Council Minutes
17195
September 5, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 5, 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 Tuesday, September 5, 2000 at the hour of 7:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14.
Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter.
SUSPEND AGENDA TO CONSIDER THE 2001
PRELIMINARY BUDGET, AND ADOPT PRELIMINARY
BUDGET FOR 2001
It was moved by Council Member Hamerlik and seconded by Council Member Martinson to suspend the agenda and consider the matter of the 2001 Preliminary Budget. Carried 14 votes affirmative.
The preliminary budget for the fiscal year ending December 31, 2001 was presented to the city council, copies of the proposed preliminary budget had been delivered to all members of the city council.
Council Member Lunak questioned whether the number of hiring of 24 employees and whether they were to be temporary or permanent. The city auditor stated that those are all in the temporary category pending council’s decisions as they look at 2002 and whether they should be moved into classified, and believes that in the area of the wastewater treatment where there are 6.5 or 7 full-time equivalents placed in there to run the mechanical treatment system for wastewater, would end up permanent and the rest would have to make decisions on as they go along.
Council Member Lunak moved reduce the number of employees in the Information Center to one to run the web and TV broadcasting. Council Member Burke seconded the motion.
Kevin Dean, Information Center, stated that they have found to this point that it takes two people to run the cameras and the character generator that we have to get the information out on the air. Rick Duquette, mayor’s assistant, stated he would encourage retaining this service for the next year, that they have looked into the mechanical operation of the process plus the services they are providing and will report back during the next year.
It was moved by Council Member Hamerlik as a substitute motion to approve first reading of the 2001 budget as presented by the mayor except any of the amendments that were passed by the Committee of the Whole and to request the mayor submit to the council for final vote of the budget a budget that reduces the 2001 General Fund expenditures by $220,000, which is an opportunity to scrutinize budget items that are new in the General Fund budget for 2001.
Howard Swanson, city attorney, reported that generally the procedure of the council is not to allow substitute motions, but rather to allow amendment by substitution, that originally the city auditor was to read the initial recommendation from the Committee of the Whole, which would have incorporated the bulk of Council Member Hamerlik’s motion, but not the latter portion regarding the reduction in mills, that in order to keep the minutes and procedures straight, it may be best to take first action upon the motion that Council Member Lunak made and then act upon the recommendation from Committee of the Whole with any amendments council may wish to make.
Council Member Glassheim requested additional information on the services of the Info Center. Mr. Dean stated that the Public Information Center was created shortly after the flood in 1997, there have been a number of things that the Public Information Center has created and continued to run since that time including monthly newsletter with information which is distributed to over 20,000 households by direct mail in the city and has moved into a forum of letting people know what is coming up and what is happening in Grand Forks with city government and is a direct communication link between city government and the people of Grand Forks; as well as maintaining the City’s web site on a daily basis.
Upon call for the question on the motion by Council Member Lunak and Burke to reduce the number of employees in the Information Center to 1 person; and upon voice vote the motion failed.
The Committee of the Whole reported having considered the matter of the 2001 budget and recommended to approve the preliminary budget for 2001 as amended at the committee of the whole of August 31, 2000. The motion was moved by Council Member Gershman and seconded by Council Member Brooks.
Council Member Hamerlik moved to amend the motion that we request the mayor to submit to the city council for final vote a budget that reduces the 2001 General Fund expenditure by $220,000 (approx. 2 mills) with specific scrutiny of the budget items that are new in the General Fund budget for 2001. Council Member Christensen seconded the motion.
Council Member Hamerlik explained his motion, that they are not reducing the budget per se but actually adding on in many ways to the budget, when they add the positions that Council Member Lunak talked about, and suggested giving the mayor and staff the opportunity to come back in and tell us how to reduce it by 2 mills (which is $162,000, but they are over the 10 mills by virtue of the motion that they passed re. to the bus, which was $58,000, which would bring this to $220,000.
After considerable discussion and upon call for the question and upon voice vote, the motion was defeated.
The city auditor stated that he needs to ask for an amendment as there is a limitation on what the City can levy for animal control and asked that they delete one-quarter mill from Animal Control and allow them to increase the General Fund a quarter mill, and then transfer $20,282 from the General Fund to the Animal Control using some of their fees that we collect to do that. It was moved by Council Member Martinson and seconded by Council Member Kreun to amend the budget as requested. Carried 14 votes affirmative.
