Council Minutes
17059
June 19, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 19, 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, June 19, 2000 at the hour of 7:30 o’clock p.m. with President Carpenter presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Babinchak, Hafner, Martinson - 12; absent: Council Members Klave - 1.
President Carpenter announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter.
COUNCIL MEMBER BEYER REPORTED PRESENT
APPROVE MINUTES JUNE 5, 2000
Typewritten copies of the minutes of the regular city council meeting held on Monday, June 5, 2000, were presented and read. It was moved by Council Member Martinson and seconded by Council Member Bakken that these minutes be approved as read. Carried 13 votes affirmative.
Howard Swanson, city attorney, reported that under both State law and the Grand Forks City Code this council is not able to give final approval to a second reading of an ordinance at its last meeting, and it is, therefore, his recommendation that items relating to ordinances be tabled to the next regularly scheduled council meeting on July 3, 2000.
TABLE MATTER OF SECOND READING OF ORDINANCE
RELATING TO ESTABLISHMENT OF A PUBLIC ENTERPRISE
KNOWN AS THE RED RIVER RENAISSANCE
An ordinance entitled “An ordinance enacting Article 3 of Chapter XXIV of the Grand Forks city Code relating to the establishment of a public enterprise known as the Red River Renaissance”, which had been introduced and passed on its first reading on June 5, 2000, was presented and read for consideration on second reading.
It was moved by Council Member Brooks and seconded by Council Member Hafner to table second reading of this ordinance to July 3, 2000. Carried 13 votes affirmative.
TABLE MATTER OF SECOND READING OF ORDINANCE
RELATING TO INCREASING TRAFFIC FINES
An ordinance entitled “An ordinance amending Section 8-1503 relating to penalties for specified traffic and motor vehicle offenses, Section 9-0503 relating to penalties for specified criminal offenses, and Section 11-0112 relating to the fee for impounding animals at large”, which had been introduced and passed on its first reading on June 5, 2000, was presented and read for consideration on second reading.
It was moved by Council Member Brooks and seconded by Council Member Hafner to table second reading of this ordinance to July 3, 2000. Carried 13 votes affirmative.
TABLE MATTER OF SECOND READING OF ORDINANCE
RELATING TO ANIMAL PICKUP FINE INCREASE
An ordinance combined with the above ordinance, which had been introduced and passed on its first reading on June 5, 2000, was presented and read for consideration second reading.
It was moved by Council Member Brooks and seconded by Council Member Hafner to table second reading of this ordinance to July 3, 2000. Carried 13 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 5003, DISTRICT NO. 566
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 566, Project No. 5003, paving on 36th Avenue South from Columbia Road to South 30th Street, had expired on June 8, 2000, and that he had received no written protests.
President Carpenter called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Bakken introduced the following resolution as to protests which was presented and read: Document No. 7982 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Brooks that we do hereby find and determine an insufficiency of protest against Paving District No. 566, Project No. 5003, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5003, DISTRICT NO. 566
The city auditor presented and read tabulation of bids which had been received and opened on Monday, June 12, 2000 for Paving Project No. 5003, District No. 566, paving of 36th Avenue South from Columbia Road to South 30th Street, indicating that Opp Construction, LLC was the low bidder based upon their bid in the amount of $104,858.45: Document No. 7983 - Bid Tabulation.
The city engineer’s estimate of total cost on Paving Project No. 5003, District No. 566, in the amount of $133,200.00, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5003, District No. 566, paving 36th Avenue South from Columbia Road to South 30th Street, and recommended to accept the low bid of Opp Construction, L.L.C. in the amount of $104,858.45.
It was moved by Council Member Hafner and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Hafner introduced the following resolution which was presented and read: Document No. 7984 - Resolution.
