Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 1, 1999
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, February 1, 1999 at the hour of 7;30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; absent: Council Member Glassheim - 1.
FLOOD REPORT
Mayor Owens reported that included in the President’s budget was a request and an allocation that the City will have to lobby for, $10 million for the new start of the Grand Forks/East Grand Forks flood control project, and that Congressional delegation contacted us this afternoon to inform us of this money that was allocated, that she is pleased that the project is included in the President’s budget and thanked Congressional delegation for their work to make that possible and this is a positive step in the federal appropriations process. She stated that the City still has a lot of work to do to assure that we receive federal funding but will work with Congressman Pomeroy and Senators Conrad and Dorgan to make every effort that we receive the appropriations. She stated that Congress authorized the Grand Forks/East Grand Forks flood control project in October, 1998 as part of the Omnibus Appropriations Bill, Congress must now provide annual funding for the construction of the project.
Ken Vein, city engineer, gave a brief overview of the written documentation that had been distributed to each of the council members on the Grand Forks Flood Protection City Council Update. He stated that under the technical work of the Corps of Engineers there were five items that he would highlight at this time; that the Corps has finished installing a test drain section in Riverside Park and this will be used by Shannon and Wilson as they go through some of the evaluations of the drainage alternatives that will be a part of their report and which won’t be released until probably sometime in late summer.
He reported that under the City consultant update: that many of the council members were here when Dr. Greg Fischer was here to give his overview of their status with the study they are doing, and will be looking for something back on the non-drainage alternatives that are being studied in March or April. He also reported that Shannon & Wilson is going to be assisting Advanced Engineering and Malcolm Pirnie on the work that they are doing on the raw water intake, and with their vast experience that they’ve gained now with the soils adjacent to the river they are going to be a very viable help with that process.
Mr. Vein reported that under project financing, esp. federal appropriations process, the Mayor discussed a little about President Clinton’s budget and the $10 million line item that is included for the Grand Forks/East Grand Forks project. He stated Mayor Owens will give an update on the State appropriations process.
Mayor Owens reported that she, Ken Vein and John Schmisek presented testimony on behalf of the City for Senate Bill 2165 at the State Senate Appropriations Committee meeting in Bismarck on January 20, that several council members including Council Members Carpenter, Lucke and Polovitz also attended. She stated written testimony from several local community leaders and residents were submitted for consideration. She stated that all 12 of our Grand Forks legislators attended to show their support of the project with Senator Holmberg making a statement in support of our project. She stated that the matter was sent to a sub-committee made up of three members of the Appropriations Committee, Sen. Dave Nething is chair of that committee, and they will consider it along with the other water projects in the State. She stated that the Appropriations Committee must act on the bill before February 16 when all bills must be out of their committee of origin and February 19 is the date of cross-over at the Legislature so the full Senate must act on that bill by that time. She stated that Mr. Vein also traveled to Bismarck for Business Days at the Legislature with several business people from the community and he will be going tomorrow for Water Day and will make himself available for legislators who have technical questions about the project each time he is in Bismarck . She reported that Celebrate Cities Day is February 12 at the Legislature and the City of Grand Forks will have representatives there, including herself, Mr. Vein and possibly Mr. Schmisek, Rick Duquette and asked that if any of the council members who wished to attend to let her know and that this is very important for interchange and interaction between the other cities and the legislators across the state. She reported they will be meeting with several business community leaders from the Grand Forks Chamber and other to generate support for the project across the state. She stated that the Chamber has indicated that the dike project is one of its priorities for the 1999 legislative session and want the business community and other people within the city of Grand Forks to come on board and if can will meet with other private citizens to have them express concerns to the legislators and others who are dealing with this bill.
Mr. Vein reported that under local funding the Special Assessment Commission has met to preliminarily start looking at a formula for special assessing, and will be fairly longer process and soliciting public input. He stated that under acquisition Phase IV the deadline for signing up was December 31 so no new offers are being expected and they are following through with the processing of those and we will be proceeding with the selection of the relocation services firm. He stated that the Greenway Alliance will be meeting this month to begin discussions of the long-term management structure for the Greenway. He concluded his presentation but that he and staff would be available if anyone had any questions.
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.
APPROVE MINUTES JANUARY 4, 1999
Typewritten copies of the minutes of the regular meeting of the city council held on Monday, January 4, 1999 were presented and read. It was moved by Council Member Hafner and seconded by Council Member Babinchak that these minutes be approved as read. Carried 13 votes affirmative.
