Council Minutes
16915
March 20, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 20, 2000
The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, March 20, 2000 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; absent: none.
Mayor Owens announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter.
PRESENTATION TO RETIRED ECONOMIC DEVELOP-
MENT PRESIDENT
Mayor Owens presented a key to the city to Dick Olson, retired president of the Economic Development Corporation, in recognition of his work during and for his dedication in helping shape the economic future of the city of Grand Forks from August, 1991 to May, 1999.
APPROVE MINUTES
Typewritten copies of the minutes of the regular meetings held on Monday, November 1, 1999 and Monday, January 3, 2000, and of the adjourned meeting held on Tuesday, January 18, 2000, were presented and read. It was moved by Council Member Bakken and seconded by Council Member Klave that these minutes be approved as read. Carried 14 votes affirmative.
ADOPT ORDINANCE NO. 3845, RELATING TO SALARY
CHANGES
An ordinance entitled “An ordinance amending Section 6-0306 of the Grand Forks City code relating to salary changes”, which had been introduced and passed on its first reading on March 6, 2000, was presented and read for consideration on second reading and final passage.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.
CONTINUE PUBLIC HEARING ON DETERMINATION
OF PROTEST FOR PAVING DISTRCT NO. 563, PROJECT
NO. 5048, TO APRIL 3, 2000, AND CONTINUE MATTER
OF REVISED ENGINEER’S REPORT
The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 563, Project No. 5048, construction of pavement on South 42nd Street from University Avenue to 29th Avenue south, 11th Avenue South from South 40th Street to South 42nd Street, and on 17th Avenue south from South 35th Street to South 42nd Street, had expired on March 16, 2000, and that her office had received several written protests. She also presented the matter of the revised engineer’s report.
Mayor Owens stated that before she opens the public hearing she would like to suggest and ask that the
city council consider a motion to continue the public hearing to a date certain and to continue the protest period, along with scheduling a committee of the whole meeting on Monday, March 27, at 7:00 p.m. at which time staff would review the entire process with the council and the public.
It was moved by Council Member Babinchak and seconded by Council Member Bakken to extend the public hearing and continue protest period.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter.
Duane Espegard, 3649 Lynwood Court, asked that they look at these assessments because of the size of the assessment district, communication on this issue has been very poor as they received letter the day before the time was up, the dollar amount of the project and benefited parties assessed, and request that the period for public comment be extended for another thirty days.
Al Grasser, asst. city engineer, reviewed process: special assessment district is created along with an engineer’s report that gives an estimate of the dollars that would go into the project, the city council actually creates the special assessment district after review and approval of the public service committee, and that the district was created February 7, 2000; that once the district is created and engineer’s report is refined that goes to the Special Assessment Commission for a preliminary distribution of benefits, and once that is established the city auditor’s office combines the benefit calculation from the Special Assessment Commission with the dollars from the engineer’s report; and those numbers are put together into a letter and sent to each individual property owner. He stated there was a delay in sending numbers to the property owners as the first engineer’s report came out with special assessments in the neighborhood of about $6.5 million, that the design engineer’s have refined design to a point where they could use actual quantities and those figures went to public service at their last meeting and is before council tonight. He reviewed the guidelines that the City uses for creating special assessment districts - that on a residential lot will receive a special assessment for frontage for street in front of the property, and avenue beside property; that that they also have another set of guidelines for classified streets - that process adopted by the city council is that the assessment for that street will go halfway back to the next classified street, and that this specific special assessment district because it’s working on 42nd Street and 17th Avenue South has two assessment districts within one boundary, but Commission does look at the breakout of those dollars. He stated that they have used that process on South 34th Street in 1995-96 where rebuilt from DeMers Avenue to 17th Avenue South.
Council Member Lucke questioned what the motion did to the protest date. Mr. Warcup, asst. city attorney, stated that the notices were properly given in accordance with State and local law, and if the matter were to be continued it’s a decision for the council but puts some time constraints on the matter as that would need to be looked at as far as engineering concerns and bids being let on the 14th of April. It was noted that a date was not included in the motion.
