Council Minutes
16937
April 3, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 3, 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, April 3, 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; absent: Council Members Lunak, Klave - 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.
FLOOD REPORT
Ken Vein, City Engineer, reported that the flood report was on the council members’ desks and briefly reviewed several items: that the two cities and the Corps of Engineers have discussed the long term construction schedule for our project and sequencing they were going through, and a copy of that had been sent out, that there is a meeting on April 11 to explain rationale and reasoning for it and answer any questions they might have. He stated that the bids on the construction on the Riverside Dam are due on April 18 and this will be the first phase of our project. He stated that there are two meetings scheduled to explain the general acquisition process that the City will follow: informational session at noon for mayor and council members, and public presentation at 7:00 p.m. He reported they had a meeting on the greenway to give everyone an update on that. Information.
APPROVE MINUTES
Typewritten copies of the minutes of the regular, adjourned and special meetings of the city council held on February 7, February 22, February 24, and March 6, 2000, were presented and read. It was moved by Council Member Bakken and seconded by Council Member Glassheim that these minutes be approved as read. Carried 12 votes affirmative.
ADOPT ORDINANCE NO. 3846, TO ANNEX ALL
OF COLUMBIA PARK 27TH ADDITION
An ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota, all of Columbia Park 27th Addition to the city of Grand Forks, North Dakota”, (located between South 34th Street and South 42nd Street and between Southend Drainway and 32nd Avenue South), which had been introduced and passed on its first reading on Monday, March 6, 2000, 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 exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required and that no protests 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.
It was moved by Council Member Babinchak and seconded by Council Member Glassheim to declare an insufficiency of protest. Carried 12 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call the following voted “aye”; Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the ordinance adopted.
PUBLIC HEARING ON RESOLUTION OF NECESSITY
AND DETERMINATION OF PROTEST FOR PROJECT
NO. 5048, DISTRICT NO. 563; AND APPROVE REVISED
ENGINEER’S REPORT
The 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, paving 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, which had been continued to 5:00 p.m. this date, April 3, 2000, had expired and that a number of protests had been received prior to 5:00 p.m. and those petitions will be referred to the engineering department for calculation of protest.
Mayor Owens called for the public hearing and the following individuals addressed the council.
Tom Hagness (former city council member) spoke in favor of the project, that it was necessary because of the Aurora, that 42nd Street, 17th Avenue South, University Avenue were all part of the original planning to complete the Aurora and that the funds should come out of the Aurora project, and project shouldn’t be treated any differently than Gateway Drive, South Washington Street or other projects that are necessary for the movement of all the traffic in the city, and that the residents of the city and especially the ones that are off of 42nd Street and off of 17th Avenue should be relieved of the high cost of any assessments for this project.
Ben Trapnell, 1806 South 38th Street, stated that there’s a 1.6 million sq. ft. section of the assessment area that is included in the overall area to be considered for the assessment but has not actually been assessed, area north of DeMers and on UND property; and if not assessed why was it included in the assessment district. Mr. Trapnell stated that they do not have a say at this point because of this piece of property to come up with 51% in terms of ownership. Mr. Warcup stated that property is included in the overall calculation and that even though there is no particular assessment estimated at this point, that particular property still has the opportunity to protest.
The city auditor reported that when the district was established that was included in the area but when the Assessment Commission went to levy the benefits they reserved that area if 34th would go through so there would be a property to assess 34th. He also stated that the city council will not make the assessment decision, that decision is made by the Special Assessment Commission and residents would have an opportunity to be present at that particular hearing.
John Hoff, stated he is running for city council in Ward 2, stated that what is happening is unfair, and would be great to document these promises and find out when they were made, etc. and see if they rise to the level of a verbal contract.
Terry Swenson, 3934 15th Avenue South, stated that 99% of private property owners reached by the petition group officially protested the Aurora road assessment, and that according to city council resolution minutes of June 2, 1995 homeowners were told that any roadwork necessary to accommodate the needs of the City-owned event center would be planned for and would be included in the overall funding package for the Aurora. She stated that they have 6,514,885 sq.ft. represented by protested properties, that the sq.footage owned by these people represents 48.2% of the total sq. footage, the other properties are owned by the City or the State of North Dakota. She stated in the 17th Avenue South project, there are 127 properties assessed of which 2 are City-owned, out of the 125 private individuals assessed for that project, two people declined; out of the 393 properties assessed for 42nd Street, 20 unreachable, 38 owned by public entities, and 336 people have protested the assessment and those statistics are something they should pay attention to. She stated they do not have the 51% nor can they get it without publicly owned entities, and doesn't think it’s fair. She stated they have another interesting statistic that of the $1,565,000 being assessed individually other than publicly owned entities or non-profit groups, almost $1.4 million are represented by people protesting this project.
