Council Minutes
PROCEEDINGS OF THE CITY COUNCIL OF THE
CITY OF GRAND FORKS, NORTH DAKOTA
Monday, March 2, 1998
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, March 2, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; absent: Council Members Polovitz, Sande - 2.
Mayor Owens announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter.
COUNCIL MEMBER KLAVE EXCUSED
APPROVE MINUTES
Typewritten copies of the minutes of the city council meetings held on Monday, February 2, 1998 and on Tuesday, February 17, 1998, were presented and read. It was moved by Council Member Hagness and seconded by Council Member Beach that these minutes be approved as read. Carried 11 votes affirmative.
COUNCIL MEMBER KLAVE REPORTED BACK
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE AMENDING STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF STADTER RESUBDIVISION TO
MARCH 16, 1998
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the City of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Stadter Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 17, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The city auditor reported that the notice of public hearing had been published on February 24 and was scheduled for publication on March 3, 1998, and did not meet the publication requirements. It was moved by Council Member Babinchak and seconded by Council Member Klave to continue the public hearing and second reading of the ordinance to March 16, 1998. Carried 12 votes affirmative.
ADOPT ORDINANCE NO. 3699, RELATING TO OWNERSHIP,
REPAIR AND CONTROL OF WATER METERS
An ordinance entitled "An ordinance amending Section 15-0114 of the Grand Forks City Code relating to ownership, repair, and control of water meters", which had been introduced and passed on its first reading on February 17, 1998, was presented and read for consideration on second reading.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the ordinance adopted.
SUSPEND AGENDA AND CONSIDER ITEM RELATIVE TO
POLICY FOR VOUCHER PROGRAM
Council Member Beyer moved to suspend the agenda and to consider the matter of reaffirming policy for Voucher Program. Council Member Klave seconded the motion. Carried 12 votes affirmative.
The Flood Response Committee reported having considered the matter of reaffirming policy for Voucher Program, and recommended to reaffirm the Voucher Program as written.
It was moved by Council Member Carpenter and seconded by Council Member Bakken that this recommendation be and is hereby approved.
Kalen Helle, 5263 12th Avenue South, Princeton Park, asked council to amend voucher incentive program where residents who lost their mobile homes want to purchase another home in the city, that he lived in a mobile home, was in the flood zone 1A and didn't get bought out because he didn't own the land, that he had 100% loss, living in Industrial Park and wanted to know if there was any way to amend program to allow those people owning mobile homes to qualify for this (to buy stick-built house).
Howard Swanson, city attorney, reported that they have had prior discussion on the amendment of the voucher program, had various requests by individuals who have not accepted the voluntary acquisition offer by the City and have been denied the voucher, the requirement at this point is that the only ones that qualify for receipt of the voucher are those that participate in the voluntary acquisition program; that to amend the program to allow a voucher to be issued to an individual or to a party for the purpose of a mobile home, when in fact there is no acquisition of a structure or land creates ambiguity in the prior policy as to why not issue incentive payment to those that did not participate in the voluntary acquisition program. Mr. Helle reported that he was told only reason he didn't qualify was that he didn't own the land. It was noted that mobile homes pay County tax and are considered personal property. Mr. Helle noted that there were 10-12 on his block that were destroyed; that this went to Flood Response Committee and was denied. Council Member Carpenter stated he made motion at Flood Response Committee to reaffirm their policy, that it's right decision, had number of different circumstances where people wanted them to change voucher program, that if start making changes all could make good point but purpose of the voucher program was to entice those that the City bought out through voluntary buyout program to reinvest in the community. He stated it's not easy to tell someone they can't assist them in this but the guidelines appropriate and if start making exceptions have multiple people coming before them and they have very limited funds. Council Member Bakken stated that he wasn't aware of any program to assist them but City did build some affordable homes on the west side of town that are open for anyone.
Gene Schneeweis, 1004 University Avenue, stated that the council should try to invest in the citizens of Grand Forks before assisting businesses.
Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.
