Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, August 18, 1997

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 18, 1997 at the hour of 7:00 p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Babinchak, Hafner, Hagness - 10; absent: none; 1 seat vacant.

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.

ADOPT ORDINANCE NO. 3664, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF CONGRESSIONAL
FIRST RESUBDIVISION TO THE CITY OF GRAND FORKS

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 Congressional First Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading on August 4, 1997 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 Owens called for the public hearing; there were no comments and the hearing was closed.

The city auditor presented and read the report from the City Planning and Zoning Commission that the matter of the request from CPS, Ltd. on behalf of Sun Land West LLC and the city council for final approval of the plat of Congressional First Resubdivision to the city of Grand Forks, North Dakota (located between 6th Avenue North and 10th Avenue North and between North 51st and North 55th Streets), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Plan. The recommendation had been moved and seconded by Council Members Hagness and Sande.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Babinchak, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT ORDINANCE NO. 3665, AMENDING THE ZONING MAP
TO INCLUDE WITHIN THE NORTH CONGRESSIONAL PUD
(PLANNED UNIT DEVELOPMENT) DISTRICT, (CONCEPT
DEVELOPMENT PLAN), ALL OF CONGRESSIONAL FIRST
RESUBDIVISION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from Sun Land West PUD (Planned Unit Development) District, (Concept and Detailed Development Plan) and from the B-3 (General Business) District, and to include within the North Congressional PUD (Planned Unit Development) District, (Concept Development Plan), all of Con-gressional First Resubdivision to the city of Grand Forks, ND", which had been introduced and passed on its first reading on August 4, 1997 and upon which
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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 Owens called for the public hearing. There were no comments and the public hearing was closed.

The city auditor reported that the recommendation from the Planning and Zoning Commission regarding the request from Dan Schmaltz and the UND Foundation on behalf of the Flood Response Committee and the Tri-chairs for final approval of an ordinance to amend the Zoning Map to exclude from Sun Land West PUD (Planned Unit Development) District, (Concept and Detailed Development Plan) and from the B-3 (General Business) district, and to include within the North Congressional PUD (Planned Unit Development) district, (Concept Development Plan), all of Con-gressional First Resubdivision to the city of Grand Forks, ND (located between 6th and 12th Avenues North and between North 51st and 55th Streets), and recom-mended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Zoning Map. The recom-mendation had been moved and seconded by Council Member Hagness and Council Member Polovitz.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Babinchak, Hafner, Hagness - 10; voting "nay": none. Mayor Owens declared the motion carried.

COUNCIL MEMBER KLAVE REPORTED PRESENT

ADOPT ORDINANCE NO. 3666, TO AMEND STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF CONGRESSIONAL
SECOND 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 Congressional Second Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 4, 1997, 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 Owens called for the public hearing. There were no comments and the public hearing was closed.

The city auditor presented and read the recommendation from the Planning and Zoning Commission regarding the matter of the request from CPS, Ltd. on behalf of UND Aerospace Foundation and the city council for final approval of the plat of Congressional Second Resubdivision to the city of Grand Forks, ND (located between University Avenue and the Burlington Northern/Santa Fe Railroad right of way and between Technology Circle and North 55th Street), 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 Map. The recom-mendation had been moved and seconded by Council Member Polovitz and by Council Member Hagness.
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Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT ORDINANCE NO. 3667, AMENDING ZONING
MAP TO INCLUDE WITHIN THE SOUTH CONGRESSIONAL
PUD (PLANNED UNIT DEVELOPMENT) DISTRICT,
CONCEPT DEVELOPMENT PLAN, ALL OF CONGRESSIONAL
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 I-2 (Heavy Industrial) District and to include within the South Congressional PUD (Planned Unit Development) District, Concept Development Plan, all of Congressional Second Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 4, 1997 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 Owens called for the public hearing. There were no comments and the public hearing was closed.

The city auditor presented and read the recommendation from the Planning and Zoning Commission regarding the matter of the request from Tom Clifford and the UND Aerospace Foundation on behalf of the Flood Response Committee and the Tri-chairs for final approval of an ordinance to amend the Zoning Map to exclude from the I-2 (Heavy Industrial) District and to include within the South Congressional PUD (Planned Unit Development) District, Concept Development Plan, all of Con-gressional Second Resubdivision to the city of Grand Forks, ND (located between University Avenue and the Burlington Northern/Santa Fe Railroad right of way and Technology Circle and North 55th Street), and recommended final approval subject to specific conditions shown on or attached to the review copy and passage of the ordinance amending the Zoning Map. The recommendation had been moved by Council Member Hagness and seconded by Council Member Polovitz.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT ORDINANCE NO. 3668, ANNEXING ALL
OF LOT K, BLOCK 2, OF A REPLAT OF LOTS 1
THROUGH 28, BLOCK 1, LOTS 1 THROUGH 12,
BLOCK 2, SUNLAND WEST SECOND RESUBDIVISION