Ken Vein, city engineer, stated that for determination of protest on any special assessment district, it’s based on excess of 50% of the square footage of the area within the district; and that there are two different street projects that are included in this project but one assessment district; and some properties realizing assessment from both streets, other from just one.
Council Member Hamerlik suggested that the committee of the whole meet in the evening. Council Member Hafner stated that public service would meet at 5:00 p.m. Mayor Owens agreed to set the committee of the whole meeting for 7:00 p.m. on Monday, March 27.
It was agreed by the mover and second to continue this matter to April 3, 2000. Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.
ADOPT RESOLUTION OF VACATION OF ELECTRIC/GAS
EASEMENT IN LOT 2, BLOCK 2, RENEWAL RESUB. NO. 5
The deputy city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 10-foot wide electric and gas easement located on Lot 2, Block 2, Renewal Resubdivision No. 5 (located between 1st and 2nd Avenues North and between North 8th and 6th Streets), had been published and that the public hearing had been continued to 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 and the public hearing was closed.
It was moved by Council Member Martinson and seconded by Council Member Lunak that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 14 votes affirmative.
Council Member Lunak introduced the following resolution which was presented and read: Document No. 7935.1 - Resolution.
It was moved by Council Member Lunak and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 14 votes affirmative.
ADOPT RESOLUTION OF VACATION OF PORTION OF
UTILITY AND ROADWAY EASEMENT IN LOT 2 AND LOT 7, BLOCK 1, KANNOWSKI’S FIRST ADDITION
The deputy city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of a utility and roadway easement located on Lot 2 and Lot 7, Block 1, Kannowski’s First Addition (located at 55th Avenue South and South Columbia Road), had been published and that the pubic hearing had been continued to 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 and the public hearing was closed.
It was moved by Council Member Babinchak and seconded by Council Member Klave that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 14 votes affirmative.
Council Member Martinson introduced the following resolution which was presented and read: Document No. 7935.2 - Resolution.
It was moved by Council Member Martinson and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Carried 14 votes affirmative.
REPORTS OF OFFICERS
The deputy city auditor presented the statement of investment activity for the period ending February 29, 2000. It was moved by Council Member Hafner and seconded by Council Member Brooks that this report be and is hereby received and filed. Carried 14 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 00-04 dated March 20, 2000, and totaling $1,148,457.92, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by Council Member Bakken and seconded by Council Member Brooks that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”; Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.
APPROVE APPLICATION FOR ABATEMENT OF 1999
TAXES ON PROPERTY AT 2303 CHESTNUT STREET
Committee No. 1, Finance, reported having considered the application for abatement of 1999 taxes by Dale and Judith Kuzel on Lot 8, Block 35, Cox’s Addition, 2303 Chestnut Street, and recommended approval that the first $80,000 in value on the structure be exempt.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE EXEMPTION OF IMPROVEMENTS TO
PROPERTY AT 620 8TH AVENUE SOUTH
Committee No.1, Finance, reported having considered the application for exemption of improvements to property at 620 8th Avenue South, Leon Comeau, and recommended approval of an exemption on 620 8th Avenue South in the amount of $30,000 for three years.
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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
DECLARE EXCESS COMPUTER EQUIPMENT AS
SURPLUS AND OFFER FOR SALE
Committee No. 1, Finance, reported having considered the matter of declaring excess computer equipment as surplus, and recommended to declare the excess computer equipment surplus and offer it for sale on bid.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE BANK SERVICES WITH NORWEST BANK
Committee No. 1, Finance, reported having considered the matter of bank services, and recommended Norwest Bank for banking services with the exception of the operating funds for the Aurora, for a period
of four years, beginning May 1, 2000 (with Council Member Carpenter abstaining)
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none; Council Member Carpenter abstaining. Mayor Owens declared the motion carried.
