Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, May 18, 1998
The city council of the City of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, May 18, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; absent: none.
Mayor Owens announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter.
Mayor Owens acknowledged two Boy Scout Troops in the audience, one under leader-ship of Lonnie Laffen, Troop 13 from Holy Family; and Troop 130 under guidance of Barry Medd, St. Mark's Church; troops studying citizenship in community.
The city auditor submitted apologies to council members as they did not receive informational packets, that packets picked up on time for mailing by courier service, and would appreciate their letting his office know if they receive packets, as last mailing which was hand delivered to the Post Office was never delivered; they will be talking with Post Office and courier service.
PRESENTATION OF AWARDS
Mayor Owens made a presentation to Martha Torkelson, who retired as director from Senior Citizens Center, and thanked her for her work.
Mayor Owens made presentation to Sally Page, who served as member of the Civil Service Commission from January, 1984 to March, 1998, and thanked her on behalf of the City and herself.
Mayor Owens made presentation of Griggs Award from Grand Forks Historic Commission to Hal and Kathy Gershman for acknowledged leadership and contribution for restoration project of Empire Theatre.
Mayor Owens made presentation to Mike Maidenberg, publisher of Grand Forks Herald, with Griggs Award and special contributions award from Grand Forks Historic Commission, for dedication to redevelopment of downtown Grand Forks.
PRESENTATION RE. RED RIVER BASIN BOARD
Michael Polovitz, 2529 9th Avenue North, reported that booklet placed on council members desks through auspices of International Coalition deals with water issues since 1979 flood, and through the International Coalition the Red River Basin Board was formed and financed by this organization and now the Red River Basin Board is made up of elected officials and other individuals, being funded through Minnesota and North Dakota State governments and working on long term effort of management of water within the Red River Basin. He stated that book is on history of the Red River Basin and some of the challenges that we're facing as far as putting a management plan into effect, have about 18 months to get plan done, and hopefully Red River Basin Board will accomplish that goal.
Mayor Owens reported that the Red River Basin Board usually meets the first Thursday of every month in different cities throughout North Dakota, Minnesota and Manitoba; that she is an alternate to Bruce Furness from Fargo, and as time goes on in the next few months should be able to have schedules where able to attend all of those meetings; that she has tried to send staff members to keep up on what's going on. She stated that this is very important, and thanked Mr. Polovitz for his presentation.
AMEND AGENDA TO INCLUDE ITEMS FROM EVENTS
CENTER CORE COMMITTEE
Council Member Carpenter reported that the Events Center Core Committee met today and items had not been placed on the agenda, and moved to suspend the rules to add two items under New Business: 1) matter of geothermal study, and 2) matter of committee membership. Council Member Hagness seconded the motion. Carried 14 votes affirmative.
APPROVE MINUTES NOVEMBER 7 AND 17, 1997
Typewritten copies of the minutes of the city council held on November 7 and 17, 1997 were presented and read. It was moved by Council Member Sande and seconded by Council Member Bouley that these minutes be approved as read. Carried 14 votes affirmative.
ADOPT ORDINANCE NO. 3712 TO AMEND THE ZONING
MAP TO INCLUDE WITHIN R-1 (SINGLE FAMILY
RESIDENCE) DISTRICT LOTS 1-5, BLOCK 3, ALL
OF BLOCKS 4 AND 5, LeCLERC'S ADDITION
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the R-1 (Single Family Residence) District, Lots 1 through 5, Block 3, all of Blocks 4 and 5, LeClerc's Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 6, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Owens called for the public hearing; there were no comments and the hearing was closed.
The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Alan Thompson and Bert and Lyle Johnson for final approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the R-1 (Single Family Residence) District, Lots 1 through 5, Block 3, all of Blocks 4 and 5, LeClerc's Addition, Grand Forks, North Dakota (located at the intersection of Chestnut Street and 55th Avenue South), and recommended final approval and passage of an ordinance to amend the zoning map. The recommendation had been moved and seconded by Council Members Hagness and Polovitz.
Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3713, TO AMEND THE ZONING
MAP TO INCLUDE WITHIN THE B-3 (GENERAL BUSINESS)
DISTRICT BLOCK 1, KRILE SUBDIVISION
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the B-3 (General Business) District, Block 1, Krile Subdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 6, 1998, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Owens called for the public hearing; there were no comments and the hearing was closed.