It was moved by Council Member Hafner and seconded by Council Member Lunak that this resolution awarding the contract for Paving Project No. 5003, District No. 566, to Opp Construction, L.L.C. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the resolution adopted and the contract awarded.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 5005, DISTRICT NO. 567
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 567, Project No. 5005, paving Balsam Circle and 36th Avenue South from South 34th Street to Balsam Circle, had expired on June 15, 2000, and that he had received no written protests.
President Carpenter called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Hafner introduced the following resolution as to protests which was presented and read: Document No. 7985 - Resolution.
It was moved by Council Member Hafner and seconded by Council Member Glassheim that we do hereby find and determine an insufficiency of protest against Paving District No. 567, Project No. 5005, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5005, DISTRICT NO. 567
The city auditor presented and read tabulation of bids which had been received and opened on Monday, June 12, 2000 for Paving Project No. 5005, District No. 567, paving Balsam Circle and 36th Avenue South from South 34th Street to Balsam Circle, indicating that Opp Construction, LLC was the low bidder based upon their bid in the amount of $107,515.60: Document No. 7986 - Bid Tabulation.
The city engineer’s estimate of total cost on Paving Project No. 5005, District No. 567, in the amount of $136,600.00, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5005, District No. 567, paving Balsam circle and 36th Avenue South from South 34th Street to Balsam Circle, and recommended to accept the low bid of Opp Construction, L.L.C. in the amount of $107,515.60.
It was moved by Council Member Hafner and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Hafner introduced the following resolution which was presented and read: Document No. 7987 - Resolution.
It was moved by Council Member Hafner and seconded by Council Member Bakken that this resolution awarding the contract for Paving Project No. 5005, District No. 567, to Opp Construction, L.L.C. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the resolution adopted and the contract awarded.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO. 5126, DISTRICT NO. 580
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 580, Project No. 5126, paving in Kannowski’s First Addition, had expired on June 15, 2000, and that he had received no written protests.
President Carpenter called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Hafner introduced the following resolution as to protests which was presented and read: Document No. 7988 - Resolution.
It was moved by Council Member Babinchak and seconded by Council Member Bakken that we do hereby find and determine an insufficiency of protest against Paving District No. 580, Project No. 5126, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5126, DISTRICT NO. 580
The city auditor presented and read tabulation of bids which had been received and opened on Monday, June 19, 2000 for Paving Project No. 5126, District No. 580, paving in Kannowski’s First Addition, indicating that Urban Contracting, L.L.C. was the low bidder based upon their bid in the amount of $484,170.00: Document No. 7989 - Bid Tabulation.
The city engineer’s estimate of total cost on Paving Project No. 5126, District No. 580, in the amount of $614,900.00, was presented and read.
Al Grasser, assistant city engineer, reported that construction bids were opened today for Project No. 5126, District No. 580, paving in Kannowski’s First Addition, and recommended to accept the low bid of Urban Contracting, L.L.C., Fargo, in the amount of $484,170.00.
It was moved by Council Member Lucke and seconded by Council Member Hafner to accept the low bid of Urban Contracting, L.L.C. in the amount of $484,170.00. Carried 13 votes affirmative.
Council Member Lucke introduced the following resolution which was presented and read: Document No. 7990 - Resolution.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 5126, District No. 580, to Urban Contracting, L.L.C. be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the resolution adopted and the contract awarded.
REPORTS OF OFFICERS
The city auditor’s statement of changes in cash balances as of May 31, 2000, was presented and read. It was moved by Council Member Bakken and seconded by Council Member Beyer that this report be and is hereby received and filed. 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, June 1, 2000, that notice had been published as required and that the following appeals were heard: 1) Jon and Diane Dorner, 2020 6th Avenue North, request for a variance to the impervious surface area coverage requirement in order to build a detached garage, variance approved allowing up to 55% impervious surface area coverage on the property to construct a detached garage; 2) David Leonardi, 624 5th Avenue south, request for variance to the sideyard setback and impervious surface area coverage requirements in order to build an addition to the home, variance approved to allow a two foot sideyard setback in order to construct an addition to the house; 3) City of Grand Forks, Office of Urban Development, 216 South 3rd Street, request for variance to the floodproofing requirements in order to move a historic building to the site, variance approved allowing a building that may be moved to the site known as the Boomtown Building from South 3rd Street not to be elevated above the 100 year floodplain elevation due to its historical listing; and 4) Gregory J. and Lynette Norman, 208 Cleo Court, request for variance to the rear yard setback requirements to build an addition onto the rear of the house, variance approved to allow a rear year setback of 18 ft. in order to construct an addition to the house.
