Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 21, 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, September 21, 1998 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; absent: Council Member Polovitz - 1.
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.
PRESENT LEADERSHIP AWARD FROM NORTH
DAKOTA SOLID WASTE MANAGEMENT ASSOCIATION
Mayor Owens presented an award to Dick Newman, solid waste manager for the City of Grand Forks from Annual Conference of the North Dakota Solid Waste Management Association, that the city of Grand Forks was recognized for its outstanding leadership in solid waste management following the Red River Valley flood of 1997, and read the citation…. "outstanding leadership award presented to the City of Grand Forks in recognition of your outstanding commitment and great leadership in waste management in your community, presented by the North Dakota Solid Waste Management Association in September, 1998.
APPROVE MINUTES JULY 6, 1998
Typewritten copies of the minutes of the city council meeting held on Monday, July 6, 1998, were presented and read. It was moved by Council Member Bakken and seconded by Council Member Bouley that these minutes be approved as read. Carried 13 votes affirmative.
ADOPT ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON REPLAT OF SPECIFIC
LOTS IN BLOCK 27, TOWN OF GRAND FORKS
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 Replat of Lots 1, 3, 5, the south half of 6, and all of 7, 8, 9, 10, 11, 12, 13, 14, 15, and part of 16, Block 27, Town of Grand Forks (D.T.), Grand Forks, North Dakota”, which had been introduced and passed on its first reading on September 8, 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 deputy 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 her 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.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3736 RELATING TO
POSSESSION AND MANUFACTURE OF FALSE
IDENTIFICATION
An ordinance entitled “An ordinance adopting Section 9-0112 of the Grand Forks City Code relating to the possession and manufacture of false identification”, which had been introduced and passed on its first reading on September 8, 1998 was presented and read.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3737 RELATING TO
ADOPTION OF THE UNIFORM BUILDING CODE
An ordinance entitled “An ordinance amending Section 19-0101 of the Grand Forks City Code relating to adoption of the Uniform Building Code” which had been introduced and passed on its first reading on September 8, 1998 was presented and read for consideration on second reading and final passage.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Howard Swanson, city attorney, reported that the city inspections department is recommending that the effective date of the modifications, if passed, to be October 1, 1998.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that the effective date of the ordinance be October 1, 1998. Carried 13 votes affirmative.
Upon call for the question of adoption of this ordinance, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3738 RELATING TO
ADOPTION OF THE UNIFORM MECHANICAL CODE
An ordinance entitled “An ordinance amending Sections 19-0515 and 19-0517 of the Grand Forks City Code relating to the adoption of the Uniform Mechanical Code”, which had been introduced and passed on its first reading on September 8, 1998, was presented and read for consideration on second reading and final passage.
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 Babinchak and seconded by Council Member Hafner that the effective date of the ordinance be October 1, 1998. Carried 13 votes affirmative.
Upon call for the question of adoption of this ordinance, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3739 RELATING TO
ADOPTION OF NATIONAL ELECTRICAL CODE
An ordinance entitled “An ordinance amending Section 19-0208 of the Grand Forks City Code relating to adoption of the National Electrical Code”, which had been introduced and passed on its first reading on September 8, 1998, was presented and read for consideration on second reading and final passage.
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 Babinchak and seconded by Council Member Hafner that the effective date of the ordinance be October 1, 1998. Carried 13 votes affirmative.
Upon call for the question of adoption of this ordinance, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3740 RELATING TO
ADOPTION OF THE UNIFORM HOUSING CODE
An ordinance entitled “An ordinance repealing Article IV of Chapter 19 of the Grand Forks City Code relating to the Uniform Housing Code”, which had been introduced and passed on its first reading on September 8, 1998, was presented and read for consideration on second reading and final passage.
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 Martinson and seconded by Council Member Glassheim that the effective date of the ordinance be October 1, 1998. Carried 13 votes affirmative.
Upon call for the question of adoption of this ordinance, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3741 RELATING TO
EXCAVATION PERMIT FEES
An ordinance entitled “An ordinance amending Section 16-0409 of the Grand Forks City Code relating to excavation permit fees”, which had been introduced and passed on its first reading on September 8, 1998, was presented and read for consideration on second reading and final passage.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter.