The city auditor presented and read the report from the Planning and Zoning Com-mission that they had considered the matter of the request from Bennie J. Krile on behalf of the B. E. Krile Trust, for final approval of an ordinance to amend the Zoning Map to exclude from the A-2 (Agricultural Reserve) District and to include within the B-3 (General Business) District, Block 1, Krile Subdivision, Grand Forks, North Dakota (located in the southwest corner of South Washington Street and 40th Avenue South, formerly 39th Avenue South), and recommended final approval and passage of an ordinance to amend the zoning map. The recommendation had been moved and seconded by Council Members Polovitz and Hagness.
Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the ordinance adopted.
DEFEAT ORDINANCE TO AMEND ZONING MAP TO
INCLUDE WITHIN JOHNSON'S PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 3, JOHNSON'S 1ST, 2ND, 3RD AND
4TH ADDITIONS AND KUSTER'S 2ND AND 3RD RESUB-
DIVISIONS, WITH SUBSTANTIAL CHANGE LYING IN
LOTS 6 THROUGH 27, BLOCK 1, JOHNSON'S 4TH ADDITION
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, and to include within Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, Johnson's 1st, 2nd, 3rd and 4th Additions and Kuster's 2nd and 3rd Subdivisions to the city of Grand Forks, North Dakota, with substantial change lying in Lots 6 through 27, Block 1, Johnson's 4th Addition", which had been introduced and passed on its first reading on February 17, 1998, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.
Mayor Owens called for the public hearing; there were no comments and the hearing was closed.
The city auditor presented and read the report from the Planning and Zoning Com-mission that they had considered the matter of the request from city council for reconsideration of the request from Tim Crary on behalf of Johnson Farms for final approval of an ordinance to amend the zoning map to exclude from Johnson's PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 and to include within Johnson's PUD (Planned Unit Development), Concept Development Plan - Amendment No. 3, Johnson's 1st, 2nd, 3rd and 4th Additions and Kuster's 2nd and 3rd Subdivisions, Grand Forks, ND, with substantial change lying in Lots 6 through 27, Block 1, Johnson's 4th Addition (located west of South 40th Street between 11th Avenue and 15th Avenue South), and recommended denial of the ordinance to amend the zoning map (subject property shall remain as R-1 for single family type uses). The recommendation had been moved and seconded by Council Members Polovitz and Hagness.
Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": none; voting "nay": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14. Mayor Owens declared the ordinance defeated.
HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY
OF PROTEST AND DIRECT THAT RESOLUTION OF ANNEXATION
OF ALL OF STADTER RESUBDIVISION AND OTHER PROPERTIES
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 on April 6, 1998, annexing properties included in Stadter Resubdivision and other properties to the city of Grand Forks, located south of 44th Avenue South between South Washington Street and South 16th Street, former Starlite Theatre Property, (Option 5a), 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 April 11 and 18, 1998; and further reported that protests were filed by Francis A. Curran and Ruth A. Curran, on behalf of themselves and the Francis and Ruth Curran Family Trust; (their children Dean Curran, Richard Curran and Yvonne Curran Jacobson are members of the Family Trust) and by Dean Curran and Yvonne (Curran) Jacobson as members of the Family Trust and as joint owners (a written protest was also received from Richard Curran after the deadline for submitting written protests).
Mayor Owens called for the public hearing.
Yvonne Curran Jacobson stated that the council had received a copy of her letter but wanted to read her letter and tried to explain why they wanted to be left out of this annexation or be given a few years to see if they can work with her father. She read her letter opposing annexation of portions of Curran farmland, that they have attended meetings and made objections known, that Planning and Zoning recommended that the Curran farmland be left out of the annexation; that the Curran farmland has been in the family for over 100 years, that land was given to her father who regards farm as sacred trust, that he farmed the land and raised his family in Grand Forks, that the farm is her dad's life and reason to get up in the morning and is very passionate concerning it; that the rent from the farmland and farmhouse have been her parents income, they are 88 and 86 years old, and have been healthy and independent, and the only reason she has had to fear for her father's health has been since the condemnation and annexation proceedings. That the farmland neither needs nor gains from annexation or city services, and portion of Curran farmland for proposed annexation are at the edge of an appendage stretched out over open farmland one-half or three-fourths of a mile closer to the city. That there has been precedence set at a prior city council meeting when the Gransberg's requested and were granted to be left out of the planned annexation even though they are half-mile closer to the city, and therefore, are requesting to be left out of the annexation as well. That there is a ND State Statute that specifies that farmland can only be taxed as farmland even though annexed into a city, and if portion of the farmland is annexed in order to place special assessment taxes on the farm, it is against the purpose of the law. Tapping fees have been widely used in Grand Forks to avoid unnecessary encumbrances, and now the City maintains they cannot afford to utilize them in this case, and a small farm can hardly afford the encumbrances of special assessments for services that it does not require. She stated they would hope that they would give every consideration to not annexing the Curran farmland as no justification for annexation, it only places encumbrances against a century old family farm that is Francis Curran's life blood, and asked to allow him to make his own decisions on the destiny of his land.