It was moved by Council Member Hafner and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 13 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 00-10, dated June 19, 2000 and totaling $1,080,748.29, 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 Glassheim 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried and the bills ordered paid.
REFER ITEMS BACK TO COMMITTEE
President Carpenter asked it there were any items/ that the council wished to send back to committee for further consideration.
Council Members Hafner and Lucke asked that the matter of negotiating the engineering services agreement for the new landfill siting environmental impact statement (EIS), Project No. 5178, be referred back to committee for consideration at the July 10 committee meeting.
Council Members Lunak and Brooks asked that the matter of CDBG funded contract renewals, including special project coordinator, be referred back to committee to allow the new city council to consider this matter.
After considerable discussion and upon voice vote the motion was defeated.
APPROVE LEASE AGREEMENT WITH GREATER GRAND
FORKS SENIOR CITIZENS ASSN., INC.
Committee No. 1, Finance, reported having considered the matter of lease agreement with Greater Grand Forks Senior Citizens Assn., Inc., and recommended approval of a three-year lease agreement at $1.00 pending approval by the city attorney.
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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.
INTRODUCE ORDINANCE RELATING TO OATHS OF
MUNICIPAL OFFICERS
Committee No. 1, Finance, reported having considered the matter of oath of office for appointees to various committees, boards, commissions, and authorities, and recommended to adopt an ordinance with regard to an oath of office.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Babinchak introduced an ordinance entitled “An ordinance repealing Sections 3-0602 through 3-0604 and adopting a new Article 1 to Chapter III of the Grand Forks City Code relating to the oaths of municipal officers.
ACCEPT LOW BID FOR DOCUMENT SCANNING
SOFTWARE
Committee No. 1, Finance, reported having considered the matter of consideration of bids for document scanning software, and recommended approval of the low bid from ISC in the amount of $13,871.00 for scanning software.
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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.
AUTHORIZE CONTRIBUTION FOR FORKS AREA SPORTS
ASSOCIATION FOR FACILITATING AND PROMOTING
SPORTS DEVELOPMENT
Committee No. 1, Finance, reported having considered the request from Forks Area Sports Association (FASA) for contribution for facilitating and promoting sports development (replace and expands focus of Gold Medalist Club), and recommended to deny request.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved.
Larry Humble, 3378 Primrose Court, president of FASA, reported that the funding request for $5,000 is to help throughout the entire year and that this is an opportunity for the City of Grand Forks and money for sporting events is a great economic impact. He also reported that they received $300 from each of the 100+ business members of the Chamber of Commerce, $2,000 from the Convention & Visitors Bureau, trade-out with University of North Dakota, $300 plus use of facilities, and use of areas by Park District.
Bob Gustafson, Chamber of Commerce, spoke in support of the program and their request for funding..
Upon call for the question and upon roll call the following voted “aye”: Council Members Brooks, Hamerlik, Bouley, Lunak, Beyer, Babinchak - 6; voting “nay”: Council Members Polovitz, Lucke, Glassheim, Carpenter, Bakken, Hafner, Martinson - 7. President Carpenter declared the motion defeated.
It was moved by Council Member Glassheim and seconded by Council Member Martinson to fund $5,000 from cash carryover. Carried 13 votes affirmative.
