Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 16, 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, August 16, 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, Klave, Babinchak, Hafner - 10; absent: Council Members Beyer, Bakken - 2.
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.
INTRODUCE ORDINANCE NO. 3807, RELATING TO
NOISY PARTIES
An ordinance entitled “An ordinance amending Section 9-0110 of the Grand Forks City Code relating to noisy parties”, which had been introduced and passed on its first reading on August 2, 1999, was presented and read for consideration on second reading and final passage.
COUNCIL MEMBER MARTINSON REPORTED PRESENT
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, Klave, Babinchak, Hafner, Martinson - 10; voting “nay”: Council Member Glassheim - 1. Mayor Owens declared the ordinance adopted.
COUNCIL MEMBER LUNAK REPORTED PRESENT
POSTPONE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN HAAKE PUD CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 3 TO SEPTEMBER 7, 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 Haake PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 and to include within the Haake PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3”, which had been introduced and passed on its first reading on June 7, 1999, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The Planning and Zoning Commission reported having considered the request from Kevin Ritterman/Dakota Finance and Development on behalf of Bruce McGregor/US Bank for final approval of an ordinance amending the zoning map to exclude from the Haake Planned Unit Development (PUD), Concept Development Plan, Amendment No. 2 and to include within the Haake Planned Unit Development (PUD), Concept Development Plan, Amendment No. 3 (located in the northeastern corner of 13th Avenue South and South Columbia Road), and recommended tabling the request and continuing the public hearing until September 7, 1999.
It was moved by Council Member Hafner and seconded by Council Member Polovitz that this recommendation be and is hereby approved and that the public hearing and second reading of the ordinance be continued to September 7, 1999. Carried 12 votes affirmative.
ADOPT ORDINANCE NO. 3808, AMENDING ZONING
MAP TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT, ALL THAT PORTION OF AUDITOR’S SUB-
DIVISION NUMBER 28
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 include within the I-2 (Heavy Industrial) District, all that portion of Auditor’s Subdivision Number 28 to the city of Grand Forks, not previously zoned as I-2 (Heavy Industrial) District”, which had been introduced and passed on its first reading on June 7, 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 and the public hearing was closed.
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 on behalf of the Engineering Department for final approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) District and to include within the I-2 (Heavy Industrial) District, all that portion of Auditor’s Subdivision Number 28 to the city of Grand Forks not previously zoned as I-2 (Heavy Industrial) District, being a part of the North Half of the SE Quarter of Section 32, Township 152 North of Range 50 West of the 5th Principal Meridian (located north of Valley Contracting), and recommended final approval and passage of the ordinance amending the zoning map. Council Members Hafner and Polovitz 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, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3809, RELATING TO LAND
DEVELOPMENT CODE, RELATING TO SPECIAL
CONDITIONS AND RELATING TO DOWNTOWN DESIGN
REVIEW BOARD
An ordinance entitled “An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Section 18-0217 relating to special conditions, B-4 District and adopting Section 18-0311 relating to downtown design review board”, which had been introduced and passed on its first reading on June 7, 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.
Dennis Potter, city planner, reviewed the background on this item and alerted council to the need to consider a possible amendment that he believes will be presented this evening; that this document originated out of the Downtown Development Commission with their desire to have a design review program for the downtown area and they were looking at that in the context of where that Commission has expended a fair amount of the block grant dollars and they were looking to protect the investment that the community had made in that area. He stated that the Planning Commission put together a draft ordinance which is before the council and after a lot of work by the city attorney, put it in final form. He stated that to complete the process they were in dialogue with the Historic Preservation Commission membership over the need to be sure that they covered all of the issues in a memorandum of agreement between the City and the State Historic Preservation Officer, that one of the stipulations in the Memorandum of Agreement required the City to consider having design review work done on three particular areas: 1) properties individually listed within the National Register of Historical Places; 2) all properties within the National Register of Historic Districts; and 3) the individual properties and all properties within Historic Districts designated by the City as having historical value. He stated those three items were not included in the ordinance before council because the original focus was on the downtown area, and one of the issues you need to consider is whether or not you want to broaden the ordinance to cover those three items; and staff has had conversations with the City’s Urban Development Office and also with the chair of the Urban Development Committee. Mr. Potter also noted that the Planning Commission amended the introduced ordinance which was presented to the council members.
