Council Minutes
PROCEEDINGS OF THE CITY COUNCIL OF THE
CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 19, 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, August 19, 1996 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; absent: Council Member Glassheim - 1.
Mayor Owens announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter.
APPROVE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN AS AMENDED BY ORDINANCE NO.
3603 FOLLOWING PUBLIC HEARING
The acting city auditor reported that the Land Use Plan, as adopted by Ordinance No. 3603 and as amended by the council on August 5, 1996, and which had been referred back to the Planning and Zoning Commission for consideration was again before the council.
Howard Swanson, city attorney, advised that the Planning and Zoning Commission at their last meeting received a report from the city council, including the amendments of the proposed zoning along South 42nd Street as well as the information regarding the school generally in the Richard's West Addition; that the Planning and Zoning Commission rejected those two amendments so the Plan before council this evening is the Land Use Plan without those two amend- ments to the Plan; that if the council is of the opinion that those two amendments, or either of the amendments, should be made to the Plan, it will require approval by this body of two-thirds of the entire membership. He advised that the matter before the council is the Plan without the two amend- ments, and council does have the ability to amend it, however, the only amend- ments that council could make at this time are with regard to the school or to the zoning along South 42nd Street, and would require the two-thirds approval.
Council Member Babinchak moved an amendment to the 2015 Comprehensive Plan that would include property south of 17th Avenue South and west of South 42nd Street (south of 17th Avenue South and 29th Avenue South and between I-29 and west of South 42nd Street) as residential with a small portion along 17th Avenue South as light commercial for office use or townhouses; Council Member Beach seconded the motion.
Bob Bushfield, city planner, stated that they are talking about a change in the 2015 Land Use Plan, and projected out the amount of residential and commercial they will need over the next 20 years and showed that on the map in areas that were contiguous to the existing city limits. He stated the area that is in contention is the area essentially from 29th Avenue South to 17th Avenue South from South 42nd Street over to I-29; that at the Planning and Zoning Commission meeting they requested this be changed back to commercial and the property on the east side remain residential.
Mr. Swanson advised that this is a plan or forecast for future land use, the zone in that area is presently agricultural and projecting the use some time in the future; it does, however, have certain weight in future planning decisions and future development decisions, but is not being zoned or rezoned.
Council Member Babinchak reported she had received note prior to the council meeting from Kurt and Mary Eylands, 2098 South 37th Street, asking that it be read into the record that they oppose the commercial land use west of South
14612
August 19, 1996
42nd Street and south of 17th Avenue South.
Mr. Bob Kweit, 3823 Fairview Drive, stated that with this plan they attempt to focus and channel the growth for the next 20 years in Grand Forks, and stated that even though plan not etched in stone, in essence what council thinking is that this is how city will and should develop in the next 20 years, and if council wants to move commercial development into existing areas then we need to hold the course and hold this area as residential, which was the recommendation of the subcommittee. He stated that the Planning Commission, as Mr. Bushfield said, felt that if the Aurora goes in, then there will be pressure to develop this as commercial, and therefore, should warn the residents now. He stated that from the position of the subcommittee, thinks council should hold the faith with the residents until there is overwhelming pressure to change.
Upon call for the question on the amendment to the Land Use Plan and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Hafner, Hagness - 12; voting "nay": Council Member Bakken - 1. Mayor Owens declared the motion carried.
Council Member Beach then moved an amendment to reinstate a possible school location at North 55th Street and 6th Avenue North; Council Member Carpenter seconded by the motion.
Heather Steffl, 565 North 51st Street, spoke in support of Council Member Beach's motion; that there are 119 students in Richard's West Subdivision that are bused to West Elementary School at the present time, and with future growth, would like to have recommendation for school in that plan. She stated that School Board reluctant to make commitment, however, they are talking long range plan and sometimes these things do change, and thinks it would be advantageous to their neighborhood to look at reinstating idea of school in their subdivision. Council Member Beach reiterated that the Land Use Plan is a guide for the future.
Mayor Owens closed the public hearing.