CONSIDER MATTER OF DOWNTOWN ENTITIES AND
FUNDING
Committee No. 1, Finance, reported having considered the matter of downtown entities and funding, and recommended approval to refer the matter of parking assessment process to the Downtown Advisory board and those recommendations would come back to the Finance Committee along with the necessary ordinance changes drafted to dissolve the Parking Authority.
Committee No. 1, Finance, reported having considered the matter of downtown entities and funding and recommended to instruct the proper City officials to draft an ordinance that would dissolve the River Forks Commission contingent upon a similar action by the City of East Grand Forks.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that these recommendations be and are hereby approved. Carried 13 votes affirmative.
Committee No. 1, Finance, reported having considered the matter of downtown entities and funding and recommended approval of River Forks reserves going back to Grand Forks (83.3% and East Grand Forks 16.7%.
It was moved by Council Member Hamerlik and seconded by Council Member Babinchak that this recommendation be and is hereby approved.
Council Member Glassheim stated that when he made the motion on River Forks to split the amount of money 83.3% and 16.7%, it was the committee’s impression that money already belonged to River Forks and did not require council action to be returned. Mr. Swanson stated that River Forks did not have authority to disband nor to liquidate its assets, could spend in normal course of business, and he determined that this was a liquidation of the entity which requires joint action by the cities of Grand Forks and East Grand Forks.
Upon call for question and upon voice vote, the motion carried 13 votes affirmative.
Committee No. 1, Finance, reported having considered the matter of downtown entities and funding, and recommended to return 50% of the Year 2000 River Forks allocation to the Economic Development Fund and that the remaining 50% be divided equally between the Urban Development Department and the Greenway.
It was moved by Council Member Babinchak and seconded by Council Member Hamerlik that this recommendation be and is hereby approved.
Council Member Glassheim moved to amend the motion to read where it says 50% to Economic Development to amend to read 50% to City’s General Fund. The motion died for lack of a second.
The city auditor reported that the reason it was recommended that it go to the Economic Development Fund is that’s where the original $100,000 is budgeted and comes out of the economic development portion of sales tax and not out of the General Fund portion.
Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Members Hamerlik and Lunak voted against the motion.
DENY REQUEST FOR GUARDRAIL AT 411 7TH AVENUE
NORTH
Committee No. 2, Public Safety, reported having considered the matter of guardrail at 411 7th Avenue North, and recommended to deny the request for a guardrail and turn the issue over to the police department.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE BUDGET AMENDMENTS
A request for budget amendment for Communicable Disease in the amount of $6,000 to reflect a grant from the Tri-Valley Opportunity Council/Childcare Resource & Referral, was presented and read.
A request for budget amendment for Community Initiative Program (HL-15) in the amount of $1,263.00 to reflect Immunization Conference Revenue (registration and vendor fees) was presented and read.
A request for budget amendment by the Police Department in the amount of $10,738.70 from cash carryover to cover expenses incurred which exceeded purchase price received from sale of old impound building, was presented and read.
It was moved by Council Member Bouley and seconded by Council Member Martinson that these budget amendments be and are hereby approved. Carried 13 votes affirmative.
APPROVE CHANGE ORDER TO PROJECT NO. 5105,
TO REPAIR ALLEY IN 2600 BLOCK BETWEEN UNIVERSITY
AND 4TH AVENUE NORTH
Committee No. 3, Public Service, reported having considered the matter of alley in the 2600 block between University and 4th Avenue North, and recommended to approve repair of the alley and that there be notation in the minutes or attachment stating that the recommended drainage was not preferred by the property owners to date in that location and in the event that in the future that alley deteriorates this is the City’s final out of pocket repair and next repair will be an assessment; and to approve change order No. 4 to Project No. 5105 in an amount not to exceed $12,000.
