Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 7, 2000
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, February 7, 2000 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; absent: Council Member Polovitz - 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.
Mayor Owens welcomed Boy Scout Troop 20 from Calvary Lutheran Church, leader Rod Krause.
FLOOD REPORT
Ken Vein, city engineer, gave a brief synopsis of the Flood Update, and most significant thing they are talking about now is under the Technical Work Update, Corps of Engineers flood alignments that were in the last couple weeks and that this coming Wednesday at 5:00 p.m. there will be a meeting of the public with the Flood Protection Committee so that residents will have the option to voice their opinions directly to the Flood Protection Committee members, and on the 16th the Committee will make a final recommendation to the council for a February 22 decision. He stated that under the Project Financing, the President’s budget was announced at $13 million for the Grand Forks/East Grand Forks flood protection project, and was a line item in the budget. Information.
APPROVE MINUTES
Typewritten copies of the minutes of the regular and adjourned meetings of the city council held on Monday, October 4, 1999, October 18, 1999 and November 15, 1999, were presented and read. It was moved by Council Member Lucke and seconded by Council Member Klave that these minutes be approved as read. Carried 13 votes affirmative.
ADOPT ORDINANCE NO. 3840, RELATING TO
REGISTRATION OF BICYCLES
An ordinance entitled “An ordinance repealing Article 16 of Chapter XXI and adopting a new Article 16 to Chapter XXI of the Grand Forks city Code relating to registration of bicycles”, which had been introduced and passed on its first reading on January 3, 2000, was printed and read for consideration on second reading and final passage.
Mr. Swanson, city attorney, stated that the ordinance draft that was sent back to the public safety committee and is not before the council did not contain substantive changes but did contain a number of language changes as proposed by his office, and as a result it would be appropriate that the council move to amend the first reading of the ordinance to incorporate the changes proposed by the city attorney’s office.
Committee No. 2, Public Safety, reported having considered the matter of the proposed ordinance repealing Article 16 of Chapter XXI and adopting a new Article 16 to Chapter XXI of the Grand Forks City Code relating to registration and licensing of bicycles, and recommended to approve the second reading of the ordinance relating to registration and licensing of bicycles incorporating changes as
proposed by the city attorney’s office.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved, and the ordinance amended. Carried 13 votes affirmative.
Upon call for adoption of the ordinance, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
APPROVE APPLICATIONS FOR MOVING PERMITS
BY THE CITY OF GRAND FORKS FOR THE USE OF
SINGLE FAMILY DWELLINGS ON SEVERAL PROPERTIES
The city auditor reported that the notices of public hearing on the applications for moving permits by the City of Grand Forks for use as single family dwellings: a) to move building from 411 Pakenham Avenue to 1416 Chestnut Street; b) to move building from 1111 Lanark Avenue to 711 Cherry Street; c) to move building from 811 Almonte Avenue to 812 Almonte Avenue; d) to move building from 1113 Lanark Avenue to 1420 Chestnut Street, and e) to move building from 1 Lincoln Drive to 722 Walnut Street; 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.
Mike Grzadzieleski, 821 Cherry Street, asked what the City’s plans are to do with these properties, whether rented or sold; and stated that he is in the rental business. Meridith Richards, Urban Development, stated that the first four houses are being moved as part of the City’s historic mitigation agreement, the house at 1 Lincoln Drive is also an historic house that’s being moved a part of the flood protection project; all of the houses are single-family dwellings and the intent at this point is that they will do a request for proposals and they will be offered for sale to the public, that in the past there have been requests from the neighborhood to try to make these single-family owner occupied and that they contact the neighborhoods to try to see what their wishes are and will do the same when they get ready to resell these houses once they are relocated. Council Member Beyer stated this group happens to be in the historic mitigation agreement, and from there until the final dike is done and a policy is drafted about what to do with the rest of the properties that the City owns or will own in the near future unable to answer that at this time.
Mr. Swanson stated he needed to advise the council that under both state and federal law, the City would have no enforceable ability to require that the houses be owner-occupied, and would be unable to discriminate between owner-occupied homes and non-owner occupied homes, and cannot be a requirement nor can it be a review criteria.