After further discussion and upon call for the question on the original motion to approve the preliminary budget for 2001 as amended, and upon roll call vote the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Kreun, Martinson - 12; voting “nay”: Council Members Babinchak, Bakken - 2. Mayor Brown declared the motion carried.
FLOOD REPORT
Ken Vein, city engineer, briefly reviewed information included in the Flood Report. He stated that under Technical Work Update, Corps of Engineers, the Corps is continuing their work on the alignment design memorandum, and that they should have this within 2 weeks; and that the Corps has negotiated a contract with Stanley Consultants to design the first reaches of the levee project, and they have been negotiating with them for the design of the community green, at est. cost between $30 and $50,000, and they have negotiated that for $21,000 and were able to stay under the original estimate. He stated another item has to do with the removal of the pedestrian bridge, TEK Contractors were to start mobilizing on that today, but did not, that the Corps of Engineers is administering that contract, and unable to give firm date or time when they will be here. He stated that the Corps is preparing for demolition of various facilities to take place this fall with demolitions occurring about October 1 and there are a number of properties that we are giving to them that we will continue to follow through to have demolition take place for levee construction next year. He stated that bids for Lift Station #1 and #5 will be opened on September 22 and those projects will have to be approved by city council. He reported that under the Interim Flood Protection Plans, they are pre-stock piling some dirt at the Campbell site, that the City purchased that site a couple years ago and now making sure they have adequate dirt there should they need it for emergency basis next year or the following years, or if need be will use that for construction of the permanent flood protection project. He stated there are some various locations where they will be doing some of the demolitions where constructing more interim levees in those locations. He reviewed some of the upcoming meetings: on September 7 at 7:00 p.m. FEMA Remapping Issues will be held in council chambers in City Hall; and on September 12 at 11:00 a.m. the Greenway Alliance meeting at the Comfort Inn in East Grand Forks. He also reminded the council that there is a description of that in the information that has been forwarded to the council members.
Mr. Vein reported that the permanent line for the dike will come out with the final alignment design memorandum in two weeks; that they don’t envision a lot of changes; however, with detailed plans there could be some minor fluctuations.
Council Member Christensen stated he didn’t know when they were going to start construction of the dike in the southend, that he understands that is Phase I, and asked where they were going to start the dike, and residents don’t know where and when. Mr. Vein stated he will get information that goes through the current plan to sequencing for the next 5 years; Council Member Christensen suggested that they have the Information Center get chart, timetable and map in the newspaper so public knows. Mayor Brown noted that the Office of Public Information was charged at their last meeting to put that on the web site.
Council Member Gershman asked whether the Corps was to get an opinion from the firm that was to remove the bridge as to how much it would cost to hold their contract, and asked whether the Corps would need a formal action of the council to ask that question. Mr. Vein reported that information is coming through the public service committee recommendation.
Council Member Christensen reported he had received copy of a communication from an attorney in Minneapolis who represents several people in the Elmwood area, who are subject to imminent domain, and that there’s an issue of comparable housing, whether or not there is comparable housing available for these people but he believes we cannot take these people from their homes until a comparable home has been provided them, and thinks this is a crucial issue that has to be resolved prior to starting construction in the spring of 2001. Mr. Vein stated they know there are some problems ahead of them before they get started and have been working with Mr. Swanson relative to the legal issues about the acquisition of any of the individual properties and home, and are starting the first phase in areas that are relatively easy, that there are not as many properties to acquire under the first phase as there will be under the second phase, and if do have a problem there are other portions they will put their efforts toward and make sure they still continue with the first phase. He noted that when they talked about the initial sequencing, there’s a possibility that some of that could change.
APPROVE MINUTES
Typewritten copies of the minutes of the regular meeting of the city council held on Monday, August 7, 2000 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Babinchak that these minutes be approved as read. Carried 14 votes affirmative.
ADOPT ORDINANCE NO. 3855.1 RELATING TO THE
ISSUANCE OF RESERVE REVENUE BONDS TO
FINANCE ADDITIONS AND IMPROVEMENTS TO
THE MUNICIPAL WATER, SEWER, STORM SEWER
AND SANITATION UTILITY
An ordinance entitled “An ordinance amending Sections 2-0901 of Article 9 of Chapter 11 of the Grand Forks City Code relating to the issuance of Reserve Revenue Bonds to finance additions and improvements to the municipal water, sewer, storm sewer and sanitation utility”, which had been introduced and passed on its first reading on August 21, 2000, was presented and read for consideration on second reading and final passage.