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Lot K, Block 2, of a Replat of Lots 1 through 28, Block 1, Lots 1 through 12, Block 2, Sun Land West Second Resubdivision to the City of Grand Forks, North Dakota, containing 26.93 acres more or less and North 55th Street public right of way adjacent thereto containing 1.34 acres more or less. Total area containing 28.27 acres more or less", which had been introduced and passed on first reading on August 4, 1997 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 Owens called for the public hearing. There were no comments and the public hearing was closed.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN COLUMBIA PARK PUD, CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 10, LOT 1, BLOCK 1,
COLUMBIA PARK 7TH ADDITION TO SEPTEMBER 2, 1997

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the Columbia park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 9 and to include within the Johnsons PUD (Planned Unit Development), Concept Development Plan, Amendment No. 10, with substantial change lying in Lot 1, Block 1, Columbia park 7th Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 23, 1997 and which had been continued until this evening, was presented and read for consideration on second reading.

Mayor Owens called for the public hearing. There were no comments and the public hearing was closed.

The Planning and Zoning Commission reported having considered the matter of the request from Wally Rodgers on behalf of Americinn Hospitality, L.L.C. 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. 9 and to include within Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 10, with substantial change lying in Lot 1, Block 1, Columbia Park 7th Addition, Grand Forks, ND (located in the northeast corner of 19th Avenue South and South 29th Street), and recommended tabling until September 2, 1997.

It was moved by Council Member Polovitz and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3669, TO AMEND THE STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC RIGHTS OF WAY SHOWN AS DEDICATED
ON PLAT OF LOCKWOOD 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 Lockwood Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on first reading on July 21, 1997 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 Owens called for the public hearing. There were no comments and the public hearing was closed.
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The city auditor presented and read the recommendation from the Planning and Zoning Commission regarding the matter of the request from Mitchell Gibb on behalf of Residual Materials, inc. for final approval of the plat of Lockwood
Addition to the city of Grand Forks, North Dakota, lying in the Southwest Quarter of the Southwest Quarter of Section 28, Township 152 North of Range 50 West of the 5th Principal Meridian (located in the northwest corner of Mill Road and 27th Avenue North), 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. The recommendation had been moved by Council Member Hagness and seconded by Council Member Polovitz.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT ORDINANCE NO, 3670, TO AMEND ZONING
MAP TO INCLUDE WITHIN B-3 (GENERAL BUSINESS)
DISTRICT LOT 2, BLOCK 4, SUNNY NODAK FARMS
ADDITION

An ordinance entitled "An ordinance to amend the Zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the B-3 (General Business) District, Lot 2, Block 4, Sunny Nodak Farms Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 21, 1997, 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 Owens called for the public hearing. There were no comments and the public hearing was closed.

The city auditor presented and read the recommendation from the Planning and Zoning Commission regarding the matter of the request by Don Linnertz on behalf of A.B.C. Seamless, Inc. for final approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) district and to include within the B-3 (General Business) district, Lot 2, Block 4, Sunny Nodak Farms Addition (located in the Southwest Quadrant of the intersection of North 62nd Street and 12th Avenue North west of New Vision on Highway No. 2 West), and recommended final approval and passage of the ordinance amending the zoning map. The recommendation had been moved by Council Member Hagness and seconded by Council Member Polovitz.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

ADOPT ORDINANCE NO. 3671, AMENDING ZONING
MAP TO INCLUDE WITHIN VALLEY MEMORIAL HOME
PUD (PLANNED UNIT DEVELOPMENT), CONCEPT
DEVELOPMENT PLAN, ALL OF BIRKHOLZ 6TH
ADDITION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Limited Development) District and to include within Valley Memorial Home PUD (Planned Unit
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Development), Concept Development Plan, all of Birkholz 6th Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 21, 1997 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 Owens called for the public hearing. There were no comments and the public hearing was closed.