Robert Frasier, 111 8th Avenue South, stated that in regard to the moving of the house from 811 Almonte to 812 Almonte, had a question as to time line, when these moves would take place and if there will be any resurveying of the property to determine the property lines of the lots that these houses are going to be moved onto. Ms. Richards stated that the first step is to get the permits approved, then will get the contract executed with the contractor and more permits involved to get foundations done but as soon as they can get everything in line, will begin, and that she has talked with Mr. Frasier and will make sure everything re. property lines in place before they begin.
Jim Allbrooks, 719 Cottonwood Street, stated he is concerned about all the unanswered questions, that the
City doesn’t know how many homes there are to be moved, and recommended that they wait until they know these answers before moving houses, not opposed if house is to be privately owned, but is opposed to the City owning property and renting it. Mr. Swanson stated that under ND law if a property is leased from a governmental entity for more than 11 months, there is a tax on a leasehold interest; and most of the leases that the City has entered into all have a provision for the pass through of the taxes and special assessments.
There were no further comments, and Mayor Owens closed the public hearing.
It was moved by Council Member Hafner and seconded by Council Member Beyer to declare insufficiency of protests. Carried 13 votes affirmative.
Committee No. 3, Public Service, reported having considered the application for moving permit by the City of Grand Forks to move from 411 Pakenham Avenue to 1416 Chestnut Street to be used as a single-family dwelling.
Committee No. 3, Public Service, reported having considered the application for moving permit by the City of Grand forks to move a building from 1111 Lanark Avenue to 711 Cherry Street to be used as single-family dwelling, and recommended approval.
Committee No. 3, Public Service, reported having considered the application for moving permit by the City of Grand Forks to move building from 811 Almonte Avenue to 812 Almonte Avenue to be used as single-family dwelling, and recommended approval.
Committee No. 3, Public Service, reported having considered the application for moving permit by the City of Grand Forks to move building from 1113 Lanark Avenue to 1420 Chestnut Street to be used as single-family dwelling, and recommended approval.
Committee No. 3, Public Service, reported having considered the application for moving permit by the City of Grand Forks to move building from 1 Lincoln Drive to 722 Walnut Street to be used as single-family dwelling, and recommended approval.
It was moved by Council Member Klave and seconded by Council Member Lucke that these recommendations be and are hereby approved, and that the City of Grand Forks is hereby authorized to move the buildings subject to meeting conditions established. Carried 13 votes affirmative.
REPORTS OF OFFICERS
The city auditor presented and read the investment reports for both December 31, 1999 and January 31, 2000. It was moved by Council Member Bakken and seconded by Council Member Carpenter to receive and file these reports. Carried 13 votes affirmative.
REPORT OF BOARD OF 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, January 20, 2000, that notice had been published as required and that the following appeals were heard: 1) Gary Christianson, Urban Development, request for variance to property at 109 North 3rd Street to the landscaping and paving requirements, and variance approved to allow 7 ft. of paving setback on the north side of the property in order to pave a parking lot, and further that the Board is concerned with the untimely request by the Urban Development Department regarding this item; 2) Wayne T. Kuzel, 3602 11th Avenue North, request for variance to the accessory building requirements in order to construct an accessory building, and variance approved to allow one foot second front yard setback in order to construct an addition to the existing storage shed of up to an additional 120 sq. ft.; and 3: Timothy and Lynette Boese, 2550 73rd Avenue South, request for variance to the accessory building requirements in order to construct an accessory building, variance allowed up to 2,400 sq.ft. of accessory building area in order to construct an accessory building.
It was moved by Council Member Hafner and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 13 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 00-01, dated February 7, 2000, and totaling $4,699,251.91, 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.
