Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, April 3, 1995
The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City hall on Monday, April 3, 1995 at the hour of 7;30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Carpenter, Sande, Beyer, Babinchak, Geller, Johnson - 9; absent: Council Members Hanson, Glassheim - 2.
Mayor Polovitz announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the issue.
APPROVE MINUTES FEBRUARY 21, 1995
Typewritten copies of the minutes of the adjourned meeting of the city council held on Tuesday, February 21, 1995 were presented and read. It was moved by Council Members Sande and Johnson that these minutes be approved as read. Carried 9 votes affirmative.
COUNCIL MEMBERS HAGNESS AND HAMERLIK
REPORTED PRESENT
TABLE ORDINANCE SUSPENDING PROVISIONS OF
SECTIONS 6-0305, 6-0306 AND 6-0307 OF THE
CITY CODE (PLACING TEMPORARY MORATORIUM ON
RECLASSIFICATIONS) UNTIL APRIL 17, 1995
An ordinance entitled "An ordinance temporarily suspending Sections 6-0305 and 6-0306 of the Grand Forks City Code relating to reclassifications and adopting Section 6-0305.1 relating to the same", which had been introduced and passed on its first reading on March 20, 1995, was presented and read for consideration on second reading.
C. T. Marhula, 5124 Belmont Road, member of the Civil Service Commission, stated that there was not any further action on this ordinance necessary at this time, that a joint committee comprised of Council Members Hagness, Beyer and Carpenter, two members of the Civil Service Commission, along with reps. of department heads and employee reps. have been meeting on this matter to work out some solutions to problems that exist with the current reclassification system.
COUNCIL MEMBER KLAVE REPORTED PRESENT
Mr. Marhula stated that the commission stated there will be no further consideration of any reclassifications without action on the part of the council, with the exception of those requests that go back to April of 1992.
It was moved by Council Members Beach and Sande to refer back to the finance committee; however Council Member Carpenter, chairman of the finance committee, stated that the matter had been placed on the finance committee agenda to give everyone an opportunity to speak to the matter; but would be willing to hold to allow Civil Service Commission opportunity to act. Mr. Marhula agreed.
Council Members Beach and Sande withdrew their motion; and Council Members Beyer and Sande moved to table the ordinance indefinitely to allow Civil Service Commission and joint committee time to review and to act.
Mr. Swanson advised that because this is second reading of an ordinance, council doesn't have ability to table indefinitely.
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Council Members Beyer and Sande moved to table the ordinance to April 17,
1995. Carried 12 votes affirmative.
HOLD PUBLIC HEARING AND GRANT 10-YEAR
PROPERTY TAX EXEMPTION FOR ROOSEVELT CENTER
PROJECT BY WINTERGARDEN ASSOCIATES, LLC
The city auditor reported that the notice of public hearing to consider a request by Wintergarden Associates, LLC for a proposed 10-year real property tax exemption pursuant to NDCC 40-58-20(11), that the proposed project will consist of the acquisition of land and the substantial rehabilitation of facilities located at 911 Cottonwood Street into 16 units of multifamily housing and located on the following described real estate: Lots 13, 14, 15, 16, 17, 18, 19, 21, 22, 23 and 24, Block 10, Hackney's Addition to the city of Grand Forks, had been published as required.
Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments.
It was moved by Council Member Sande and seconded by Council Member Geller that we do hereby find and determine an insufficiency of protest. Carried 12 votes affirmative.
It was moved by Council Member Hoeppner and seconded by Council Member Beyer that we grant final approval to the request for a 10-year property tax exemption district to assist in the development of multifamily housing at the former Roosevelt School property located at 911 Cottonwood Street. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness -12; voting "nay": none. Mayor Polovitz declared the motion carried.
HOLD PUBLIC HEARING AND APPROVE ALLOCATION
OF FUNDS FOR CDBG PROJECTS FOR 1995
The city auditor reported that the required notice calling for a public hearing to be held this evening on the Community Development Block Grant funds, prioritization and funding, had been published, and that the City of Grand Forks will receive approximately $374,000.00.