Mrs. Georgia Heitmann, 91 Grassy Hills Lane, stated they are in the assessed district, have the west tree farm, and presented to the council packets and tried to be concise and put protest into writing. She stated that all the documents she has backed up with attachments, she has the complete original documents covering everything, and that she has a couple questions that have arisen in the last week pertaining to the assessment: 1) that originally when involved in going back to the fall of 1996, the spring of 1997, it was maintained that it would be an 80-20% street because it was an arterial street, now they are hearing that the funds have been used up on other projects and that its 41 to 43% assessed against the property owners. 2) She stated her other question is that a comparable street is North 55th Street, which she has been told by City staff, was assessed 80% to the property owners and 20% was paid with federal or state funds, and if that street amounted to an assessment of those property owners at 39 cents, why does this street start at 59 cents and by an act of this Commission go to 35 cents.
Mr. Grasser stated that North 55th Street is an 80-20% split but its 80% special assessed and 20% City funds, there are no state or federal funds involved in that project but the City did pick up some additional portions of the RR crossings, etc. but no federal aid urban or state funds. He stated that the original assessment for 42nd Street was 80% special assessed and 20% City funds and were figuring a 41 ft. street and wouldn’t have brought in any federal money, the street is now 45 ft. so there is federal money that has been brought into the project. Mr. Grasser stated that last week they tried to take out any of the extraneous things that they could identify, that the concrete was thicker on 42nd, that because of subgrade conditions the gravel was deeper, and even trying to bring all of those items out, it still came in high, and the items that are still keeping 42nd Street higher is the fact that there are some additional costs for storm sewer, storm sewer on 17th Avenue South included with the paving, and that’s part of the difference in cost, some of it they couldn’t identify, and that’s why the city council arbitrarily picked 35 cents because that puts it back into the range of the other projects.
Mike Polovitz, 2529 9th Avenue North, (former mayor) stated he fought for this project over the years because he felt it was something the city needed, and it was his understanding that 42nd Street was going to be part of the total project, and if there is enough money in the Aurora fund to absorb this cost over a period of time. The city auditor stated no, that when the bonds were sold there was $4.3 million included in that bond sale for infrastructure off-site and that money has been used to pay for the sanitary, storm sewer, property’s share of paving including the properties outside of city limits and has paid for the watermain, and there is now approx. $100,000 left of those funds. Mr. Polovitz stated that they should look at the Capital Improvements Plan, some changing on priorities, excess sales tax and other income in the city budget to do as much as can to get rid of that assessment or make it as small as possibly can.
Other individuals protesting the assessment district were as follows:
Tim Lamb, 1704 Belmont Road, stated he has a small piece of property in this area that’s being assessed.
Clarence Nikle stated he has property at 1703 South 35th which was assessed for 17th and that the Aurora is main reason for road improvements, and was led to believe that special assessments for that infrastructure would be borne by that project; that he doesn’t object to paying his fair share but believes that the Aurora is the bigger culprit and if the area that currently isn’t in the city limits, is being set aside to be assessed their fair share after they come into the city and a fair distribution would be to pay side street, arterials E/W and in front of your house
The city auditor stated that there was a worksheet re. $4.3 million and that worksheet was presented through committees and council to come up with what the bond issue would be and there was a column for anticipated special assessments.
Ken Vein, city engineer, stated that back in September, 1996 they looked at a matrix for how the streets would be assessed and be paid, and at that time they did not consider any federal funding for 42nd Street, that the only federal funding they were looking at in this matrix was $4 million that was estimated for the grade separation crossing, that they looked at a number of other options for assessing to adjacent properties and using city sales tax to pay for other portions and City’s Share. He stated that they did not at that time have a plan on federal funding, and whether something else in the CIP or something beyond it, would have to go back and do further research.
Duane Espegard, 3649 Lynwood Circle, stated they appreciated the council’s cutting back the cost to 35 cents and understands that if you live in a city you have to pay for part of the specials that are there; but that he sees this as a project that belongs to the Aurora because it has to be done now. He stated he felt there was something wrong when there’s a special that virtually 100% of the residents say they don’t want to pay it, there’s something wrong when the government controls 58% of the project and can levy a tax, there’s something wrong when people can’t have representation because they can’t possibly get a majority, and there’s something wrong in the project that was done but the people didn’t have representation.