The city auditor presented and read the recommendation from the Planning and Zoning Commission regarding the matter of the request from 1600 Central Avenue partnership on behalf of Valley Memorial Homes for final approval of an ordinance amending the Zoning Map to exclude from A-1 (Limited Development) district and to include within Valley Memorial Home PUD (Planned Unit Development), District Concept Development Plan, all of Birkholz 6th Addition to the city of Grand Forks, ND (This area is located in the northeast corner of the intersection of South 42nd Street and 24th 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 Zoning Map. The recommendation had been moved by Council Member Hagness and seconded by Council Member Polovitz.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE GARAGE TO 1909 8TH AVENUE NORTH

The city auditor reported that the public hearing on the application by Carl Lizakowski to move a building from 1919 8th Avenue North to 1909 8th Avenue North to be used as a residential garage had been published and posted.

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 Hanson that an insufficiency of protests be declared. Carried 11 votes affirmative.

Committee No. 3, Public Service, reported having considered the application from Carl Lizakowski for moving permit to move garage from 1919 8th Avenue North to 1909 8th Avenue North, and recommended to allow the application contingent upon meeting all City Codes.

It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved and further that Mr. Lizakowski be and is hereby authorized to move the building. Carried 11 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING PROJECT NO. 4557, DISTRICT NO. 551

The city auditor reported that the period for filing protests on the resolution of necessity for the paving improvements in and for Paving District No. 551, Project No. 4557, paving in Rivers Edge, had expired on April 11, 1997, public hearing called to June 2, 1997 and continued until this meeting, and that he had received one written protest for Lot 15, Block 3, Rivers Edge Resubdivision, and
the protest does not constitute sufficiency of protest.
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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 Babinchak introduced the following resolution as to protests which was presented and read: Document No. 7341 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Sande that we do hereby find and determine an insufficiency of protest against Paving District No. 551, Project No. 4557, as insufficient protests were filed, and further that the resolution be and is hereby adopted. Carried 11 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING PROJECT
NO. 4557, DISTRICT NO. 551

The city auditor presented and read tabulation of bids which had been received and opened on August 11, 1997 for Paving Project No. 4557, District No. 551, paving Rivers Edge, indicating that Opp Construction was the low bidder based upon their bid in the amount of$399,782.00: Document No. 7342 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4557, District No. 551, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids: Project No. 4557, District No. 551, paving Rivers Edge, and recommended that we accept the low bid of Opp Construction in the amount of $399,782.00.

It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Klave introduced the following resolution which was presented and read: Document No. 7343 - Resolution.

It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 4557, District No. 551, to Opp Construction be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Hafner, Hagness - 11; voting "nay": none. Mayor Owens declared the resolution adopted and the contract awarded.

COUNCIL MEMBER BAKKEN REPORTED PRESENT

REPORT FROM GENERAL SAGSVEEN

Mayor Owens called upon General Murray Sagsveen, for a report from Governor's Office.

General Sagsveen reported that he wanted to brief the council on several issues having to do with DSR's and the Hazard Mitigation Grant Program where State is working closely with FEMA and on DSR's (damage survey reports) that a team of local, state and federal inspectors work through those and submit the DSR's through for final approval by FEMA; that the first payment was approved today and that first payment was $2.5 million paid today, that he talked with FEMA today and they are making every possible effort to collapse the turn-around time so that the money is returned to the city as soon as possible so that the money can be deposited and has been assured by FEMA that it is the shortest turn-around time possible. He reported that the Hazard Mitigation Grant Program which under
federal law has a 15% of money paid to the State political subdivision, an additional 15% is set aside for the Hazard Mitigation Grant Program and that as
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DSR's come in and payments made to the State and local subdivisions, that amount grows and so far we've had $23.5 million deposited in the Hazard Mitigation Grant Program and out of that amount the State and FEMA has already granted about $23.0 million for Hazard Mitigation Grant Programs, such as acquisition program for Phase I and I-A. He stated that the first payment of $10.5 funded Phase I; for the second payment the Hazard Mitigation team met this week and approved another $2.5 million for Phase I-A (only amount of money left in the bank), so now have about $500,000 for the rest of the State, but assuming that $2.5 million is approved by FEMA, that would bring total for Hazard Mitigation Grant Program to about $13 million to help the acquisition program for the city of Grand Forks. He stated he will continue to be here weekly and work with the Mayor, Tri-chairs and Mr. Swanson, that they try to resolve issuesas soon as possible. Mayor Owens and President Hagness thanked General Sagsveen for this information and that they appreciate what the Governor is doing.

REFER CONSENT AGENDA ITEMS

It was moved by Council Member Klave and seconded by Council Member Babinchak that the consent agenda items be referred to the proper council committee for consideration and report back. Carried 12 votes affirmative.

Finance Committee:
1) request from Nodak Electric Cooperative for extension of franchise for an electric distribution system.