Committee No. 4, Urban Development, reported having considered the matter of funding priorities on CDBG (Community Development Block Grant) applications and allocation of funds, and recommended to adopt the following recommendations following ranking of the Citizens' Advisory Committee: #1 Antenna Club, Inc., $5,000; #2 Office of Urban Development (playground equipment), $28,000; #3 Adult Abuse Community Services, $7,200; #4 Shelter for Homeless, Inc., $50,000; #5 Office of Urban Development (acquisition and demolition program), $40,000; #6 Office of Urban Development (riverbank park), $10,000; #7 Grand Forks Public Transportation Department (rehab. bus shelters), $15,000; #8 Grand Forks Head Start Program, $15,000; #9 Senior Citizens Center, $25,000; #10 Office of Urban Development (affordable housing), $90,000; #11 North Valley Arts Council, $69,800; #12 Grand Forks Parking Authority, $4,000; Listen, Inc., $7,500; Contingencies (additional), $7,500; for a total of $374,000.
It was moved by Council Member Beach and seconded by Council Member Geller that this recommendation be and is hereby approved.
Mayor Polovitz called for the public hearing on the Community Development Block Grant funds proposed budget for 1995 and asked if anyone had comments to present to the council. There were no comments and Mayor Polovitz closed the public hearing.
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Upon roll call the following voted "aye" Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
DETERMINE INSUFFICIENCY OF PROTEST ON
PARKING IMPROVEMENT PROJECT NO. 4285,
DISTRICT NO. 10
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Parking Improvement District No. 10, project No. 4285, had expired on March 17, 1995, and that the public hearing had been continued until this evening and that he had received only one written protest at time protest period expired.
Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make.
Steve Hess, representing the Central Business District Parking Authority, stated they would like to recommend rejection of the bids as previously recommended by the finance committee.
There being no further comments, Mayor Polovitz closed the public hearing.
Council Member Carpenter introduced the following resolution as to protests which was presented and read: Document No. 6425 - Resolution.
It was moved by Council Member Carpenter and seconded by Council Member Geller that we do hereby find and determine an insufficiency of protest against parking Improvement District No. 10, Project No. 4285, as only one protest was filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.
REJECT BIDS FOR PARKING IMPROVEMENT PROJECT
NO. 4285, DISTRICT NO. 10
The city auditor reported that bids for Parking Improvement Project No. 4285, District No. 10, had been opened on March 8, 1995, and that bids were higher than the engineer's estimates.
Committee No. 1, Finance, reported having considered the matter of bids for downtown parking ramp, and recommended to reject bids and that the funds be held over to 1996.
It was moved by Council Member Babinchak and seconded by Council Member McCabe that this recommendation be and is hereby approved.
Sam Silverman reported that the Central Business District Authority had met and were recommending rejection of the bids.
Don Tingum also reported that the CBD Authority met on the project, recommended rejection of the bids and are asking that funds not be held over until 1996 as they are still considering a project for this year.
It was moved by Council Member Carpenter and seconded by Council Member Geller that the motion be amended to delete the reference to holding the funds over to 1996. Carried 12 votes affirmative.
Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 12 votes affirmative.
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REPORTS OF OFFICERS
The city auditor presented and read the Investment Report for the period ending March 31, 1995. It was moved by Council Member Beyer and seconded by Council Member Sande that this report be and is hereby received and filed. Carried 12 votes affirmative.
COUNCIL MEMBER HAMERLIK EXCUSED
APPROVE BILLS
Vendor Payment Listing No. 95-05, dated April 3, 1995, and totaling $774,111.13, all having been audited by the city auditor for payment in accordance with Regulation No.2, was presented and read.
It was moved by Council Member Hoeppner 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 Beach, McCabe, Hoeppner, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 11; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.
COUNCIL MEMBER HAMERLIK REPORTED BACK
REPORT ON CIVIC CENTER PROCESS COMMITTEE
Council Member Carpenter presented brief update, that Christi Stonecipher has
been appointed coordinator for the committee, that the committee met and did adopt a process, that the committee will be meeting Tuesday, April 4, at 7:30 p.m. in City Hall to consider some modifications to that process and set more detail to the plan they will move forward with.