ADOPT A RESOLUTION PLACING PROPOSED
LANGUAGE ON JUNE BALLOT RE. PUBLISHING
OF MINUTES AND LISTING OF CHECKS
Committee No. 1, Finance, reported having considered the matter of vote for official newspaper (re. publication of minutes, listing of individual checks), and recommended to adopt a resolution placing the proposed language on the June ballot.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Carpenter introduced the following resolution which was presented and read: Document No. 7936 - Resolution.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this resolution be and is hereby approved. Carried 14 votes affirmative.
RESCIND PURCHASE OF VOTING MACHINE EQUIPMENT
Committee No. 1, Finance, reported having considered the matter of information on voting machine equipment, and recommended to rescind the voting machine contract with Forspar Products Corporation subject to city attorney review.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 14 votes affirmative.
ACCEPT BID FOR SIDEWALK IMPROVEMENT WARRANTS
Committee No. 1, Finance, reported having considered the matter of sidewalk improvement warrants, and recommended that we accept he bid of Norwest Investment Services for $160,000 for a term of 5 years at a rate of 6.48%.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
ADOPT RENAISSANCE ZONE CONCEPT
Committee No. 1, Finance, reported having considered the matter of Renaissance Zone, and recommended that the City adopt a Renaissance Zone concept.
It was moved by Council Member Babinchak and seconded by Council Member Polovitz that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE CHANGE IN OWNERSHIP OF RED RIVER
CAFÉ
Committee No. 2, Public Safety, reported having considered the request for transfer of the alcoholic beverage license for the Red River Café from CCS Investments, L.L.C. to DeMers Dining, L.L.C., and recommended approval of the transfer of the alcoholic beverage license for the Red River Cafe from CCS Investments, L.L.C. to DeMers Dining, L.L.C. with payment of the application fee. (This is a change in ownership from partnership to sole ownership (Brian Conneran to be the sole owner of DeMers Dining, L.L.C.)
It was moved by Council Member Bouley and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE BUDGET AMENDMENTS
A request for budget amendment by the Fire Department in the amount of $22,569.00 for towing vehicle for the fire department, was presented and read.
A request for budget amendment by the Community Initiative Program (HL15) in the amount of $2,000 to reflect contribution from Merck to Immunization Coalition for conference support, was presented.
A request for budget amendment by the Fire Department in the amount of $32,797.00 for river rescue and safety of personnel, was presented and read.
It was moved by Council Member Bouley and seconded by Council Member Bakken that these budget amendments be and are hereby approved. Carried 13 votes affirmative; Council Member Brooks voted against the motions.
APPROVE BIDS FOR RESCUE VEHICLE FOR FIRE
DEPARTMENT
Committee No. 2, Public Safety, reported having considered the matter of bids for air-powered rescue vessel for the fire department, and recommended to accept the bid of Rivercraft, LLC in the amount of $30,573.00 (basic bid plus options), pending investigation into the training and delivery to save some monies.
It was moved by Council Member Bouley and seconded by Council Member Bakken that this recommendation be and is hereby approved.
Fire Chief O’Neill reported there were two bids received, other bidder Windmark, Inc. and basic strip-down model was $50,000, with alt. of $60,000 and alt. of $70,000 depending options and size of craft.
Upon call or the question and upon roll call vote the following voted “aye”: Council Members Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: Council Members Brooks, Polovitz, Lucke - 3. Mayor Owens declared the motion carried.
ADOPT RESOLUTION OFFERING TO PURCHASE LAND
AND AUTHORIZING DEPOSIT INTO COURT AND USE
OF QUICK-TAKE AUTHORITY
Committee No. 3, Public Service, reported having considered the matter of consideration of acquisition of property for water plant by eminent domain, and recommended to adopt the resolution offering to purchase land and authorizing deposit into court and use of quick-take authority and deleting Parcel No. 2.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and introduced the following resolution for approval and adoption: Document No. 7936.1- Resolution.
John Buegel, 509 South 3rd Street, stated that he has completely invested the last 12 years of his life in the major renovation, remodeling, development and management of his property; and that he came before council to assure them of his cooperation and willingness until such time as eminent domain proceedings are instituted to sell his property to the City for the sum of $442,500.00, that he cannot accept the loss of such a large sum by giving away his property for $180,000, a price which does not come close to what he has invested into it, and that it is not reasonable to bear the loss of his home and business and a great financial loss as well.