REPORTS OF OFFICERS

The city auditor presented and read the investment report for the month of July, 1997.

It was moved by Council Member Hanson and seconded by Council Member Sande that
this report be and is hereby received and filed. Carried 12 votes affirmative.

COUNCIL MEMBER BEYER REPORTED PRESENT

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from Dave Broxmeyer, acting secretary Board of Zoning Adjust-ments, was presented and read stating that the Board had held a public hearing in City Hall on August 14, 1997, that notice had been published as required and that the following appeals were heard: 1) Cory Stejskal, 424 North 8th Street, request for variance to the accessory building requirements to erect an accessory building, with variance approved to vary the second front yard setback require-ment from 12.5 feet to 3 feet; 2) Duane St. Yves, 2113 11th Avenue North, request for variance to the accessory building requirements to erect an accessory building, with recommendation to deny the variance; 3) Jay and Candice Larson, 616 South 9th Street, request for variance to the accessory building requirements to erect an accessory building, with variance to vary the accessory building size requirement from no more than 1000 sq. ft. to 1440 sq.ft., which includes an existing 300 sq. ft. garage and a new 1140 sq.ft. garage; 4) Brent Krenelka, 1102 Almonte Avenue, request for variance to the accessory building requirements to erect an accessory building, with variance approved to vary the side yard setback for accessory building requirements from 3 ft. to 1.5 ft. as long as the overhang on the accessory building does not exceed 6 inches; 5) Bradley and Shari Storbakken, 2469 Glen Circle, request for variance to the front yard setback requirements to accommodate an overhang to the front door remodel, with variance approved to vary the front yard setback requirement from 25 ft. to 22 ft.; 6) Donald Adams on behalf of America's Best AutoCenter, 910 South Washington Street, request for variance to the landscaping setback requirements to pave an auto
dealership, lot with variance approved to vary the side and front yard land-scaping setback from 10 ft. to on the property line; 7) Don Linnertz on behalf
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of Don's ABC Seamless, Inc. request for variance to the off-street paving and parking requirements for the construction of a commercial building, with approval of the variance to delay the paving of the parking area and access drives until such time that North 62nd Street is paved; 8) Dave Roth of Minnkota Building Systems on behalf of Fine Print of Grand Forks, 4051 Gateway Drive, request for variance to the parking requirements for the construction of a commercial building, with approval of the variance to allow the paving of only 21 of the 64 required parking spots on the condition that the use remains the same, or the ownership changes hands, and after 5 years the Building and Zoning Administrator has the authority to require additional paving; and 9) Jeffrey and Elaine Awes, 1025 Cottonwood Street, request for variance to the off-street parking 7 loading requirements to extend an existing driveway, with approval of the variance to reduce the paving setback requirements from 3 ft. to zero ft., and the adjacent neighbor agreed to allow the paving up to the property line. It was noted that as of December, 1996 the paving setback requirement was changed from 5 ft. to 3 ft., or to zero feet with the written consent of the adjacent property owner for R-1 and R-2 uses.

It was moved by Council Member Klave and seconded by Council Member Sande that this recommendation be and is hereby received and filed. Carried 13 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 97-12, dated August 18, 1997, and totaling $4,726,739.83, 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 Carpenter and seconded by Council Member Beyer 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, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

ACCEPT MATTER OF OFFER TO PURCHASE
PROPERTY AT SOUTH WASHINGTON STREET AND
40TH AVENUE SOUTH

Committee No. 1, Finance, reported having considered the matter of offer to purchase property at South Washington Street and 40th Avenue south (Lot 1, Block 1, Flaat-Mikkelson Addition), for the sum of $50,000 with buyer to assume all special assessments, and recommended that we accept the offer subject to review by the city attorney, and subject to zoning.

It was moved by Council Member Sande and seconded by Council Member Bakken that this recommendation be and is hereby approved.

Ray LeClerc, acting city planner, reported having considered the matter that this is for small animal hospital; and Mr. Swanson reported that offer is standard purchase agreement and only contingency is that it may or may not be a binding contingency that it states that subject to ability to get adequate financing.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE REQUEST FROM BONZER'S TO CHANGE
LOCATION OF ALCOHOLIC BEVERAGE LICENSE TO
420 DEMERS AVENUE
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Committee No. 2, Public Safety, reported having considered the request from Jon Bonzer, Bonzer's, to change location of alcoholic beverage license to 420 DeMers Avenue, and recommended to approve change of location of license for Bonzer's.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE REQUEST FOR NOISE VARIANCE FOR
NEW STUDENT BLOCK PARTY ON AUGUST 22, 1997

Committee No. 2, Public Safety, reported having considered the matter of request from University Program Council for variance to noise ordinance for New Student Block party on Friday, August 22, 1997, and recommended to approve request and allow variance to l2:00 midnight.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE RECOMMENDATIONS FOR SCHOOL CROSSING
CHANGES FOR 1997-98 SCHOOL YEAR

Committee No. 2, Public Safety, reported having considered the matter of school crossing changes for 1997-98 school year, and recommended to approve changes as recommended by the traffic engineer: 1) to install signs to warn motorists of school crossings and school areas as needed.

