ADJUSTMENTS
A communication from Bev Collings, 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, February 29, 1996, that the notice had been published as required and that the following appeals were heard: 1)
Lloyd and Shirley Welsh, 1710 North 7th Street, request for variance to the front yard, rear yard and side yard setback requirements, parking require-
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ments, and buffer yard requirements to erect an apartment building, which request was denied; 2) Daniel Romuld, 627 4th Avenue South, request for variance to convert a single-family home to a duplex in an R-4 Zone on a non-
conforming lot of record and for a variance to the side yard setback require- ments to erect parking spaces, which request was granted, allowing a duplex on a lot of record of 3500 sq.ft. in an R-4 zoning district and allowing for a three ft., six inch side yard setback to construct off street parking; and 3) Richard Nelson, 1242 South 9th Street, request for variance to the second front yard setback and the residential accessory buildings requirements to erect a garage, which request was approved to allow a second front yard setback of three feet to construct a detached garage.
It was moved by Council Member Hoeppner and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 11 votes affirmative.
APPROVE BILL LISTING
Vendor Payment Listing No. 96-04, dated March 18, 1996, and totaling $827,434.44, 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 Babinchak 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 Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the fills ordered paid.
COUNCIL MEMBER McCABE REPORTED BACK
ACCEPT OFFERS TO PURCHASE CITY LOTS
Committee No. 1, Finance, reported having considered the matter of sale of city lot, and recommended that we accept the offer of Tracy Doe (Gentry Corporation) in the amount of $22,000.00 for Lots 1, 2 and 3, Block 1, Medvue Estates 6th Resubdivision with the following conditions: property to be conveyed by special warranty deed, City to special assess all costs associated with water and sewer projects, closing date to be June 1, 1996, and all taxes and special assessments to be pro-rated to date of closing.
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, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
Committee No. 1, Finance, reported having considered the offer from Gordon Holtan to purchase Lots 1 and 2, Block 1, Auditor's Subdivision No. 27, and recommended that we accept the bid of thirty cents ($0.30) per sq. ft.
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, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE APPLICATION FOR ABATEMENT OF TAXES
ON PROPERTY AT 812 SOUTH 10TH STREET
Committee No. 1, Finance, reported having considered the application for abatement of taxes by Carter Passa, 812 South 10th Street, and recommended to
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approve the application and to reduce the valuation of the property from $28,900 to $18,000.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved, and further that the findings, conclusion and recommendations as prepared by the city attorney be adopted. Carried 12 votes affirmative.
APPROVE APPLICATIONS FOR EXEMPTION OF
IMPROVEMENTS TO COMMERCIAL PROPERTY
Committee No. 1, Finance, reported having considered the applications for exemption of improvements to commercial property: a) Residual Materials, Inc., 222 Red Dot Place, and b) Popplers Music Store, 123 DeMers Avenue; and recommended to approve the applications as presented.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirmative.
MOVE TO RETAIL CURRENT LIMITS OF LIABILITY
INSURANCE COVERAGE
Committee No. 1, Finance, reported having considered the matter of proposal to increase liability insurance coverage from $1 million to $2 million, and recommended to retain current limits of coverage.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirmative.
ADOPT RESOLUTION AMENDING HOME RULE
CHARTER RELATIVE TO IMPOSING A USE TAX
Committee No. 1, Finance, reported having reviewed documents relative to amendment to Home Rule Charter re. use tax, and recommended to adopt the resolution (amending Home Rule Charter to impose a use tax) and approving Home Rule Charter amendment ballot.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Babinchak introduced the following resolution which was presented and read: Document No. 6678 - Resolution.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the resolution adopted.
APPROVE 1995 GRANT APPLICATION FROM NORTH
DAKOTA STATE HISTORICAL SOCIETY
Committee No. 1, Finance, reported having considered the matter of 1995 grant from the North Dakota State Historical Society, and recommended to approve grant application and to authorize proper City officials to sign said application.
It was moved by Council Member Babinchak and seconded by Council Member
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Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE PLEDGE POOL AGREEMENT WITH FIRST
NATIONAL BANK GRAND FORKS
Committee No. 1, Finance, reported having considered the matter of pledge pool agreement with First National Bank Grand Forks, and recommended to authorize proper City officials to enter into the pool pledge agreement, subject to review and approval of the agreement by the city attorney.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE REQUEST BY MARCH OF DIMES TO HOLD
WALKAMERICA ON APRIL 27
Committee No. 2, Public Safety, reported having considered the request by March of Dimes to hold WalkAmerica on April 27, 1996, and recommended to grant the request subject to coordinating the walk with the police department.
