Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 17, 1999
The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, May 17, 1999 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; absent: none.
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.
SUSPEND AGENDA TO ADD ITEM UNDER NEW
BUSINESS
Council Member Carpenter moved to suspend the agenda and to include the following items under New Business: appointment of governmental structure advisory committee. It was seconded by Council Member Hamerlik. Carried 14 votes affirmative.
CONGRESSIONAL ADVISORY COMMITTEE REPORT
Council Member Hafner reported that their committee hasn’t met since the last council meeting but that he has an update on the houses sold and closed; that as of this afternoon they have 24 houses sold and closed; an additional 77 with purchase agreements. He stated that as of the $10,000 incentives 100 available and 75 of those have applications; that of the low to moderate income incentive which is $20,000, there are 17 available and 15 applications to date. He reported they set up an on-site office at 5125 West Plum and the request for proposals on the property management were due on Friday, May 14 and committee will be dealing with them next Wednesday.
Joel Manske reviewed difference between punch list and warranty type work and that the final inspections that are taking place involve both, a portion are including the staff from Mortenson Engineering and punch list items, those items that are substantial completion type work orders that need to be done prior to their acceptance; other item is warranty work and houses have been there for up to a year and warranty period has expired with the general contractor and staff is trying to make sure those houses are sale ready and doing some final inspections on the units.
PRESENTATION FROM OTTO BREMER FOUNDATION
Dwaine Espegard, Bremer Bank, stated that there are many good causes that the City does, that they work through a grant organization of the Bremer Bank and Otto Bremer Foundation, and that a good cause was put to them a short while ago on youth work for the summer and training during the flood time and presented a check for $100,000 to take care of that. Mayor Owens thanked Mr. Espegard and the Bremer Bank for the funds and for their dedication to our community and interest in all aspects.
APPROVE MINUTES OF VARIOUS COUNCIL MEETINGS
Typewritten copies of the minutes of the city council meetings held on September 21, 1998; October 5, 1998 (special); October 5, 1998; October 29, 1998; December 7, 1998; January 19, 1999; and February 1, 1999 were presented and read. It was moved by Council Member Martinson and seconded by Council Member Beyer that these minutes be approved as read. Carried 14 votes affirmative.
CONSIDER RECOMMENDATION RE. METROPOLITAN
LONG-RANGE TRANSPORTATION PLAN UPDATE
The city auditor presented the matter of the recommendation for proposed ordinance re. Metropolitan Long-Range Transportation Plan Update and for final approval to amend the text of the Land Development Code.
Mayor Owens scheduled forty-five minutes for the public hearing for discussion from the audience, and opened the public hearing on the matter of the Metropolitan Long-Range Transportation Plan update.
Mike Dehlorey, 2303 Belmont Road, stated he has been asked to represent some of the views of the surrounding neighborhood in regards to the Elks T bridge. He stated their neighborhood is not against growth, cooperation or the possible needs for a future bridge but disagree with the selection that the MPO produced out of this mediation. He stated they are asking the council to adopt the recommendation of the Planning and Zoning Commission which stated “..to accept the MPO Plan with a bridge but without a designated location at this time. Based on further study of population and transportation needs in the future”.
Also appearing in opposition to the bridge location because of safety issues, effects on property values, etc. and asking council to approve the recommendation of the Planning Commission, were:
Patrick Fisher, 2801 Belmont Road.
David Vigland, 2326 Belmont Road
Janet Rex, 416 25th Avenue South
Nancy Soonpaa, 2218 Belmont Road
Jerry Moran, 605 24th Avenue South
Henn Soonpaa, 2218 Belmont Road
The following individuals who were on the Minnesota/4th Avenue corridor study or residents of the area stated it was important to settle the bridge area, that traffic from the southend of East Grand Forks which is a rapidly growing area will go over the Point Bridge and onto Minnesota/4th Avenues where residents have lived with a lot of traffic in a poorly structured environment to handle that traffic; important to facilitate some of the traffic toward the 32nd Avenue South business district that is developing; important for the city to develop and important for our transportation corridors to be appropriate and need to move ahead:
Ann Sande, 1110 Belmont Road
Lonnie Winrich, 606 South 4th Street
Theron Nelson, 505 South 6th Street
There were no further comments from the audience and Mayor Owens closed the public hearing.
The Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks-East Grand Forks Metropolitan Planning Organization (GF-EGF MPO) to present the Metropolitan Long-Range Transportation Plan Update and for final approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 8, Comprehensive Plan, Section 18-0802, pertaining to the Grand Forks-East Grand Forks Transportation Plan Update (1999 Street and Highway, Transit, Bikeway and pedestrian Elements), together with all maps, information and data contained therein and approval of a resolution amending same; and recommended final approval of the Grand Forks-East Grand Forks Transportation Plan Update 1999 without designation of a specific bridge crossing location. Further, the MPO should continue to study the need for a specific bridge crossing after the 2000 census data is available and the data from the next comprehensive traffic count update is available. Recommend approval of the recommendation.
It was moved by Council Member Martinson and seconded by Council Member Hafner that this recommendation be and is hereby approved.
Council Member Beyer, member of the MPO, stated that the Grand Forks City plan does not have to meet the MPO plan, the MPO plan is the one that is recognized by the federal government and is the one that if not adopted we will lose federal funding. She stated that the MPO plan has a 20-year horizon and in 20 years our bridges will be deficient, will have enough growth and traffic that in 20 years our three existing bridges will be deficient. She stated that the intersection of DeMers and Washington will be deficient if do the do-nothing option, traffic on Minnesota and 4th will throw Washington and DeMers into deficiency which will require a diamond intersection, the diamond intersection means they have a high potential of losing the use of the Central Fire Station; and potential of losing those businesses on that corner, those will be the City of Grand Forks and State of North Dakota’s cost. She stated they discussed all of these things at the consensus meeting and those were some of the reasons they decided it was time to site a bridge location; that there were many reasons why Elks Drive was chosen: that there is a dike opening outlined by the Corps to act as the park land and the greenway entrance at Elks Drive, that if they site this now when the greenway is in construction, don’t have to deal with impact statements to a park, that if site this later and have to meet that requirement, it becomes expensive; that because traffic has to stop at that T and go either right or left, it is a normal slow-down barrier; that the Park District had some input and they felt that the Elks T was less of an impact to their golf course than 17th Avenue South; that if they name a site now, wouldn't have to do any further impacts to park lands, when site is chosen any street on that corridor has to be upgraded to assume that the bridge is there, Elks Drive is a short street, chances of modification to that are minimal. She stated that the East Grand Forks Planning and Zoning Commission approved the plan but also amended to include 17th, that she hasn’t discussed this with anyone from East Grand Forks but if don’t have a recommendation from the city council that supports Elks, that 17th is in the mix again and neighborhoods have to know that.
Council Member Babinchak stated that she didn’t think this was the time to make a designated site, that there are a lot of construction projects going on in both communities that have made traffic issues extremely difficult all over town and in order to properly designate a bridge location traffic studies after some of the flood recovery issues have been dealt with to properly see where a location should be, that she agrees there will be a bridge deficiency in 20 years and will have to make a decision. Council Member Beyer stated it was her understanding that the street that has to meet the plan is the immediately impacted street, which would be Elks Drive, may mean they would need an intersection improvement, right hand turn lanes, but wouldn’t have to follow to every corridor because not showing any deficiencies on those corridors with the projected traffic flow. Earl Haugen, MPO, stated that the issue of improving the roadway would be the pavement condition that would dictate, wouldn’t be the traffic volume, it’s a pavement management issue and not addressed as part of the planning process. There was some discussion re. traffic flow; that there will be a decrease in traffic north of 17th Avenue on Belmont Road 20 years from now.
Mr. Haugen reported that on December 10 the MPO Board met to try to adopt a long-range transportation plan, knew in 1997 that we should have an update to our plan, were given a year reprieve because of the flood, December 31, 1998 were told was the deadline, and December 10 the Board could not reach agreement on a long range plan but did agree to go through the mediation process that continued the fund to June 11, 1999.
After further discussion it was moved by Council Member Glassheim and seconded by Council Member Carpenter to amend the motion from the Planning and Zoning Commission to add a Merrifield truck bridge and the Elks T bridge as recommended by the MPO and recommended that we divide the question in the amendment.
It was moved by Council Member Beyer and seconded by Council Member Glassheim to split the question and deal with the Merrifield bridge first. Carried 14 votes affirmative.