ACCEPT OFFER BY AMERICAN RED CROSS TO
PURCHASE CITY PROPERTY AT SOUTH WASHINGTON
STREET AND 40TH AVENUE SOUTH, AND REFER TO
PLANNING AND ZONING FOR REZONING
Committee No. 1, Finance, reported having considered the offer by the American Red Cross to purchase City property at South Washington Street and 40th Avenue South, and recommended to accept the offer of $40,000, subject to the following contingencies: rezoning of the property, and approval by their national organization, with a closing date no later than August 1, 1995.
It was moved by Council Member McCabe and seconded by Council Member Geller that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
Committee No. 1, Finance, reported having considered the matter of sale of property at South Washington Street and 40th Avenue South (Lot 1, Block 1, Flaat-Mikkelson Addition), and rezoning of the property from R-2 to R-4 District, and recommended that we refer the rezoning request to the Planning and Zoning Commission.
It was moved by Council Member McCabe and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE PURCHASE OF COMPUTER FOR DIAL-A-
RIDE OFFICE
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Committee No. 1, Finance, reported having considered the matter of purchase of computer for Dial-A-Ride, and recommended that we approve purchase of the computer, with monies from the Computer Capital Replacement Fund, with the intent that Dial-A-Ride budget monies in next year's budget and reimburse that Fund.
It was moved b Council Member McCabe and seconded by Council Member Geller that this recommendation be and is hereby approved. Upon roll call the
following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
AUTHORIZE SIGNING OF AGREEMENTS AND TRANSFER
OF FUNDS TO INVEST AMERICA VENTURE GROUP, INC.
Committee No. 1, Finance, reported having considered the matter of documents for the North Dakota Small Business Investment Company and transfer of allocated funds, and recommended to authorize the city council to transfer ownership of its interest in the Fund from the City of Grand Forks to the Growth Fund, and that the appropriate Growth Fund officials be authorized to sign the documents.
It was moved by Council Member McCabe and seconded by Council Member Geller that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE JOINT POWER AGREEMENT WITH CITY
OF EAST GRAND FORKS FOR RIVER FORKS COMMISSION
Committee No. 1, Finance, reported having considered the matter of Joint Powers Agreement for River Forks Commission, and recommended to authorize the mayor to enter into the Joint Power Agreement with the City of East Grand Forks.
It was moved by Council Member McCabe and seconded by Council Member Geller that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.
APPROVE APPLICATION BY WESTWARD HO FOR
SPECIAL ALCOHOLIC BEVERAGE PERMIT
Committee No. 2, Public Safety, reported having considered the application by Best Western Westward Ho Motel for special alcoholic beverage license at Purpur Arena on April 29-30 for Motorcycle Show and Swap Show sponsored by ABATE (American Bikers Aiming Toward Education), and recommended to approve the application.
It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE REQUEST BY ST. MICHAEL'S CHURCH
TO HOLD PRAYER PROCESSION ON MAY 1
Committee No. 2, Public Safety, reported having considered the request by St. Michael's Church to hold prayer procession on May 1 around the block (from 6th Street to 6th Avenue, over to 7th Street, down 7th Street and back on 5th
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Avenue to the front of the Church), and recommended to approve the request, contingent upon coordinating the event with the police department.
It was moved by Council Members Sande and Johnson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
INTRODUCE ORDINANCE RELATING TO PARKING OF
TRUCKS TRANSPORTING FLAMMABLE/HAZARDOUS
MATERIALS ON ROADWAY
Committee No. 2, Public Safety, reported having considered the matter of request by fire department to amend Section 12-0407 of the City Code relating to trucks transporting flammable and hazardous substances within the city, and recommended to introduce an ordinance amending Section 12-0407 of the Grand Forks City Code relating to parking of vehicles transporting flammable/hazardous materials on roadway, with fire department and city attorney drafting exceptions to the ordinance.
It was moved by Council Members Sande and Johnson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Sande introduced an ordinance entitled "An ordinance amending Sections 12-0403, 12-0404, and 12-0407 and adopting Section 12-0408 of the Grand Forks City Code relating to trucks", which was presented, read and passed on its first reading.