John Warcup, Asst. City Attorney, stated that eminent domain proceedings summons and complaint would be drawn up and served upon the defendant and in this particular proceeding they also have quick-take authority under the City Code and State law, and a deposit would be made in court, and a hearing would be held to determine whether or not the person whose property is to be taken wishes to accept the amount offered, and if that person does not wish to accept that amount, then the matter at some later date would be scheduled for trial, title to the property however, would be transferred by the court shortly after the hearing on the deposit being made, and in this particular situation, the amount deposited would $180,000, which is amount made by an appraiser, and then the actual compensation would be determined by the Court at trial at a later date unless the parties sooner would agree to a resolution of the matter.
Upon call for the question and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.
APPROVE CHANGE ORDER FOR DEMOLITION
OF PUBLIC SCHOOLS BUILDING AT 720 N. 3RD STREET
Committee No. 3, Public Service, reported having considered the matter of change order, commercial demolition, former School District building, Phase 2, Landwehr Construction, Inc., contractor, and recommended to approve the change order in the amount of $15,000.
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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT 4822,
PUBLIC WORKS FACILITY RENOVATION
Committee No. 3, Public Service, reported having considered the change order for Public works Facility Renovation, Project No. 4822, C.L. Linfoot Company, contractor, and recommended to approve change order in the amount of $13,193.41.
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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT NO. 5086,
BALING FACILITY STRUCTURE
Committee No. 3, Public Service, reported having considered the matter of Change Order No. 3, Bailing Facility Structure, City Project No. 5086, Construction Engineers, contractor, and recommended to approve the change order in the amount of $3,050.00.
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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4371, WASTEWATER TREATMENT PLANT REACTOR
TANK ROOFS
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Wastewater Treatment Plant Reactor Tank Roofs, City Project No. 4371, Bid Package #6, and recommended to approve plans and specifications and authorize call for bids.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE BIDS FOR EQUIPMENT
Committee No. 3, Public Service, reported having considered the matter of bids for landfill payloader, and recommended to accept the bid of Butler Machinery in the amount of $377,828 with trade-in of $100,000 for net price of $277,828, and maintenance fee of $79,380 for 60 months or $1,323.00/mo.
Committee No. 3, Public Service, reported having considered the matter of bids for front load compactor, and recommended to accept the bid of Dakota white GMC in the amount of $123,680.00.
Committee No. 3, Public Service, reported having considered the matter of bids for heavy-duty tandem axle truck, and recommended to accept the bid of Hall Truck Center in the amount of $176,687.48.
Committee No. 3, Public Service, reported having considered the matter of bids for side-load compactor, and recommended to accept the low bid of Dakota White GMC in the amount of $64,430.00.
Committee No. 3, Public Service, reported having considered the matter of bids for heavy-duty single axle truck, and recommended to accept the alternate bid of Hall Truck Center in the amount of $64,650.90.
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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion
carried.
APPROVE BUDGET AMENDMENTS
A request from the Sanitation Department for budget amendment to transfer $159,692.00 from Cash Carryover to preclude an over-expenditure was presented and read.
A request from the Engineering Department in the amount of $28,832.00 for transfer from Cash Carryover for vehicle purchase was presented and read.
A request from the Public Transportation Department for transfer of $12,811.00 from Cash Carryover to eliminate line item deficits, was presented and read.
It was moved by Council Member Klave and seconded by Council Member Lucke that these budget amendments be and are hereby approved. Carried 13 votes affirmative; Council Member Brooks voted against the motion.
DIRECT OPENING BID FOR GC/MS FOR WATER TREATMENT
PLANT
Committee No. 3, Public Service, reported having considered the matter of bids for gas chromatograph/
mass spectrometer (GC/MS), and recommended to open the bid of Agilent Technologies, Inc.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.
