Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 7, 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, June 7, 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 - 13; absent: Council Member Martinson - 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.
CONGRESSIONAL ADVISORY COMMITTEE REPORT
Council Member Hafner reported that the report had been placed on the council members desks, and the latest developments with the Congressional housing with the minutes of the last two meetings, and that there are 76 unsold houses at present. It was moved by Council Member Beyer and seconded by Council Member Babinchak to receive and file. Carried 13 votes affirmative.
APPROVE MINUTES
Typewritten copies of the minutes of the regular meetings held on November 16, 1998, February 16, 1999, March 1, 1999 and March 15, 1999, were presented and read. It was moved by Council Member Carpenter and seconded by Council Member Glassheim that these minutes be approved as read. Carried 13 votes affirmative.
SUSPEND AGENDA
It was moved by Council Member Carpenter to suspend the agenda to move items from Planning & Zoning Commission reports: item re. final plat of University Village Addition; item re. matter of final approval of University Village PUD; and item re. final plat of Birkholz 7th Addition, to become items under presenting of ordinances. Council Member Hafner seconded the motion. Carried 13 votes affirmative.
CONTINUE MATTER OF FINAL PLAT AND SECOND
READING OF ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF COUNTRY VIEW
SECOND RESUBDIVISION TO JUNE 21, 1999
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 Country View Second Resubdivision to the city of Grand Forks, North Dakota,” which had been introduced on its first reading on May 17, 1999 and upon which public hearing had been scheduled for this evening, was presented and read.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor 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 Tim Christian, managing partner on behalf of Country Development, LLP, for final approval of a plat of Country View Second Resubdivision to the city of Grand Forks, North Dakota, (located ease of Belmont Road and north of Adams Drive) including several variances to the subdivision regulations as noted in the review comments, and recommended tabling until June 21, 1999.
It was moved by Council Member Klave and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 13 votes affirmative.
CONTINUE SECOND READING OF ORDINANCE TO
AMEND ZONING MAP TO INCLUDE WITHIN R-2
DISTRICT ALL OF COUNTRY VIEW SECOND
RESUBDIVISION TO JUNE 21, 1999
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 include within the R-2 (One and Two-Family Residence) District, all of the Country View Second Resubdivision to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on May 17, 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 Tim Christian, managing partner, on behalf of Country Development, LLP, 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 R-2 (One and Two Family Residence) District all of the Country View Second Resubdivision to the city of Grand Forks, North Dakota (located east of Belmont Road and north of Adams Drive), and recommended tabling until June 21, 1999.
It was moved by Council Member Babinchak and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 13 votes affirmative.
CONTINUE MATTER OF FINAL PLAT, AND SECOND
READING OF ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AND DEDICATED ON PLAT OF LOTS 2 AND 3, BLOCK
1, PERKINS FIFTH 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 Replat of Lots 2 and 3, Block 1, Perkins Fifth Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on May 17, 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 Pribula Engineering and Surveying on behalf of David J.Parker for final approval of a Replat of Lots 2 and 3, Block 1, Perkins Fifth Addition to the city of Grand Forks, North Dakota (located west of South Columbia Road and north of 40th Avenue South), and recommended tabling for one month.
It was moved by Council Member Carpenter and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 13 votes affirmative.
CONTINUE SECOND READING OF ORDINANCE TO
AMEND ZONING MAP TO INCLUDE WITHIN PERKINS
3RD PUD, CONCEPT DEVELOPMENT PLAN, AMENDMENT
NO. 1, LOTS 2 AND 3, BLOCK 1, PERKINS 5TH 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 Perkins 3rd Planned Unit Development (PUD), Concept Development Plan and to include within the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan, Amendment No. 1, Lots 2 and 3, Block 1, Perkins 5th Addition, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on May 17, 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 Jerry Pribula on behalf of Dave Parker for final approval of an ordinance to amend the Zoning Map to exclude from the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan, and to include within the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan, Amendment No. 1, (located west of Columbia Road and between 36th Avenue South and 40th Avenue South), and recommended tabling for one month.
It was moved by Council Member Hafner and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.
