Council Minutes
17011
May 15, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 15, 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, May 15, 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 OF ALEXANDER GRIGGS AWARD TO
LONNY WINRICH
Mayor Owens stated that the events of the spring of 1997 caused the workload of the Historic Preservation Commission to increase dramatically, that complexity of the federal regulations and intensity of the time constraints, and the myriad of details which could be lost in the mix complicated every action taken in the city; that much of the historic architecture of the city was jeopardized, and during this especially intense period in the history of Grand Forks, Lonny Winrich served as point man for the Preservation Commission; and that the Grand Forks Historic Preservation Commission presented the Griggs Award to Mr. Winrich for his tireless commitment in word and deed to the preservation of Grand Forks’ heritage. Mr. Winrich’s name will be engraved on the Alexander Griggs award plague which hangs in the council chambers.
APPROVE MINUTES, APRIL 6, 2000
Typewritten copies of the minutes of the special city council meeting held on Thursday, April 6, 2000 were presented and read. It was moved by Council Member Klave and seconded by Council Member Martinson that these minutes be approved as read. Carried 15 votes affirmative.
ADOPT ORDINANCE NO. 3849, TO AMEND THE ZONING
MAP TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT LOT B, BLOCK 1, ENDRES-RYDELL SECOND
RESUBDIVISION
An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the B-1 (Limited Business) District and include within the B-3 (General Business) District, Lot B, Block 1, Endres-Rydell Second Resubdivision to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on April 17, 2000, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening, and further that to date no protests or grievances had been filed with his office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The city auditor presented and read the report from the Planning and Zoning Commission that they had
considered the matter of the request from Robert Peterson for final approval of an ordinance to amend the zoning map and to exclude from the B-1 (Limited Business) District and to include within the B-3 (General Business) District Lot B, Block 1, Endres-Rydell Second Resubdivision (located at 1407 24th Avenue South, The Hemmp Center), and recommended final approval and passage of the ordinance amending the zoning map. The recommendation had been moved and seconded by Council Member Hafner and Bakken.
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, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.
SUSPEND RULES AND CONSIDER ITEMS OUT OF
ORDER
Council Member Glassheim moved to suspend the rules and to consider items relating to 1) the matter of funding request for Senior Citizens transportation; and 2) matter of request for ordinance to amend the text of the Land Development code, pertaining to the Grand Forks/East Grand Forks Transportation Plan Update, Year 2022 Street and Highway Element, 1999 Transit, Bikeway and Pedestrian Elements. Council Member Babinchak seconded the motion. Carried 14 votes affirmative.
CONSIDER MATTER OF FUNDING REQUEST FOR SENIOR
CITIZENS TRANSPORTATION
Committee No. 1, Finance, reported having considered the matter of funding request for Senior Citizens transportation, and recommended to allocate a $10,000 grant from cash carryover to operate the Senior Citizens transportation system contingent upon a spirit of cooperation between organizations to conduct a total budgetary review with a report of alternative measures to the finance committee for action by July 15.
It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved.
Clyde Varnson, Nodak Radio Cab Company, stated he does dial-a-ride transportation for the City and directly competes with the Senior Citizens for that work, and distributed copies of letter to the council members for their consideration to perhaps move forward and make a level playing field for all the businesses providing service.
Several individuals in the audience spoke in support of the recommendation:
Gloria Fiest, Riverside Manor, stated that both she and her mother depend very much on the Senior Citizens bus.
Dawn Bower, 1524 North 5th Street, stated that she and her mother depend on the bus as she has no way of taking her mother’s 3-wheeler to the store, etc., and is transportation they can afford.
Nancy Scherer, Ryan House, 23 North 3rd Street, stated it would be devastating for her neighbors if this transportation were discontinued, and funding should be seriously considered.
Henry Valder, homeless, stated he would like to be able to get on the bus with his service animal, and that’s a human rights violation. Mayor Owens asked that he come to her office to discuss this so it will be handled appropriately.
Deacon Sam Pupino, 1019 18th Avenue South, spoke on behalf of his mother and other senior citizens who aren’t eligible for dial-a-ride that do depend on the bus service, and asked that they vote in favor of the request for funding.