APPROVE APPLICATION FOR EXEMPTION OF
IMPROVEMENTS TO PROPERTY AT 2004 DEMERS
Committee No. 1, Finance, reported having considered the application for exemption of improvements to property at 2004 DeMers Avenue, Black Gold Farms, and recommended approval of a three-year exemption on $15,000 for DeMers Avenue.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted "aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
AUTHORIZE RELEASE OF FUNDS TO UNIVERSITY
OF NORTH DAKOTA BUDGETED FOR RECRUITMENT
AND RETENTION PROGRAM
Committee No. 1, Finance, reported having considered the request by University of North Dakota for release of funds included in 2000 City budget for recruitment and retention program, and recommended to release $100,000 for University of North Dakota recruiting and retention efforts.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted "aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE JOB DESCRIPTION FOR ADMINISTRATIVE
COORDINATOR POSITION, AND APPROVE RECRUITMENT
AND SELECTION PROCESS
Committee No. 1, Finance, reported having considered the matter of job description for administrative
coordinator position, and recommended approval of job description for the administrative coordinator position with the changes discussed; and moved an amendment on the pay range to reflect $65,000-$90,000.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted "aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
Committee No. 1, Finance, reported having considered the matter of approval of recruitment and selection strategy, and recommended to the Civil Service to use the process such as outlined by Mr. Gordon (March 31, 2000 - deadline for filing applications; April 3-7, 2000; screen applications and determine finalists; April 10-21 - do thorough background analysis; April 28 - oral interview; April 29 - oral presentation; May 8 - appointment of the successful finalist could be made by the mayor and city council).
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE IS STRUCTURE AND RELATED JOB CHANGES
AS PROPOSED
Committee No. 1, Finance, reported having considered the matter of restructuring of finance and administrative services, Information Services Division, and recommended to approve the IS structure and related job changes as proposed.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.
CONSIDER UPDATE ON PARKING LOT FOR CITY HALL
Committee No. 1, Finance, reported having considered the matter of update on parking lot for City Hall, and recommended to hold on the sale of the North 5th Street lot indefinitely, to direct Mr. Carsen, City Assessor, to confirm the terms that were stated today on the sale of the North 4th Street lot with Mr. French, with the city attorney’s review of the agreement and forward the gravel allowance to the Board of Adjustments with a return to the finance committee.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE ELECTION OFICIALS
Committee No. 1, Finance, reported having considered the matter of approval of election officials, and recommended approval of the election officials: Document No. 7916 - Listing.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE FINANCE OF AERIAL PLATFORM TRUCK
Committee No. 1, Finance, reported having considered the matter of financing of aerial platform truck, and recommended to authorize prepayment of the aerial truck.
Committee No. 2, Public Service, reported having considered the matter of aerial platform truck, and recommended to authorize negotiations with Pierce for a platform truck in the amount of $615,151, equipment in the amount of $82,352.79 and to set aside $25,000 for the thermal imaging device for a total of $722,503.79 in CDBG funding subject to review by the city auditor and the mayor.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that these recommendations be and are hereby approved.
Fire Chief O’Neill stated these are two separate motions, that they had $800,000 set aside in CDBG funds and asked public safety for $82,000 for equipment on that truck and an additional $25,000 to be set aside for the thermal imaging device; and request to the finance committee was for prepayment to save $23,000 for the City by up-fronting the check.
Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE JOINT POWERS AGREEMENT FOR CONSTRUCTION
OF SOUTHEND DRAINWAY THROUGH GOLF COURSE
Committee No. 1, Finance, reported having considered the matter of joint powers agreement, Southend Drainway/Golf Course, and recommended to approve the Joint Powers Agreement for the southend Drainway/Golf Course as presented with the exemption that the dollar amount in Item 8 be $889,743 with a final draft prepared and sent to council members in the Friday packet.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved.
Mr. Swanson stated that this joint powers agreement is different than previous agreement, and the effect of this agreement is that the southend drainway phase that would have been constructed by the City, was actually constructed by the Park District in conjunction with their design of the new golf course; that they bid the project, constructed it according to City’s specifications. He stated that the stormwater drainage would be considered an infrastructure but this is what we allowed to occur rather than the City doing it as a separate project, the Park District incorporated it.
Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE BUDGET AMENDMENTS
A request by the Assessing Office to transfer $1,692.00 from Cash Carryover to Furniture & Fixtures to allow purchase of four chairs for the office. It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative, Council Member Brooks voting against the motion.
DEFEAT MATTER OF CHANGING SPEED LIMIT ON
42ND STREET
Committee No. 2, Public Safety, reported having considered the matter of report on speed limit on 42nd Street by The Aurora to increase speed back to 45 mph, and recommended to change the speed limit on South 42nd Street to 35 mph until the construction season begins.
It was moved by Council Member Martinson and seconded by Council Member Bakken that this recommendation be and is hereby approved.
It was noted that this matter came up because of truck traffic and was done by administration to reduce speed limit from 45 mph to 30 mph, and that it was the recommendation of the Mortenson Company and Police Department to leave this at 30 mph.
After some discussion and upon roll call vote, the following voted “aye”: Council Members Bakken, Hafner and Martinson - 3; voting “nay”: Council Members Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak Klave, Beyer, Babinchak, Brooks - 10. Mayor Owens declared the motion defeated.
APPROVE BUDGET AMENDMENTS
A request from the Police Department for transfer of $50,000.00 from cash carryover to be used to purchase vehicles, was presented and read.
A request from the Fire Department to approve budget amendment in the amount of $5,000 for instructor to present terrorism training to fire department personnel.
A request from the Health Department for transfer of $817.00 to reflect unanticipated CSCC Revenue to cover county office move-related office equipment.
It was moved by Council Member Martinson and seconded by Council Member Bakken that these transfers be approved.
Council Member Brooks moved for division of the questions; Council Member Lucke seconded the motion; and upon call for the question and upon voice vote, the motion failed.
Upon call for the question and upon voice vote, the motion carried 12 votes affirmative; Council Member Brooks voted against the motion.
APPROVE SUPPORT OF OPTION #1 OF COLUMBIA ROAD/
GATEWAY DRIVE CORRIDOR STUDY
Committee No. 3, Public Safety, reported having considered the matter of communication from Hal Gershman re. Columbia Road/Gateway Drive Corridor Study, and recommended to support Option #1 and forward to council and North Dakota Department of Transportation. (Option #1 gets traffic into the plaza without using the Happy Harry’s parking lot with egress through the parking lot or at a stoplight at Cambridge).
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ACCEPT BID FOR WATER DISTRIBUTION SYSTEM
TIE-WAY WATERMAIN, PROJECT NO. 4648.1
Committee No. 3, Public Service, reported having considered the matter of bids for water distribution system tie-way watermain, Project No. 4648.1, and recommended to approve the low bid of Swanberg Construction in the amount of $2,928,135.00 for Project No. 4648.1.
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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
AWARD BID FOR FINAL GEOTECHNICAL EXPLORATION
AND REPORT SERVICES, PROJECT NO. 4648.4
Committee No. 3, Public Service, reported having considered the matter of award of final geotechnical exploration and report services, Clearwell & Pumping Station, Project No. 4648.4, and recommended to approve the low bid of Zeltinger Geotechnical Engineering, P.S. in the amount of $8,920.00 for a depth of 160 feet for Project No. 4648.4.
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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE TAPPING DISTRICT AND ENGINEER’S
REPORT FOR PROJECT NO. 5136, DISTRICT NO. 271,
WATERLINE TO BALING FACILITY
Committee No. 3, Public Service, reported having considered the matter of tapping district for baling facility, watermain, Project No. 5136, District No. 271, and recommended approval of the Engineer’s Report, timetable and tapping district for Project No. 5136, District No. 271..
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Klave introduced the following resolution creating the tapping district, which was presented and read: Document No. 7916.1 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the resolution adopted.
ACCEPT ENGINEER’S REPORT, WATERMAIN PROJECT
NO. 5136, (TAPPING) DISTRICT NO. 271
The city auditor presented and read the engineer’s report on Watermain Project No. 5136, District No. 271 (tapping district): Document No. 7916.2 - Report.
It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 13 votes affirmative.
ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, WATERMAIN PROJECT NO. 5136,
DISTRICT NO. 271 (TAPPING DISTRICT)
Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7916.3 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. . Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the resolution adopted.