CONTINUE SECOND READING OF ORDINANCE TO
AMEND ZONING REGULATIONS RE. MOBILE HOME
TIE-DOWN CRITERIA TO JUNE 21, 1999
An ordinance entitled “An ordinance amending Section 18-0212(9)(F) of the Grand Forks City Code relating to mobile home tie-down criteria”, which had been introduced and passed on its first reading on May 3, 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 Tim Manz on behalf of the Building Inspections Office 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 18-0212(9)(F) Mobile Home Tie-Down Criteria”, and recommended tabling until June 21, 1999.
It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.
CONTINUE SECOND READING OF ORDINANCE TO
AMEND ZONING MAP TOP INCLUDE ALL OF LOT
C, BLOCK 1, LARRY’S RESUBDIVISIION, WITHIN
B-1 (LIMITED BUSINESS) DISTRICT
An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the 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 continued until 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 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 indefinitely.
It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ADOPT ORDINANCE NO. 3795, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE 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 held on May 17 and upon which the second reading of the ordinance was tabled, 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 had comments to make on this matter.
Dennis Potter, city planner, introduced Dr. Ken Baker, president of the University of North Dakota, who will do presentation along with his staff on this issue.
Dr. Baker, president of the University of North Dakota, reported that the University has been talking about the University Village for some period of time and in September/October of 1998 this body approved the allocation of $1.6 million to help the University with the development of the infrastructure for a University Village; that a provision was added to the approval of the city council at that time which said that the money would be made available to the University if there were in fact a project. He stated that between September/October of 1998 and the present time they have been working on a variety of different initiatives to insure that there would be a project, the first was the development of a Barnes & Noble Bookstore which would become the University bookstore; that they entered into conversations with Altru Hospital about a swap of the Rehab Building on Medical Park for a new facility which they would provide in the Bronson property as part of the University Village, which would become the Family Practice Clinic. He stated that the most important event that occurred between September/October of 1998 and the present time was the announcement on December 17, 1998 by Mr. Ralph Engelstad, who is one of the University’s alumni, of a $100 million donation to the University, half of which would be used for the construction of an ice arena in the Village area as part of the Bronson property and that would be a 12,000 seat arena that would be in that area. He reported they took these matters to the Legislative Session in the spring of 1999, and these items were approved; and that they had a project. He stated that it became clear they needed to engage a professional developer to help them to configure this property in a way in which they could achieve their notion of the University Village in the changed environment of the arena; that they interviewed two firms before concluding a contract with KKE Architects and Engineers of Minneapolis, and they have been working with those professional people as well as with the neighbors, students, etc. on the evolution of the concept before council.
Kathy Henderson, who is a principal with KKE Architects, reviewed design for the Bronson property; that they master planned and looked at the entire site as one cohesive master plan, Gateway Drive is main traffic and intersection with Columbia Road, and sets this site as a major commercial area; the desire of the Clinic and Bookstore to be in close proximity to the University was another driving factor and the placement of the arena. She stated they will be doing studies and will be working with the traffic engineers to try to alleviate the concerns from the residential neighborhoods.
James Gibbs expressed concern about R-3 zones across the street from residential areas; that he wants to go on record that he thinks this is a beautiful project, but doesn’t like four buildings across the street from 6th Avenue to 10th Avenue, and thinks it would be better if the whole front was clear to show the arena.
Jim Rask, 521 Hamline Street, expressed concern with traffic on Hamline, that in talking with Mr. Tonder another issue came up re. 6th Avenue North, the potential for that street to be expanded or widened in the future and taking property on residential side of the street and he suggested that if that does happen, that the property come from the other side of the street. President Baker stated that he doesn’t believe that is what’s being contemplated and they are working with the neighbors and with others on the resolution of these kinds of issues.
P.V. Thorsen, 525 Hamline Street, stated his suggestion would be to limit number of stores along Columbia Road, and put businesses farther back away from the streets; and perhaps City should restrict the demeaning of residential areas.
Sharon Brennan, 531 Hamline Street, lives across the street from where the UND Family Practice would be, and not in favor of that.
Mayor Owens closed the public hearing.
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 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 final approval subject to special conditions shown or attached to the review copy and passage of the ordinance amending the Street and Highway Map.
It was moved by Council Member Hafner and seconded by Council Member Brooks that this recommendation be and is hereby approved.