Upon call for the question of adoption and upon roll call vote, the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the ordinance adopted.
DEFEAT ORDINANCE RELATING TO THE ESTABLISH-
MENT 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.
Howard Swanson, city attorney, reported that in light of their action at a prior meeting at which the council adopted a governance plan for the greenway, it would be consistent with action previous taken, and would appear to be appropriate that this item be defeated on its second reading.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: none; voting “nay”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14. Mayor Brown declared the ordinance defeated.
HOLD PUBLIC HEARING , DETERMINE INSUFFICIENCY
OF PROTEST, DIRECT THAT RESOLUTION OF ANNEX -
ATION OF ALL THAT PORTION OF S HALF OF NW
QUARTER OF SECTION 20, T151N, R50W OF 5TH PRINCIPAL
MERIDIAN, BE FILED AND ANNEXATION ACCOMPLISHED
The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed July 17, 2000, annexing all that portion of the South Half of the Northwest Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian, more specifically described as: a 140-foot wide strip of land lying west of and adjacent to the west right of way line of South 38th Street as platted in Columbia Park 27th Addition to the city of Grand Forks, North Dakota, being bounded on the north by Lot 7, Block 1 of said addition and bounded on the south by a line lying 33 feet north of and parallel with the south line of said northwest quarter. Said line is also the north line of proposed Lot 1, Block 2, Southern Estates Second Addition to the city of Grand Forks, North Dakota, which was approved by the City of Grand Forks, North Dakota on April 19, 1999, and which is pending filing and recording, and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.
The city auditor exhibited the affidavit of publication indicating publication on July 25 and August 1, 2000; and further reported that no written protests had been filed with the auditor’s office.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none; and it was moved by Council Member Martinson and seconded by Council Member Bjerke that a finding of insufficiency of protest to the annexation be entered. Carried 14 votes affirmative.
It was moved by Council Member Babinchak and seconded by Council Member Brooks that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation, with appropriate map. Carried 14 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 00-15, dated September 5, 2000 and totaling $1,586,476.78, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by Council Member Lunak and seconded by Council Member Gershman 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, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; voting “nay”: none. Mayor Brown declared the motion carried and the bills ordered paid.
RETURN ITEMS TO COMMITTEE
Mayor Brown asked if there were any items that were to be returned to committee without any action by council.
Council Member Kreun asked that the item relative to the matter of Almonte home acquisition be returned to committee as no new action to be taken on this matter pending further acts by FEMA on the appeal request. Inasmuch as this item had been tabled it was moved by Council Member Kreun and seconded by Council Member Klave to refer this matter back to committee for further consideration. Carried 14 votes affirmative.
ADOPT RESOLUTION RELATING TO $9,000,000 REFUNDING
IMPROVEMENT BONDS, SERIES 2000A (DIKE IMPROVE-
MENTS); CALLING FOR THE PUBLIC SALE THEREOF
Committee No. 1, Finance, reported having considered the matter of resolution relating to the public sale and/or authorizing negotiated sale of various bond issues: Refunding Improvement bonds, Series 2000A (Dike Improvements), and recommended to adopt resolution relating to $9,000.000 Refunding Improvement bonds, Series 2000A (Dike Improvements) calling for the public sale thereof and set the sale date for October 2, 2000.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Gershman introduced the following resolution and moved its adoption: Document No. 8033 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.
ADOPT RESOLUTION RELATING TO $6,965,000 REFUNDING
IMPROVEMENT BONDS, SERIES 2000B, CALLING FOR THE
PUBLIC SALE THEREOF
Committee No. 1, Finance, reported having considered the matter of resolution relating to the public sale and/or authorizing negotiated sale of various bond issues: Refunding Improvement bonds, Series 2000B, and recommended to adopt resolution relating to $6,965,000 Refunding Improvement bonds, Series 2000B, calling for the public sale thereof and set the sale date for October 2, 2000.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Gershman introduced the following resolution and moved its adoption: Document No. 8034 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.