Ray LeClerc, planning office, reported that the only property annexed of Gransberg's property was right of way, but on Curran property in addition to the right of way an additional 140 ft. which is based upon the new policy that the council recently approved. He stated that one of the reasons they didn't take any of the Gransberg's property was that the waterline that was constructed to serve the rental place is now along 40th Avenue South so no need to annex for special assessing watermain. Council Member Klave asked if not annexing any right of way on the Gransberg's property because no need or gain, what's need on Curran property. Mr. LeClerc stated that the waterline that will be placed there to serve the psychiatric Hospital and the School is on west side of the Highway and north side of 47th Avenue South. Mr. LeClerc stated they have map showing difference between Option 5a which was approved by council, and Option 1a that was approved by the Planning Commission, and basic difference between the two options was the farmland or the additional 140 ft. and the Curran property in various areas. It was noted where the original farmhouse was located (140 ft. by 190 ft.)
Dean Curran, 3305 Belmont Road, stated they are not being fair, are looking for revenue to get road to new school, and if deviate for benefit, didn't know if legal.
Ken Vein, city engineer, reported that they've been struggling for some time on how to handle annexation such as this, and have gone into some strip annexation adjacent to public rights of way which would allow City now or in the future to be able to put in the infrastructure that will serve that area and assess to those that would be the future beneficiaries. He stated that the annexation shown here is that we would annex entire area because ultimately the entire area will benefit, but because of some of the limitations by law, only able to annex those areas adjacent to the areas planned for future development; that much of the future development such as streets are protestable, so adjacent property owners can protest those future benefits, but biggest ones are sewer and water and they will not come in until such times as there's a need in the area. He stated they look at annexations that go beyond the areas now because in the future when infrastructure extended, will have to look at how we are paying for this, and have to look at what's happening to other utility rates because the cost of extending the sewer and water have to be borne by the public at large if not assessed to the adjacent property owners. He stated they met with the finance department and have looked at growing problem they've had with extensions of sewer, water, and streets and trying to do by tapping charge and has significant impact to the city in general. He stated they have looked at what we can do to try to have annexations within the limited bounds, which would allow for the future services. He stated they wanted to make sure the properties are annexed so the proper assessments could take place. He stated they have made recommendation and it's up to the city council to decide if they want to continue to follow policies they've used in the past which is to pay for extensions for infrastructure through tapping fee or if we go back to annexation; he stated in time the whole area will become annexed and the extension of the infrastructure in those areas would be constructed and assessed, with exception of paving which is protestable. He also stated he didn't think could give prediction as to when sewer and water would be installed; but can tell that the watermain they've talked about is coming down the west side of South Washington, 16" will come over to the new school and the planned sanitary sewer lift station will run down quarter-section line that will serve the beginnings of this area; installation may depend on future housing market and redevelopment of south end of city takes place.
Council Member Glassheim asked if something not annexed now, but later, would they get into an assessment district or free of any assessment for past construction by their property. Mr. Vein stated it wouldn't be forever, but when annexed take over cost of the tapping fee which has been calculated for that area, and several mechanisms as to how could pay that off, either up-front or re-assessed over the property. He stated they have calculated a depreciated value so the City of Grand Forks picks up the original cost and interest costs until such time as it is annexed, and property owner would take over the depreciated value and City finances that in the interim.