Mayor Owens closed the public hearing.
Council Member Glassheim moved to amend the ordinance by extending the design review process to include 1) properties individually listed within the National Register of Historic Places; 2) all properties within the National Register of Historic Districts; and 3) the individual properties and all properties within Historic Districts designated by the City as having historical value. Council Member Bouley seconded the motion.
Council Member Glassheim stated they were attempting to use the Downtown Design guidelines as a vehicle to accomplish what they said they would do in the Memorandum of Agreement, and that the City will propose a design review process in the form of an ordinance for hearing before the city council and by proposing this amendment, it doesn’t require us to adopt what the State Historical Commission wishes, it requires us to consider a very broad power to review for any historical changes, and this amendment is for debate and discussion tonight, and if we defeat it, it will fulfill our requirement to consider a proposal for a broad powers review of historic changes to all historic buildings in the city. Council Member Hafner asked if this wouldn’t add another layer of review, already have a historical society locally that already reviews.
Lonnie Winrich reported he distributed to each council member last week a letter relating to the Memorandum of Agreement on the Corporate Center and the stipulation that addresses this particular ordinance. He stated that stipulation contains some language which would be applicable to the entire city and there is a requirement in that stipulation that the standards conform with the Secretary of the Interior’s review standards, and that there is another aspect of this that is not addressed in the amendment before you. He stated that in his letter he suggests that this might create a situation of overlapping jurisdiction. He stated that under the ordinance that establishes and empowers the Grand Forks Historic Preservation Commission the authority to review changes in historic properties when those changes involve the use of federal funds or federal permits, and for the past two years the Historic Preservation Commission has done a great deal of that kind of work because so much of the rebuilding of downtown Grand Forks, etc. has been supported by federal funds, and what the motion would extend that to in the case of National Register Historic District, which at the present time there are none in the city, and National Register properties which there are some, is that that authority would apply to whatever design review board you establish, whether the funds involved are federal funds or not. He stated there would be good reasons to have design review guidelines for the downtown area independent of whether you have historic properties or not, that the appropriate board to deal with historic properties is the Historic Preservation Commission and that provision is suggested in the stipulation, there may be good reasons to have design review guidelines outside of historic considerations for the downtown area and a design review team for that purpose might be entirely appropriate. Mr. Winrich stated that the Historic Preservation Commission has been serving as this design review authority essentially for a couple years and in many cases that design review authority has been exercised in a very helpful manner in helping people find appropriate materials and appropriate ways of modifying their property that is in keeping with the historical content and in many cases owners have been pleased with the advise they’ve received through the Commission, and he presumes the design review process would work similarly with whatever agency you set up. He stated that this ordinance part of the Building Code.
Mr. O’Leary reported that the Memorandum of Understanding melds the CDBG and EDA requirements and prior to the demolition of properties in the central business district the Memorandum of Understanding spelled out in some detail what steps the City would need to go through in order to comply with the wishes of the State Historical Preservation Society as well as the local commission; one of the conditions in that Memorandum of Understanding is that the city council will consider or pass the historic preservation ordinance. He stated that the lead agency on pursuing that has been the DDC because most of the properties involved historic characters are in the downtown, however, it was brought to their attention by Mr. Winrich and the Commission that the existing ordinance didn’t go far enough and the ordinance should also consider other historic properties throughout the city. He stated the significance of that is that a building can be nominated for the National Register without the owner’s consent, and a building may find itself in what’s designated as a historic district because they happen to be in the vicinity of other historic buildings and would also get pulled into this ordinance and the amendment that Mr. Glassheim has suggested. He stated that we had to amend the ordinance in order to bring it into compliance with the MOA, one is that we need use the National Trust criteria as our judgment on what’s historic and what’s not, and to expand the ordinance to include all historic properties in the three criteria that Council Member Glassheim pointed out. He stated that if that amendment is discussed, that satisfies the Memorandum of Understanding. He stated that the ordinance has a lot of merit for the central business district, enjoys the support of most of the businesses in the central business district and it brings with it other rewards from tax aid, but also brings a sense of neighborhood, a sense of continuity from building a building, so design criteria are important and esp. in the downtown area. He stated that the amendment on the floor is a different issue and something that requires thoughtful consideration.