ADOPT RESOLUTION RECOGNIZING THE NINETY-NINES,
INC. AS PUBLIC-SPIRITED ORGANIZATION ELIGIBLE
TO CONDUCT GAMING, AND APPROVE APPLICATION
Committee No. 2, Public Safety, reported having considered the application for gaming permit by The Ninety-Nines, Inc., NW Section UND Chapter of International Organization of Women Pilots, UND, for a raffle on October 14, 1995, and recommended that we adopt a resolution recognizing this organization as a public-spirited organization eligible to conduct games of chance, and to approve the application for permit.
It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Sande introduced the following resolution which was presented and read: Document No. 6426 - Resolution.
It was moved by Council Member Sande and seconded by Council Member Johnson that this resolution be and is hereby adopted. Carried 12 votes affirmative.
ADOPT RESOLUTION RECOGNIZING THE RED RIVER
SOCIETY OF RADIOLOGICAL TECHNOLOGISTS AS
PUBLIC-SPIRITED ORGANIZATION ELIGIBLE TO
CONDUCT GAMING, AND APPROVE APPLICATION
Committee No. 2, Public Safety, reported having considered the application for gaming permit by Red River Society of Radiological Technologists for raffle May 1 through May 31, 1995, and recommended that we adopt a resolution recognizing this organization as a public-spirited organization eligible to conduct games of chance, and to approve the application for permit.
It was moved by Council Members Sande and Johnson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
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Council Member Sande introduced the following resolution which was presented and read: Document No. 6427 - Resolution.
It was moved by Council Member Sande and seconded by Council Member Johnson that this resolution be and is hereby adopted. Carried 12 votes affirmative.
INTRODUCE ORDINANCE RELATING TO WASTEWATER
DISPOSAL
Committee No. 3, Public Service, reported having considered the proposed ordinance relating to wastewater disposal, and recommended to approve the proposed ordinance, and to introduce for first reading.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Hagness introduced an ordinance entitled "An ordinance amending Article II of Chapter XV of the Grand Forks City Code relating to wastewater disposal", which was presented, read and passed on its first reading.
AUTHORIZE ENTERING INTO AGREEMENT WITH STATE
RE. PAYMENT PROCESS FOR PROJECT NO. 3945, U.S.
HIGHWAY 2 BEAUTIFICATION
Committee No. 3, Public Service, reported having considered the request from the North Dakota Department of Transportation for change in contractor payment process for Project No. 3945, U.S. Highway 2 Beautification, and recommended to authorize entering into an agreement with the North Dakota Department of Transportation providing for the payment process for Project No. 3945, State Project No. HDP 9243(001).
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS FOR PILOT
TEST OF EQUIPMENT AT WATER RECLAMATION PLANT
AND AUTHORIZE CALL FOR BIDS
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for pilot test of filter belt press equipment at water reclamation plant, and recommended to approve plans and specifications and to call for bids.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS, AND AUTHORIZE
CALL FOR BIDS FOR REPLACEMENT OF ROOM SYSTEM AT
WATER RECLAMATION PLANT
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for re-roofing of water reclamation plant, Project No. 4328, and recommended to approve plans and specifications, and to call for bids.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
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April 3, 1995
AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR PRIVATE INSTALLATION OF UTILITIES IN
CITY R/W IN COLUMBIA PARK 15TH ADDITION
Committee No. 3, Public Service, reported having considered the matter of
request to install utilities in City right of way in Columbia Park 15th Addition, and recommended to authorize private installation of utilities in City right of way, contingent upon filing of the plat, and authorize the City to enter into a three-way agreement with the developer and engineer.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR PRIVATE INSTALLATION OF UTILITIES IN
CITY R/W IN DEMERS 8TH ADDITION
Committee No. 3, Public Service, reported having considered the matter of request to install utilities in City right of way in DeMers 8th Addition, and recommended to authorize private installation of utilities in City right of way, contingent upon filing of the plat, and to authorize the City to enter into a three-way agreement with the developer and engineer.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR PRIVATE INSTALLATION OF UTILITIES IN
CITY R/W IN SUNLAND WEST 2ND RESUBDIVISION;
THAT CITY SPECIAL ASSESS PAVING IMPROVEMENTS
Committee No. 3, Public Service, reported having considered the request to install utilities in City right of way in Sunland West 2nd Resubdivision, along 7th Avenue North, west side, between North 51st and North 55th Streets, and recommended to authorize private installation of utilities in City right of way, contingent upon filing of the plat, and to authorize the City to enter into a three-way agreement with the developer and engineer.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Committee No. 3, Public Service, reported having considered the request to install utilities (sanitary sewer and watermain) in City R/W and construct paving on 6th Avenue North between North 51st and North 55th Streets, and that improvements be 100% special assessed, and recommended to approve request for improvements, that improvements on 7th Avenue North be accepted in lieu of upfront monies, and to refer to the city engineering department.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
FOR PRIVATE INSTALLATION OF UTILITIES IN
PERKINS 2ND ADDITION
Committee No. 3, Public Service, reported having considered the request to install utilities in City right of way in Perkins 2nd Addition, and
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recommended to authorize installation of utilities within City rights of way and to authorize City to enter into three-way agreement with the developer and engineer, contingent upon filing of the plat.