Council Member Hamerlik stated this is a concept plan, and asked how much more changing could or would be made and what needs to be brought before council or any other group. Mr. Potter stated they are adopting a concept plan, and as move from the concept plan to a detailed development plan and bring that to the Planning Office staff for review, and if market place drives how development occurs, the concept could change; that the key document is the detailed development plan and that provides for input at the staff level and there has been discussion with the University about providing a forum or mechanism for community input as part of that detailed development plan. It was noted that this is detailed concept plan. Mr. Potter stated that they discussed with the University that when they do the detailed development review there will be a process to notify the University neighborhood that is under review and give everybody an opportunity to look at it.
Mr. Swanson, city attorney, stated that unless there were a change in the proposed ingress or egress as shown on the plat or the concept plan, there would be no need for any additional committee action or council action on traffic issues; that with respect to the location or construction of the individual buildings as shown on the plan, would be limited to staff review in the Planning Department; if there is a disagreement between staff and developer, the matter can go to the Planning and Zoning Commission The council no longer reviews building plans, including architectural drawings of building, and that has changed and no longer do that as matter is fully handled by staff; so depending if there are deviations from what is being approved it may come back to one of your committees, but if the detailed development plan is consistent with the concept plan, it will not come back to any of the committees.
There was considerable discussion regarding the concept plan as to traffic in the University Village, parking in the area as well as green space, bikepaths, types of businesses/restaurants in the Village etc.; and it was noted that BRW has been hired to do traffic study, and will be taking recommendations from engineers and incorporating it into the traffic planning study. President Baker stated that they intend to work with the City on the notion of access off of Gateway Drive and have been assured that there is a very strong likelihood that there will be strong sympathy for their request in Bismarck, won’t commit anyone or try to suggest that’s been guaranteed in any way, but have had conversations with necessary folks in Bismarck about the need for some access off of Highway 2.
Mr. Swanson stated that the City does have zoning jurisdiction over the University, and particularly over non-University type functions, and this would fall well outside the scope of any traditional University function and the City does have the authority; and there is a minimum vote requirement for change in zoning maps is three-fourths of all members of the city council, or if less than three-quarters are present, the unanimous vote of all those present.
The city auditor asked for clarification on the technical changes to the plat and PUD Concept Plan, and it was noted that the technical corrections 1. and 2. apply only to the plat. Mr. Swanson reported that those particular technical corrections are not included on the recommendation from Planning & Zoning and should be separately acted upon as an amendment by the city council.
It was moved by Council Member Hafner and seconded by Council Member Carpenter to amend to the technical changes under Plat 1. and 2. Carried 13 votes affirmative.
Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried and the ordinance adopted.
ADOPT ORDINANCE NO. 3796, AMENDING ZONING MAP
TO INCLUDE WITHIN UNIVERSITY VILLAGE PUD (PLANNED
UNIT DEVELOPMENT), 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 on its first reading on April 19, 1999, and upon which public hearing had been held on May 17, and upon which the second reading of the ordinance was tabled, 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 had comments to make on this matter. There were none and the public hearing was closed.
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 final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map.
It was moved by Council Member Hafner and seconded by Council Member Carpenter that this recommendation be and is hereby approved, and further to include the additional technical changes under Plat 1. and 2. Carried 13 votes affirmative.
Council Member Glassheim stated that if they approve the buildings on the Plan, they cannot delete them, but could be included at a later time either in the same place or another location; and moved to delete the four buildings along Columbia Road from 6th to 10th Avenues North from the Concept Plan. Council Member Polovitz seconded the motion.
Upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Bouley, Glassheim, Klave, Beyer, Babinchak, Polovitz, Hamerlik - 7; voting “nay”: Council Members Carpenter, Lunak, Bakken, Hafner, Brooks, Lucke - 6. Mayor Owens declared the motion carried.
Upon call for the question on the original motion, as amended, and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
COUNCIL MEMBERS HAFNER AND HAMERLIK EXCUSED
ADOPT ORDINANCE NO. 3797, AMENDING 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 held on May 17, and upon which the second reading of the ordinance was tabled, 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 had comments to make on this matter. There were none.
The City Planning and Zoning Commission reported having considered the matter of the request from 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 part of the Northwest Quarter of Section 17, Township 151 North, Range 50West of the 5th Principal Meridian (located south of 17th Avenue South and two branches of the English Coulee), and recommended approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map.
It was moved by Council Member Carpenter and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 11; voting “nay”: none. Mayor Owens declared the motion carried and the ordinance adopted.