Council Member Beyer reported that the MPO designated the Merrifield Road bridge would be the high and dry bridge as more feasible to do it at Merrifield Road than in town because of grades, etc.; that right now have all the industrial chemicals coming down South Washington going through neighborhoods and through the middle of town to get out to the AG depot and if had the Merrifield Road bridge it would also alleviate some of the beet traffic and some of the farm equipment traffic that now moves through DeMers Avenue.
Upon call for the question on the amendment relating to the Merrifield bridge and upon voice vote, the motion carried 14 votes affirmative.
After further discussion and upon call for the question on the amendment relating to the Elks T bridge as recommended by the MPO and upon roll call the following voted “aye”: Council Members Glassheim, Carpenter, Beyer, Brooks, Lucke, Hamerlik - 6; voting “nay”: Council Members Bouley, Lunak, Klave, Babinchak, Bakken, Hafner, Martinson, Polovitz - 8. Mayor Owens declared the motion defeated.
Upon call for the question on the motion, as amended (to include Merrifield Road), and upon roll call the following “aye”: Council Members Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson, Brooks, Polovitz, Lucke, Hamerlik, Bouley - 14; voting “nay”: none. Mayor Owens declared the motion carried.
Council Member Beyer notified neighborhoods that the MPO meeting is scheduled for June 1 at 5:00 p.m. and the East Grand Forks Planning and Zoning has also amended the plan to include 17th Avenue South, and that Elks Drive and 17th Avenue South people should be at that meeting.
RECESS MEETING FOR 5-MINUTES
Mayor Owens called for a 5-minute recess at 9:25 p.m. The meeting was called back to order at 9:30 p.m. with all members present except Council Member Lunak.
TABLE FINAL PLAT AND PUBLIC HEARING AND
SECOND READING OF ORDINANCE TO AMEND THE
STREET AND HIGHWAY PLAN TO INCLUDE PLAT
OF UNIVERSITY VILLAGE 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 University Village Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on March 16, 1999 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.
Mayor Owens called for the public hearing to see if there was anyone in the audience who had comments to make on this matter. There were none and Mayor Owens closed the public hearing.
The Planning and Zoning Commission reported having considered the matter of the request from Rick Toner on behalf of the University of North Dakota for final approval of the plat of University Village Addition to the city of Grand Forks, North Dakota, being a part of the Northeast Quarter of Section 5, Township 151 North, Range 50 West of the 5th Principal Meridian (located between Gateway Drive (U.S. Highway 2) and 6th Avenue North and between North Columbia Road and the English Coulee, and recommended tabling the request.
It was moved by Council Member Polovitz and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.
TABLE FINAL APPROVAL OF ORDINANCE TO
` AMEND THE ZONING MAP TO INCLUDE WITHIN
UNIVERSITY VILLAGE PUD, CONCEPT DEVELOPMENT
PLAN, ALL OF UNIVERSITY VILLAGE ADDITION AND
ALL OF COLUMBIA 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 U-D (university) District and to include within the University Village PUD (Planned Unit Development), Concept Development Plan, all of University Village Addition and all of Columbia Addition, being the Northeast Quarter of Section 5, Township 151 North, Range 50 West of the Fifth Principal Meridian, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on April 19, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
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 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 Rick Tonder on behalf of the University of North Dakota for final approval of the University Village PUD (Planned Unit Development), Concept Development Plan, all of the University Village Addition and all of Columbia Addition, Grand Forks, North Dakota (located between Gateway Drive (U.S. Highway 2) and 6th Avenue North and between North Columbia Road and the English Coulee), and recommended tabling the request.
It was moved by Council Member Babinchak and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.
TABLE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF BIRKHOLZ 7TH 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 Birkholz 7th Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on April 19, 1999, 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 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 Marvin and Violet Birkholz for final approval of the plat of Birkholz 7th Addition to the city of Grand Forks, North Dakota, being a part of the Northwest Quarter of Section 17, Township 151 North, Range 50 West of the 5th Principal Meridian (located south of 17th Avenue South and two branches of the English Coulee), and recommended tabling the request.
It was moved by Council Member Martinson and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 13 votes affirmative.