ACCEPT EASEMENTS FOR WATERMAIN PROJECT
NO. 5072
Committee No. 3, Public Service, reported having considered the matter of non-exclusive watermain easement and temporary construction easement for Water Distribution System Improvement Project No. 5072, located in northeast corner of the intersection of Highway No. 2 and North 36th Street, for and in consideration of the sum of $1.00, J.R. Simplot company, grantor, and recommended to accept the easements and authorize City officials to sign the easements.
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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
ACCEPT VARIOUS EASEMENTS
Committee No. 3, Public Service, reported having considered the matter of bikepath, walkway and paving easements to construct bikepath/walkway and paving on Lots 31 and 32, Block 1, Johnson’s 4th Addition, north of 17th Avenue South between South 38th and South 42nd Street, for and in consideration of the sum of $1.00, Crary Development, Inc., grantor, and recommended to accept the easements and authorize proper City officials to sign the documents.
Committee No. 3, Public Service, reported having considered the matter of bikepath, walkway and utility easements to construct bikepath/walkway and paving on Lot 5, Block 1, Johnson’s 4th Addition, north of 17th Avenue south between South 38th and South 42nd Streets, for and in consideration of the sum of $1.00, Johnson Farms, grantor, and recommended to accept the easements.
Committee No. 3, Public Service, reported having considered the matter of temporary construction easement along 17th Avenue South for reconstruction of driveway to Birkholz property, and recommended to accept the easement and authorize proper City officials to sign the document.
Committee No. 3, Public Service, reported having considered the matter of easements for Project No. 5048, temporary construction easement along 17th Avenue south from 38th Street westward, and recommended to accept the easement and authorize proper City officials to sign the document.
Committee No. 3, Public Service, reported having considered the matter of permanent bikeway, walkway, roadway and utility easement along the west side of 42nd Street at 1st Avenue North from the University of North Dakota, and recommended to accept the easement at a cost of $5,183.00.
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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE VARIOUS EASEMENTS FOR WATERMAIN
PROJECT NO. 5136 AND PAVING PROJECT NO. 5145
Committee No. 3, Public Service, reported having considered the matter of temporary construction easement and permanent roadway and utility easement for Watermain project No. 5136 and Paving Project No. 5145, at North 69th Street (lagoon road) between Highway No. 2 and 27th Avenue North or railroad tracks for and in consideration of the sum of $1,810.00, The Humane Society, grantor, and recommended to accept the easements and authorize proper City officials to sign the agreements.
Committee No. 3, Public Service, reported having considered the temporary construction easement and permanent roadway and utility easement for Watermain project No. 5136 and Paving Project No. 5145, at North 69th Street (lagoon road) between Highway No. 2 and 27th Avenue North or railroad tracks, for and in consideration of the sum of $2,335.00, Ronald Adams, grantor, and recommended to accept the easement and authorize proper City officials to sign the agreements.
Committee No. 3, Public Service, reported having considered the matter of temporary construction easement and permanent roadway and utility easement, Watermain Project No. 5136 and Paving Project No. 5145, at North 69th Street (lagoon road) between Highway No. 2 and 27th Avenue North or railroad tracks, for and in consideration of the sum of $2,223.75, Eugene Adams, grantor, and recommended to accept the easement and authorize proper City officials to sign the agreements.
Committee No. 3, Public Service, reported having considered the matter of temporary construction easement and permanent roadway and utility easement, Watermain project No. 5136 and Paving Project No. 5145, at North 69th Street (lagoon road) between Highway No. 2 and 27th Avenue North or railroad tracks, for and in consideration of the sum of $2.00, Grand Forks County Water Resource District, grantor, and recommended to accept the easement and authorize proper City officials to sign the agreements.
Committee No. 3, Public Service, reported having considered the matter of temporary construction easement and permanent roadway and utility easement for Watermain Project No. 5136 and Paving Project No. 5145 at North 69th Street (lagoon road) between Highway No. 2 and 27th Avenue North or railroad tracks, for and in consideration of the sum of $1,485.00, Violet Korynta Theis Trustee, grantor, and recommended to accept the easement and authorize proper City officials to sign the agreement.