It was moved by Council Member Klave 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, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT NO. 5105,
2000 ASPHALT STREET REPAIR FOR BIKEPATH
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5105, 2000 Asphalt Street Repair, Change Order No. 3, for bikeway on South 20th Street, and recommended to approve Change Order No. 3 for the bikeway on 20th Street from Hansen Ford to the School at a cost not to exceed City’s share of $40,000, that on-going maintenance be 50-50 split between the City and the School District and that the School District fund crossing lights on 47th Avenue South.
It was moved by Council Member Klave 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, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.
APPROVE FACILITY PLAN REPORT, PROJECT NO. 4648
Committee No. 3, Public Service, reported having considered the matter of Facility Plan Report, Clearwell/Pump Station and associated transmission pipeline, City Project No. 4648, and recommended to receive and file the Facility Plan Report.
It was moved by Council Member Klave 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, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
5145, DISTRICT NO. 579
The city engineer’s estimate of total cost of the construction of baling facility road paving in the amount of $ , was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for baling facility road paving, Project No. 5145, District No. 579, 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 Hafner 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. 7991 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 13 votes affirmative.
APPROVE CHANGE ORDER FOR PROJECT NO. 5086,
BALING FACILITY
Committee No. 3, Public Service, reported having considered the matter of change order for Baling Facility, Project No. 5086, Lunseth Plumbing & Heating, $6,508.00, and recommended to approve the change order.
It was moved by Council Member Klave 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, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.
APPROVE RESOLUTION CREATING ASSESSMENT
DISTRICT, STREET LIGHTING PROJECT NO. 5156,
DISTRICT NO. 135
Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for Project No. 5156, District No. 135, street lights in Kannowski’s Addition, and recommended that we 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 these improvements.
It was moved by Council Member Klave and seconded by Council Member Hafner 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. 7992 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried and the resolution adopted.
ACCEPT ENGINEER’S REPORT, STREET LIGHTING
PROJECT NO. 5156, DISTRICT NO. 135
The city auditor presented and read the engineer’s report on Street Lighting Project No. 5156, District No. 135: Document No. 7993 - Report.
It was moved by Council Member Klave and seconded by Council Member Hafner that this report be and is hereby approved. Carried 13 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
PROJECT NO. 5156, DISTRICT NO. 135
Council Member Klave introduced the following resolution of necessity, which was presented and read: Document No. 7994 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried and the resolution adopted.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5148, INTERSECTION IMPROVEMENTS AT 32ND
AVENUE SOUTH AND 34TH AND 38TH STREETS
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5148, intersection improvements at 32nd Avenue South/South 34th Street and at 32nd Avenue South/South 38th Street, and recommended to approve plans and specifications.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE CHANGE ORDER FOR PROJECT NO. 5070,
LIFT STATION 13 REHABILITATION
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5070, Lift Station 13 Rehabilitation, General Contract, Change Order No. 1, Hobbs, Inc., $708.98, and recommended to approve the change order.
It was moved by Council Member Klave 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, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT NO. 4655.1,
PAVING PORTION OF SOUTH WASHINGTON STREET
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4655.1, paving South Washington Street from 26th to 34th Avenues South, Change Order No. 3, Strata Corporation. $7,750.00.
It was moved by Council Member Klave 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, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT NO. 4225.3,
PAVING PORTION OF SOUTH WASHINGTON STREET
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4225.3, paving South Washington Street service roads from Hammerling to 26th Avenue South, Change Order No. 5, Strata Corporation, $6,425.00, and recommended to approve the change order.
It was moved by Council Member Klave 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, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.
APPROVE BUDGET AMENDMENT
A request for budget amendment by the Engineering Department in the amount of $24,100.00 from cash carryover to cover expenses for ROW officer position, training new traffic engineer and LAN/CADD coordinator positions, and replacement of equipment damaged during flood, was presented and read. It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 13 votes affirmative.
REQUEST JDA RETAIN PROPERTY AT 410 SOUTH 3RD
STREET FOR USE OF CITY’S WATER TREATMENT PLANT
Committee No. 3, Public Service, reported having considered the matter of the request that the Growth Fund Authority (JDA) set aside the property at 410 South 3rd Street (Lot 5, Block 5, Viets Addition) for The use of the City’s water treatment plant, and recommended that the JDA set aside that parcel of property for future use.