It was moved by Council Member Hamerlik and seconded by Council Member Klave
that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE ENGINEER TO PROCEED WITH PAVING
IN COLUMBIA PARK 15TH ADDITION
Committee No. 3, Public Service, reported having considered the request for special assessment project in Columbia Park 15th Addition for paving, and recommended to authorize engineering department to proceed to create a special assessment district.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
AUTHORIZE ENGINEER TO PROCEED WITH SPECIAL
ASSESSMENT PROJECT FOR UTILITIES IN MIGHTY
ACRES
Committee No. 3, Public Service, reported having considered the matter of request for special assessment project in Mighty Acres for sewer and paving, and recommended to authorize engineering department to proceed to create a special assessment district.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
GRANT EASEMENT FOR SANITARY SEWER
Committee No. 3, Public Service, reported having considered the sanitary sewer easement for private sewer to serve RentAll and Mini-Stor, 10 ft. on each side of the lot line common to Lots 1 and 2, Block 1, Flaat-Mikkelson Addition, located north of 40th Avenue South between the former north/south service road and South 11th Street, for and in consideration of the sum of $1.00, City of Grand Forks grantor, Forx RentAll, grantee, and recommended that the easement be granted and that we authorize proper City officials to sign said easement.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, WATERMAIN
PROJECT NO. 4237, DISTRICT NO. 234
The city auditor presented and read tabulation of bids which had been received and opened on March 27, 1995 for Watermain Project No. 4237, District No. 234, watermain on South 34th Street from Duke Drive to 11th Avenue South, indicating that Duckstad Contracting, Inc. was low bidder based upon their bid in the amount of $64,461.60: Document No. 6428 - Bid Tabulation.
The city engineer's estimate of total cost on Watermain Project No. 4237, District No. 234, in the amount of $ , was presented and read.
Committee No. 3, Public Service, reported having considered the matter of
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construction bids for Project No. 4237, District No. 234, watermain on South 34th Street, and recommended that we accept the low bid of Duckstad Contracting, Inc. in the amount of $64,461.60.
It was moved by Council Member Hamerlik and seconded by Council Member Klave
that this recommendation be and is hereby approved.
Council Member Babinchak asked to be excused from voting on this matter. It was moved by Council Member Sande and seconded by Council Member Beyer that Council Member Babinchak be excused from voting. Carried 11 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Member Babinchak excused from voting.
Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6429 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution awarding the contract for Watermain Project No. 4237, District No. 234, be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Geller, Johnson, Hagness - 11; voting "nay": none; and Council Member Babinchak excused from voting. Mayor Polovitz declared the resolution adopted and the contract awarded.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, WATERMAIN PROJECT NO.
4214, DISTRICT NO. 232
The city auditor presented and read tabulation of bids which had been received and opened on March 27, 1995 for Sewer Project No. 4214, District No. 232, watermain on 11th Avenue South from South 38th to South 40th Street, on South 40th Street from 11th to 14th Avenue South, and on 14th Avenue South from Norland Circle to South 40th Street, indicating that Duckstad Contracting, Inc. was low bidder based upon their bid in the amount of $99,275.00: Document No. 6430 - Bid Tabulation.
The city engineer's estimate of total cost for Watermain Project No. 4214, District No. 232, in the amount of $ , was presented and read.