HOLD PUBLIC HEARING AND ADOPT RESOLUTION GIVING
PRELIMINARY APPROVAL TO A PROJECT UNDER THE MIDA
OF 1995 AND AUTHORIZING THE PREPARATION OF NECESSARY
DOCUMENTS; AND AWARD DEMOLITION CONTRACT FOR
BUILDING, SITE PREPARATION AND APPROVE FUNDING
FOR PROJECT
The city auditor reported that notice had been published calling a public hearing on the proposal that the City issue its revenue bonds under the North Dakota Municipal Industrial Development Act to finance the project for the purpose of promotion, attraction, encouragement and development of economically sound commerce, preserving and developing a tax base adequate to finance necessary public services, and encouraging employment opportunities for the citizens of the city, that the City is authorized to acquire, construct and lease real and personal property for the use by a revenue-producing enterprise, said property to be acquired and constructed with funds raised through the issuance of revenue bonds of the City; that the Grand Forks Jobs Development Authority has agreed to undertake a project in the city, said project to consist of the acquisition and construction of two office buildings, totaling approx. 100,000 sq.ft. which will be leased for use as office or retail space to various tenants, including the First National Bank North Dakota, Brady Martz & Associates, P.C. and Camrud, Maddock, Olson & Larson, Ltd.; that the project will be located at 401 and 402 DeMers Avenue; and that the financing of the project will require the issuance of revenue bonds in the amount of approximately $6,300,000.
Mayor Owens called for the public hearing; there were no comments and the hearing was closed.
It was moved by Council Member Hafner and seconded by Council Member Beyer to declare an insufficiency of protest to the project. Carried 12 votes affirmative.
Council Member Bakken introduced the following resolution and moved its adoption, which motion was seconded by Council Member Glassheim: Document No. 7439 - Resolution.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.
The Flood Response Committee reported having considered the matter of award of demolition contract for Clifford Annex and Electric Construction building, site prep. for 402 DeMers and proceeding with project; and recommended to approve 1) resolution to proceed with the sale of a bond subject to public hearing on March 2, 1998; 2) resolution to authorize staff to lend $500,000 from excess sales tax to debt service reserve fund; 3) award bids for demolition of buildings; 4) authorize officials to enter into a lease agreement with JDA; 5) refer to public service committee to create a special assessment district for parking ramp; and 6) authorize up to $1.5 Million in CDBG funds for downtown parking ramp.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
REFER CONSENT AGENDA ITEMS TO COMMITTEE
It was moved by Council Member Babinchak and seconded by Council Member Hagness that the consent agenda items be referred to committee as noted. Carried 12 votes affirmative.
Public Safety Committee: matter of Fifth Annual Great Red River Duck Race and 29th annual Sertoma fireworks display activities on July 4, 1998 on banks of the Red River.
Public Service Committee: matter of consideration of waffle plan re. flood protection.
APPROVE BILLS
Vendor Payment No. 98-03, dated March 2, 1998 and totaling $1,345,137.46, 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 Carpenter 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, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.
APPROVE LEASING PROPERTY AT 318 NORTH 4TH
STREET TO JOHN FRENCH AS PARKING LOT
Committee No. 1, Finance, reported having considered the request from John French to lease property at 318 North 4th Street for use as parking lot, and recommended that we approve leasing the property for one year with lease to include a termination upon sale provision and liability insurance requirement, upon review and approval of the city attorney.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE BLUE CROSS/BLUE SHIELD SETTLEMENT
Committee No. 1, Finance, reported having considered the matter of Blue Cross/Blue Shield settlement, and recommended to concur with the motion of the Pension Committee to authorize an equal cash payment to all current classified employees who were employed with the City as of December 31, 1996.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
ACCEPT BID FOR MAILING MACHINE
Committee No. 1, Finance, reported having considered the matter of bids received for mailing machine, and recommended that we enter into lease purchase agreement with Pitney Bowes in the amount of $17,268.00.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE BUDGET AMENDMENTS
A request for budget amendment from Human Resources Department in the amount of $2,500 to cover expenses for printing Employee Reference Guides was presented and read.
A request for budget amendment from Civic Auditorium in the amount of $8,000 to replace doors and locks on outside building doors (alley and ramp doors) was presented and read.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that these budget amendments be and are hereby approved. Carried 12 votes affirmative.