Steve Bruggeman, Manvel, ND asked that until have track record of how much this is going to cost would like to see City taking a second look at the increase to $40.00, would be added expenses to them.. Bev Collings stated they tried to have these fees cover some of the one-call system; and that they were looking to January 1, 1999 effective date.
Mayor Owens closed the public hearing.
It was moved by Council Member Babinchak and seconded by Council Member Glassheim that the effective date of the ordinance be January 1, 1999. Carried 13 votes affirmative.
Upon call for the question of adoption of this ordinance, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3742 RELATING TO
ADOPTION OF THE STATE PLUMBING CODE
An ordinance entitled “An ordinance amending Section 19-0325 of the Grand Forks City Code relating to adoption of the State Plumbing Code”, which had been introduced and passed on its first reading on September 8, 1998, was presented and read for consideration on second reading and final passage.
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 Babinchak and seconded by Council Member Hafner that the
effective date of the ordinance be October 1, 1998. Carried 13 votes affirmative.
Upon call for the question of adoption of this ordinance, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3743 RELATING TO
ADOPTION OF THE NORTH DAKOTA STATE SEWER
AND WATER CODE
An ordinance entitled “An ordinance amending Section 19-0326 of the Grand Forks City Code relating to adoption of the North Dakota State Sewer and Water Code”, which had been introduced and passed on its first reading on September 8, 1998, was presented and read for consideration on second reading and final passage.
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 Babinchak and seconded by Council Member Hafner that the effective date of the ordinance be October 1, 1998. Carried 13 votes affirmative.
Upon call for the question of adoption of this ordinance, as amended, and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
CONTINUE PUBLIC HEARING AND ADOPTION OF
1999 BUDGET
The deputy city auditor reported that a notice calling the attention of the general public to the fact that the final budget of the City of Grand Forks, North Dakota, for the year ending December 31, 1999 would be presented to the city council on Monday, September 21, 1998 at 7:30 o’clock p.m. at which time anyone interested might be heard, had been published as required; and presented the final budget of the City of Grand Forks for the period ending December 31, 1999.
Mayor Owens opened the public hearing asked for comments from the audience and from the council.
It was moved by Council Member Babinchak and seconded by Council Member Hafner to continue the public hearing to Monday, September 28, 1998 at 7:30 p.m. Carried 13 votes affirmative.
ADOPT RESOLUTION VACATING PORTION OF
BARRIER AND ACCESS CONTROL LINE ON
REPLAT OF BLOCK 1, GRANSBERG 2ND RESUBDIVISION
The deputy city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the southerly 30 feet of the northerly 55 feet of a barrier and access control line as platted and identified on a Replat of Block 1 of Gransberg 2nd Resubdivision, 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 none.
It was moved by Council Member Bakken and seconded by Council Member Babinchak that we do hereby find and determine an insufficiency of protest to the proposed vacation. Carried 13 votes affirmative.
Council Member Bakken introduced the following resolution which was presented and read: Document No. 7640.7 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Babinchak that this resolution be and is hereby adopted. Carried 13 votes affirmative.
APPROVE APPLICTAION FOR MOVING PERMIT TO
MOVE GARGE TO 1008 UNIVERSITY AVENUE
FOLLOWING PUBLIC HEARING
The deputy city auditor reported that the notice of public hearing on the application for moving permit to move garage from 1702 Riverside Drive to 1008 University Avenue had been published and posted as required.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Committee No. 3, Public Service, reported having considered the application for moving permit to move garage from 1702 Riverside Drive to 1008 University Avenue, and recommended to approve application subject to the public hearing.
It was moved by Council Member Klave and seconded by Council Member Babinchak that this recommendation be and is hereby approved, and further that the application to move the garage is approved. Carried 13 votes affirmative.
ACCEPT PETITION TO VACATE PORTION OF
UTILITY EASEMENT ADJACENT TO LOTS 3, 4 AND
5, BLOCK 1, KORYNTA-LEMM 3RD RESUBDIVISION
The matter of the petition for vacation of the utility easement adjacent to Lots 3, 4 and 5, Block 1, Kortynta-Lemm 3rd Resubdivision (located at 5118 and 5110 Gateway Drive) had been presented to the planning and zoning office and presented for setting of a public hearing.