Upon call for the question on the amendment to the Land Use Plan and upon roll call vote, the following voted "aye": Council Members Hagness, Bakken, Babinchak, Beyer, Klave, Sande, Carpenter, Ellingson, Polovitz, Beach - 10; voting "nay": Council Members Hafner, Hanson, Hamerlik - 3. Mayor Owens declared the amendment approved.
Upon call for the question of re-affirmation of the ordinance amending the Land Use Plan Element of the Comprehensive Plan and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried.
ADOPT ORDINANCE NO. 3604, AMENDING
SECTION 18-0305, RESIDENTIAL ACCESSORY
BUILDINGS
An ordinance entitled "An ordinance relating to Chapter XVIII of the Land Development Code of 1987, as amended; Article III Rules and Regulations; Section 18-0305 Residential Accessory Buildings (4)", which had been introduced and passed on its first reading on June 17, 1996, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.
Mayor Owens called upon the audience to see if there was anyone present who
14613
August 19, 1996
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 inspection office for final approval of an ordinance to amend the text of the Land Development Code, Section 18-0305, Residential Accessory Buildings, and recommended final approval and passage of the ordinance amending the text of the Land Development Code.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the ordinance adopted.
TABLE INDEFINITELY ORDINANCE TO AMEND
ZONING MAP TO INCLUDE WITHIN GATEWAY
COMMONS PUD, CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 2, LOT 1, BLOCK 1, AIRPORT
3RD RESUBDIVISION
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from Gateway Commons PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1 and to include within Gateway Commons PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, with substantial change pertaining to Lot 1, Block 1, Airport 3rd Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 17, 1996, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.
Mayor Owens 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 Roger Mattern on behalf of Sherman Associates, Inc. for final approval of an ordinance amending the Zoning Map to exclude from Gateway Commons PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, and to include within Gateway Commons PUD (Planned Unit Development) Concept Development Plan, Amendment No. 2, with substantial change pertaining to Lot 1, Block 1, Airport 3rd Resubdivision (located east of North 51st Street between Gateway Drive and 12th Avenue North), and recommended to table indefinitely.
It was moved by Council Members Hagness and Polovitz that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 3605,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC RIGHTS OF WAY SHOWN AS DEDICATED ON
THE PLAT OF JOHNSON'S 4TH ADDITION; AND
INTRODUCE ORDINANCE TO ANNEX PORTIONS OF
JOHNSON'S 2ND AND JOHNSON'S 4TH ADDITIONS
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 Johnson's 4th Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 15, 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 acting city auditor reported that the required legal notice had been
14614
August 19, 1996
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 the auditor's office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. Where were none.
The Planning and Zoning Commission reported having considered the matter of request from Tim Crary on behalf of Johnson Farms for final approval of the plat of Johnson's 4th Addition to the city of Grand Forks, North Dakota, lying within the West Half of the Southwest Quarter of Section 8, Township 151 North, Range 50 West of the 5th Principal Meridian (located east of South Columbia Road between 11th Avenue and 17th Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan, and also approval of the ordinance of annexation, to introduce the ordinance and to set the date of the public hearing for September 3, 1996.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the ordinance adopted.
Council Member Hagness introduced an ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, portions of Johnson's 2nd Addition and Johnson's 4th Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.
ADOPT ORDINANCE NO. 3606, TO AMEND ZONING
MAP TO INCLUDE WITHIN JOHNSON'S PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF KUSTER'S
2ND AND 3RD ADDITIONS, ALL OF JOHNSON'S 1ST, 2ND,
3RD AND 4TH ADDITIONS; JOHNSON'S 4TH ADDITION
BEING THE AREA OF SUBSTANTIAL CHANGE TO THE PUD
AS AMENDED
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from Johnson's PUD (Planned Unit Development), Concept Development Plan, and to include within Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Kuster's 2nd and 3rd Additions, all of Johnson's 1st, 2nd, 3rd and 4th Additions; Johnson's 4th Addition being the area of substantial change to the PUD as amended, to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 15, 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 acting 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 Owens 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 that the matter of the request from Tim Crary on behalf of Johnson Farms for final approval of an ordinance to amend the Zoning Map to exclude from Johnson's PUD (Planned Unit Development), Concept Development Plan and to include within Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment Number 1, all of Kuster's 2nd and 3rd Additions, all of Johnson's 1st, 2nd and 3rd
14615
August 19, 1996
Additions, and all of proposed Johnson's 4th Addition of which addition is the area of substantial change to this PUD as amended (located between South 34th and South 42nd Streets and between 11th and 17th Avenues South), 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.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the ordinance adopted.
APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 3607,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
RIVERS EDGE 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 Rivers Edge Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 15, 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 acting 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 the auditor's office.
Mayor Owens 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 CPS, Ltd. on behalf of Simonson's Lumber for final approval of a plat of Rivers Edge Resubdivision, lying within a portion of the East Half of the Northeast Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian (located southeast of Belmont Road and 49th Avenue South), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the ordinance adopted.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO ANNEX ALL OF RIVERS EDGE
RESUBDIVISION
An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Rivers Edge Resubdivision and St. Francis First Resubdivision (located east of Belmont Road between 49th Avenue South and Adams Drive)", which had been introduced and passed on its first reading on July 15, 1996, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The acting city auditor reported that the required legal notice had not been published by the petitioner as required.
It was moved by Council Member Ellingson and seconded by Council Member Hafner 14616
August 19, 1996
that the public hearing and second reading of the ordinance be postponed to September 3, 1996. Carried 13 votes affirmative.
TABLE TO SEPTEMBER 16, 1996, MATTER OF
FINAL PLAT, PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
PLAT OF ST. FRANCIS FIRST ADDITION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of St. Francis First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 15, 1996, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The acting 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 the auditor's office.
Mayor Owens 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 CPS, Ltd on behalf of C & A Partnership for final approval of a plat of Country View First Resubdivision (formerly referred to as St. Francis First Resubdivision) lying within a portion of the East Half of the Northeast Quarter of Section 27, Township 151 North, Range 50 West of the 5th Principal Meridian (located northeast of Belmont Road and Adams Drive), and recommended to table until September 16, 1996.
It was moved by Council Member Hagness and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 13 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST AND DIRECT
THAT RESOLUTION OF ANNEXATION OF SHADYRIDGE
ESTATES FIRST ADDITION, SHADYRIDGE ESTATES SECOND
ADDITION, SHADYRIDGE ESTATES THIRD ADDITION,
SHADYRIDGE ESTATES FOURTH RESUBDIVISION, SHADY-
RIDGE ESTATES FIFTH RESUBDIVISION, AND AN UNPLATTED
PORTION OF SECTIONS 26 AND 27, T151N, R50W OF THE
5TH PRINCIPAL MERIDIAN BE FILED AND ANNEXATION
ACCOMPLISHED
Mr. Swanson, city attorney, reported that the public hearing was held at the council meeting on August 5, 1996, that the public hearing was closed at that time, and during the public hearing several property owners withdrew their protests to the annexation; the question was then whether or not there was sufficient protest to stop the annexation from moving forward. He reported that he has had an opportunity review the remaining protests and finds that Lots 5, 14 and 15 of Shadyridge First Addition, owned by Lavonne Adams, all have protests; that in addition he has calculated the protest by Traill Water, however, he doesn't believe they have legal standing to make that protest; nevertheless. the total protest is 7.77% and is an insufficient protest and does not rise to the level of 25%. He stated that at this point it is his recommendation that the council adopt resolution finding an insufficiency of protest.
Pat Morley, 3314 East Elmwood, attorney, reported that he had written letter
14617
August 19, 1996
to the city auditor explaining why he did not think it was appropriate
to allow people to withdraw their protest after the close of the protest period but before the vote on the sufficiency of it; that he was appearing in behalf of Lavonne and Darrell Adams and asking council to disregard the city attorney's opinion when he believes protest can be withdrawn, that he disagrees with Mr. Swanson, that there is no provision under the ND law to withdraw a protest once it has been submitted, and would request that the council follow that law and not allow protests to be withdrawn and find protests sufficient. He stated that he received copy of the City of Grand Forks' annexation report recently, and except for the airport being annexed, this would be the largest single annexation that has ever been done by the City of Grand Forks and does not believe it contributes to orderly development; and respectfully requests on behalf of Darrell and Lavonne Adams that the council not allow the withdrawal of those protests and find protests sufficient.