APPROVE APPLICATION FOR LIQUOR LICENSE BY
CHINA GARDEN RESTAURANT, INC., 2550 32ND
AVENUE SOUTH
Committee No. 2, Public Safety, reported having considered the application for liquor license by China Garden Restaurant, Inc., 2550 32nd Avenue South, for Class IV (Food and Beverage Establishment) license, and recommended to approve the application contingent upon review by appropriate departments.
It was moved by Council Member Glassheim and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE BUDGET AMENDMENTS
A request for budget amendment from the Police Department in the amount of $1,518.00 to reflect cash sale of damaged weapons, was presented and read.
A request for budget amendment from the Police Department in the amount of $891.93 to reflect donation to Chaplaincy Fund, was presented and read.
A request for budget amendment from the Police Department in the amount of $16,000 to reflect grant funds that were to be used for law enforcement programs but were expended as flood-related overtime expense, was presented and read.
A request for budget amendment from the Mosquito Control Fund in the amount of $32,468.00 to transfer 1994-1997 cash carryover to fund building safety items and additional pest control chemicals, was presented and read.
It was moved by Council Member Glassheim and seconded by Council Member Bouley that these budget amendments be and are hereby approved. Carried 12 votes affirmative.
APPROVE REDUCTION OF SPEED ON NORTH 5TH
STREET FROM 7TH AVENUE NORTH TO UNIVERSITY
AVENUE
Committee No. 2, Public Safety, reported having considered the matter of request for lowering speed limit (or school crossing lights) on North 5th Street starting north of St. Michael's to University Avenue, and recommended that we reduce speed limit to 25 mph and request greater enforcement from 7th to University, and install signs announcing speed zone ahead.
It was moved by Council Member Glassheim and seconded by Council Member Bouley that this recommendation be and is hereby approved.
Council Member Klave noted that he is not against lowering speed limit in that area but there is a stop light at the intersection with St. Michael's School and that kids should be taught how to cross street at stop light, that staff should send letter to schools promoting teaching of traffic safety at schools.
Council Member Beyer also noted that there is an ordinance requiring parents to drop kids off adjacent to school rather than from across the street where children have to cross traffic, and need to have some parental education also.
Upon call for question, motion carried 12 votes affirmative.
RECEIVE AND FILE MATTER OF ISSUING CERTIFICATES
OF OCCUPANCY TO RENTAL UNITS, WITH STAFF TO
RESEARCH POSTING OF CERTIFICATES
Committee No. 3, Public Service, reported having considered the matter of request by Luke Davis, 608 Reeves Drive, that certificates of occupancy be issued to apartments, and recommended to receive and file, with staff to research into posting of certificates of occupancy.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE CHANGE ORDER FOR PROJECT NO. 4439,
LIFT STATION 38
Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1 for Project 4439, Lift Station 38, Wanzek Construction Company, in the amount of $3,910.00, and recommended to approve the change order.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE AGREEMENT, PROJECT NO. 4670,
PHASE 2, SOUTHEND DRAINWAY
Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services with CPS for Project No. 4670, Phase 2, Southend Drainway, and recommended to authorize entering into agreement with CPS, Ltd. in an amount not to exceed $147,687.00.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4440, PHASE 1A,
SOUTHEND DRAINWAY
Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreements for various projects, Amendment No. 2, CPS, Ltd. Project No. 4440, Phase 1A, Southend Drainway, and recommended to approve amendment to the agreement to increase engineering fees by not to exceed $9,850.00 to a maximum of $134,352.00.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4663, SECONDARY
LINE OF DEFENSE FLOOD FIGHT
Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement for various projects, Amendment No. 1, CPS, Project No. 4663, secondary line of defense flood fight, and recommended to approve an amendment to the contract to increase engineering fees to a limit of $55,000, with costs through CDBG funding.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
AUTHORIZE LAND APPRAISALS FOR EMERGENCY
CLAY BORROW AREAS
Committee No. 3, Public Service, reported having considered the matter of authorization for land appraisals for emergency clay borrow areas, and recommended to authorize staff to obtain land appraisals for clay borrow.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, STREET
LIGHTING PROJECT NO. 4506, DISTRICT NO. 115
The city engineer's estimate of total cost of the construction of street lighting on South 38th Street from 24th to 30th Avenues South, in the amount of $46,147.50, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Street Lighting Project No. 4506, District No. 115, street lighting on South 38th Street from 24th to 30th Avenues South, 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 Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7440 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 12 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, STREET
LIGHTING PROJECT NO. 4509, DISTRICT NO. 118