Upon call for the question and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
INTRODUCE ORDINANCE TO AMEND THE COMPREHENSIVE
PLAN, PERTAINING TO THE GRAND FORKS-EAST GRAND
FORKS 2022 TRANSPORTATION PLAN UPDATE (2000
STREET AND HIGHWAY ELEMENT, 1999 TRANSIT, BIKEWAY
AND PEDESTRIAN ELEMENTS), AND SET PUBLIC HEARING
FOR JULY 3, 2000
The Planning and Zoning Commission reported having considered the matter of the request from the Grand Forks-East Grand Forks Metropolitan Planning Organization (GF-EGF MPO), for preliminary approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 8, Comprehensive Plan; Section 18-0802, pertaining to the Grand Forks-East Grand Forks Transportation Plan Update, Year 2022 Street and Highway Element, 1999 Transit, Bikeway and Pedestrian Elements), together with all maps, information and data contained therein and approval of a resolution amending same, and recommended preliminary approval and adoption of the Long-Range Transportation Plan elements, except for the designation of 17th Avenue South and 32nd Avenue South as inter-city bridge locations. Also, to ask for the GF-EGF MPO to continue studying the need for a specific bridge, crossing after the 2000 Census data is available and data from the next comprehensive traffic count update is available. Recommend approval of the ordinance and set the date of the public hearing for July 3.
It was moved by Council Member Hafner and seconded by Council Member Martinson that this recommendation be and is hereby approved.
Earl Haugen, MPO, stated they are requesting the council to amend the current Transportation Plan Element of Comprehensive Plan; that essentially the MPO’s request and the Planning Commission’s request differ in one respect only and that is that the MPO is asking to preserve corridors at 17th and 32nd and the Planning Commission is asking not to designate any corridors for preservation; that they both agree that Merrifield is a good location for a truck route bridge and both agree that two years from now when they have the census information and traffic counts that will be taken this fall they will be back to determine a location for a bridge somewhere between the Point Bridge and Merrifield Road.
Mr. Haugen described the process and involvement of the bodies involved and what their role and authority is - that the process is that the MPO adopts the Transportation Plan, that MPO has taken preliminary approval of the Plan before council, that it is referred to each city’s planning commission and each city’s council for their review and comment, that the MPO requests that their Transportation Plan be adopted by each city as part of their city’s comprehensive plan, and MPO by-laws state that approval is not necessary, that if for whatever reason neither side desires to go through the process of amendment that after 60 days the MPO can take final action on a long-range transportation plan for the metropolitan area.
Council Member Martinson stated that approx. a year ago they went through the bridge location process and were told that they needed a location by last fall or otherwise could lose their federal funding; and asked for a copy from the federal government that says that if they don’t put a bridge in place by a specific date that they will lose federal funding. Mr. Haugen stated there is no regulation that says the bridge across the Red River has to be identified, that what the regulations do state is that the MPO has to look 20 years into the future and address deficiencies in the transportation network that they identify what will be in place 20 years from now and plan accordingly; that the MPO executive board a year ago stated that Elks Drive should be a location for one bridge and that Merrifield Road for another bridge purpose; that now the MPO is asking that the cities preserve corridors at 17th and 32nd for potential bridge in the future. He stated he will provide Council Member Martinson a copy of the federal regulations for MPO’s.
Council Member Glassheim asked about process, were any residents on the potentially impacted routes involved during the past year in any discussions and whether this is driven by the MPO and technical people. Mr. Haugen stated that the process has been to ask each city to include it as a part of their comprehensive plan, that there’s a preliminary approval that happened at the last City Planning Commission meeting, that June 7 will be the formal public hearing for the Plan amendment, and the city council will hold a public hearing on July 3 ; and that the MPO will be meeting sometime between now and after July 3. Council Member Glassheim stated that these are the formal requirements for hearings but no actual working with neighborhood residents during the past year; Mr. Haugen stated no.