Mr. Winrich stated that it is true that a property can be nominated for the National Register without the owner’s written consent or formal consent, however, in order for that nomination to proceed at the local level, hearings are held before the historic Preservation Commission and owners are formally notified of those hearings and invited to appear before the Commission and also at the State level hearings are held before the State Historical Board by the State Historic Preservation Officer, owners are notified of those hearings and to his knowledge a property has never been recommended to the National Park Service for the National Register if the owners object; that courtesy is generally extended to the owners both at the local level and at the State level. He also called their attention to the second recommendation of his letter that the ordinance, as it was amended in Planning and Zoning does not mandate the minimal standards of the Secretary of Interior; there is a clause added that says to the extent that the Board finds reasonable, and in order to satisfy the conditions that you consider an ordinance as described in the Memorandum of Agreement that that stipulation would have to be followed.
Mr. Winrich stated that the ordinance before council is proposed as part of the Zoning Code and pertains to building permits, the ordinance that defines the Historic Preservation Commission and gives the Commission its authority is in a different part of the City Code (in a part of the code relating to Parks) and essentially confers no authority on that Historical Preservation Commission to deny a building permit, still have to satisfy the conditions that are necessary for a building permit, there are always going to be regulations; and it is if the powers that are vested in the Historic Preservation Commission are the ones that are brought into play in this ordinance, that’s an easier approach in trying to preserve the historic nature of Grand Forks neighborhoods. He stated that one of the biggest problems that we face in trying to deal with residential neighborhoods in rehabilitation of residential properties, etc. has been the situation where they might have a very nice historic neighborhood with a lot of nice properties but a few that have been cut up into apartments and deteriorated badly over the years. He stated if there is some appropriate mechanism for trying to avoid that kind of deterioration of our neighborhoods, it is something they should seriously consider.
Mr. Winrich stated that if the two points in his letter are addressed, then he believes the ordinance is in compliance with the Memorandum of Agreement, that there is still the question of overlapping jurisdiction, and that may be something they are comfortable with, that’s a question of policy and not a violation of the Memorandum of Agreement and is something the council should be aware of as they consider this ordinance.
Upon call for the question on the amendment and by voice vote, the motion was defeated by 12 votes.
Council Member Carpenter stated that addressing the Historical Preservation Commission’s other concern, moved an amendment to delete from the proposed ordinance the language to the extent reasonably applicable and appropriated as determined by the Board. Council Member Glassheim seconded the motion.
Upon call for the question and upon voice vote, the motion was defeated.
Council Member Glassheim moved an amendment to page 2 where they have the composition of the Board that in item b) instead of 3 members of the public with professional background in architectural history or architecture would be 1 member of the public with those credentials, 1 member nominated by the DDC or its successor organization and the director of Urban Development or his or her designee. Council Member Hafner seconded the motion.
Mr. Potter stated that this amendment may undo the requirement that a majority of the 7 member body come from the areas of history, architectural history and/or architecture and by changing it in the proposed amendment is not clear that the requirement be met.
Council Member Hamerlik suggested that b) is nominated by the mayor and confirmed by the city council and that it be two members of the public and one appointed by the DDC. Council Member Glassheim accepted this as a friendly amendment.
Upon call for the question on the amendment and upon voice vote, the motion was defeated.
Council Member moved an amendment to the motion that item b) be amended that 2 members of the public with professional background in history, architectural history and/or architecture and that the third member be the director of the Office of Urban Development and his or her designee, nominated by the mayor and confirmed by the city council. Council Member Klave seconded the amendment.
Upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Martinson, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Hafner - 7; voting “nay”: Council Members Brooks, Polovitz, Lucke, Lunak, Babinchak - 5. Mayor Owens declared the motion carried.
Mr. Swanson, city attorney, stated that in light of the past amendment, they will also have to amend the section relating to terms of members unless it is your intent that the director of the Office of Urban Development not be appointed by virtue of his position and that would be an ex officio member with voting rights, and would not be subject to a three-year term. Council Member Carpenter moved an amendment to comply with the city attorney’s requirements for that and with the final language to be drafted by the city attorney. The amendment was seconded by Council Member Hafner.