Council Member Hagness stated that Planning & Zoning or city council over the last number of years, not setting a precedence, that there are guidelines that a City has to follow and a point system they have to meet to be able to right-fully annex land, City does good job of trying to bring services in and because of growth we've had City is picking up more and more tapping fees and don't recover all our costs. He stated that the city auditor has informed them that they're getting to a limit of tapping fees. He stated they are awarding bids for two projects where no one assessed for, but taking out of CDBG funds or Highway Users, etc. and one is for $417,572.44 for paving on Columbia Road, the other is for paving on Belmont Road rehabilitation for $229,729.00 and because of all these fees that all the citizens are picking up in the community, try to spread as evenly as possible, and when we get to an area that's farmland like this, the property does get enhanced by increased value when that property is sold; it might force them to sell sooner than they want to but if the City does any leap-frog development or any more tapping fees, the rest of the citizens in Grand Forks won't be able to afford it.
Mayor Owens closed the public hearing.
The city auditor reported on the determination of sufficiency of protests as com-piled by the city planning office and based on the written protests that were submitted; and the determination is that the land owned by the above protestors, and of which lies within the proposed area to be annexed, is 5.8 acres or 2.6% of the total area being considered for annexation; and based upon the written and filed protest, it is determined that there is not a sufficient amount of protest as it is less than the one-fourth or 25% of the total territory.
It was moved by Council Member Hagness and seconded by Council Member Glassheim that a finding of insufficiency of protest to the annexation be entered, and further 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.
It was moved by Council Member Beyer to exclude the original farmhouse south of 47th Avenue South and east of 81 from the resolution of annexation. Council Member Klave seconded the motion.
Mr. Vein stated that he is not aware on the east side of Washington or the south side of 47th anything being assessed immediately, and how soon something there he doesn't know, but on 40th Avenue South could be something there because of condition of pavement, but as area develops there will be infrastructure installed and that's why proposal is to annex it now for the future.
The city auditor stated that we are an expanding city, and will run into this more frequently than have in the last few years and there's becoming a significant burden on the utility rates which are paid by all current residents who have already paid for their infrastructure through assessments, and that's the point they are getting to, that as long as expanding and growing will have this problem and it's a matter of transfer of payment but it seems difficult that those within the city limits have currently paid for their assessments and haven't had projects paid through utility rates, do seriously have to look at these things.
Dean Curran stated that when Columbia Road was built, wasn't built where City wanted it, and only way City would allow it to be built is if utilities were borne by the Columbia Mall until they were allowed to recover them, and now City has jumped out here and City will gain from this.
Council Member Carpenter stated that there's waterline going out there, which is being paid by FEMA funds, but that he understands that will be recouped.
Council Member Klave stated that speaking to the amendment, that at the present time doesn't want the Curran family to think that there's any grace period there because City will have to do something with 47th, and could be just a matter of a month or two when both sides of 47th could be coming before this Board to be annexed.
Council Member Hagness stated that when Columbia Mall came in, the city engineer resisted any development on the south side of 32nd Avenue South at all, and yet the City annexed an 800 ft. strip so could assess 32nd Avenue South to the property to the south of it, and developers agreed to it because of future benefits.
Upon call for the question on the amendment, and upon voice vote the motion carried 14 votes affirmative.
Upon call for the question, as amended, and upon voice vote the motion carried.
HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY
OF PROTEST AND DIRECT THAT RESOLUTION OF ANNEXATION
OF PORTION OF BLOCKS 1, 2 AND 3, AND ALL OF BLOCKS
4 AND 5, LeCLERC'S ADDITION, 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 April 6, 1998, annexing the northerly 175 feet of the westerly 182.46 feet of Block 1, the northerly 175 feet of the easterly 130 feet of Block 2, Lots 1 through 5, Block 3, all of Blocks 4 and 5, LeClerc's Addition, 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 April 11 and 18, 1998; and further reported that no written protests had been filed with the auditor's office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that a finding of insufficiency of protest to the annexation be entered; and further 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.
ADOPT RESOLUTION VACATING PORTION OF CUL-DE-
SAC LYING WITHIN BLOCK 31, TOWN OF GRAND FORKS
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of a cul-de-sac lying within Block 31, Town of Grand Forks, ND, more specifically described as a rectangular parcel of land being the southwesterly 17 feet of the southeasterly 70 feet of said cul-de-sac (located between Kittson and Bruce Avenue and between South 3rd and 4th Streets, which location is in the rear of the proposed State and County building), the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments, and the public hearing was closed.
It was moved by Council Member Beyer and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 14 votes affirmative.
Council Member Beyer introduced the following resolution which was presented and read: Document No. 7527 - Resolution.