It was moved by Council Member Klave 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, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.
APPROVE CHANGE ORDER TO HISTORIC REHAB
PROGRAM
Committee No. 4, Urban Development, reported having considered the matter of change orders to Historic Rehab Program, and recommended approval of a change order to Viking Electric in the amount of $1,212.00.
Committee No. 4, Urban Development, reported having considered the matter of change orders to Historic Rehab Program, and recommended approval of a change order to Lunski Plumbing in the amount of $2,408.80.
Committee No. 4, Urban Development, reported having considered the matter of change orders to Historic Rehab Program, and recommended approval of a change order to Innes Construction in the amount of $6,865.00.
Committee No. 4, Urban Development, reported having considered the matter of change orders to Historic Rehab Program, and recommended to delete the contract with Grand Forks Plumbing Services in the amount of $3,500.00 and award the contract to Economy Plumbing in the amount of $4,000 for 310-312 5th Avenue North.
It was moved by Council Member Polovitz and seconded by Council Member Beyer 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motions carried.
APPROVE ALLOCATION OF HOME FUNDS
Committee No. 4, Urban Development, reported having considered the matter of allocation of 2000 HOME Funds, and recommended approval to allocate 1999 ($321,000) and 2000 ($400,000) HOME funds to the Grand Forks Housing Authority for the preservation of affordable housing.
It was moved by Council Member Polovitz and seconded by Council Member Beyer 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.
AUTHORIZE USE OF UNITED WAY AS SUBRECIPIENT
FOR DISTRIBUTION OF CDBG PUBLIC SERVICE FUNDS
Committee No. 4, Urban Development, reported having considered the matter of authorization to use United Way as subrecipient for distribution of CDBG public service funds, and recommended to authorize the use of United Way as a subrecipient for distribution of CDBG public service funds.
It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE MORTENSON CHANGE ORDER CORRECTION
Committee No. 4, Urban Development, reported having considered the matter of Mortenson change order correction, and recommended approval of corrected change order to MC Roofing in the amount of $1,931.00 to be paid by JLA.
It was moved by Council Member Polovitz and seconded by Council Member Beyer 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.
DECLARE GARAGE AT 623 4TH AVENUE SOUTH AS SURPLUS,
AND AUTHORIZE CALL FOR BIDS
Committee No. 4, Urban Development, reported having considered the matter of demolition of garage at 623 4th Avenue South, and recommended to declare the garage at 623 4th Avenue South surplus and put up for a 21-day bid process from the date of council approval, and the garage must be moved by 30 days from date the purchase agreement is signed.
It was moved by Council Member Polovitz and seconded by Council Member Beyer 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, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.
REQUEST CITY ATTORNEY TO PROVIDE COMMITTEE
MEMBERS WITH POLICIES RE. CONFLICT OF INTEREST
Committee No. 4, Urban Development, reported having considered the matter of conflict of interest and code of ethics, and recommended that the city attorney provide committee members with existing HUD and state policies on conflict of interest as well as information from other cities.
It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE CHANGE ORDER FOR SOUTHEND FIRE
STATION
Committee No. 4, Urban Development, reported having considered the matter of southend fire station change orders, and recommended approval of change orders to Baukol Builders in the amount of $8,075.40 and to Custom Aire in the amount of $4,720.65.
It was moved by Council Member Klave 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, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. President Carpenter declared the motion carried.
APPROVE PHASE 1 AND 2 DIKE CONSTRUCTION
PROPERTIES AS NON-RENTAL
Committee No. 4, Urban Development, reported having considered the matter of Phase IA and IV properties on the dry side of the dike, and recommended to keep Phase 1 and 2 dike construction properties as non-rental.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 13 votes affirmative.