ADOPT ORDINANCE NO. 3769, TO ANNEX
PORTION OF SOUTHERN ESTATES FIRST
ADDITION TO THE CITY OF GRAND FORKS
An ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota, all of Lots 2 and 6, Block 2; all of Lots 1, 2 and 3, Block 3 and all of Lot 1, Block 4, Southern Estates First Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on January 19, 1999 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 exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published 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.
Upon call for the question of adoption of this ordinance and upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
REFER CONSENT AGENDA ITEMS TO COMMITTEE
It was moved by Council Member Hafner and seconded by Council Member Martinson that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 13 votes affirmative.
Public Safety Committee:
1) request bids to purchase ULV sprayer for mosquito control.
Urban Development Committee:
1) matter of Historical Relocation Plan.
2) matter of surplus lots
3) matter of 1999 supplemental CDBG Program
4) matter of Bid Pkg. #46 for residential environment abatement
5) matter of GFH Rehab Program
6) matter of request for payment from Maxfield Research
7) matter of City to acquire property at 323 North3rd Street
8) matter of RFP for relocation of historical house
9) matter of 1999 Beautification Program
10) matter of award of contracts of storefronts at 8 and 12 South 3rd Street
REPORTS OF OFFICERS
The city auditor’s statement of investment activity for the period ending January 31, 1999, was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Beyer that this report be and is hereby received and filed. Carried 13 votes affirmative.
REPORT OF BOARD OF ADJUSTMENTS
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, January 21, 1999, that notice had been published as required and that the following appeals were heard: 1) ND State Board of Higher Education, 501 North Columbia Road, request for variance to impervious surface area requirement to construct an addition, with variance approved to allow 74% impervious surface area coverage to construct an addition; 2) Molstad Excavating, Dennis and Gary Molstad, 4403 16th Avenue North, request for variance to the paving and curbing requirements to delay paving and curbing to construct new storage building, with request approved to delay the required parking lot paving and curbing until the street is paved .
It was moved by Council Member Carpenter and seconded by Council Member Hamerlik to receive and file the report. Carried 13 votes affirmative.
APPROVE BILLS
Vendor Payment No. 99-01, dated February 1, 1999, and totaling $3,918,177.38, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by Council Member Babinchak and seconded by Council Member Bakken 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, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.
CONSIDER AMENDMENT TO GUIDELINES FOR
TAX EXEMPTION OF IMPROVEMENTS TO COMMERCIAL
AND RESIDENTIAL BUILDINGS; AND DENY THREE-
YEAR TAX EXEMPTION OF IMPROVEMENTS BY GARY L.
OLSON, 806 NORTH 25TH STREET
Committee No. 1, Finance, reported having considered the matter of application for three-year tax exemption of improvements to residential property by Gary L. Olson, 806 North 25th Street, and the matter of amendment to guidelines for tax exemption of improvements to commercial and residential buildings (to include in subsections 5 of Sections IA and IIB for applications received prior to February 1, 2001 for flood damaged property, the definition of “market value of existing buildings” shall be the pre-flood 1997 value; and recommended to deny the request of Mr. Olson; and 2) approval to amend the policy to move the date to February 1, 2001.
It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ADOPT RESOLUTION AUTHORIZING THE SALE AND
AND ISSUANCE OF INDUSTRIAL DEVELOMENT REVENUE
BONDS ON BEHALF OF GRAND FORKS REGION
ECONOMIC DEVELOPMENT CORPORATION FOR LM
GLASSFIBER NORTH DAKOTA, INC. PROJECT
Committee No. 1, Finance, reported having considered the matter of final resolution authorizing issuance of MIDA bonds for Economic Development Corporation, and recommended approval to introduce and pass the resolution authorizing issuance of MIDA bonds for the Economic Development Corporation.
It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Carpenter introduced the following resolution and moved its adoption: Document No. 7659 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon, the following voted in favor thereof: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.
APPROVE PURCHASE OF VEHICLES FOR POLICE
DEPARTMENT
Committee No. 2, Public Safety, reported having considered the matter of proposed purchase of two four-door intermediate sedans (special purpose vehicles) for police department, and recommended to approve purchase of two Plymouth Breezes from Corwin Churchill, under State bid, for Grand forks Police Department in the amount of $12,121.00 each or $24,242.00.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE BUDGET AMENDMENTS
Requests for budget amendments for the Police Department in the amount of $516,388.00 to reflect grant for Cops More; a deduction in grant for Narcotics Enforcement of $28,500.00; an amendment to reflect $400.00 for GREAT Program; an amendment to reflect grant increase of $151,246.00 for Police Grant #3; an amendment to reflect grant increase of $8,800.00 for Cops and Shops grant; an amendment to reflect grant increase of $16,375.00 for Stop Violence grant; an increase to reflect increase of $8,000.00 for Narcotics Enforcement Grant; an amendment of $10,696.00 for Canine Program; an amendment of $24,660.00 for Operational Effectiveness Grant D98-208; were presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that these budget amendments be approved. Carried 13 votes affirmative.