Mr. Swanson stated that there is no statutory authority to withdraw a protest; however, there are three decisions by the North Dakota Supreme Court, and in each of those three decisions, the Supreme Court held that regardless of whether or not there's statutory basis to withdraw the protest, the Court will allow and will recognize that a protest can be validly withdrawn at any time, including after the deadline for filing, and would stand by his opinion; and also points out that in the correspondence forwarded to the council there was a suggestion that the property owners withheld their protest for some of their property and only protested a portion of property in reliance on the other property owners; that may or may not be true, but pointed out that the property owners signed their protest on June 9, many of the other property owners did not sign their protest until June 10, and would be difficult to rely on the protest of others who did not protest until the following day; that the ND Supreme Court has held that a property owner must act and exercise his own rights and not be dependent upon others exercising their independent rights. He stated he stands by his opinion that there is an insufficiency of protest and that this body should find so.
It was moved by Council Member Hanson and seconded by Council Member Klave that a finding of insufficiency of protest to the annexation be entered, and further that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation, with appropriate map. Carried 13 votes affirmative.
HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY
OF PROTEST AND DIRECT THAT RESOLUTION OF ANNEXATION
OF JOHNSON'S 2ND ADDITION, LOTS 19, 20, 21, 22 AND
23, BLOCK 1, AND LOTS 14, 15, 16, 17, 18 AND 19,
BLOCK 2, INCLUDING UNPLATTED TRACT OF LAND IN SW
QUARTER SOUTHWEST QUARTER, SECTION 8, T151N, R50W
OF 5TH PRINCIPAL MERIDIAN BE FILED AND ANNEXATION
ACCOMPLISHED
The acting city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed July 15, 1996, annexing all of Johnson's 2nd Addition, Lots 19, 20, 21, 22 and 23, Block 1, and Lots 14, 15, 16, 16, 17, 18 and 19, Block 2, including an unplatted tract of land lying in the southwest quarter of the southwest quarter of Section 8 Township 151 North of Range 50 West of the 5th Principal Meridian, more specifically described as a 140 ft. wide strip of land lying west of and adjoining the west right of way line of South 38th Street as platted in Johnson's 2nd Addition, and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.
14618
August 19, 1996
The acting city auditor exhibited the affidavit of publication indicating publication on July 20 and 27, 1996; and further reported that no written protests had been filed with the auditor's office.
Mayor Owens 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 Hagness and seconded by Council Member Babinchak that a finding of insufficiency of protest to the annexation be entered; and further that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation, with appropriate map. Carried 13 votes affirmative.
ADOPT RESOLUTION VACATING 15-FT. SIDEWALK AND
UTILITY EASEMENT IN BLOCKS 1 AND 2, SUN LAND
WEST SECOND RESUBDIVISION
The acting city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 15-foot wide sidewalk and utility easement lying 7.5 feet on either side of the lot lines common to Lots 16, 17, 21 and 22, Block 1 and Lots 8 and 9, Block 2, Sun Land West Second Resubdivision, 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 the auditor's office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter.
Jim Carlson, 702 Horizon Circle, stated this is part of the Sun Land West Second Resubdivision which had 60 ft. lots and now being proposed to be resubdivided into 35 ft. lots, and that there is some objection to this, not specifically the sidewalk and utility easement, but the whole thing all goes together, and particularly not having sidewalks and utility easements along that area, where there will be lot of children if housing built on these lots, and difficult to see why good idea to vacate these easements and are related to several other issues which appear later on the agenda.
Council Member Polovitz questioned whether this item has to do with attached vs. detached garages, and asked for clarification.
Bob Bushfield, city planner, reported that was brought up at the same time at the Planning Commission and because the Planning staff had allowed detached garages in this area, there was considerable discussion on that; but what's happening as a result of the replat is that they had to realign those easements; and to answer Mr. Carlson's concerns, that they are vacating the old easements but replacing with easements that will be located so they line up with new lot lines being created.
Mayor Owens closed the public hearing.