COUNCIL MEMBER KLAVE EXCUSED
SUSPEND AGENDA
Council Member Carpenter moved to suspend the agenda to move up for immediate consideration of items 7-33, matter of Grand Forks Homes incentive program, and 7-41, matter of Burdick Court window issue. Council Member Babinchak seconded the motion. Carried 10 votes affirmative.
CONSIDER MATTER OF GRAND FORKS HOMES
INCENTIVE PROGRAM
Committee No. 4, Urban Development, reported having considered the matter of Grand Forks Homes Incentive Program (request by 11 homebuyers), and recommended to pay each of the ten original homeowners $5,000 each and asked staff to find the source of the funds.
It was moved by Council Member Beyer and seconded by Council Member Glassheim that this recommendation be and is hereby approved.
Council Member Lunak stated that the council had voted to eliminate the incentive program, and questioned whether the incentive program was for only ten people. It was noted that it was.
COUNCIL MEMBERS HAFNER, HAMERLIK AND
KLAVE REPORTED BACK
Joel Manske, Housing Authority, reported that the intention was that due to the update in the accelerated sales they would have some carrying cost savings and some of the unobligated funds that are saved through the acceleration of the sales would be freed up to fund these ten units. He stated that down payment assistance program is not administered by Grand Forks Homes but by the City of Grand Forks.
Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.
AUTHORIZE GRAND FORKS HOMES TO UTILIZE
PORTION OF CARRYOVER FUNDS TO REPLACE
WINDOWS IN HOUSES IN BURDICK COURT
Committee No. 4, Urban Development, reported having considered the matter of Burdick Court window issue, and recommended to authorize Grand Forks Homes to utilize some of the carryover funds to replace the windows to the satisfaction of the homeowners in question on Burdick Court.
It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved.
Council Member Carpenter moved an amendment to the motion to delete the specific direction to fix and authorize Grand Forks Homes to utilize carrying cost funds for resolving the issue.
Council Member Hafner seconded the motion.
Mr. Manske stated that Grand Forks Homes has taken the window issue very seriously, doesn’t agree that they are putting it off but there is some concern about their legal obligation/position they put themselves if they immediately replace the windows within these units, not yet having an understanding of what’s causing the moisture issues within these households; and they are trying to identify and find the correct and appropriate corrective action before they take that action; but to allow them to identify what the issue is and define the scope of work and the necessary corrective action.
Loralyn Maixner, 437 Burdick Court, stated she and several residents of Burdick Court (incl. Scott Borden, 434 Burdick Ct.) were present and showed pictures of window problems (that windows leak and are not quality windows) and they have been dealing with these windows and Grand Forks Housing since last April as well as with the contractors.
Upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Glassheim, Carpenter, Babinchak, Bakken, Hafner - 5; voting “nay”: Council Members Lunak, Klave, Beyer, Brooks, Polovitz, Lucke, Hamerlik, Bouley - 8. Mayor Owens declared the amendment defeated.
Upon call for the question on the motion and upon roll call vote, the following voted “aye”: Council Members Lunak, Klave, Beyer, Brooks, Polovitz, Lucke, Hamerlik, Bouley - 8; voting “nay”: Council Members Carpenter, Babinchak, Bakken, Hafner, Glassheim - 5. Mayor Owens declared the motion carried.
HOLD PUBLIC HEARING ON URBANIZED AREA
FORMULA GRANT
The city auditor reported that public hearing had been scheduled before the city council this evening for consideration of the Transit Operating and Capital Assistance under 49 USC 5307 (formerly Section 9) of the Urban Mass Transportation Act of 1964 as amended and notice of the public hearing had been published as required. (Grant award $579,292)
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.
It was moved by Council Member Beyer and seconded by Council Member Klave to authorize proper City officials to execute the grant agreement. Carried 13 votes affirmative.
APPROVE APPLICATION FOR MOVING PERMIT
TO MOVE BUILDING TO 902 COTTONWOOD STREET
FOLLOWING PUBLIC HEARING
The city auditor reported that the notice of public hearing on the application by Brenda Draheim to move a building from 805 Campbell Drive to 902 Cottonwood Street to be used as a garage, 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 moving permit by Brenda Draheim to move building from 805 Campbell Drive to 902 Cottonwood Street to be used as a garage, and recommended to approve the application, subject to the public hearing.