ADOPT RESOLUTION RELATING TO STORM SEWER
RESERVE REVENUE BONDS, SERIES 2000C; AUTHORIZING
THE PRIVATE NEGOTIATED SALE THEREOF
Committee No. 1, Finance, reported having considered the matter of resolution relating to the public sale and/or authorizing negotiated sale of various bond issues: Storm Sewer Reserve Revenue Bonds, Series 2000C, and recommended to adopt resolution relating to Storm Sewer Reserve Revenue Bonds, Series 2000C; authorizing the private negotiated sale thereof, and set the sale date for November 6, 2000 - $1,075,000.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Gershman introduced the following resolution and moved its adoption: Document No. 8035 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.
ADOPT RESOLUTION RELATING TO WATER RESERVE
REVENUE BONDS, SERIES 2000D, CALLING FOR THE
PUBLIC SALE THEREOF
Committee No. 1, Finance, reported having considered the matter of resolution relating to the public sale and/or authorizing negotiated sale of various bond issues: Water Reserve Revenue Bonds, Series 2000D, and recommended to adopt resolution relating to Water Reserve Revenue bonds, Series 2000D; calling fort the public sale thereof, and set the sale date for November 6, 2000 - $7,895,000.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Gershman introduced the following resolution and moved its adoption: Document No. 8036 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.
ADOPT RESOLUTION RELATING TO SANITATION RESERVE
REVENUE BONDS, SERIES 2000E; CALLING FOR THE PUBLIC
SALE THEREOF
Committee No. 1, Finance Committee, reported having considered the matter of resolution relating to the public sale and/or authorizing negotiated sale of various bond issues: Sanitation Reserve Revenue Bonds, Series 2000E, and recommended to adopt resolution relating to Sanitation Reserve Revenue Bonds, Series 2000E; calling for the public sale thereof, and set the sale date for November 6, 2000 - $4,255,000.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Gershman introduced the following resolution and moved its adoption: Document No. 8037 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Auditor.
APPROVE AMENDED CONTRACT FOR ADMINISTRATIVE
COORDINATOR, SUBJECT TO NEGOTIATION
Committee No. 1, Finance, reported having considered the matter of contract for administrative coordinator, and recommended to accept the administrative coordinator contract with Richard Warne as drawn up pending city attorney review.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved.
Council Member Babinchak expressed concern relative to the contract, that if it is approved it would become a standard for the rest of the contracted positions that we have, that one is coming up the end of December; that the City employees including contracted employees currently receive 4% for pension, and we are contemplating 13.5% for this contract, and that there have been comments that there are concerns about the contract. She also commented on the termination clause, that they cannot let him go for cause, and under another termination clause, failure to obey any lawful or reasonable direction made and given by the mayor where such violation or failure amounts to an act of insubordination or serious breach of proper discipline resulting in or which may be reasonably expected to result in loss or injury to the City or to the public, we would still have to pay six months salary and pension for cause plus six months health insurance premium.
Council Member Brooks stated that we need to come up with a standard contract for our department heads, that this isn’t a department head but a different level of employee and at the top of the organization chart. He stated that he and Council Member Christensen talked with Mr. Warne regarding the contract, and can only address that which they negotiated and not what was done before they were involved in it, there is only one position in our system.
Council Member Babinchak expressed concern re. term of employment, that hiring this individual for an indefinite period of time, have a contract with no ending date.
Council Member Christensen stated that the term at will means can terminate this gentleman at any time, that the 30-day notice is a courtesy, and have a choice of either a contract or civil service, and the City has been moving away from civil service to contract. He stated this is an executive function and is contract the mayor has asked them to approve, that the mayor and his staff and Human Resources staff have negotiated this contract; that this is a one-year contract and can start negotiating this contract in November and change terms and mayor can direct Mr. Warne to give us a standard form contract, which will include his own contract. He also noted that amendments can be made to the agreement but doesn’t think we should encroach upon the executive function here.
Mayor Brown stated he would entertain an amendment to change the rate of pension from 13.5% to 10% and it was moved by Council Member Gershman and Council Member Christensen to amend the contract to contribute 10% rather than 13.5% for pension/retirement plan.
Mr. Swanson stated that the manner in which this agreement had been negotiated does not provide for a term, that there is not an automatic termination date, it will require in the event the City seeks to terminate the agreement, that the City make a decision to terminate with or without cause, and then depending upon that it will determine whether severance pay will be required.