Roland Scott, 110 32nd Avenue South, stated that his concern is that if the City decided to build a bridge next year, he would be compensated fairly for his house, however, maybe they’re going to build a bridge in 20 years and makes it very difficult for him to sell his house in the future when it’s in a plan to build a bridge there; but that a plan including a bridge on 32nd Avenue would devalue the property of many homes. He thinks in fairness to the public that they ought to cease any planning or discussion of bridge corridors that may or may not happen in the future.
Homer Rovelstad, 3203 Belmont Road, suggested that the bridge will never be built because they have many projects that they will have to pay such as a dike, improved streets, water treatment plant and probably many other things with a much higher priority than a $12-15 million bridge that nobody wants; that the residents don’t need or want a bridge other than at Merrifield Road and will resist building one at any other locations presently under consideration, and asked why being subjected to trauma, anxiety and financial loss by a hypothetical bridge that will never be built, that they can’t afford to lose one resident because of a bridge. He stated that our present city council cannot legislate for future city councils, but would like to see resolution passed that would urge future councils not to consider a bridge at any of these locations except Merrifield Road, and that might give them some assurance that they won’t have to be going through this exercise every year; and this is in addition to rejecting the naming of corridors and bridge sites in the MPO plan under consideration.
Council Member Beyer stated that there are petitions that have been submitted in the past year and those petitions are still valid, and are in the MPO Office.
Melody North, 114 32nd Avenue South, stated that there are other possibilities of a traffic solution if they have a problem and that is a diamond exchange at the corner of South Washington and DeMers Avenue, and that is in the planning possibilities.
Council Member Carpenter stated he doesn’t support the recommendation of the MPO but does support at this stage the Planning and Zoning, but that as he remembers of the studies, the Merrifield Bridge does little or nothing for internal traffic between Grand Forks and East Grand Forks, but primarily a truck route, and doesn’t benefit internally for traffic problems; that Minnesota-4th Avenue South is the area that is going to pay a tremendous price; and 20 years from now will need another bridge in Grand Forks between the two cities, and where it’s going to be and how it should be decided and impacts is something that really needs to be studied and looked at; but shouldn’t designate now but should keep in consideration those two facts about Merrifield and about Minnesota/4th.
Ann Sande, 1110 Belmont Road, stated that Schroeder and Kelly Schools wouldn’t be only schools affected by a bridge or no bridge at 32nd or 17th, and Holy Family School; the school that is being most affected is Phoenix School as well as the United Day Nursery, and things change over time and this is something that they really need to consider; thinks we need another bridge and now is the time to make a decision.
Sandy Norby, 3209 Belmont Road, stated that a lot has changed in both cities in the last three years, both cities have lost a lot of population, that we haven’t done studies on the traffic since then and a lot of East Grand Forks has shifted, their neighborhoods have gone north, their businesses have gone north, and yet we are focusing on southend bridges, and that until this whole situation is studied in depth just putting a lot of people that have barely recovered from the flood through turmoil.
It was moved by Council Member Glassheim and seconded by Council Member Lunak to amend the recommendation to add “..and that residents from potentially affected areas be involved in the study.”
COUNCIL MEMBER LUNAK EXCUSED
After further discussion Council Member Hafner stated that the MPO is going to make the decision, we are only supporting or not supporting it, and MPO may choose these two corridors whether or not we vote for or against it; and moved a motion to amend the amendment to include all citizens (so that everyone has the ability to participate because more areas are affected than just these potential corridors). Council Member Babinchak seconded the motion
Mr. Haugen stated that if they go through the process, public hearings with all citizens involved. The question was raised that if the bridge were sited now by MPO, what would that do to the people who are selling their properties.
Mr. Haugen stated that they can do advance purchase right of way; that as they do development reviews they will add additions or replats that occur and that you could preserve the necessary corridor rights of way, but unless the council adopts it as part of the comprehensive plan, the MPO has no ability to impose those types of preservation activities, that there are local funds and if it’s in the MPO plan that opens the door for some federal funds; and there is funding there.
Council Member Klave stated he doesn’t think we have the proper documentation to make a decision as to location, and whatever neighborhood, if the proper documentation is there, will look at it realistically, that the comments being made are that it’s being made with improper or incorrect documentation, and that people can work with their ward representative and becomes somewhat of a neighborhood issue, all neighborhoods very close and have someone to represent them.