It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved, and further that Ms. Draheim be and is hereby authorized to move the building subject to meeting conditions established. Carried 13 votes affirmative.
APPROVE ASSESSMENTS, SNOW REMOVAL PROJECT
NO. 4976
The city auditor presented and read the assessments as certified to him by the superintendent of streets on Snow Removal Project No. 4976 in the amount of $600.00, and reported that the legal notice to the public that these assessments would be presented to the city council this evening had been published as required, and further that no protests or grievances had been filed with his office.
Mayor Owens asked if there was anyone in the audience who had comments to make on these assessments. There were none.
It was moved by Council Member Babinchak and seconded by Council Member Bakken that these assessments be and are hereby accepted and confirmed, and that they be levied against the property benefited in one annual installment of principal, to be collected with other taxes by the proper authorities. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner - 13; voting “nay”: none. Mayor Owens declared the motion carried.
ADOPT RESOLUTION VACATING UTILITY AND
SIDEWALK EASEMENTS LYING BETWEEN
LOTS 7 AND 8, BLOCK 8, MEDVUE ESTATES 2ND
ADDITION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the utility and sidewalk easements lying between Lots 7 and 8, Block 8, Medvue Estates 2nd Addition, 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 Beyer and seconded by Council Member Glassheim that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 13 votes affirmative.
Council Member Beyer introduced the following resolution which was presented and read: Document No. 7778 - Resolution.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Carried 13 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING PROJECT NO. 5006, DISTRICT
NO. 127
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 127, Project No. 5006, street lighting on Chestnut Street, had expired on May 27, 1999, and that he had received no written protests.
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 Beyer introduced the following resolution as to protests which was presented and read: Document No. 7779 - Resolution.
It was moved by Council Member Beyer and seconded by Council Member Glassheim that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 127, Project No. 5006, as no protests were filed and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING PROJECT NO. 5007, DISTRICT
NO. 128
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 128, Project No. 5007, street lighting in Johnson’s 2nd, 3rd and 4th Additions, Unplatted Parts and Gardenview Estates First Addition (on 11th Avenue South, South 40th Street, 14th Avenue South, 15th Avenue South and on South 38th Street), had expired on May 27, 1999, and that he had received no written protests.
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 Beyer introduced the following resolution as to protests which was presented and read: Document No. 7780 - Resolution.
It was moved by Council Member Hafner and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 128, Project No. 5007, as no protests were filed and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING PROJECT NO. 5008, DISTRICT NO. 129
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 127, Project No. 5008, street lighting on 36th Avenue South and Balsam Circle, had expired on May 27, 1999, and that he had received no written protests.
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 Beyer introduced the following resolution as to protests which was presented and read: Document No. 7781 - Resolution.
It was moved by Council Member Babinchak and seconded by Council Member Hafner that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 129, Project No. 5008, as no protests were filed and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
DETERMINE SUFFICIENCY OF PROTEST ON STREET
LIGHTING PROJECT NO. 5009, DISTRICT NO. 130
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 130, Project No. 5009, street lighting on North 51st Street in Rydell West Resubdivision, had expired on May 27, 1999, and that he had received written protests representing 78% of the assessment district. .
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter.
Timothy Dittus, attorney, representing Sherman Associates and Gateway Terrace, Inc., the owners of Lot 1, Block 1 and Lot 1, Block 2, Airport 3rd Resubdivision, included within Lighting District No. 130, stated that these two entities represent greater than 51% of the area included in this special assessment district and asked the council to vote against the adoption of the resolution of necessity.
It was moved by Council Member Hafner and seconded by Council Member Babinchak that we do hereby find and determine a sufficiency of protest against Street Lighting District No. 130, Project No. 5009, as protests received represent 78% of the assessment district and further that the project be discontinued. Carried 13 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON
STREET LIGHTING PROJECT NO. 5011, DISTRICT
NO. 131
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 131, Project No. 5011, street lighting on
South Pines Court, had expired on May 27, 1999, and that he had received no written protests.
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 Hafner introduced the following resolution as to protests which was presented and read: Document No. 7782 - Resolution.
It was moved by Council Member Hafner and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 131, Project No. 5011, as no protests were filed and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING PROJECT NO. 5024, DISTRICT NO. 132