After some discussion and upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson, Bjerke, Hoff, Hamerlik, Burke - 13; voting “nay”: Council Member Brooks - 1. Mayor Brown declared the motion carried.
Council Member Babinchak moved to amend the contract, 1. Term of employment, at three years; seconded by Council Member Glassheim.
Mayor Brown stated the reason he was comfortable with an open-ended contract is that when you have a close ended contract, they start negotiating six months before the end of their contract. Mr. Swanson made a clarification - that the 30-day notice only applies in the event that the employee seeks to terminate, and that paragraph B under Termination of Employment, states that the agreement may be terminated by the City at any time and no notice requirement from the City, but no change to the severance.
Upon call for the question and upon voice vote, the motion failed.
Council Member Babinchak moved to amend the contract to change pension rate to 4.5% rather than 10%. Council Member Klave seconded the motion.
Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Klave, Babinchak, Bakken, Bjerke, Glassheim - 5; voting “nay”: Council Members Gershman, Lunak, Christensen, Kreun, Martinson, Brooks, Hoff, Hamerlik, Burke - 9. Mayor Brown declared the motion defeated.
Council Member Christensen moved to amend the contract as follows: 11. Modification. to add after the word agreement “...and approved by the city council.” Council Member Lunak seconded the amendment. Carried 14 votes affirmative.
Upon call for the question on the original motion, as amended, and upon roll call vote, the following voted “aye”: Council Members Lunak, Christensen, Klave, Kreun, Martinson, Brooks, Hoff, Hamerlik, Burke, Gershman - 10; voting “nay”: Council Members Babinchak, Bakken, Bjerke, Glassheim - 4. Mayor Brown declared the motion carried.
Mayor Brown and Council Members Christensen and Lunak will continue renegotiations with Mr. Warne.
RECEIVE AND FILE MATTER OF RULES FOR ISSUANCE
OF PARKING TICKETS
Committee No. 1, Finance, reported having considered the matter of rules for issuance of parking tickets, whether ticket should be issued for overtime parking if there are empty spaces nearby, and recommended to receive and file.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE VARIANCE TO NOISE ORDINANCE FOR
SEWER REHAB PROJECT
Committee No. 2, Public Safety, reported having considered the request from Webster, Foster & Weston for noise ordinance variance for contractors for sewer rehab jobs, and recommended approval.
Committee No. 3, Public Service, reported having considered the matter of noise ordinance variance for sewer restoration projects, and recommended to approve the request for noise variance.
It was moved by Council Member Babinchak and seconded by Council Member Bakken that these recommendations be and are hereby approved. Carried 14 votes affirmative.
APPROVE REQUEST FOR STREET DANCE DOWNTOWN
Committee No. 2, Public Safety, reported having considered the matter of request from LTD Investments, Inc. dba The Edge, 10 North 3rd Street, to hold street dances on September 8 and 9, blocking portions of North 3rd Street and 1st Avenue North and request for beer garden.
It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved.
Council Member Bakken reported this had been approved but Dakota Property Management had concerns about vandalism and littering that goes on from The Edge and appears this is on-going problem, and perhaps need to increase security and make sure they clean the area after the dance; and moved an amendment to the motion that they require additional security and area be cleaned up by noon of the following day. Council Member Martinson seconded the motion.
Shelly Corbid, 362 Grassy Hills Lane, manager of St. John’s Block Building, stated it is an expense for a building owner as they have had to pay for damages to their building (broken window, etc.), that they have 23 units in St. John’s Block. It was noted that a representative of The Edge stated that they had insurance that would cover any damages. Ms. Corbid stated that she had checked into the insurance, and none of the expenses were covered and owner absorbed those costs. She stated that on several occasions they hired their own security and that was the only time they did not have any damages; and questioned why they should have to hire security. She also expressed concern that the City is giving up the City parking lot for the dance, and that they rent six spots in that lot and were not notified that this would happen and tenants have to find new spots for parking for these two nights. Mr. Swanson stated that with respect to the questions of insurance without seeing the policy at issue, it would appear to be very unlikely that any insurance policy would cover damages for intentional acts by an invitee or others.
Upon call for the question and upon voice vote, the motion carried 14 votes affirmative.
Council Member Bakken stated that The Edge would have to arrange alternate parking for these residents at no charge; Council Member Brooks seconded the motion.