Mathew Brink, 3102 24th Avenue South, stated that this is a city-wide project and as a city should all be paying for it, and find revenue from somewhere else, not a localized project for the people in this assessment.
Mayor Owens closed the public hearing, and stated that the petitions of protest were filed at approximately 5:00 p.m. and there was not sufficient time to make an accurate calculation, and in the best interests of everyone if staff is given enough time to go through these in proper and thorough manner, and asked that we hold a special city council meeting on Thursday, April 6, at 7:00 p.m. at which time there will be an accurate count on those petition prior to making any decision on this issue.
It was moved by Council Member Hafner and seconded by Council Member Beyer to table this matter to 7:00 p.m. on Thursday, April 6. Carried 11 votes affirmative; Council Member Polovitz voted against the motion.
Committee No. 3, Public Service, reported having considered the matter of revised Engineer’s Report on 42nd Street, Project No. 5048, District No. 563, and recommended to approve the revised Engineer’s Report: Document No. 7942.2 - Report.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this report be and is hereby approved. Carried 12 votes affirmative.
Thomas Hagness stated the council members don’t have to take protest into account when considering this project, that if there are funds out there that can be expended or funds that could be used for 42nd Street and 17th Avenue, that’s what should be discussed on Thursday night, and they would like to know if you’re going to represent them even though their protest wasn’t enough to do away with this project. Mayor Owens stated that will be discussed on Thursday evening and is part of the process.
It was noted that there’s a motion coming out of the committee of the whole to reduce it and council will act on that matter and that cannot be acted upon until after they know the sufficiency or insufficiency of the protests.
MATTER OF PROPOSED AMENDMENTS FOR 1999
CDBG PROGRAM
The city auditor presented the matter of the public hearing on the proposed amendments for the 1999 CDBG Program; that this is an item that was received and addressed 30-days ago, and proposing to allocate up to $47,000 of program income generated from a HUD Disaster Grant to increase funding for a previously approved project, the summer Youth Work Program, and the additional funding will allow the program to expand its scope to include such activities as beautification, a disaster memorial, senior citizens center, etc.; and proposing to allocated up to $205,000 of program income for a new activity - to develop Town Square, a park, in the downtown low and moderate income target area with income generated from the HUD Disaster grant.
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 public hearing was closed.
It was moved by Council Member Bakken and seconded by Council Member Hafner to approve the amendments to the 1999 CDBG Program. Carried 12 votes affirmative.
ADOPT RESOLUTION TO VACATE PORTION OF
BIKEWAY/WALKWAY EASEMENT IN MEDVUE ESTATES
SIXTH RESUBDIVISION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all that portion of a 20-foot wide east/west bikeway/walkway easement shown and identified in Lot E, Block 1 of a Replat of Lot 1, Block 1, Medvue Estates 6th Resubdivision and shown and identified in Lots K and P, Block 1 of a Replat of Lots 2 and 3, Block 1, Medvue Estates Sixth Resubdivision, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with his office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter.
Patty Eider, 2814 17th Avenue South, asked for an explanation on this matter.
Dennis Potter, city planner, stated they are looking to vacate the bikeway/walkway easement that starts at Columbia Road on the eastern edge of the Medvue Townhouse Development and then flows west to the Coulee, this has been an element of discussion for approximately the last two years and finally been resolved so they can vacate that because the bikepath will be built along 17th Avenue South. He stated they want to get rid of the easement and then go to the next step.
Wayne Mohagen, 2809 Knight Drive, stated he was here on behalf of his neighbors and all the members of Fairwood Townhomes, that this is their second request to vacate the bikeway easement area, the first request was denied because of the undecided 17th Avenue bikepath project, since that project has been approved they feel that there should be no reason for the city council not to approve their request to vacate the easement, that their intentions would be to plant a hedge along the boundary, to beautify the area and give more privacy from the traffic in the Medvue Professional Park.
There were no additional comments from the audience and Mayor Owens closed the public hearing.
It was moved by Council Member Hafner and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 12 votes affirmative.
Council Member Martinson introduced the following resolution which was presented and read: Document No. 7943 - Resolution.
It was moved by Council Member Martinson and seconded by Council Member Bakken that this resolution be and is hereby adopted. Carried 12 votes affirmative.