Upon call for the question on the amendment and upon voice vote, the motion carried 12 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, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3810, AMENDING ZONING
MAP TO INCLUDE WITHIN B-4 (CENTRAL BUSINESS)
DISTRICT, THE FRONT 90 FEET OF LOTS 9 AND 11,
BLOCK 11, TOWN OF GRAND FORKS
An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-1 (Limited Business) District and include within the B-4 (Central Business) District, the front 90 feet of Lots 9 and 11, Block 11, Town of Grand Forks, to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on July 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 no comments and the hearing was closed.
The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Richard D. Geigle on behalf of R.D.G., Inc. for final approval of an ordinance to amend the Zoning Map to exclude from the B-1 (Limited Business) district and to include in the B-4 (Central Business) District, the front 90 feet of Lots 9 and 11, Block 11, Town of Grand Forks, Grand Forks, North Dakota (located at 402 University Avenue), and recommended final approval and passage of the ordinance amending the zoning map. Council Members Hafner and Polovitz moved the recommendation for approval.
Upon call for the question of adoption of the ordinance, and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3811, AMENDING ZONING
MAP TO INCLUDE WITHIN I-2 (HEAVY INDUSTRIAL)
DISTRICT LOTS 1 AND 2, BLOCK 2, INDUSTRIAL
RESUBDIVISION NO. 4 AND ALL OF BLOCKS 2, 3 AND
4, INDUSTRIAL RESBDIVISION NO. 3
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 include within the I-2 (Heavy Industrial) District, Lots 1 and 2, Block 2, Industrial Resubdivision No. 4 and all of Blocks 2, 3 and 4, Industrial Resubdivision No. 3, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on July 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 no comments and the hearing was closed.
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 zoning map to exclude from the A-1 (Limited Development) District and to include within the I-2 (Heavy Industrial) District, Lots 1 and 2, Block 2, Industrial Resubdivision No. 4 and all of Blocks 2, 3 and 4, Industrial Resubdivision No. 3, and recommended final approval and passage of the ordinance amending the zoning map. Council Members Hafner and Polovitz moved the recommendation for approval.
Upon call for the question of adoption of the ordinance, and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.
HOLD PUBLIC HEARING, AND APPROVE APPLICA-
TION BY NORTH CENTRAL MANAGEMENT GROUP,
INC. FOR 5-YEAR PROPERTY TAX EXEMPTION
The city auditor reported that pursuant to the provisions of Section 40-57.1 of the North Dakota Century Code, notice had been given that the city council would meet this evening to consider the application of North Central Management Group, Inc., 525 DeMers Avenue, for a five-year exemption of ad valorem taxation on the expansion of a business project on Lots 3, 5 and half of vacated alley, Block 1, Renewal Resubdivision No. 1 to the city of Grand Forks, North Dakota, which the applicant will use in the operation of his business, and further that 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 no comments and Mayor Owens closed the public hearing.
Committee No. 1, Finance, reported having considered the matter of application for property tax exemption for new or expanding businesses by North Central Management Group, Inc., 525 DeMers Avenue, and recommended approval for a five-year property tax exemption at 100%, 80%, 60%, 40%, 20% for the lots North Central Management Group, Inc. will occupy, subject to the public hearing.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved (100% for the first year, 80% for the second year, 60% for the third year, 40% for the fourth year and 20% for the fifth year). 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, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE APPLICATION FOR MOVING PERMIT
TO MOVE BUILDING TO 918 NORTH 5TH STREET
FOLLOWING PUBLIC HEARING
The city auditor reported that the notice of public hearing on the application by Linus Kalenze to move a building from 1824 North 4th Street to 918 North 5th Street to be used as a dwelling, 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 matter of application for moving permit by Linus Kalenze to move building from 1824 North 4th Street to 918 North 5th Street, and recommended to approve the application for moving permit contingent upon meeting requirements noted by the Inspections Department and subject to the public hearing.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved and further that Mr. Kalenze be and is hereby authorized to move the building subject to meeting conditions established. Carried 12 votes affirmative.
WITHDRAW APPLICATION FOR MOVING PERMIT
TO MOVE BUILDING TO 2414 9TH AVENUE NORTH
The city auditor reported that the notice of public hearing on the application by Patrick and Mary Lunak to move a building from 2503 9th Avenue North to 2414 9th Avenue North to be used as a rental dwelling, 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.
Tim Manz, Inspections Department, reported that Patrick and Mary Lunak would like to withdraw their application for moving permit.