It was moved by Council member Beyer and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Carried 14 votes affirmative.
REPORTS OF OFFICERS
The city auditor presented and read the auditor's cash balance report for period ending April 30, 1998. It was moved by Council Member Klave and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 14 votes affirmative.
The city auditor presented and read the auditor's investment report for period ending April 30, 1998. It was moved by Council Member Babinchak and seconded by Council Member Klave that this report be and is hereby received and filed. Carried 14 votes affirmative.
REPORT OF BOARD OF ZONING ADJUSTMENT
A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, April 30, 1998, that notice had been published as required and that the following appeals were heard: 1) Paul and Lori Peterson, 1023 4th Avenue North, request for variance to the second front yard setback requirements to allow five ft. of second front yard setback to construct an addition to the home, with variance approved; 2) Curtis Wilcox, 1923 8th Avenue North, request for variance to the second front yard setback requirements to erect an addition to the house, with variance approved to allow ten feet of second front yard setback to construct an Addition to the home; and 3) Mark Haley, 511 Terrace Drive, request for variance to the side yard setback requirements to erect an addition to the Attached garage, with variance to allow a two feet and ten inch side yard setback to construct an addition to the attached garage.
It was moved by Council Member Beyer and seconded by Council Member Babinchak to receive and file the report. Carried 14 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 98-08, dated May 18, 1998, and totaling $3,175,522.48, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by Council Member Glassheim and seconded by Council Member Hamerlik 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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.
AUTHORIZE INCREASE IN RATES FOR HOUSING INMATES
Committee No. 1, Finance, reported having considered the request from Grand Forks County Correctional Center to increase rates for housing inmates from $25.00 per inmate/per day to $30.00 per inmate/per day, and recommended to approve for sub-mission into our budget process.
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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.
ADOPT RESOLUTION RELATING TO HEALTH CARE
FACILITIES REVENUE BONDS (THE UNITED HOSPITAL
OBLIGATED GROUP), SERIES 1992B, AND SERIES
1996A; CONSENT TO REMOVAL OF REMARKETING
AGENT AND APPOINTMENT
Committee No. 1, Finance, reported having considered the matter of change of Remarketing Agent for Health Care Facilities Revenue Bonds (The United Hospital Obligated Group), Series 1992B and Series 1996A, and recommended to adopt resolution relating to Health Care Facilities Revenue Bonds (The United Hospital Obligated Group), Series 1992B, and Series 1996A, consenting to removal of re-marketing agent and appointment.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Babinchak introduced the following resolution which was presented and read: Document No. 7528 - Resolution.
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this resolution be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried and the resolution adopted.
APPROVE REQUEST FOR UPGRADE OF CITY'S
PAYROLL PROGRAM AND FUNDING FROM GENERAL FUND
CASH CARRYOVER
Committee No. 1, Finance, reported having considered the matter of upgrade of City's payroll program and request for funding, and recommended to approve request for upgrade of City's payroll program in the amount of $25,000 and to approve funding from general fund cash carryover.
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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.
ACCEPT BID FOR ALTERATIONS IN INSPECTION
DEPARTMENT
Committee No. 3, Public Service, reported having considered the matter of quote for alterations in inspection department, and recommended to bid under sole source, and to accept bid of Gaffaney's in the amount of $12,855.35.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.
AUTHORIZE ENGINEERING TO PROCEED TO FORM
SPECIAL ASSESSMENT DISTRICT AND TAKE MATTER
OF TOWNSHIP ROAD TO COMMITTEE FOR CONSIDERATION
OF PAYMENT OF PROJECT COSTS WITH CDBG FUNDING
Committee No. 3, Public Service, reported having considered the matter of dust problems on 47th Avenue South, and recommended that engineering department proceed to form special assessment district and take Township road to Flood Response for consideration of payment of project costs with CDBG funds.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
AUTHORIZE ENTERING INTO ENGINEERING AGREEMENT
FOR PROJECT NO. 4770 AND PROJECT NO. 4769, WATER
TREATMENT PLANT STUDY AND INTAKE PROJECT
Committee No. 3, Public Service, reported having considered the matter of engineering agreement for water treatment plant expansion and improvements - water quality master plan, Project No. 4770 and new intake and transmission lines, preliminary engineering report, Project No. 4769, and recommended to enter into agreement with Advanced Engineering to do the study and to do preliminary design of the intakes with estimated budgetary breakdown as follows: water treatment plant project, $1,000,000 and intake project, $250,000.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.