It was moved by Council Member Johnson and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE REQUEST BY PRAISE GOD PARADE
PLANNING COMMISSION TO HOLD PARADE JUNE 2
Committee No. 2, Public Safety, reported having considered the request from Praise God Parade Planning Committee to hold parade on June 2, 1996, and recommended to grant the request for June 2, with alternate date of June 9.
It was moved by Council Member Johnson and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE 15-MINUTE PARKING ON SOUTH SIDE
OF BRUCE AVENUE FROM SOUTH 4TH STREET EAST
TO THE ALLEYWAY
Committee No. 2, Public Safety, reported having considered the request by Grand Forks County for 15-minute parking on the south side of Bruce Avenue (300 block) from South 4th Street east to the alleyway, and recommended to approve the request for 15-minute parking in front of County Office building.
It was moved by Council Member Johnson and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.
ACCEPT BID FOR POLICE VEHICLE
Committee No. 2, Public Safety, reported having considered the bids for pickup truck for police department, and recommended to accept the low bid of Rydell Chevrolet in the amount of $11,391.00.
It was moved by Council Member Johnson and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
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APPROVE VARIOUS HEALTH DEPARTMENT AGREEMENTS
Committee No. 2, Public Safety, reported having considered the agreement with the North Dakota State Department of Health, Tuberculosis Control Activities Grant Amendment, and recommended to approve and authorize proper City officials to sign said agreement.
it was moved by Council Member Johnson and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Committee No. 2, Public Safety, reported having considered the agreement with the University of North Dakota, 1996 UND Dietetics Affiliation agreement, and recommended to authorize the proper City officials to enter into the agreement subject to final approval by the city attorney.
It was moved by Council Member Johnson and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Committee No. 2, Public Safety, reported having considered the agreement with Bemidji State University, Nursing Student Agreement, and recommended to authorize the proper City officials to enter into the agreement, subject to final approval by the city attorney.
It was moved by Council Member Johnson and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.
ADOPT RESOLUTION RECOGNIZING PROFESSIONAL
NURSE COMMITTEE/UNITED HOSPITAL AS PUBLIC-
SPIRITED ORGANIZATION, AND APPROVE APPLICATION
FOR PERMIT
Committee No. 2, Public Safety, reported having considered the application for gaming permit by Professional Nurse Committee/United Hospital for raffle on May 9, 1996, and recommended that we adopt a resolution recognizing the Professional Nurse Committee/United Hospital as a public-spirited organization eligible to conduct games of chance, and to approve the application for permit.
It was moved by Council Member Johnson and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Johnson introduced the following resolution, which was presented and read: Document No. 6679 - Resolution.
It was moved by Council Member Johnson and seconded by Council Member Hoeppner that this resolution be and is hereby adopted. Carried 12 votes affirmative.
INTRODUCE ORDINANCE TO CREATE CLASS 8.1
KRAFT FIELD BEER LICENSE, AND ESTABLISH
REGULATIONS
Committee No. 2, Public Safety, reported having considered the request by Grand Forks Professional Baseball, Inc. for license for beer and wine sales at the Grand Forks Varmints games from May 16, 1996 through September 7, 1996, and recommended to introduce for first reading an ordinance to allow a seasonal license for the sale of beer and wine at baseball games at Kraft Field for period April 1 through October 31, with a license fee of $550.00.
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It was moved by Council Member Johnson and seconded by Council Member Hoeppner that this recommendation be and is hereby approved.
There was some discussion re. time for cut-off of sales (after completion of event) and it was noted that major leagues cut off after seventh inning, etc. Ken Leip, owner of the Grand Forks Varmints, stated he had no problem with a seventh inning cut-off point. The term of the license was changed from end of September to October 31, with no other substantive changes to the proposed ordinance.
Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.
Council Member Hanson introduced an ordinance entitled "An ordinance amending Section 21-0205 by adopting Class 8.1 Kraft Field Beer", which was presented, read and passed on its first reading.