REFER CONSENT AGENDA ITEMS TO COMMITTEE
It was moved by Council Member Klave and seconded by Council Member Brooks that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back.. Carried 14 votes affirmative.
Urban Development Committee:
1) matter of site plan for Prairie Harvest Lodge House
2) matter of South 3rd Street change orders
3) matter of Mortenson change orders
4) matter of demolition of Elks condos
REPORT OF BOARD OF ZONING ADJUSTMENTS
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, July 29, 1999, that notice had been published as required and that the following appeals were heard: 1) Dale Michael Rooker, 623 South 16th Street, request for variance to the impervious surface area, front/side yard setback and accessory building requirements, variance approve to allow only 18 ft. in front of the overhead door and 4 ft. of second front yard setback in order to construct a detached garage; 2) Curtis and Susan Kolbo, 2523 10th Avenue North, request for variance to the residential accessory building requirements to build a detached garage addition, variance approved to allow 2.6” of side yard setback and 1 ft. of rear yard setback in order to build an addition to the detached garage; 3) Laura Shahane, 1809 4th Avenue North, request for variance to the front yard setback requirements to rebuild the front porch, variance approved to allow 21 ft. of front yard setback in order to construct a front porch; 4) Gary Olson, 806 North 25th Street, request for variance in the second front yard setback requirements to build a detached garage, variance approved to allow 4 ft. of second front yard setback in order to construct a detached garage; 5) Vernon and Lori Shafer, 1602 North 3rd Street, request for variance in the second front yard setback requirements to build a detached garage, variance approved to allow 3’6” of second front yard setback in order to construct an addition to the detached garage; 6) Joann Simons, 5273 9th Avenue North, request for variance in the sideyard setback requirement to build a deck; variance approved to allow six inches of side yard setback in order to build a deck; 7) Gary Sagstuen, 815 19th Avenue South, request for variance in the sideyard setback requirement to build an addition on the rear of the house, variance granted to allow 5 ft. of side yard setback in order to construct an addition on the rear of the house lined up with the existing house.
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, August 3, 1999, that notice had been published as required and that the following appeals were heard: 1) Kenton McGregor in behalf of TOMAC Properties, 321 North 4th Street, request for variance in the dwelling unit requirements for having a lavatory and kitchen sink, variance approved to allow a lavatory sink to be installed directly outside the bathroom if it meets all other pertaining codes and is feasible.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that these reports be and are hereby received and filed. Carried 12 votes affirmative.
APPROVE BILLS
Vendor Payment No. 99-14, dated August 16, 1999, and totaling $1,881,595.44, 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 Lunak 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, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.
AUTHORIZE WAIVING ANY BIDDING REQUIRE-
MENTS FOR JAMES LEE WITT AND CONGRESSIONAL
DELEGATION VISIT
Committee No. 1, Finance, reported having considered the matter of request to waive any bidding requirements for James Lee Witt and Congressional delegation visit, and recommended to authorize going as a sole source because of the time limitations.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.
REFER MATTER OF RESTRUCTURING PROPOSAL
AND JOB DESCRIPTION CHANGES FOR POLICE
DEPARTMENT BACK TO COMMITTEE
Council Member Hamerlik and Council Member Brooks asked that the matter of restructuring proposal and job description changes for the police department be referred back to committee.
AUTHORIZE REQUEST FOR PROPPOSALS TO
PERFORM COMPENSATION AND BENEFIT
MARKET ANALYSIS
Committee No. 1, Finance, reported having considered the matter of request for proposal to perform a compensation and benefit market analysis for the City of Grand Forks, and recommended to authorize the Request for Proposals.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE APPLICATION FOR OUTSIDE FIRE
PROTECTION FOR BIBLE BAPTIST CHURCH
Committee No. 2, Public Safety, reported having considered the matter of the request by Bible Baptist Church, 6367 Gateway Drive, for outside fire protection, and recommended to approve the application by Bible Baptist church for outside fire protection.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE TRANSFER OF LICENSE AND APPROVE
APPLICATION FOR CLASS I ALCOHOLIC BEVERAGE
LICENSE BY DAKOTA GM, INC. DBA GREEN MILL
Committee No. 2, Public Safety, reported having considered the application for Class 1 Alcoholic Beverage license at 1930 South Columbia Road by Dakota GM, Inc. dba Green Mill, and transfer of license from Whiskey Point, and recommended to approve the alcoholic beverage license subject to approval by the various departments.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
INTRODUCE ORDINANCE RELATING TO PENALTIES
FOR SPECIFIED OFFENSES
Committee No. 2, Public Safety, reported having considered the matter of amendment of 8-1503, law enforcement section to comply with changes to Century Code, and recommended to amend the City Code to coincide with State Century Code and introduce the ordinance for first reading.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Hafner introduced an ordinance entitled “An ordinance amending Section 8-1503 of the Grand Forks City Code relating to penalties for specified offenses”, which was presented, read and passed on its first reading.