It was moved by Council Member Martinson and seconded by Council Member Klave to accept the petition which is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required and the public hearing be set for Monday, November 2, 1998. Carried 13 votes affirmative.
APPROVE INSPECTORS OF ELECTION FOR GENERAL
ELECTION ON NOVEMBER 3, 1998
The deputy city auditor presented the listing of inspectors and polling sites for the general election to be held on November 3, 1998. It was moved by Council Member Hamerlik and seconded by Council Member Bouley that the listing of inspectors for the general election be approved as submitted. Carried 13 votes affirmative.
REPORTS OF OFFICERS
The deputy city auditor presented the investment report for period ending August 31, 1998. It was moved by Council Member Hamerlik and seconded by Council Member Bakken that this report be and is hereby received and filed. Carried 13 votes affirmative.
The deputy city auditor presented the statement of changes in cash balance for the period ending August 31, 1998. It was moved by Council Member Klave and seconded by Council Member Bakken to receive and file the report. Carried 13 votes affirmative.
BOARD OF ADJUSTMENT REPORT
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, August 27, 1998, that notice had been published as required and that the following appeals were heard: Nordean and Deanna Jelsing, 1115 South 20th Street, request for variance to the sill height requirement on egress windows was denied but Board allowed a sill height of 57” or the installation of steps to accomplish an acceptable sill height, but a sill height at or below the height required in the code year it was built in is acceptable.
It was moved by Council Member Hamerlik and seconded by Council Member Bakken that this report be and is hereby received and filed. Carried 13 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 98-16, dated September 21, 1998 and totaling $8,116,767.84, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by Council Member Bakken and seconded by Council member Babinchak that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.
APPROVE TRANSFER OF DOWNTON PROPERTIES
TO JOBS DEVELOPMENT AUTHORITY
Committee No. 1, Finance, reported having considered the matter of authorization to transfer downtown properties to Jobs Development Authority (JDA), and recommended to approve and authorize transfer of downtown City property to JDA: Document No. 7640.8 - Listing.
It was moved by Council Member Brooks and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE VARIANCES TO NOISE ORDINANCE
Committee No. 2, Public Safety, reported having considered the request from Beta Theta Pi fraternity for variance to noise ordinance on October 3, 1998 (fund raiser for SADD as part of Alcohol Awareness Week), and recommended to approve request until 12:00 midnight.
It was moved by Council Member Bouley and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Committee No. 2, Public Safety, reported having considered the request from Red River High School to hold bonfire on October 1, 1998 from 8:30 to 10:30 p.m. and request for noise variance to play music during the school function (Homecoming Week), and recommended to approve request pending fire and police approval and approval as to location.
It was moved by Council Member Bouley and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE BUDGET AMENDMENT
A request for amendment of the Health Department budget in the amount of $1,651.00 to reflect unanticipated CSCC revenue to cover projected shortages in 1998, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Bakken that this budget amendment be and is hereby approved. Carried 13 votes affirmative.
APPROVE JOINT POWERS AGREEMENT WITH COUNTY
OF GRAND FORKS AND GRAND FORKS COUNTY
CORRECTIONAL CENTER FOR ELECTRONIC BOOKING
OF PRISONERS
Committee No. 2, Public Safety, reported having considered the matter of automatic fingerprinting system grant and Memo of Understanding, and recommended to approve, and authorize entering into joint powers agreement with County of Grand Forks concerning purchasing and maintaining equipment for the electronic booking of prisoners, with City to furnish matching grant in the amount of $15,400.00 form an equipment grant.
It was moved by Council Member Bouley and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE REQUEST BY HABITAT OF HUMANITIES
TO CONSTRUCT HOUSE ON UND CAMPUS
Committee No. 3, Public Service, reported having considered the request by Habitat for Humanities to build house on UND Campus (Cambridge and University), and recommended to grant a one-time conditional use approval for Habitat for Humanities to construct the house.
It was moved by Council member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE REQUEST BY RED RIVER HIGH SCHOOL
FOR WAIVER OF BUILDING PERMIT FEE FOR CLASS
PROJECT
Committee No. 3, Public Service, reported having considered the matter of request by Red River High School for waiver of building permit fee (class project), and recommended to approve request to waive fees for the two houses.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE ALLEYWAY AND UTILITY EASEMENT
FOR PROJECT NO. 4800
Committee No. 3, Public Service, reported having considered the matter of alleyway and utility easement for alley paving project No. 4800, on west side of West Elementary School, for and in consideration of the sum of $1.00, grantor, Grand Forks Public School District No. 1, and recommended to approve easement at cost of $1.00.