DESIGNATE POLLING PLACES AND APPOINTMENT
OF ELECTION INSPECTORS FOR JUNE 13 ELECTION
The city auditor presented the listing of polling places and inspectors of election for the June 13 election in the city of Grand Forks: Document No. 7943.1 - Listing.
It was moved by Council Member Bakken and seconded by Council Member Hamerlik to approve the listing of inspectors and polling places for the primary and Biennial City election to be held on Tuesday, June 13, 2000, and to set the hours of election for the city of Grand Forks as 7:00 a.m. to 8:00 p.m. Carried 12 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 00-05, dated April 3, 2000, and totaling $1,493,452.60, 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 Beyer 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; and the following voted “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.
APPROVE APPLICATION FOR EXEMPTION OF
IMPROVEMENTS TO PROPERTY AT 601 UNIVERSITY
AVENUE, KNIGHTS OF COLUMBUS BUILDING ASSN.
Committee No. 1, Finance, reported having considered the matter of application for exemption of improvements to property by Knights of Columbus Building Association, 601 University Avenue, and recommended approval of a three-year exemption in the amount of $34,600.00 for 601 University 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, Polovitz, Lucke Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; and the following voted “nay”: none. Mayor Owens declared the motion carried.
APPROVE EMPLOYMENT PROCESS TASK FORCE
RECOMMENDATIONS
Committee No. 1, Finance, reported having considered the matter of Employment Process Task Force recommendations, and recommended to adopt the Employment Process Task Force recommendations and instruct the city attorney to draft the necessary amendment to the City Code to implement.
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 DEPARTMENT OF FINANCE RESTRUCTURING
Committee No. 1, Finance, reported having considered the matter of Department of Finance restructuring, and recommended approval of the Finance Department restructuring including approval of the assistant city clerk and budget officer positions, contingent upon not authorizing the job description for the purchasing/asset position until it comes back with more information to Finance Committee.
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.
AUTHORIZE HIRING PHONE CONSULTANT
Committee No. 1, Finance, reported having considered the matter of authorization to hire phone consultant, and recommended approval to enter into a contract with Elert & Associates to conduct a needs assessment and telephone audit in a not to exceed amount of $3,200 from the IS budget.
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, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; and the following voted “nay”: none. Mayor Owens declared the motion carried.
APPROVE PUBLIC HEARING ON PROPOSED PROJECT
BY VALLEY MEMORIAL HOMES
Committee No. 1, Finance, reported having considered the matter of Valley memorial Homes MIDA bonds, and recommended to approve the notice of the public hearing to occur on April 17 on the proposed project by Valley Memorial Homes.
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, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; and the following voted “nay”: none. Mayor Owens declared the motion carried.
INTRODUCE ORDINANCE RELATING TO SALES
AND USE TAXES
Committee No. 1, Finance, reported having considered the matter of use tax, and recommended to establish a July 1, 2000 effective date for the use tax and the bid date and that the percentage be as determined by the auditor’s office, and to introduce the ordinance.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved.
The city auditor reported that on the matter of the use tax they worked up an allocation of that tax based on the dollar amount that they had received from the State Tax Department, to make the council aware they will come back a year after collection and review the percentage calculation to make sure it’s where they thought it should be so all the various taxing areas were allocated correctly.
Upon call for the question and upon voice vote the motion carried 12 votes affirmative.
Council Member Carpenter introduced an ordinance entitled “An ordinance amending Article 1 of Chapter XXII of the Grand Forks City Code relating to sales and use taxes”, which was presented, read and passed on its first reading.
APPROVE BIDS FOR WIRING AND INSTALLATION OF
CABLE TV FOR BROADCAST IN CITY HALL
Committee No.1, Finance, reported having considered the matter of bids for council cable t.v. broadcasts, and recommended to approve the bids from Ron’s Electric in the amount of $1,100.00 and from Face to Face Communications in the amount of $12,754.00 for the wiring and installation of cable t.v. for broadcast in City Hall.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved.
Tim Burke urged the council to reject the bids for the equipment to televise the city council meetings, that based on the information he received from the Public Information Office, the equipment would require an operator to run the equipment during the meetings and that their staff would run the equipment, that staff is funded by CDBG funds and contracts end in October and/or February 25, and would suggest alternatively to provide an audio fee and forego the video portion of the system and ask the cable system to run it either on UND cable channel 3 where you would run the whole program or on Channel 6 (ad channel)
Council Member Glassheim stated that this came out of the Government Structure Review Committee and it seemed like a good idea to make available to the citizens of Grand Forks. Council Member Babinchak stated that she agreed with Council Member Glassheim and if there was a special flood protection meeting, a special assessment committee meeting or such that those meetings could be taped and played on the week-end on cable channel so that if someone was not able to come to that meeting that the information would be available for them, and that this is on a year to year basis with UND and if find out in a year it’s not being utilized council could do away with it, and encouraged council to vote for it.