APPROVE REQUEST TO ERECT GATED-FENCE ACROSS
ALLEY ALONG WEST LINE OF VACATED SOUTH 22ND
STREET
Committee No. 3, Public Service, reported having considered the matter of request by Oscar W. Sorenson, Finest Auto Trim, Inc., to erect a gated-fence across alley along the west line of vacated South 22nd Street.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE ENGINEERING SERVICES AGREEMENT
FOR PROJECT NO. 4333, BACON ROAD FORCEMAIN
VALVE REPLACEMENT
Committee No. 3, Public Service, reported having considered the matter of engineering services contract for Project No. 4333, Bacon Road forcemain valve replacement, and recommended to approve the agreement with Webster, Foster & Weston in an amount not to exceed $11,765.00; and that the limitation of liability clause is under further negotiation.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 4338, UPGRADE LIFT STATION 17
Committee No. 3, Public Service, reported having considered the matter of engineering services agreement for Wastewater Project No. 4438, Upgrade Lift Station #17, and recommended to approve the engineering agreement through design and bidding phase in an amount not to exceed $29,603.00 and that the limitation of liability clause is under further negotiation.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE CHANGE ORDER TO PROJECT NO. 4199
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Committee No. 3, Public Service, reported having considered the matter of Change Order No. 2, Project No. 4199, 1994 lift station upgrading, Rick Electric, contractor, and recommended that the change order in the amount of $2,572.50 be approved as presented.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE AMENDMENT NO. 3 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT 4254, WATER
SUPPLY STUDY
Committee No. 3, Public Service, reported having considered the matter of Amendment No. 3 to engineering services agreement, Project No. 4254, Water Supply Study, and recommended to approve the amendment in an amount to exceed $10,000.00.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
ACCEPT BIDS FOR 1996 VEHICLES FOR VARIOUS
DEPARTMENTS
Committee No. 3, Public Service, reported having considered the bids received for 1996 vehicles for various departments, and recommended to accept the low bids as follows: Rydell Chevrolet: 1 one-ton truck in the amount of $19,485 less trade for net cost of $15,985.00, 1 mid-size auto in the amount of $14,573, less trade for a net cost of $11,673.00; 1 mid-size auto in the amount of $14,573 less trade for a net cost of $10,873; Hansen Ford: 1 heavy-duty half ton pickup in the amount of $13,604.42 less trade for a net cost of $11,604.42; and 1 heavy-duty half ton pickup in the amount of $13,604.42 less $500.00 either taken on tradein or purchase by Urban Development for a net cost of $13,104.42.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE PURCHASE OF PROPERTY FOR FUTURE
WATER PLANT EXPANSION
Committee No. 3, Public Service, reported having considered the appraisal report by Appraisals & Real Estate Research for property acquisition for possible future water plant expansion, Project No. 4408, at 618 South 3rd Street for and in consideration of $30,000 (1995 City Assessing Department value, $28,000), Duane and Teresa LeTexier, grantor, and recommended to approve purchase of the property in the amount of $30,000.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
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March 18, 1996
Committee No. 3, Public Service, reported having considered the appraisal report by Appraisals & Real Estate Research for property acquisition for possible future water plant expansion, Project No. 4408, at 610 South 3rd Street for and in consideration of $39,000 (1995 City Assessing Department value of $32,400), Cora P. Jorde, grantor, and recommended to approve purchase of the property in the amount of $39,000.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
Committee No. 3, Public Service, reported having considered the appraisal report by Appraisals & Real Estate Research for property acquisition for possible future water plant expansion, Project No. 4408, at 617 South 4th Street for and in consideration of $39,000 (1995 City Assessing Department value of $45,000), Virginia Johnson (daughter and heir to the Ray Brekke Estate), grantor, and recommended to approve purchase of the property in the amount of $45,000.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE PLANS AND SPECIFICATIONS, AND AUTHORIZE
CALL FOR BIDS, PROJECT NO. 4349, BIKEPATH
Committee No. 3, Public Service, reported having considered the matter of plans and specifications, Project No. 4349, bikepath along Red River, and recommended to approve plans and specifications, and to authorize call for bids.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE PROCEEDING WITH FLOOD STUDY,
PROJECT NO. 3987
Committee No. 3, Public Service, reported having considered the matter of completion of Corps of Engineers flood study for the city of Grand Forks, and recommended to authorize proceeding with Phases 3, 4 and 5, with City share estimated to be $600,000.
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE REVISED ENGINEER'S REPORT, PAVING
PROJECT NO. 4286, DISTRICT NO. 532
Committee No. 3, Public Service, reported having considered the matter of revised engineer's report for Project No. 4286, District No. 532, paving 24th Avenue South from South 34th Street to South 38th Street, and recommended approval of the revised engineer's report: Document No. 6680 - Report.
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March 18, 1996
It was moved by Council Member Klave and seconded by Council Member Hamerlik that this report be and is hereby approved. Carried 12 votes affirmative.
APPROVE REVISED ENGINEER'S REPORT, WATERMAIN
PROJECT NO. 4417, DISTRICT NO. 245
Committee No. 3, Public Service, reported having considered the matter of revised engineer's report for Project No. 4417, District No. 245, watermain on South 34th Street from 11th Avenue South to Baron Boulevard, and recommended approval of the revised engineer's report: Document No. 6681 - Report.