It was moved by Council Member Klave and seconded by Council Member Lucke, that this recommendation be and is hereby approved. Carried 13 votes affirmative.
AUTHORIZE ENGINEERING DEPARTMENT TO
PREPARE PLANS AND SPECIFICATIONS FOR
TRAFFIC SIGNAL DETECTOR LOOPS CITYWIDE
Committee No. 3, Public Service, reported having considered the matter of request for quote to repair traffic signal detector loops citywide, and recommended to authorize engineering department to prepare plans and specifications for the project.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE ENCROACHMENT AGREEMENT WITH
GRAND FORKS HERALD FOR BERM AREA
Committee No. 3, Public Service, reported having considered the matter of encroachment agreement with the Grand Forks Herald for berm area in front of building, and recommended to authorize entering into encroachment agreement with the Grand Forks Herald for area in front of their building.
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 Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE EXTENSION OF RR SPUR FROM STATE
MILL TO RESIDUAL PROPERTIES (ON 27TH AVE. NORTH)
Committee No. 3, Public Service, reported having considered the matter of railroad crossing on 27th Avenue North (extension of RR spur from State Mill to Residual Properties), and recommended to approve request, contingent upon plan review by the city engineering department, and approval be subject to review by the city attorney and to include encroachment agreement with hold harmless and maintenance agreement as determined by legal counsel.
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 Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
AUTHORIZE ENTERING INTO AGREEMENT WITH
NORTH DAKOTA DEPARTMENT OF TRANSPORTATION
FOR FLAPGATES ON SOUTH WASHINGTON STREET
Committee No. 3, Public Service, reported having considered the matter of hold harmless agreement for flapgates on South Washington Street, and recommended to authorize entering into the agreement with the North Dakota Department of Transportation.
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 Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
RECEIVE AND FILE PRELIMINARY REPORT ON
PROJECT NO. 4530, WATER DISTRIBUTION SYSTEM
MODELING
Committee No. 3, Public Service, reported having considered the matter of preliminary report on Project No. 4530, water distribution system modeling, and recommended to receive and file report, and to refer to public works for further study and implementation of proposals.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE SELECTION OF CONSULTANT FOR
ENGINEERING SERVICES FOR PROJECT NO. 4772,
RED RIVER DAM EROSION CONTROL AND BOAT RAMP
Committee No. 3, Public Service, reported having considered the matter of consultant selection for proposals for engineering services for Project No. 4772, Red River Dam erosion control and boat ramp, and recommended to approve selection of the consultant, SEH/CPS, and to negotiate contract for the proposal.
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 Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE SELECTION OF CONSULTANT FOR
PROJECT NO. 4824, OVERLAYING LOCAL STREETS
CITY-WIDE
Committee No. 3, Public Service, reported having considered the matter of consultant selection for proposals for engineering services for Project 4824, overlaying local streets city-wide, and recommended to approve selection of the consultant, Widseth Smith Nolting, and to negotiate contract for the project.
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 Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
AUTHORIZE ENTERING INTO AGREEMENT FOR
ENGINEERING SERVICES FOR PROJECT 4841, TO
REPLACE OUTDOOR SIREN SYSTEM
Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services, design engineering, for Project 4841, replace outdoor siren system, and recommended to authorize entering into the agreement in an amount not to exceed $27,700.00, project CDBG eligible.
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 Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT NO. 2 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4719
Committee No. 2, Public Service, reported having considered the matter of amendment to engineering services agreement for Project No. 4719, restore sanitary sewer on Area 2 (Amendment No. 2 in the amount of $50,000 to increase total project to $300,000, Webster, Foster & Weston, consulting engineer), and recommended to approve Amendment No. 2 to the contract to increase contract to $300,000 and to allocate 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 Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NOS. 4701 AND 4869, UTILITIES IN COLUMBIA PARK
25TH ADDITION
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4701 and Project No. 4869, storm sewer and watermain in Columbia park 25th Addition, and recommended to approve plans and specifications.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4856, STORM SEWER ON PORTION OF CHERRY STREET
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4856, storm sewer on Cherry Street from 55th Avenue South to the Southend Drainway, and recommended to approve plans and specifications to proceed into construction phase of the project, project CDBG eligible.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommenda- tion be and is hereby approved. Carried 13 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS FOR PAVING
PROJECT NO. 4874
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4874, paving South 3rd Street from Kittson to DeMers Avenue, and recommended to approve plans and specifications for the project, that funding source be identified prior to vote.