John Hoff spoke in support of this item.
Upon call for the question and upon roll call vote the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner, Martinson - 10; voting against the motion: Council Members Polovitz, Bouley - 2. Mayor Owens declared the motion carried.
ADOPT RESOLUTION RELATING TO $13.2 MILLION
SRF LOAN
Committee No. 1, Finance, reported having considered the matter of resolution relating to $13.2 million SRF loan (resolution selling and authorizing the issuance of $13,200,000 Water Utility Revenue Bonds, Series 2000A, to finance the undertaking of an expansion and improvement of the Municipal Water Utility), and recommended approval.
It was moved by Council Member Hamerlik and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Hamerlik introduced the resolution which was presented and read: Document No. 7944 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; and the following voted “nay”: none. Mayor Owens declared the motion carried.
APPROVE REQUESTS FOR VARIANCES TO THE
NOISE ORDINANCE
Committee No. 2, Public Safety, reported having considered the request for variance to the noise ordinance by Phi Delta Theta Fraternity on may 5 from 12:00 noon to 12:00 midnight, and recommended to approve the noise variance for the Phi Delta Theta Fraternity on May 5 until 12:00 midnight.
Committee No. 2, Public Safety, reported having considered the request for variance to the noise ordinance by Walsh Hall Government for annual Walsh Stock on April 28, and recommended approval of a noise variance for Walsh Hall Government on April 28 to 10:00 p.m.
Committee No. 2, Public Safety, reported having considered the request for variance to the noise ordinance by Smith Hall for annual year-end spring party on April 29, and recommended approval of a noise variance for the Smith Hall Spring party on April 29 until 12:00 midnight.
It was moved by Council Member Martinson and seconded by Council Member Bouley that these recommendations be and are hereby approved. Carried 12 votes affirmative.
APPROVE APPLICATION FOR KRAFT FIELD BEER
LICENSE (ON-SALE) BY GRAND FORKS CHANNEL
CATS
Committee No. 2, Public Safety, reported having considered the application for Kraft Field beer license (on-sale) by Grand Forks Channel Cats, and recommended approval of an on-sale beer license for the Grand Forks Channel Cats for the summer contingent upon appropriate staff review.
It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE EXPANSION OF NO PARKING ON 27TH
AVENUE SOUTH EAST OF SOUTH 25TH STREET
Committee No. 2, Public Safety, reported having considered the matter of parking on north side of 27th Avenue South, and recommended approval of an expansion of no parking to a distance of 50 feet on either side of the two driveways on 27th Avenue South running east of South 25th Street and asked the police department to monitor more closely.
It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE SIGNING AT SOUTHEND FIRE STATION
Committee No. 2, Public Safety, reported having considered the matter of signing around southend fire station, and recommended to approve the installation of two fire truck diamond-shaped signs, no parking signs on Columbia Road and 35 mph speed limit signs.
It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE CROSSWALK AT 13TH AVENUE SOUTH
AND RIDER ROAD
Committee No. 2, Public Safety, reported having considered the request for crosswalk at 13th Avenue South and Rider Road, and recommended approval of a crosswalk.
It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE GRANT AGREEMENTS WITH HEALTH
DEPARTMENT
Committee No. 2, Public Safety, reported having considered the matter of grant agreement with Health Department, Child Care Resource/Referral Grant Program with Tri-Valley Opportunity Council, and recommended approval (grant from March 1, 2000 to June 30, 2000 in the amount of $6,000).
Committee No. 2, Public Safety, reported having considered the matter of grant agreement with Health Department, Healthy Families America Grant Program with Lutheran Social Services of ND, and recommended approval (grant from March 1, 2000 to June 30, 2001, $130,615.00).
It was moved by Council Member Martinson and seconded by Council Member Bouley that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motions carried.
APPROVE BID FOR RADIO SYSTEM FOR POLICE
DEPARTMENT
Committee No. 2, Public Safety, reported having considered the matter of radio system for police department, and recommended approval of the bid from Stone’s Radio in the amount of $317,688.61 for a police department radio system contingent upon city attorney’s review.