It was moved by Council Member Beyer and seconded by Council Member Hanson that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 13 votes affirmative.
Council Member Hagness introduced the following resolution which was presented and read: Document No. 7137 - Resolution.
It was moved by Council Member Hagness and seconded by Council Member Sande that this resolution be and is hereby adopted. Carried 13 votes affirmative.
14619
August 19, 1996
ADOPT RESOLUTION VACATING PORTION OF MAPLE
AVENUE AS PLATTED IN LINDSAY'S ADDITION AND
LYING BETWEEN LINCOLN DRIVE AND THE RED RIVER
The acting city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the westerly 10 feet of the easterly 30 feet and the westerly 30 feet of Maple Avenue as platted in Lindsay's Addition and lying between Lincoln Drive and the Red River, 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 the auditor's office.
Mayor Owens 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 Hafner and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 13 votes affirmative.
Council Member Polovitz introduced the following resolution which was presented and read: Document No. 7138 - Resolution.
It was moved by Council Member Polovitz seconded by Council Member Ellingson that this resolution be and is hereby adopted. Carried 13 votes affirmative.
ADOPT RESOLUTION VACATING PORTION OF 2ND AVENUE
NORTH, LYING NORTHEASTERLY OF NORTH 3RD STREET
The acting city auditor reported that pursuant to instructions by the city council after having received a petition to vacate portion of 2nd Avenue North lying northeasterly of North 3rd Street, 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 the auditor's office.
Mayor Owens 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 Hanson and seconded by Council Member Hagness that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 13 votes affirmative.
Council Member Hafner introduced the following resolution which was presented and read: Document No. 7139 - Resolution.
It was moved by Council Member Hafner and seconded by Council Member Ellingson that this resolution be and is hereby adopted. Carried 13 votes affirmative.
APPROVE APPLICATION FOR PERMIT TO MOVE
BUILDING TO 21 EUCLID AVENUE FOLLOWING
PUBLIC HEARING
The acting city auditor reported that the notice of public hearing on the application by Sherry Mokerski to move building from 903 Reeves Drive to 21 Euclid Avenue to be used as a storage building, had been published and posted as required.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Committee No. 3, Public Service, reported having considered the application for permit to move building from 903 Reeves Drive to 21 Euclid Avenue for
14620
August 19, 1996
storage building, and recommended approval of the application, subject to the public hearing.
It was moved by Council Member Beyer and seconded by Council Member Hafner that this recommendation be and is hereby approved, and that Ms. Mokerski be authorized to move the building. Carried 13 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 543, PROJECT NO. 4479
The acting city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 543, Project No. 4479, Paving on South 38th Street from 24th Avenue South to 29th Avenue South, had expired on August 8, 1996, and that no written protests had been received.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Hagness introduced the following resolution as to protests which was presented and read: Document No. 7140 - Resolution.
It was moved by Council Member Hagness and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest against Paving District No. 543, Project No. 4479, 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, PAVING PROJECT NO. 4479,
DISTRICT NO. 543
The acting city auditor presented and read tabulation of bids which had been received and opened on August 5, 1996, for Paving Project No. 4479, District No. 543, paving South 38th Street from 24th to 29th Avenues South, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $136,704.90: Document No. 7141 - Bid Tabulation.
The city engineer's estimate of total cost on paving Project No. 4479, District No. 543, in the amount of $174,000.00, was presented and read.
Committee No. 3, Public Service, reported having considered the bids for Project No. 4479, District No. 543, paving South 38th Street from 24th Avenue South to 29th Avenue South, and recommended that we accept the low bid of Valley Contracting Company in the amount of $136,704.90.
It was moved by Council Member Hagness and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Hagness introduced the following resolution which was presented and read: Document No. 7142 - Resolution.
It was moved by Council Member Hagness and seconded by Council Member Babinchak that this resolution awarding the contract for Paving Project No. 4479, District No. 543, be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.
14621
August 19, 1996
REFER CONSENT AGENDA ITEMS TO COMMITTEE
It was moved by Council Member Babinchak and seconded by Council Member Beyer that the consent agenda items be referred to committee as noted. Carried 13 votes affirmative.