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 Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4371, WASTEWATER TREATMENT PLANT BID
PACKAGE 3 (REACTOR BASIN AND DISTRIBUTION
STRUCTURE)
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4371, Wastewater Treatment Plant Bid Package #3, reactor basis and distribution structure, and recommended to approve plans and specifications, and authorize call for bids.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ACCEPT BIDS FOR PROJECT NO. 4684, SANITARY
LIFT STATION NO. 33
Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4684, Sanitary Lift Station No. 33, and recommended to accept the award of contracts as follows: Construction Engineers for general contract in the amount of $488,653, McFarlane Sheet Metal for mechanical contract in the amount of $16,456.00, Bergstrom Electric for electrical contract in the amount of $137,961.00, and D & D Torgerson Contracting, Inc. for Schedule C forcemain in the amount of $103,452.52.
It was moved by Council Member Klave and seconded by Council Member Lucke 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 Beyer and seconded by Council Member Brooks that Council Member Babinchak be excused from voting on this item. Carried 12 votes affirmative.
Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting “nay”: none; Council Member Babinchak, abstaining. Mayor Owens declared the motion carried.
RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST, AND AWARD CONTRACT, SEWER
PROJECT NO. 4669.3, DISTRICT NO. 386.3, SOUTHSIDE DRAINWAY PHASE 2B
The deputy city auditor presented and read tabulation of bids which had been received and opened on September 14, 1998 for Sewer Project No. 4669.3, District No. 386.3, Southside Drainway Phase 2B, indicating that R.J.Zavoral & Sons was the low bidder based upon their bid in the amount of $1,407,406.05: Document No. 7640.9 - Bid Tabulation.
The city engineer’s estimate of total cost on Sewer Project No. 4669.3, District No. 386.3 in the amount of $1,689,000.00 (which does not include contract construction engineering or land costs), was presented and read.
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4669.3, District No.386.3, Southend Drainway Phase 2B, and recommended to return the bid of Park Construction Company, Minneapolis, MN unopened as it did not meet bidding requirements (did not acknowledge two Addenda either on the bid envelope or in separate bid bond envelope on the outside of the bid).
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4669.3, District No. 386.3, Southend Drainway Phase 2B, and recommended to accept the low bid of Zavoral & Sons in the amount of $1,407,406.05.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7640.10 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution awarding the contract for Sewer Project No. 4669.3, District No. 386.3, to R. J. Zavoral & Sons be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.
APPROVE CHANGE ORDER FOR PROJECT NO. 4756
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4756, paving Belmont Road, C.O. No. 2, Strata Corporation, $5,504.29, and recommended to approve the change order, which is CDBG eligible.
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 Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT NO. 4654.466
Committee No. 3, Public Service, reported having considered the matter of change order for Project No.
4654.466, priority sewer repairs, C.O. No. 2, Robert Gibb & Sons, contractor, $119,100.00.
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 Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT NO. 4671
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4671, Rehab Lift Station 21, C.O. No. 1, Smith Construction Co., Inc., contractor, and recommended to approve the change order extending the completion date to November 15, 1998.
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 Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT NO. 4439
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4439, Lift Station 38, C.O. No. 4, Wanzek Construction, Inc., and recommended to approve the change order in the amount of $4,758.00 and approve 45-day extension of completion date to October 15, 1998.
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 Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT NO. 4439
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4439, Lift Station 38, C.O. No. 3, United Crane & Excavation, Inc., and recommended to approve change order in the amount of $0.80.
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 Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT NO. 4687
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4687, clean sewer, C.O. No. 6, Viking Pipe Services Co., Inc., and recommended to approve the time extension on sewer restoration to June 1, 1999.
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 Brooks, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER FOR PROJECT NO. 4371