APPROVE TAPPING DISTRICT AND ENGINEER’S
REPORT FOR PAVING PROJECT NO. 5145, DISTRICT NO.
579, TO BALING FACILITY
Committee No. 3, Public Service, reported having considered the matter of tapping districts for baling facility, road paving, Project No. 5145, District No. 579, and recommended approval of the Engineer’s
Report, timetable and tapping fee boundary for Project No. 5145.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Klave introduced the following resolution creating the tapping district, which was presented and read: Document No. 7916.4 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the resolution adopted.
ACCEPT ENGINEER’S REPORT, PAVING PROJECT
NO. 5145, (TAPPING) DISTRICT NO. 579
The city auditor presented and read the engineer’s report on Watermain Project No. 5136, District No. 271 (tapping district): Document No. 7916.5 - Report.
It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 13 votes affirmative.
APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECTS NOS. 4809 AND 4811
Committee No. 3, Public Service, reported having considered the matter of engineering agreement amendment, Amendment No. 3, design and bid phases, relocate Sanitary Lift Station #1 and relocate Sanitary Lift Station #5, Projects 4809 and 4811, CDBG, and recommended approval of Amendment No. 3 with Greater Forks Engineering Group in the amount of $61,722.24 for each of the two projects, Projects 4809 and 4811.
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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken,
Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, GREATER FORKS ENGINEERING GROUP
MULTIPLIER ADJUSTMENT
Committee No. 3, Public Service, reported having considered the matter of engineering agreement amendments, Amendment No. 4, multiplier adjustment, general contract in-kind services, Greater Forks Engineering Group, and recommended approval of Amendment No. 4, Greater Forks engineering Group, multiplier adjustment for general contract in-kind services from 5% to 2%.
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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4769, RAW WATER INTAKE
Committee No. 3, Public Service, reported having considered the matter of engineering agreement amendments, Amendment to raw water intake geotechnical contract with Shannon & Wilson for Project No. 4769, raw water intake, and recommended approval of the modifications to the Shannon & Wilson contract in the amount of $28,890 for Project No. 4769.
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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDERS FOR PROJECT NO. 4822,
PUBLIC WORKS FACILITY RENOVATION
Committee No. 3, Public Service, reported having considered the matter of change orders for Public Works Facility Renovation, Project No. 4822, general construction, Diversified Contractors, and recommended to approve a deductive change order to Diversified Contractors in the amount of $25,425.00.
Committee No. 3, Public Service, reported having considered the matter of change orders, Public works Facility Renovation, Project No. 4822, electrical construction, Bergstrom Electric, and recommended to approve change orders to Bergstrom Electric in the amount of $2,799.
Committee No. 3, Public Service, reported having considered the matter of change orders, Public works Facility Renovation, Project No. 4822, mechanical construction, C.L. Linfoot, and recommended to approve change orders to C.L. Linfoot Company in the amount of $5,010.00.
It was moved by Council Member Klave and seconded by Council Member Lucke that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motions carried.
APPROVE EASEMENTS FOR PROJECT NO. 5048
Committee No. 3, Public Service, reported having considered the matter of various easements for Project No. 5048: temporary construction easements along 42nd Street for reconstruction of driveways to various properties: Heitmann property; Maier property; Hussey property; Rieger property; McEnroe property; Birkholz property; Danks/Camrud property; and Danks property; and recommended approval of the easements.
Committee No. 3, Public Service, reported having considered the matter of various easements for Project No. 5048: temporary construction easements at various locations: Aurora access road through Danks property along west side of 42nd Street from University to DeMers Avenue, and recommended approval of the easements.
Committee No. 3, Public Service, reported having considered the matter of various easements for Project No. 5048: permanent roadway and utility easements at various locations: along east side of 42nd Street from 11th Avenue northward; along east side of 42nd Street from DeMers Avenue northward; and along south side of 17th Avenue South from 38th Street westward; and recommended approval of the easements.