It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved.
A request from the Police Department for transfer of $193,725.94 from Cash Carryover to be used for new radio system purchase, was presented and read. It was moved by Council Member Bakken and seconded by Council Member Beyer to amend the motion to include the transfer of funds. Carried 11 votes affirmative; Council Member Brooks voting no.
Upon call for the question on the motion as amended and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Lucke Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak, Bakken, Hafner, Martinson - 12; and the following voted “nay”: none. Mayor Owens declared the motion carried.
APPROVE BUDGET AMENDMENTS
A request from the Health Department, Flood Recovery Nursing Grant, for transfer of $14,187 to reflect unexpended grant funds from revenue in 1999 and anticipated funds in 2000, was presented and read.
A request from the Health Department, Communicable Disease, Project #2033.1, for transfer of $10,000 to reflect grants to Youth Committee from Smith Kline Beecham for Immunization Programs, was presented and read.
A request from the Health Department for transfer of $8,000 from 1999 Cash Carryover to cover amount not budgeted for in parking, to purchase furniture and office equipment, was presented and read.
A request from the Health Department, Mosquito Control, for transfer of $68,219.00 from 1999 Cash Carryover for additional salary and fringe for regular and contract employees and operational expenses for remainder of year, was presented and read.
A request from the Health Department for transfer of $130,615.00 to reflect funds for program costs for Healthy Families American agreement, was presented and read.
It was moved by Council Member Martinson and seconded by Council Member Bouley that these requests for budget transfers be and are hereby approved. Carried 11 votes affirmative; Council Member Brooks voting against the budget transfers.
DECLARE EMERGENCY AND AUTHORIZE REPAIR OF
RED LAKE RIVER TRANSMISSION PIPELINE REPAIR,
PROJECT NO. 5162
Committee No. 3, Public Service, reported having considered the matter of emergency repair of Red Lake River transmission pipeline repair, project No. 5162, and recommended to declare this an emergency and approve a budget amendment in the amount of $44,000.00.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE EASEMENT ALONG 42ND STREET FROM
BNSF RAILROAD, PROJECT NO. 5048
Committee No. 3, Public Service, reported having considered the matter of easement along 42nd Street from BNSF Railroad for Project No. 5048, and recommended approval of the easement in the amount of $13,200.00.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE COST PARTICIPATION AND MAINTENANCE
AGREEMENT WITH BNSF RAILROAD FOR CROSSINGS
ON 42ND STREET AND ON UNIVERSITY AVENUE,
PROJECT NO. 5048
Committee No. 3, Public Service, reported having considered the matter of cost participation and maintenance agreements with BNSF Railroad for crossings on 42nd Street, north of DeMers Avenue, and on University Avenue, east of 42nd Street, for Paving Project No. 5048, and recommended to approve the easement and approve the cost participation and maintenance agreements in a total consideration of $581,587.00 (including easement of $13,200.00)
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT NO. 2 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECTS NOS. 5071
THROUGH 5084, AND 5090, 5091 AND 5161
Committee No. 3, Public Service, reported having considered the matter of Amendment No. 2, construction administration, with Advanced Engineering for Projects Nos. 5071, water tower at CBD, through 5084, 5090, 5091 and 5161, with Advanced Engineering, and recommended to approve Amendment No. 2, which reduces the maximum in the agreement by over $300,000, down to $751,583.00.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Beyer, Babinchak Bakken, Hafner, Martinson - 12; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE PLANS AND SPECIFICATIONS FOR
PROJECTS NOS. 5131, 5132, 5133 AND 5134, UTILITIES
AND PAVING IN COLUMBIA PARK 27TH ADDITION
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Projects Nos. 5131, 132, 5133 and 5134, sanitary sewer, watermain, storm sewer and paving in Columbia Park 27th Addition, CPS, Ltd., and recommended to approve plans and specifications, contingent upon final review by the engineering department.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS AND
AUTHORIZE CALL FOR BIDS, PAVING PROJECT
NO. 5157
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5157, paving South 34th Street from 32nd to 36th Avenues South, and recommended approval of plans and specifications and authorization to advertise for bids.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 12 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 5158, WATERMAIN DISTRICT NO. 272
The city engineer’s estimate of total cost of the construction of watermain on 55th Avenue South from South Washington Street to South 11th Street, in the amount of $27,610.00, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5158, District No. 272, watermain on 55th Avenue South from Washington Street to South 11th Street, 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.