Upon call for the question and upon voice vote, the amendment to the amendment was defeated.
Upon call for the question on the first amendment, and upon voice vote, the motion carried.
Upon call for the question on the original motion, as amended, and upon voice vote, the motion carried 12 votes affirmative; Council Member Bakken voting against the motion.
Council Member Hafner introduced an ordinance entitled “An ordinance relating to the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks city Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks 2022 Transporta-tion Plan Update (2000 Street and Highway Element, 1999 Transit, Bikeway and Pedestrian Elements)”, which was presented, read and passed on its first reading.
HOLD PUBLIC HEARING AND ISSUE FINAL ORDER
FOR DEMOLITION OF SUBSTANDARD BUILDING AT
1324 11TH AVENUE SOUTH
The city auditor reported that notice of a hearing to be held this evening on the substandard building (dwelling) located at 1324 11th Avenue South, had been continued until this evening.
Mayor Owens asked if there was anyone present to present any pertinent facts concerning the matter to the council.
Bev Collings, Inspections Division, reported that along with the Health Department and the Fire Department, the Inspections Department inspected the building at 1324 11th Avenue South, with last inspection October 15, 1999, and that in the interim they’ve been working with the property owner and that the building was damaged by fire and flood, and enumerated the damage under Section X of the City Code Section 10-0401 of the City Code which includes items 2, 3, 4, 5, 7, 8, and 9; that there’s roof structure missing on the house, house has been gutted by the property owner; that 33% of the structure of the house has been damaged, non-supporting members well over 50% and some don’t even exist any longer, insufficient floors and roofs, dangerous to life, safety, morals and general welfare; the building decayed, unsafe, unsanitary for someone to live in it; property in condition that’s unsafe, to general welfare, and doesn’t meet Building Code issues; house has no value, land has value.
There were no further comments and Mayor Owens closed the public hearing.
It was moved by Council Member Beyer and seconded by Council Martinson to adopt the findings of fact, declare the property as substandard and order demolition of the building, and if the City demolishes the structure the cost will be levied as a special assessment against the land upon which the building stands or did stand as specified in Section 10-0406. Carried 13 votes affirmative.
SET PUBLIC HEARING RELATIVE TO ESTABLISHING A
RENAISSANCE ZONE
The city auditor presented the matter of setting a public hearing regarding the establishment of a renaissance zone, and that this is a requirement of the regulations and would need a motion from the floor to do that.
It was moved by Council Member Klave and seconded by Council Member Bakken to set a public hearing relative to the proposal for establishing a renaissance zone as June 5, 2000 at 7:30 o’clock p.m. Carried 13 votes affirmative.
REPORTS OF OFFICERS
The City Auditor’s Investment Report as of April 30, 2000 was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Bakken to receive and file the report. Carried 13 votes affirmative.
REPORT OF BOARD OF ZONING ADJUSTMENTS
A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating
that the Board had held a public hearing in City Hall on Thursday, April 20, 2000, that notice had been published as required and that the following appeals were heard: 1) Rodger Rieger on behalf of the University Lutheran Church, 2122 University Avenue, request for variance to the impervious surface area coverage and landscaping and parking setback requirements in order to add a parking lot addition, and variance approved to allow 76% impervious lot coverage and to allow a five foot buffer yard “S” along the east property line in order to add a parking lot addition; 2) Johnson Laffen Architects on behalf of Holy Family Catholic Church, 1018 18th Avenue South, request for variance to the impervious surface area requirements in order to build an addition, variance approved to allow 51% impervious lot coverage in order to construct an addition to the church; 3) Larry Johnson on behalf of Marshal Guntzburger, 1519 South 15th Street, request for a variance to the accessory building requirements in order to build an addition onto the home, variance approved to allow 44" between the existing detached garage and the proposed addition and allow the existing detached garage to maintain the existing side yard setback between the garage and side lot line, in order to construct an addition on the rear of the home, and any required building code requirements would be required to be complied with that this variance creates.
It was moved by Council Member Bouley and seconded by Council Member Polovitz that this report be and is hereby received and filed. Carried 13 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 00-08, dated May 15, 2000 and totaling $1,413,833.30, 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 Klave 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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.