Committee No. 3, Public Service, reported having considered the matter of various easements for Project No. 5048: permanent right of way and utility easement along south side of 17th Avenue South from 35th to 38th Street, and recommended approval of easements.
Committee No. 3, Public Service, reported having considered the matter of various easements for Project No. 5048: permanent bikepath and walkway easements at various locations: along west side of 42nd Street at 1st Avenue North; and along north side of University Avenue and east of North 42nd Street; and recommended approval of easements.
Committee No. 3, Public Service, reported having considered the matter of various easements at various locations: permanent bikepath, walkway and utility easement along west side of 42nd Street from 11th to 8th Avenues South, and recommended approval of the easements.
It was moved by Council Member Klave and seconded by Council Member Lucke that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motions carried.
APPROVE 3-WAY AGREEMENT FOR UTILITIES IN
COLUMBIA PARK 27TH ADDITION, OPPIDAN DEVELOPMENT
Committee No. 3, Public Service, reported having considered the matter of 3-way agreement for Projects Nos. 5131, 5132, 5133, 5134, sanitary sewer, watermain, storm sewer, and paving at Columbia Park 27th Addition (Oppidan), and recommended approval for the City to enter into a three-way agreement with Oppidan and their engineer.
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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
AUTHORIZE BNSF RAILROAD TO BEGIN PROCESS
FOR MODIFICATION OF CROSSING ON NORTH 42ND
STREET NEAR DEMERS AVENUE AND ON UNIVERSITY
AVENUE NEAR 42ND STREET, PROJECT NO. 5048
Committee No. 3, Public Service, reported having considered the matter of authorization to Burlington Northern Santa Fe Railroad to purchase materials for crossings on North 42nd Street near DeMers Avenue and on University Avenue near 42nd Street for Project No. 5048, and recommended approval for appropriate City officials to authorize BNSF Railroad to begin engineering and ordering materials with the understanding that a formal Construction and Maintenance Agreement will be executed when engineering and cost estimates have been finalized.
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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
AUTHORIZE ENTERING INTO COST PARTICIPATION,
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
PROJECT NO. 5048
Committee No. 3, Public Service, reported having considered the matter of Cost Participation, Construction and Maintenance Agreement for Project No. 5048, paving South 42nd Street, and recommended approval to enter into Cost Participation, Construction, and Maintenance Agreements for Project No. 5048, contingent upon review by the city attorney.
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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
AUTHORIZE ENTERING INTO A COST PARTICIPATION,
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
PROJECT NO. 4974
Committee No. 3, Public Service, reported having considered the matter of Cost Participation, Construction, and Maintenance Agreement for Project No. 4974, Bikepath on 17th Avenue south from 25th to 35th Streets, and recommended approval to enter into Cost Participation, Construction and Maintenance Agreements for Project No. 4974, contingent upon review by the city attorney.
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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4806,
PAVING MILL ROAD
Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreements - Amendment No. 1 (extra work), KBM, Project No. 4806, paving Mill Road from Gateway Drive to Highway 81 (CDBG), and recommended approval of Amendment No. 1 (extra work) to KBM in the amount of $20,487.67 in CDBG funding for Project No. 4806.
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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT NO. 4 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5070,
REHABILITATE PUMP STATION NO. 13
Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements - Amendment No. 4 (construction administration), CPS, Project No. 5070, Rehabilitate Pump Station No. 13 (CDBG), and recommended approval of Amendment No. 4 for construction administration, CPS, Project No. 5070, scope of work.
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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4663
Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements - Amendment no. 2 (extra work), CPS, Project No. 4663, secondary line of flood defense (CDBG), and recommended approval of Amendment No. 2 to CPS for an additional $15,000 in CDBG funding for Project No. 4663.
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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPOVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 4988
Committee No, 3, Public Service, reported having considered the matter of amendments to engineering services agreements - Amendment No. 4 (extra work), Greater Forks Engineering Group, Project No. 4988, South End Clay Borrow Sites (CDBG), and recommended approval of Amendment No. 4 to Greater Forks Engineering Group for an additional $12,000 in CDBG funding for Project No. 4988.