Finance Committee:
1) matter of city sales tax on amusement devices.
2) matter of allocation of public funds for establishment and operation of Youth Commission
REPORTS OF OFFICERS
The city auditor's statement of changes in cash balances as of July 31, 1996 was presented and read. It was moved by Council Member Hanson 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. 96-14, dated August 19, 1996, and totaling $2,896,909.08, 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 Beyer and seconded by Council Member Sande that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Ellingson, Hamerlik, Hanson, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.
ESTABLISH PUBLIC HEARING ON APPLICATION BY
J.W. PERRY, INC. FOR FIVE-YEAR PROPERTY TAX
EXEMPTION FOR BUILDING AT 1250 SOUTH 46TH STREET
Committee No. 1, Finance, reported having considered the matter of application from LeRoy and Barbara Bross Trust dba J. W. Perry, Inc. for five-year property tax exemption for building to be constructed at 1250 South 46th Street, and recommended that we call for a public hearing for September 16, 1996.
It was moved by Council Members Babinchak and Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE BUDGET AMENDMENT
An amendment to the Human Resources budget in the amount of $300.00, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Bakken that this amendment be and is hereby approved. Carried 13 votes affirmative.
APPROVE REQUEST TO BLOCK STREETS NEAR
CENTRAL HIGH SCHOOL FOR BAND PRACTICE
Committee No. 2, Public Safety, reported having considered the request from Central High School to block streets near Central for band to practice marching during weeks of September 3-6 and 9-13 from 8:30 to 10:30 a.m., weather permitting, and recommended approval of the request.
It was moved by Council Members Ellingson and Sande that this recommendation be and is hereby approved. Carried 13 votes affirmative.
14622
August 19, 1996
APPROVE GRANT AGREEMENTS WITH NORTH DAKOTA
STATE HEALTH DEPARTMENT
Committee No. 2, Public Safety, reported having considered the matter of grant agreement with the North Dakota Department of Health for Immunization and Epidemiologist Support Services for period July 1, 1996 through June 30, 1997, in the amount of $14,394.00, and recommended to approve the grant agreement subject to review by the city attorney.
It was moved by Council Member Ellingson and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE BUDGET AMENDMENTS
An amendment to the Health Department Knight Foundation Grant budget in the amount of $259.00 was presented and read. It was moved by Council Member Ellingson and seconded by Council Member Sande that this amendment be and is hereby approved. Carried 13 votes affirmative.
An amendment to the Health Department budget in the amount of $1,341.00 was presented and read. It was moved by Council Member Ellingson and seconded by Council Member Sande that this amendment be and is hereby approved. Carried 13 votes affirmative.
An amendment to the Health Department Mosquito Control budget in the amount of $15,737.00 was presented and read. It was moved by Council Member Ellingson and seconded by Council Member Sande that this amendment be and is hereby approved. Carried 13 votes affirmative.
INTRODUCE ORDINANCE PROVIDING FOR PRORATION
OF ALCOHOLIC BEVERAGE ISSUANCE FEES
Committee No. 2, Public Safety, reported having considered the request from Kim Holmes to pro-rate payment of alcoholic beverage issuance fee for proposed food/beverage license at 124 North 3rd Street, Lola's, and recommended that we re-introduce appropriate ordinance to allow payment of issuance fee for liquor license in installments.
It was moved by Council Member Ellingson and seconded by Council Member Sande that this recommendation be and is hereby approved.
Kim Holmes, representing Lola's, appeared in support of the proposed ordinance.
After some discussion and upon call for the question, the motion carried 13 votes affirmative.
Council Member Sande introduced an ordinance entitled "An ordinance amending Section 21-0210 of the Grand Forks City Code relating to issuance fees for alcoholic beverage licenses", which was presented, read and passed on its first reading.
APPROVE REQUEST FOR VARIANCE TO CURB CUT
AT 503 32ND AVENUE SOUTH
Committee No. 3, Public Service, reported having considered the request from Philip and Elaine Johnson, 503 32nd Avenue South, for curb cut (closer than the required distance from an intersection), and recommended that the request be approved.
14623
August 19, 1996