TABLE REQUEST FROM GRAND FORKS SERTOMA CLUB
FOR CONTRIBUTION FOR 4TH OF JULY CELEBRATION
The city auditor reported that they have received on the item requesting contribution for 4th of July celebration from the Grand Forks Sertoma Club, a letter from the Sertoma Club stating that after careful consideration the Greater Grand Forks Sertoma Club wishes to withdraw their request for $10,000 to support the celebration of the National 4th of July holiday.
Council Member Hamerlik moved to table this item indefinitely; Council Member Babinchak seconded the motion. Carried 13 votes affirmative.
APPROVE EVENTS ON CITY STREETS AND SIDEWALKS
DURING 2000 PRAIRIE ROSE STATE GAMES ON JULY 7-9
Committee No. 2, Public Safety, reported having considered the requests for events on city streets and sidewalks during 2000 Prairie Rose State Games on July 7, 8 and 9, 2000, and recommended approval subject to 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. Carried 13 votes affirmative.
APPROVE APPLICATION FOR CARNIVAL ON MAY 17-29,
AT SOUTH FORKS PLAZA PARKING LOT, AND WAIVER
OF FEE
Committee No. 2, Public Safety, reported having considered the application from the Schoeppner Shows to hold carnival on May 17-29, 2000 on South Forks Plaza parking area, and waive of fee (to United Way), and recommended approval subject to review by city attorney, police, fire and health departments and approval that fee be waived.
It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 13 votes affirmative.
AUTHORIZE POLICE DEPARTMENT TO PURSUE CHARGING
FOR SERVICES DURING MOVING OF BUILDINGS
Committee No. 2, Public Safety, reported having considered the matter of charging for traffic control by police department during moving or relocation of buildings, and recommended approval that the police department pursue charging for services during moves, upon review of the city attorney.
It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE GRANT AGREEMENT WITH NORTH DAKOTA
DEPARTMENT OF HEALTH
Committee No. 2, Public Safety, reported having considered the matter of Health Alert Network Satellite Downlink System grant agreement with North Dakota Department of Health, May 1, 2000 to June 30, 2000, $9,220.00, and recommended approval of the Health Alert Network Satellite Downlink System grant agreement with the North Dakota Department of Health, May 1, 2000 to June 30, 2000, and associated budget amendment for $9,220.00.
It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE BUDGET AMENDMENTS
A request from the Health Department for budget amendment to reflect new 2000 revenue from Health Alert Network Grant in the amount of $9,220.00, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this amendment be and is hereby approved. Carried 13 votes affirmative.
A request from the Police Department for budget amendment in the amount of $2,311.39 to cover unexpected increase for new radio system purchase, was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this amendment be and is hereby approved. Carried 13 votes affirmative.
ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 5155, DISTRICT NO. 134
Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 5155, District No. 134, street lights in Rivers Edge Phase II, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, and 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 these improvements.
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 assessment district, which was presented and read: Document No. 7967 - 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.
ACCEPT ENGINEER’S REPORT, STREET LIGHTING
PROJECT NO. 5155, DISTRICT NO. 134
The city auditor presented and read the engineer’s report on Street Lighting Project No. 5155, District No. 134: Document No. 7968 - 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 OF NECESSITY, STREET LIGHTING
PROJECT NO. 5155, DISTRICT NO. 134
Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7969 - 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.
ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING PROJECT NO. 5154, DISTRICT NO. 133
Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 5154, District No. 133, street lights in Country View 1st Addition, and recommended that we adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, and 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 these improvements.
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 assessment district, which was presented and read: Document No. 7970 - 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.
ACCEPT ENGINEER’S REPORT, STREET LIGHTING
PROJECT NO. 5154, DISTRICT NO. 133
The city auditor presented and read the engineer’s report on Street Lighting Project No. 5154, District No. 133: Document No. 7971 - 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 OF NECESSITY, STREET LIGHTING
PROJECT NO. 5154, DISTRICT NO. 133
Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7972 - 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the resolution adopted.