COUNCIL MEMBER LUNAK REPORTED BACK
ADOPT ORDINANCE NO. 3791, RELATING TO
LAND DEVELOPMENT CODE, USES PERMITTED
AND CONDITIONAL USES IN A-1 (LIMITED
DEVELOPMENT) DISTRICT
An ordinance entitled “An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2. Section 18-0206. (2) Uses Permitted and Section 18-0206, (3) Conditional Uses”, which had been introduced and passed on its first reading on April 19, 1999, 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 upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from the Planning Department for final approval of an ordinance to amend the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0206(2) Uses Permitted and Section 18-0206(3) Conditional Uses, and recommended final approval and passage of the ordinance amending the Land Development Code. Council Member Lunak and Council Member Martinson moved the recommendation for approval.
Upon call for the question of adoption of this ordinance and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO 3792, RELATING TO LAND
DEVELOPMENT CODE REGARDING PROCEDURES
UPON ANNEXATION
An ordinance entitled “An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, repealing subsection 18-0205(5)(D) regarding procedures upon annexation”, which had been introduced and passed on its first reading on April 19, 1999, 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 upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from the Planning Department for final approval of an ordinance to amend the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0205(5) Procedures upon Annexation (D), and recommended final approval and passage of the ordinance amending the Land Development Code. Council Members Bakken and Lunak moved recommendation for approval.
Upon call for the question of adoption of this ordinance and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3793 RELATING TO LAND
DEVELOPMENT CODE, RELATED TO ADVERTISING
SIGN SIZE IN CERTAIN SECTION OF U.S. HIGHWAY #2
An ordinance entitled “An ordinance relating to the Land Development Code, Chapter VIII of the Grand Forks City Code of 1987, as amended, amending Article 2. Zoning, Section 18-0301(6)(c) related to advertising sign size in a certain section of U.S. Highway #2”, which had been introduced and passed on its first reading on April 19, 1999, 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 upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Newman Outdoor Advertising for final approval of an ordinance to amend the Land Development Code, Article 2, Zoning, Section 18-0301(6)(C) related to advertising sign size in a certain section of U.S. Highway No. 2, and recommended final approval and passage of the ordinance amending the Land Development Code. Council Members Babinchak and Beyer moved recommendation for approval.
Upon call for the question of adoption of this ordinance and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3794, AMENDING LAND
DEVELOPMENT CODE, ZONING, RE FRONT YARD
REQUIREMENTS IN CERTAIN DISTRICTS
An ordinance entitled “An ordinance relating to the Grand Forks City Land Development Code, amending Chapter XVIII, Article 2, Zoning; Section 18-0208, R-1 Single Family Residence District, subsection (8), front yard requirements; Section 18-0209, R-2 One and Two-Family Residence District, subsection (8), front yard requirements; Section 18-0210, R-3 Multiple-Family Residence, Medium Density District, subsection (8), front yard requirements; Section 18-0211, R-4 Multiple-Family Residence, High Density District, subsection (8), front yard requirements, and Section 18-0304, Yards, subsection (9)”, which had been introduced and passed on its first reading on April 19, 1999, 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 upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from the Planning Department for final approval of an ordinance to amend the Land Development Code, Chapter XVIII of he Grand Forks City Code of 1987, as amended, amending Article 2, Zoning, Section 18-0208 R-1 Single Family Residence District, subsection (8), front yard requirements; Section 18-0209, R-2 One- and Two-Family Residence Districts, subsection (8), front yard requirements; Section 18-0210, R-3 Multiple-Family Residence, Medium Density District, subsection (8), front yard requirements; Section 18-0211, R-4 Multiple-Family Residence, High Density District, subsection (8), front yard requirements; and Section 18-0304, subsection (9); and recommended final approval and passage of the ordinance amending the Land Development Code. Council Members Beyer and Hafner moved the recommendation for approval.
Upon call for the question of adoption of this ordinance and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.
TABLE SECOND READING OF ORDINANCE TO
AMEND THE ZONING MAP TO INCLUDE WITHIN
B-1 (LIMITED BUSINESS) DISTRICT ALL OF LOT C,
BLOCK 1, LARRY’S 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-1 (Light Industrial) District and include within the B-1 (Limited Business) District all of Lot C, Block 1, Larry’s Resubdivision to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on April 19, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
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 upon the audience to see if here was anyone present who had comments to make on this matter. There were none.