Ms. Corbid stated that wouldn’t work for this time, but dances have to be controlled and need lots of security, and that if they don’t want to provide that, they shouldn’t be able to have dances. She stated that they shouldn’t be able to do this on public parking lot where lots rented to individuals.
Chief Packett stated that it’s been their experience with LTD (The Edge) that when those occasions occur that they sit down with them and negotiate the amount of security that’s needed, procedures, etc., and that his staff is meeting with LTD and that he will double check on the amount of security.
Council Member Babinchak moved to amend the motion on the matter of the parking to include that any damages done to vehicles or property shall be paid for by LTD Properties or their insurance company. Council Member Christensen seconded the motion. Upon voice vote the motion carried.
Upon call for the question on the amendment as amended 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 13 votes affirmative; Council Member Bjerke voted against the motion.
APPROVE MATTER OF AMENDING ALCOHOLIC BEVERAGE
ORDINANCE TO INCLUDE NEW PALMER GOLF COURSE
Committee No. 2, Public Safety, reported having considered the request from Park District for liquor ordinance to be amended to include the new Palmer golf course, and recommended approval and forward to the city attorney to draft an ordinance or amendment.
It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative; Council Member Bjerke voted against the motion.
RECEIVE AND FILE MATTER OF ANIMAL FEES AT
HUMANE SOCIETY
Committee No. 2, Public Safety, reported having considered the matter of animal fees at Humane Society, and recommended to receive and file. It was moved by Council Member Babinchak and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4814, FORCEMAIN RELOCATIONS
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Forcemain Relocations, City Project No. 4814, and recommended to approve plans and specifications and authorize call for bids.
It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE CHANGE ORDER NO. 2, MAIN BUILDING,
PROJECT NO. 4371
Committee No. 3, Public Service, reported having considered the matter of Change Order No. 2, main treatment building, Wastewater Treatment Plant, ICS, Project No. 4371, and recommended to approve the change order in the amount of $22,463.00.
It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14. Mayor Brown declared the motion carried.
APPROVE CHANGE ORDER NO. 1, PROJECT NO. 4830
Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1, Water Meter Replacement, USI, City Project No. 4830, and recommended to approve the change order in the amount of $72,769.62.
It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14. Mayor Brown declared the motion carried.
CONSIDER MATTER OF CHANGE ORDERS
Council Member Bjerke commented on change orders - that items they found they needed through the design process as constructing the building they either missed or left out, that change orders added items for various reasons, that because the City is paying for these they are assuming that all these mistakes were made by the City, and that if these mistakes were not all made by the City, then we have an obligation to the taxpayers to discuss with people who designed these projects and have some accountability, that there’s potential for people to make a low bid and increase through change order.
Charles Grotte, assistant city engineer, reviewed change orders and stated that what may appear to be missed or left out is that this project is being built under several different packages, some things packaged in one project versus another, changed packages.
Council Member Gershman suggested that there are a number of items on every agenda that members could go to staff member prior to council and get the answer to the questions, that if the answer isn’t satisfactory, bring it up publicly. Council Member Kreun stated that they go through these questions during their committee structure.
Council Members Glassheim and Hamerlik call for the question, carried 14 votes affirmative.
APPROVE CHANGE ORDER NO. 1, PROJECT NO. 4371, ICS
Committee No. 3, Public Service, reported having considered the matter of change orders for various projects: Change Order No. 1, main treatment building, Wastewater Treatment Plant, ICS, Project No. 4371, and recommended to approve the change order in the amount of $17,330.08.
It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.
APPROVE CHANGE ORDER NO. 1, PROJECT NO. 4371.
PETERSON CONSTRUCTION
Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1, Reactor Basin Roofs, Wastewater Treatment Plant, Peterson Construction, City Project No. 4371, and recommended to approve the change order in the amount of $65,938.29.
It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.
APPROVE CHANGE ORDER NO. 4, PROJECT NO. 5086
Committee No. 3, Public Service, reported having considered the matter of Change Order No. 4, Baling Facility, Lunseth Plumbing and Heating, City Project No. 5086, and recommended to approve the change order in the amount of $1,887.00.
It was moved by Council Member Klave and seconded by Council Member Hoff that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 13; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.
APPROVE CHANGE ORDER NO. 5, PROJECT NO. 5086