Committee No. 3, Public Service, reported having considered the matter of temporary construction easement and permanent roadway and utility easement for Watermain project No. 5136 and Paving Project No. 5145 at North 69th Street (lagoon road) between Highway No. 2 and 27th Avenue North or railroad tracks, for and in consideration of the sum of $1,897.50, Vincent Jerome (Jerry) Lee, grantor, and recommended to accept the easement and authorize proper City officials to sign the agreement.
Committee No. 3, Public Service, reported having considered the matter of temporary construction easement and permanent roadway and utility easement for Watermain project No. 5136 and Paving Project No. 5145 at North 69th Street (lagoon road) between Highway No. 2 and 27th Avenue North or railroad tracks, for and in consideration of the sum of $698.75, George, Donna and Larry McEnroe, grantor, and recommended to accept the easement and authorize proper city officials to sign the agreement.
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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT NO. 13 TO ENGINEERING
SERVICES AGREEMENT FOR SEWER RESTORATION
AREA 1, PROJECT NO. 4719
Committee No. 3, Public Service, reported having considered the matter of Amendment No. 13, Webster, Foster & Weston, Project No. 4719, Sewer Restoration, and recommended to approve Amendment No. 13 to the engineering services agreement for Sewer Restoration Area 1, City Project No. 4719, and that total compensation due the Engineer for listed projects shall not exceed $1,743,000 unless an increase is mutually agreed to by the parties to the agreement.
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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
ADOPT RESOLUTION CREATING ASSESSMENT
DISTRICT, WATERMAIN PROJECT NO. 5158, DISTRICT
NO. 272
Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 5158, District No. 272, watermain on 55th Avenue South from Washington Street to South 11th Street, and recommended to adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance those improvements.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Klave introduced the following resolution creating the assessment district which was presented and read: Document No. 7937 - Resolution.
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, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.
ACCEPT ENGINEER’S REPORT, WATERMAIN
PROJECT NO. 5158, DISTRICT NO. 272
The deputy city auditor presented and read the engineer’s report on Watermain Project No. 5158, District No. 272: Document no. 7938 - Report.
It was moved by Council Member Klave and seconded by Council Member Lucke that this report be and is hereby approved. Carried 14 votes affirmative.
ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS FOR WATERMAIN PROJECT NO.
5158, DISTRICT NO. 272
Council Member Klave introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 7939 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 5150, DISTRICT NO. 409
The engineer’s estimate of total cost of the construction of storm sewer on South 38th street from 36th Avenue South to the Southend Drainway in the amount of $130,132.84, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5150, District No. 409 storm sewer on South 38th Street from 36th Avenue South to the Southend Drainway, and recommended to pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7940 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 14 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON
BIKEWAY REPAIR PROJECT NO. 5050, DISTRICT
NO. 19
The deputy city auditor reported that the period for filing projects on the resolution of necessity for the improvements in and for Bikeway Repair Project No. 5050, District No. 19, along the English Coulee from 22nd to 24th Avenue South, had expired on March 16, 2000, and that their office had not received written protests (The Park District is the owner of the property and requested the project be special assessed).
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 Klave introduced the following resolution as to protests which was presented and read: Document No. 7941 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that we do hereby find and determine an insufficiency of protest against Bikeway Repair Project No. 5050, District No. 19, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, BIKEWAY
REPAIR PROJECT NO. 5050, DISTRICT NO. 19
The city auditor presented and read the tabulation of bids which had been received and opened on March 13, 2000 for Bikeway Repair Project No. 5050, District No. 19, bikeway repairs along the English Coulee from 22nd to 24th Avenues South, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $57,514.90: Document No. 7942 - Bid Tabulation.
The engineer’s estimate of total cost on Bikeway Repair Project No. 5050, District No. 19, in the amount of $52,500.00, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5050, District No. 19, Bikeway Repairs along the English coulee from 22nd to 24th Avenues South, and recommended to accept the bid of Valley Contracting in the amount of $57,514.90.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 14 votes affirmative.