AUTHORIZE EMERGENCY REPAIR AND REPLACEMENT
OF WATER INTAKE PUMPS
Committee No. 3, Public Service, reported having considered the matter of emergency repair and replacement of water intake pumps, and recommended to authorize approval of the equipment from Water Smith, Inc. to repair Red Lake intake pump #9 in the amount of $3,200 plus parts, and to furnish Red River Intake Pump and Installation in the amount of $27,325.00 plus labor in the amount of $3,200 and freight in the amount of $1,300.00 with performance bond and insurance to be provided by the company, and to approve budget amendment using cash carryover utility funds.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE PLANS AND SPECIFICATIONS, REQUEST
BIDS AND DIRECT URBAN DEVELOPMENT TO
PROCEED WITH ENVIRONMENTAL CLEARANCES
Committee No. 3, Public Service, reported having considered the matter of repair of flood related damage to sidewalks, driveways and berms, and recommended to approve plans and specifications, authorize to request bids and direct Urban Development to proceed with environmental clearances.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
AUTHORIZE REQUESTING HUD FOR EXCEPTION ON
USE OF CDBG FUNDS FOR EQUIPMENT AND MATERIALS
FOR SECONDARY LINE OF DEFENSE
Committee No. 3, Public Service, reported having considered the matter of purchase of materials for flood protection second line of defense, and recommended that we ask HUD for exception on use of CDBG funds for equipment and materials for secondary line of defense for max. of $50,000.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.
AUTHORIZE PROCEEDING WITH REPLACEMENT OF
WATERMAIN ON 4TH STREET AND APPROVE FUNDING
Committee No. 3, Public Service, reported having considered the matter of funding for downtown watermain replacement project, and recommended that we proceed with replacement of the watermain on 4th Street from water plan to University Avenue and to take funding from watermain replacement funds.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE PAYMENT OF RELOCATION COSTS FOR
UTILITY RELOCATION COSTS FOR PROJECT NO.
4669, SOUTHEND DRAINWAY
Committee No. 3, Public Service, reported having considered the matter of utility relocation agreements for Project 4669, Southend Drainway, and recommended that we approve payment of relocation costs not to exceed the amounts of $15,250 to Nodak Electric and $68,113 to U.S.West.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Bakken, Hafner, Hagness - 14; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE SIDEWALK LIST FOR PROJECT NO. 4720,
1998 SIDEWALK REPAIR AND CONSTRUCTION
Committee No. 3, Public Service, reported having considered the matter of sidewalk list for Project 4720, 1998 Sidewalk Repair and Construction, and recommended to approve sidewalk list and to notify property owners.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
AUTHORIZE REQUESTING BIDS FOR CONSTRUCTION
SERVICES FOR PRIORITY REPAIRS TO FLOOD
DAMAGED STREETS AND UNDERGROUND UTILITIES
Committee No. 3, Public Service, reported having considered the matter of authorization to request bids for construction services for priority repairs to flood damaged streets and underground city utilities, and recommended to authorize bidding of the project (using CDBG eligibility requirements).
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
AUTHORIZE REQUEST FOR PROPOSALS FOR ENGINEERING
SERVICES FOR PROJECT NO. 4806, PAVING MILL ROAD
Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services for various projects: Project No. 4806, pave Mill Road from Gateway Drive to Bacon Road, and recommended to approve request for proposals.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
AUTHORIZE REQUEST FOR PROPOSALS FOR ENGINEERING
SERVICES FOR PROJECT NO. 4807, PAVING PORTION OF
SOUTH WASHINGTON STREET
Committee No. 3, Public Service, reported having considered the matter of authorization to request proposals for engineering services for various projects: Project No. 4807, pave South Washington Street from 40th to 47th Avenues South, and recommended to approve request for proposals.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE SELECTION OF CONSULTANT ENGINEERING
FIRM FOR PROJECT NO. 4797, SOUTHEND DEVELOPMENT
Committee No. 3, Public Service, reported having considered the matter of selection of consultant engineering firm for Project No.4797, Southend Development, and recommended to approve selection of Greater Forks Engineering Group and authorize to enter into negotiations.
It was moved by Council Member Lucke and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO.4669.2,
SOUTHEND DRAINWAY PHASE 2A