The city engineer's estimate of total cost of the construction of street lighting on 30th Avenue South from South 38th to South 42nd Streets, in the amount of $24,990.00, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Street Lighting Project No. 4509, District No. 118, street lighting on 30th Avenue south from South 38th to South 42nd Streets, 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 Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7441 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 12 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, STREET
LIGHTING PROJECT NO. 4637, DISTRICT NO. 122
The city engineer's estimate of total cost of the construction of street lighting on South 31st Street from 32nd to 36th Avenues South, in the amount of $22,548.75, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Street Lighting Project No. 4637, District No. 122, street lighting on South 31st Street from 32nd to 36th Avenue South, 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 Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7442 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 12 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, STREET
LIGHTING PROJECT NO. 4597, DISTRICT NO. 119
The city engineer's estimate of total cost of the construction of street lighting on Oxford Street, Harvard Street, Princeton Street and 5th Avenue North, in the amount of $37,049.25, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Street Lighting Project No. 4597, District No. 119, street lighting on Oxford Street, Harvard Street, Princeton Street and 5th Avenue North, 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 Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7443 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 12 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, STREET
LIGHTING PROJECT NO. 4635, DISTRICT NO. 120
The city engineer's estimate of total cost of the construction of street lighting in English Coulee Center 2nd Addition in the amount of $13,492.50, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Street Lighting Project No. 4635, District No. 120, street lighting in English Coulee Center 2nd Addition, 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 Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7444 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 12 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, STREET
LIGHTING PROJECT NO. 4636, DISTRICT NO. 121
The city engineer's estimate of total cost of the construction of street lighting in Rivers Edge and 49th Avenue South in the amount of $20,816.25, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Street Lighting Project No. 4636, District No. 121, street lighting in Rivers Edge and 49th Avenue South (Belmont Road to Rivers Edge Drive), 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 Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7445 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 12 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, STREET
LIGHTING PROJECT NO. 4639, DISTRICT NO. 124
The city engineer's estimate of total cost of the construction of street lighting in Garden View Estates in the amount of $15,356.25, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Street Lighting Project No. 4639, District No. 124, street lighting in Garden View Estates, 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 Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7446 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 12 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, STREET
LIGHTING PROJECT NO. 4641, DISTRICT NO. 125
The city engineer's estimate of total cost of the construction of street lighting on South 21st Street from 26th to 27th Avenues South and on 26th Avenue South from South 20th to South 23rd Streets, in the amount of $8,883.00, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Street Lighting Project No. 4641, District No. 125, street lighting on South 21st Street from 26th to 27th Avenue South and on 26th Avenue South from South 20th to South 23rd Streets, 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 Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7447 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 12 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, STREET
LIGHTING PROJECT NO. 4642, DISTRICT NO. 126
The city engineer's estimate of total cost of the construction of street lighting on Cambridge Street, Hamline Street and 5th Avenue North, in the amount of $27,510.00, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Street Lighting Project No. 4642, District No. 126, street lighting on Cambridge Street, Hamline Street and 5th Avenue North, 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 Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7448 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 12 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, WATERMAIN
PROJECT NO. 4715, DISTRICT NO. 258
The city engineer's estimate of total cost of the construction of watermain on North 51st Street from 10th to 12th Avenues North, in the amount of $ was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Watermain Project No. 4715, District No. 258, watermain on North 51st Street from 10th to 12th Avenue North, 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 Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 12 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7449 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 12 votes affirmative.
APPROVE AMENDMENT TO ENGINEERING CONTRACT
FOR PROJECT NO. 4654.010, WATER SYSTEM
CONCEPT PLAN
Committee No. 3, Public Service, reported having considered the matter of engineering fee overruns for Water System Concept Plan, Project No. 4654.010, and recommended to approve amendment to the contract with Advanced Engineering to increase maximum fee to $149,052.00.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved.