ACCEPT BID FOR PROJECT NO. 4371, REACTOR BASIN
ROOF STRUCTURES, WASTEWATER TREATMENT PLANT
Committee No. 3, Public Service, reported having considered the matter of bids for reactor basin roof structures, Wastewater Treatment, City Project No. 4371, and recommended that we acknowledge error in bid of Wanzek Construction and allow them to withdraw their bid.
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.
Committee No. 3, Public Service, reported having considered the matter of bids for reactor basin roof structures, Wastewater Treatment, City Project No. 4371, and recommended to accept the bid of Peterson Construction for $1,409,450 for Alternate B.
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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDERS, PROJECT NO. 4822
Committee No. 3, Public Service, reported having considered the matter of change orders, Public Works Facility Renovation, Project No. 4822, #G-6, General Construction, Diversified Contractors, and recommended approval of net (deductive) change order in the amount of $438.00.
Committee No. 3, Public Service, reported having considered the matter of change orders, Public Works Facility Renovation, Project No. 4822, #G-8, Mechanical Construction, C.L.Linfoot Company, and recommended approval of change order in the amount of $351.00 to remove a fan from original location to roof.
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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE SOUTHEND WATER TOWER PAINTING
Committee No. 3, Public Service, reported having considered the matter of southend water tower painting, and recommended that the City authorize a non-standard water tower to highlight any golf course modifications or advertising, subject to the approval of the engineering department.
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.
APPROVE AMENDMENT NO. 7 TO ENGINEERING
SERVICES AGREEMENT, PROJECT NO. 4895
Committee No. 3, Public Service, reported having considered the matter of Amendment No. 7, English Coulee Diversion Utility Relocations, Flood Protection In-Kind Services, engineering agreement, Greater Forks Engineering Group, City Project No. 4895: a) Forcemain Relocation, Project No. 4814, and b) Water System Modifications, Project No. 4816, and recommended to approve Amendment No. 7 in an amount not to exceed $11,471.00 for Project No. 4814 and $13,165.00 for Project No. 4816.
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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE SIDEWALK LIST NO. 2, PROJECT NO. 5103
Committee No. 3, Public Service, reported having considered the matter of sidewalk repair/construction List No. 2 for Project No. 5103, 2000 Sidewalk Repairs, and recommended to approve Sidewalk List No. 2.
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.
APPROVE PROJECT CONCEPT REPORT, PROJECT NO. 5148
Committee No. 3, Public Service, reported having considered the matter of Project Concept Report for Project No. 5148, Intersection Improvements at 32nd Avenue South/South 34th Street and 32nd Avenue South/South 38th Street, and recommended to approve the Project Concept Report.
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.
APPROVE TWO-WAY AGREEMENT FOR PAVING ON
PORTION OF NORTH 48TH STREET, PROJECT NO. 5173
Committee No. 3, Public Service, reported having considered the matter of two-way agreement for Project No. 5173, temporary paving North 48th Street from Gateway Drive to Strata Park, and recommended to authorize entering into the two-way agreement with Strata Corporation.
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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT NO. 2 TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 5048, PAVING 42ND STREET
Committee No. 3, Public Service, reported having considered the matter of Amendment No. 2, construction administration, CPS, Project No. 5048, paving 42nd Street from University Avenue to 29th Avenue South, 17th Avenue from South 42nd to South 35th Street and 11th Avenue South from 40th to 42nd Street, and recommended to approve Amendment No. 2 in an amount not to exceed $718,231.50.
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, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NOS. 5029 AND 5169, UTILITIES IN PERKINS 5TH ADDITION
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Projects Nos. 5029 and 5169, sanitary sewer and watermain in Perkins 5th Addition, and recommended to approve plans and specifications based on final comments of the engineering department, and further that the developer provide the City with record drawings.
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.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5165, PAVING PORTION OF 36TH AVENUE SOUTH
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5165, paving 36th Avenue South from 20th to 25th Street, and recommended to approve the plans and specifications subject to final review by the engineering department.
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.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
5126, PAVING DISTRICT NO. 580
The city engineer’s estimate of total cost of the construction of paving in Kannowski Addition, in the amount of $598,922.62, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5126, District No. 580, paving in Kannowski Addition, 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.
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 which was presented and read: Document No. 7973 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 13 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-