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4214, District No. 232, watermain on 11th Avenue South/South 40th Street, and recommended that we accept the low bid of Duckstad Contracting, Inc. in the amount of $99,275.00.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved.
Council Member Babinchak asked to be excluded from voting on this matter. It was moved by Council Member Sande and seconded by Council Member Beyer that Council Member Babinchak be excused from voting. Carried 11 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Member Babinchak excused from voting.
Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6431 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Klave
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that this resolution awarding the contract for Watermain project No. 4214, District No. 232, be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik Carpenter, Sande, Klave, Beyer, Geller, Johnson, Hagness - 11; voting "nay": none; and Council Member Babinchak excused from voting. Mayor Polovitz declared the
resolution adopted and the contract awarded.
REFER MATTER OF BIDS FOR SEWER PROJECT
NO.4215 BACK TO COMMITTEE
The city auditor presented and read tabulation of bids which had been received and opened on March 27, 1995 for Sewer Project No. 4215, District No. 349, storm sewer on 11th Avenue South/South 40th Street, indicating that Schipper Construction, Fargo, was low bidder based upon their bid in the amount of $67,531.00: Document No. 6432 - Bid Tabulation.
The city engineer's estimate of total cost for Sewer Project No. 4215, District No.349, in the amount of $ , was presented and read.
Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4215, District No. 349, storm sewer on 11th Avenue South/South 40th Street, and recommended that we accept the low bid of Schipper Construction, Fargo, in the amount of $67,531.00.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved.
Council Members Hagness and Hamerlik asked that this matter be referred back to committee for further consideration; Mayor Polovitz referred the matter back to public service committee.
REVISE SPECIAL ASSESSMENT DISTRICT FOR
SEWER DISTRICT NO. 357, PROJECT NO. 4291
Committee No. 3, Public Service, reported having considered the matter of revising special assessment district for Project No. 4291, District No. 357, storm sewer on 47th Avenue South, Chestnut Street and in Mighty Acres, and recommended that the assessment district as adopted on March 20, 1995, be expanded to include all of Sunbeam 3rd Addition, which includes the Belmont Patio Homes complex, all of Block 6, Sun Beam Addition, and all of Woodland Estates Addition.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6432 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 12 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, SEWER
PROJECT NO. 4291, DISTRICT NO. 357
The city engineer's estimate of total cost of the construction of storm sewer on 47th Avenue South between Belmont Road and Cherry Street, on Chestnut Street between 47th Avenue South and 55th Avenue South, 49th Avenue South between Chestnut Street and Cherry Street, and on Barley Court, in the amount of $ , was presented and read.
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Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4291, District No. 357, storm sewer on 47th Avenue South, Chestnut Street and Mighty Acres, and recommended that we 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 Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6433 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 12 votes affirmative.
ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING DISTRICT NO. 103, PROJECT NO. 4308
Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for street lighting in Mighty Acres, Project No. 4308, District No. 103, 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 Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 6434 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Member Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.
ACCEPT ENGINEER'S REPORT, STREET LIGHTING
DISTRICT NO. 103, PROJECT NO. 4308
The city auditor presented and read the engineer's report on Street Lighting District No. 103, Project No. 4308: Document No. 6435 - Report.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this report be and is hereby approved. Carried 12 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET LIGHTING
DISTRICT NO. 103, PROJECT NO. 4308
Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 6436 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter,
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Sande, Klave,Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.
ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
STREET LIGHTING DISTRICT NO. 104, PROJECT NO. 4309
Committee No. 3, Public Service, reported having considered the matter of creating special assessment district for street lighting, Project No. 4309, District No. 104, street lighting on 11th Avenue South from 30th to 38th Street, 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 Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6437 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried and the resolution adopted.
ACCEPT ENGINEER'S REPORT, STREET LIGHTING
DISTRICT NO. 104, PROJECT NO. 4309
The city auditor presented and read the engineer's report for Street Lighting Project No. 4309, District No. 104: Document No. 6438 - Report.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this report be and is hereby approved. Carried 12 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET
LIGHTING DISTRICT NO. 104, PROJECT NO. 4309
Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 6439 - Resolution.