Council Member Lucke expressed concern re. large overrun on the project, that council is being asked to approve a $50,000 overrun on a $100,000 project and that committee not aware of the overrun; that minutes disclose this same situation happened a year ago, that they decided to pay that and said that this is not the way we conduct business. He mentioned relationship between city engineer and Mr. Vein of Advanced Engineering, which he thinks is very sensitive situation. He stated that if they have a contract that says $100,000 and that agreement says should be amended supplemental, modified or cancelled by a duly executed written instrument, that is the way it should be modified, and modified when there is a scope change; have to be responsible to show we care about taxpayers money and have to show constituents we make the right decisions.
Council Member Hagness reported that the committee discussed this issue very thoroughly with the engineering firm to find out how they incurred these expenses, when they contacted the City and how they proceeded with this job. He stated that project done after flood; firms know since discussion in public service committee, notification before the work is done, sometimes work is okayed by department heads and brought to committee at their next meeting, and that this should occur less frequently in the future, but will still occur. He stated that if work done, City should pay for it, and are recommending payment of the overrun. He also noted that when mentioning Ken and Charles Vein, Ken Vein has never been a part of this project, that he always separates himself from Advanced Engineering, and Steve Burian from Advanced Engineering has represented the engineering firm; there is no conflict of interest here at all, never any discussion that there was a conflict of interest and there should be none implied. Council Members Hafner and Klave concurred with Council Member Hagness' comments. Council Member Klave stated they would not want engineering firms to think that if contract goes over contract amount, they have to include numbers to factor that and City could end up paying more money than necessary.
Several Council Members expressed concern that committee not aware of large overrun, that project and work done because of flood, need to send strong message that communication very important, but that council would not deny amendments if work is needed to be done. Council Member Hagness stated he was sure firms aware of need for communication after last committee meeting as committee has instructed firms and staff as well.
Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 11; voting "nay": Council Member Lucke - 1.
OPEN APPLICATION PERIOD FOR RENTAL REHAB
PROGRAM
Committee No. 4, Urban Development, reported having considered the matter of Rental Rehab. Program, and recommended that the council open applications to April 1 and advertise that there is possible funding and further that the council not consider applications for additional funding on existing projects.
It was moved by Council Member Bouley and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE CHANGE ORDER AND UTILIZING REMAINING
FUNDS FOR INDUSTRIAL PARK EXPANSION PROGRAM
Committee No. 4, Urban Development, reported having considered the matter of Industrial Park expansion program, Molstad Excavating, inc., $5,862.20, and recommended to approve change order in the amount of $5,862.20.
It was moved by Council Member Bouley and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
Committee No. 4, Urban Development, reported having considered the matter of Industrial park expansion project, Project #45030, and recommended to approve utilizing the remaining funds in Department #4113, which is the Industrial Park Expansion Project, for the extension of South 48th Street in the amount of $108,988.00.
It was moved by Council Member Bouley and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE BUDGET AMENDMENT
A request for budget amendment from the Urban Development Office in the amount of $509,623.00 to establish Rental Rehab project funded with State CDBG Grant for balance of grant, was presented and read.
It was moved by Council Member Bouley and seconded by Council Member Beach that this amendment be approved. Carried 12 votes affirmative.
SET PUBLIC HEARING FOR FY1998 FEDERAL TRANSIT
ADMINISTRATION GRANT APPLICATIONS
The Bus Committee reported having considered the matter of setting public hearing date for FY1998 Federal Transit Administration Grant Applications (Entitlement and Discretionary), and recommended setting the public hearing date of March 16, 1998 at the regularly scheduled city council meeting.
It was moved by Council Member Lucke and seconded by Council Member Hagness that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE 1998 EAST GRAND FORKS BUS SERVICE
AGREEMENT
The Bus Committee reported having considered the matter of approval of 1998 East Grand Forks bus service agreement, and recommended approval of 1998 East Grand Forks agreement subject to review by city attorney.
It was moved by Council Member Lucke and seconded by Council Member Hagness that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE RENEWAL OF AETNA GROUP ANNUITY CONTRACT
The Pension and Insurance Committee reported having considered the matter of AEtna group annuity contract renewal and recommended that council approve the contract for renewal and authorize proper City officials to execute the contract.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 12; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE STAFFING REQUESTS
The Flood Response Committee reported having considered the matter of staffing request for Urban Development, and recommended the addition of a clerical position to the Office of Urban Development through the Staffing Needs Assessment Program.