Requests for budget amendments for the Health Department in the amount of $1,858.00 to reflect unanticipated CSCC Revenue to cover county office move and related furniture and hepatitis B shops; and an amendment for the Health Tracks Program (formerly EPSDT) in the amount of $34,277.00 to reflect anticipated expansion of program; were presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that these budget amendments be approved. Carried 13 votes affirmative.
APPROVE PURCHASE OF R/W FOR FUTURE 42ND
AVENUE SOUTH WEST OF WASHINGTON STREET
Committee No. 3, Public Service, reported having considered the matter of right of way purchase for future 42nd Avenue South west of Washington Street, and recommended to approve purchase of right of way from Vincent Brey, 20’ x 140’ strip along the northerly boundary of Lot 5, Curran’s 1st Subdivision, in the amount of $10,000.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE RECONSTRUCTION/REHABILITATION
OPTION FOR MILL ROAD
Committee No. 3, Public Service, reported having considered the matter of reconstruction/ rehabilitation options for Mill Road, and recommended to approve Alternate 1, rehab of Mill Road between Gateway Drive and Bacon Road, mill and overlay of concrete, and from Bacon Road to North Washington Street, removal of asphalt and replacement of same depth asphalt, using Emergency Relief funds and CDBG funds.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
RECEIVE AND FILE REPORT FOR DOWNTOWN
WATERMAIN REPLACEMENT PROJECT
Committee No. 3, Public Service, reported having considered the matter of report for downtown watermain replacement project, and recommended to receive and file the report.
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 AMENDMENT NO. 3 TO AGREEMENT
FOR ENGINEERING SERVICES (DESIGN), PROJECT
NO. 4969, PHASE II, DOWNTOWN WATERMAIN
REPLACEMENT
Committee No. 3, Public Service, reported having considered the matter of Amendment No. 3 (design), A/E, Project No. 4969, Phase II Downtown Watermain Replacement, and recommended to approve Amendment No. 3 to the engineering agreement in an amount not to exceed $129,944.00.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE ENGINEER’S REPORT FOR PROJECT
NO. 4824, OVERLAYING LOCAL STREETS CITY-WIDE
Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4824, overlaying local streets city-wide, and recommended to approve the Engineer’s Report.
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 ENGINEER’S REPORT FOR PROJECT NO.
4875, STORM SEWER
Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4875, storm sewer on Columbia from 40th to 51st Avenues South, and recommended to approve the Engineer’s Report.
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 ENGINEER’S REPORT FOR PROJECT NO.
4924, STORM SEWER
Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4924, storm sewer on Columbia from 36th to 40th Avenues South, and recommended to approve the Engineer’s Report.
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 ENGINEER’S REPORT FOR PROJECT NO.
4928, BOX CULVERT ON SOUTHEND DRAINWAY
Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4928, box culvert on Southend Drainway at South 18th Street, and recommended to approve the Engineer’s Report.
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 CDBG ENGINEER’S REPORT FOR PROJECT
NO. 4894, SANITARY SEWER
Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4894, sanitary sewer on 20th Street from 36th to 40th Avenue South, and recommended to approve the Engineer’s Report.
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 CDBG ENGINEER’S REPORT FOR PROJECT
NO. 4929, WATERMAIN
Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4929, watermain on 20th Street from 36th to 40th Avenues South, and recommended to approve the Engineer’s Report.
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. 4851, SANITARY FORCEMAIN AT
PUMP STATION #39
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4851, sanitary forcemain at Pump Station #39 (CDBG), and recommended to approve plans and specifications and authorize call for bids for February 19, 1999.
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 CHANGE ORDER FOR PROJECT NO.4746,
PAVING SOUTH COLUMBIA ROAD, C.O. #4
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4746, paving South Columbia Road, Change Order #4, and recommended to approve change order in the amount of $3,768.00.
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, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE REQUEST FROM WIRELESS NORTH TO
ADD COMMUNICATIONS DISH TO WATER TOWER
TO REPLACE ANTENNAS
Committee No. 3, Public Service, reported having considered the matter of communications dish on South 38th Street water tower, and recommended to approve request from Wireless North to add a communications dish to the water tower to replace two antennas.