The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Steve Kalenze on behalf of Kristi Hall-Jiran for final approval of an ordinance to amend the Zoning Map to exclude from the I-1 (Light Industrial) District and to include within the B-1 (Limited Business) District Lot C, Block 1, Larry’s Resubdivision (located at 931 2nd Avenue North), and recommended tabling the request.
It was moved by Council Member Babinchak and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ADOPT RESOLUTION AUTHORIZING ISSUANCE
OF MUNICIPAL INDUSTRIAL DEVELOPMENT
REVENUE NOTE FOR CORPORATE CENTER POJECT
SERIES 1999A
The city auditor presented the matter of the proposal of taxable Corporate Center Building Bonds, Series 1999A and reported that the public hearing has been held on this matter.
Committee No. 1, Finance, reported having considered the matter of taxable Corporate Center Building Bonds, Series 1999A and recommended to adopt a resolution authorizing the issuance of taxable Corporate Center Building bonds, Series 1999A to finance the cost of acquisition and construction of two office buildings in the amount of $5,665,000 for 18 years and authorize proper City officials to enter into an indemnity agreement with Lawyers Title Insurance Corporation.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Carpenter introduced the resolution authorizing the issuance of a Municipal Industrial Development Revenue Note under North Dakota Century Code, Chapter 40-57: Document No. 7751 - Resolution.
Member Brooks seconded the above resolution and upon vote being taken thereon the following voted in favor: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; and the following voted against the same: none; and the following were absent and not voting: none; whereupon the resolution was declared duly passed and adopted.
TABLE MATTER OF APPLICATION FOR MOVING
PERMIT INDEFINITELY
The city auditor reported that the application to move building from 201 South 3rd Street to 307 Division Avenue (commercial building) had been considered by the city council on April 5, 1999 and the council continued the public hearing (and referred the matter to the Urban Development Committee) and will need to table this matter indefinitely until the location can be found for the building.
It was moved by Council Member Beyer and seconded by Council Member Babinchak to continue the public hearing indefinitely.
Mr. O’Leary reported that they have not declared the property next to the Radiator Shop as surplus, that they are under a requirement with the Historical Mitigation agreement to find a location for the “boom town” building, and in the event that no other alternative is available, it may be back on council’s desks; that there are other individuals who have expressed an interest in that lot.
Upon call for the question, the motion carried 14 votes affirmative.
REFER CONSENT AGENDA ITEMS TO COMMITTEE
It was moved by Council Member Hafner and seconded by Council Member Beyer that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 14 votes affirmative.
Finance Committee:
1) matter of technical corrections ordinance amending specific sections of the Grand Forks Civil Service Code.
2) request for bids for bank services.
Urban Development Committee:
1) matter of Phase IV surplus property
2) matter of bid extension for 15 and 25 South 3rd Street storefronts
3) matter of South 3rd Street contract change orders And completions
4) matter of policy decision on change ordering historical/surplus properties onto existing demolition bid packages
5) matter of CDBG demolition budget transfers on cost matrix
6) matter of amending Rehab Grant Program in mall zone
REPORTS OF BOARD OF ZONING ADUSTMENT
A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, April 19, 1999, that notice had been published as required and that the following appeals were heard: 1) John D. Scott and Patricia Scott, The Plainsman Motel, 2201 Gateway Drive, have made a request for variance to the landscaping requirements to add parking, and variance approved to allow 90% impervious surface area coverage and to eliminate the buffer yard/landscaping requirement on the east property line in order to improve the parking lot; 2) James Schnellbach, 1911 10th Avenue North, request for variance to the impervious surface area and residential accessory building requirements to build a detached garage, variance approved to allow 51% impervious surface area coverage in order to rebuild a detached garage; 3) Gary Rogalla, 4863 5th Avenue North, request for variance to the accessory building size to build a detached garage, variance approved to allow up to 1,376 sq.ft. of residential accessory building area in order to build a detached garage; 4) Charles and Stephanie Pachl, Jr., 1106 Hammerling, request for variance to the residential accessory building requirements to build a detached garage, variance approve to allow up to 1,350 sq.ft. of residential accessory building area in order to build a detached garage; and 5) J.R. Simplot, 3630 Gateway Drive, request for variance to the front yard setback requirement to install new process equipment, with variance to allow 15 ft. of front yard setback to install new process equipment.