Committee No. 2, Public Safety, reported having considered the matter of stop signs on Walnut and Chestnut Streets at 8th and 13th Avenues South, and recommended to approve changes as recommended by the traffic engineer: 2) to remove stop signs on 13th Avenue South at Chestnut Street and Walnut Street and to install stop signs on Walnut Street and Chestnut Street at 13th Avenue South; 3) to remove stop signs on 8th Avenue south at Chestnut Street and Walnut Street and to install stop sign on Walnut Street at 8th Avenue South.

It was moved by Council Member Beyer and seconded by Council Member Sande that these recommendations be and are hereby approved. Carried 13 votes affirmative.

APPROVE REQUEST FROM CENTRAL HIGH SCHOOL TO
BLOCK STREETS FOR BAND PRACTICE

Committee No. 2, Public Safety, reported having considered the matter of request from Central High School to block streets for band practice weeks of September 8-12 and 15-19, 1997, and recommended approval of the request contingent upon approval by police and street departments.

It was moved by Council Member Beyer and seconded by Council Member Sande that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECT NO. 4332, UPGRADE LIFT STATION NO. 7

Committee No. 3, Public Service, reported having considered the matter of engineering services agreement for Project No. 4332, upgrade lift station No. 7, amendment for additional design and construction phase services in the amounts of $1,381.35 and $18,060 for construction phase for Webster, Foster & Weston, consultant, and recommended approval of the amendments to the contracts.

It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting
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"nay": none. Mayor Owens declared the motion carried.

APPROVE ENGINEERING SERVICE AGREEMENT FOR
PROJECT NO. 4624, FORCEMAIN VALVE REPLACEMENT

Committee No. 3, Public Service, reported having considered the matter of engineering services agreement for Project No. 4624, forcemain valve replacement, amendment for additional design and construction phase services, to increase design/bidding phase in the amount of $1,454.50 and $16,046.00 for construction and operational phase services, with Webster, Foster & Weston, and recommended to approve the amendments.

It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 4591, UPGRADE LIFT STATION NO. 29

Committee No. 3, Public Service, reported having considered the matter of engineering services agreement for Project No. 4591, upgrade Lift Station No. 29, amendment for construction and operations phase in the amount of $16,822.00, Webster, Foster & Weston, engineer, and recommended to approve the amendment to the agreement.

It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 4671, UPGRADE LIFT STATION NO. 21

Committee No. 3, Public Service, reported having considered the matter of engineering services agreement for Project No. 4671, Upgrade lift Station No. 21, contract for design and bidding phase with Webster, Foster & Weston, and recom-mended to authorize proper City officials to enter into agreement with Webster, Foster & Weston, Consulting Engineers, in the amount of $21,184.00.

It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4438,
UPGRADE LIFT STATION NO. 17

Committee No. 3, Public Service, reported having considered the matter of the change order for Project No. 4438, upgrade lift station No. 17, in the amount of $6,005.00, and recommended to approve the change order.

It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following
voted "aye": Council Members Beach, Polovitz, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 13; voting "nay": none. Mayor Owens declared the motion carried.

15070
August 18, 1997

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 4660, DISTRICT NO. 552

The city engineer's estimate of total cost of the construction of paving in Johnson's 4th Addition in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4660, District No. 552, paving Johnson's 4th Addition, and recommended that we pass a resolution approving the plans and specifications for this construction, and further that the city auditor be directed to advertise for bids.

It was moved by Council Member Hafner and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Hafner introduced the following resolution which was presented and read: Document No. 7344 - Resolution.

It was moved by Council Member Hafner and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS AND DENY PROJECT
FOR SEWER PROJECT NO. 4619, DISTRICT NO. 383

The city auditor presented and read tabulation of bids which had been received and opened on Monday, July 28, 1997 for Sewer Project No. 4619, District No. 383, sanitary sewer on North 55th Street, indicating that Duckstad Contracting was low bidder.

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4619, District No. 383, and recommended that we terminate the project, and reject the bids.