CONSIDER MATTER OF PEDESTRIAN CROSSINGS
AT FORMER SOUTH JR. HIGH SCHOOL
Committee No. 2, Public Safety, reported having considered the matter of pedestrian crossings at former
South Jr. High School, and recommended to remove the school signs as presented, but that this be taken to the School Board for consideration.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE INCREASE IN FEE FOR VIOLATION
OF STREET MAINTENANCE IN UNIVERSITYAREA
Committee No. 2, Public Safety, reported having considered the matter of increase in fee to $15.00 for street maintenance in University area, and recommended to increase the fees for violation of parking/street maintenance to correspond with other areas of the city.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
CONSIDER MATTER OF DEADEND ALLEY ON
1000 BLOCK 15TH AVENUE SOUTH
Committee No. 2, Public Safety, reported having considered the matter of dead-end alley at 1012 15th Avenue south, and no fencing, and recommended to approve placement of a 15 mph sign at alley on 11th and 13th, place “slow children” sign several lots down and place yield sign at 15th Avenue South between 10th and 11th Streets, provided that study not warranted.
It wave moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
INTRODUCE ORDINANCE RELATING TO LOCAL
ROADWAYS EXEMPT FROM REQUIRED SIDEWALK
CONSTRUCTION
Committee No. 3, Public Service, reported having considered the matter of request from Dan Tomanek, engineering manager, Altru Health System, for amendment to the Grand Forks City Code, Chapter XVI, Article 2, sidewalk construction and maintenance, Section 16-222, grandfather clause, subsection (8) local roadways to include the north-northeast side of Knight Drive between South Columbia Road and 14th Avenue South, and recommended to approve the request for amendment to the City Code.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Klave introduced an ordinance entitled “An ordinance amending Section 16-0222 (8) of the Grand Forks City Code relating to local roadways exempt from required sidewalk construction”, which was presented, read and passed on its first reading.
AUTHORIZE ENTERING INTO AGREEMENT RE.
GFAFB BOOSTER STATION IMPROVEMENTS. PROJECT
NO. 5055
Committee No. 3, Public Service, reported having considered the matter of GFAFB booster station improvements, Project No. 5055, and recommended to authorize entering into the agreement with Advanced Engineering and Environmental Services, Inc. in an amount not to exceed $8,718.00 to construct modification to the Grand Forks Air Force Base booster station to improve domestic water pressure and fire condition control for the Grand Forks Airport.
It was moved by Council Member Klave and seconded by Council Member Lucke 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, Babinchak, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE BUDGET AMENDMENT
A request for amendment to the Street Department budget in the amount of $2,000 to cover expenses for traffic signs was presented and read. It was moved by Council Member Klave and seconded by Council Member Lucke that this budget amendment be approved. Carried 12 votes affirmative.
ADVANCE PAPERWORK TO SHOW CITY OWNERSHIP
OF TRAFFIC LIGHT NEAR WAL-MART
Committee No. 3, Public Service, reported having considered the matter of ownership of traffic light located near Wal-Mart, and recommended to advance the proper paperwork forward to show City ownership of the traffic lights.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE ENTERING INTO COST PARTICIPATION,
CONSTRUCTION AND MAINTENANCE AGREEMENT
WITH ND DEPARTMENT OF TRANSPORTION FOR
PROJECT NO. 5044
Committee No. 3, Public Service, reported having considered the matter of Cost Participation, Construction, and Maintenance Agreement with the North Dakota Department of Transportation for Project No. 5044, landscaping South Washington Street from Hammerling to 32nd Avenue South (Federal funds obligated for this project shall not exceed 80.93 percent of the total eligible project construction cost up to a maximum of $120,000, and balance of the project cost is the obligation of the City), and recommended to authorize entering into the agreement as presented.