A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, May 6, 1999, that notice had been published as required and that the following appeals were heard: 1) EAPC, on behalf of Calvary Lutheran Church, 1405 South 9th Street, request for variance to the impervious surface area requirements to build an addition, variance approved to allow 81% impervious surface area coverage in order to construct an addition; 2) Paul and Terri Endres, 3608 9th Avenue North, request for variance to the residential accessory building requirements to build an addition to the attached garage, variance approved to allow up to one foot of setback and up to 6” of overhang on the east property line in order to construct an attached garage addition; 3) Opp Construction, on behalf of Big Cigs, Valdak Corp., 1207 North 5th Street, request for variance to the landscaping requirements to improve the parking, variance approved to allow a five ft. bufferyard and parking lot setback in order to improve the parking lot; 4) Community Contractors on behalf of Lutheran Student and ND Foundation, 3012 University Avenue, request for variance to the impervious surface area requirements to build an addition, with variance approved to allow 62% impervious surface area coverage in order to build an addition.
It was moved by Council Member Klave and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 14 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 99-08, dated May 17, 1999, and totaling $12,096,104.63, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by Council Member Carpenter and seconded by Council Member Bakken 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 Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.
SUSPEND AGENDA
Council Member Hamerlik moved to abstain from reading the standing committee reports unless someone in the audience or member of the council wishes to have an item pulled and/or if the minutes were not available in packets to council members and/or any meeting was held just prior to this meeting when minutes are not available. Council Member Lunak seconded the motion. Carried 13 votes affirmative; Council Member Glassheim voted against the motion.
AUTHORIZE ENTERING INTO CONTRACT WITH
EVERGREEN LAND SERVICES FOR RELOCATION
AND ACQUISITION SERVICES
Committee No. 1, Finance, reported having considered the matter of contract with Evergreen Land Services for relocation and acquisition services, and recommended to authorize proper City officials to enter into an agreement with Evergreen Land Services Company for relocation and acquisition services.
It was moved by Council Member Babinchak and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE APPLICATION FOR ABATEMENT OF
1998 TAXES ON PROPERTY AT 2801 KNIGHT DRIVE
Committee No. 1, Finance, reported having considered the matter of the application for abatement and settlement of 1998 taxes by Gordon and Verna Buck, 2801 Knight Drive, and recommended approval of an abatement on 2801 Knight Drive for 1998 taxes.
It was moved by Council Member Babinchak and seconded by Council Member Brooks that this recommendation be and is hereby approved; and further that the findings, conclusions and recommendations as prepared by the city attorney be and are hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
DENY REQUEST FOR EXEMPTION OF IMPROVEMENTS
TO PROPERTY AT 2624 OLSON DRIVE
Committee No. 1, Finance, reported having considered the matter of application for exemption of improvements to residential buildings by Steven and Susan Griffin, 2624 Olson Drive, and recommended denial of the request for exemption of improvements to the house at 2624 Olson Drive.
It was moved by Council Member Babinchak and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE REQUEST FOR EXEMPTION OF IMPROVEMENTS
TO PROPERTY AT 1810 11TH AVENUE NORTH
Committee No. 1, Finance, reported having considered the application for exemption of
improvements to residential buildings by Mark and Charlotte Mitchell, 1810 11th Avenue North, and recommended approval of the request for exemption of improvements on 1810 11th Avenue North for a three-year period.
It was moved by Council Member Babinchak and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
AUTHORIZE PURCHASE OF MOWING EQUIPMENT
FOR GROUNDS CREW
Committee No. 1, Finance, reported having considered the matter of grounds crew equipment replacement, and recommended to purchase the mowing equipment from the sole source, prepare a budget amendment in the amount of $8,701.00 using General Fund cash carryover and increase the equipment line item.
It was moved by Council Member Babinchak and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
AUTHORIZE FINANCIAL ASSISTANCE FOR
ATHLETIC TRANSPORTATION FOR PAN AMERICAN
GAMES
Committee No. 1, Finance, reported having considered the matter of request for financial assistance for athletic transportation for Pan American Games, and recommended to approve authorization of up to $15,000 for transportation costs related to the Pan Am Games as Grand Forks is a staging center, that we amend the budget to increase the Contributions line item in the Mayor/Council budget and that it come from the General Fund cash carryover.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved.
Mike Stromberg, UND Athletic Department, spoke in favor of the request.