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 ENTERING INTO AGREEMENT WITH
BN/SF TO REPLACE RR CROSSING AT 55TH STREET
NORTH OF DeMERS
Committee No. 3, Public Service, reported having considered the matter of agreement with Burlington Northern/Santa Fe to replace the railroad crossing at 55th Street north of DeMers, and recommended to authorize entering into agreement with Burlington Northern/Santa Fe relative to replacement of the RR crossing, and further understand that Burlington Northern does not order materials for the crossing until the protest period has expired.
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, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE FINAL CONCEPT REPORT, PROJECT NO.
4807, PAVING SOUTH WASHINGTON STREET
Committee No. 3, Public Service, reported having considered the matter of project concept report, Project No. 4807, paving South Washington Street from 40th Avenue South to 47th Avenue South, and recommended to approve the final Concept Report, and to pursue signal crossing at 47th and Washington Street, and street lighting be included as a cost participating item in 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, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
REFER MATTER OF NOTICE RE. NON-PROTESTABLE
PROJECTS BACK TO COMMITTEE
Committee No. 3, Public Service, reported having considered the matter of notice regarding non-protestable projects, and recommended that we establish policy of informing all parties on protestable and non-protestable projects, including tapping areas, effective February 2, 1999.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved.
Howard Swanson, city attorney, reported his office had started drafting this matter in advance of the action of the Public Service Committee and that there are some issues that he would like to have the committee specifically give guidance on and that there are some alternatives that the committee should consider, and asked that the committee take the matter back and to fully review the drafted policy.
Council Members Hafner and Klave asked that the matter go back to committee for further consideration.
APPROVE CITIZEN REQUEST FOR PHASE III
HOUSING REHAB PROGRAM
Committee No. 4, Urban Development, reported having considered the matter of citizen request for Phase III Housing Rehab Program, and recommended approval to allow David Harris to apply for Phase III at the original funding level.
It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE EXTENSION OF VOUCHER DEADLINE
Committee No. 4, Urban Development, reported having considered the request for extension to voucher deadline by Rick Kieffer, and recommended approval that we extend the voucher deadline to April 30, 1999, but we must have a purchase agreement by February 28, 1999.
Committee No. 4, Urban Development, reported having considered the request for extension to voucher
deadline by Ken and Lucille Peterson, and recommended approval to extend the voucher to April 30, 1999 provided they have a purchase agreement of some kind by February 28, 1999.
Committee No. 4, Urban Development, reported having considered the request for extension to voucher deadline by Vivian Johnson, and recommended approval to extend the voucher deadline to April 30, 1999 to allow them time to close on their new townhome.
It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved.
Upon call for the questions, the motions carried 13 votes affirmative.
APPROVE CHANGE ORDERS FOR VARIOUS PROJECTS
Committee No. 4, Urban Development, reported having considered the change order for Bid Pkg. #11, residential demolition, and recommended to approve a change order to Landwehr Construction in the amount of $22,700 to provide foundation demolition for relocated homes: 3416, 3129 and 3125 East Elmwood Drive, 100 49th Avenue South, 1028 Lincoln Drive, 1602 Lewis Blvd., and 1023 Lanark Avenue.
Committee No. 4, Urban Development, reported having considered the change order for 401-402 DeMers Avenue, and recommended approval of a change order to Construction Engineers in the amount of $39,177 to provide additional work on the connection to the existing parking ramp.
Committee No. 4, Urban Development, reported having considered the change order for 401-402 DeMers, and recommended to approve a change order to T.F. Powers Construction for various projects at 401-402 DeMers in the amount of $89,645.
Committee No. 4, Urban Development, reported having considered the matter of change order for 401-402 DeMers Avenue, and recommended to approve a change order in the amount of $980 to T. F. Powers Construction for 401-402 DeMers for installation, maintenance and removal of temporary building enclosures and other projects.
Committee No. 4, Urban Development, reported having considered the matter of change order for 402 DeMers Avenue, and recommended to approve a change order in the amount of $11,750 to Heymann’s Construction for various parking ramp connection projects.
Committee No. 4, Urban Development, reported having considered the matter of deductive change order for the Corporate Center parking ramp, and recommended approval of a deductive change order in the amount of $2,012 to Construction Engineers for various projects on the Corporate Center parking ramp.
Committee No. 4, Urban Development, reported having considered the matter of change order for 402 DeMers Avenue, and recommended approval of a change order in the amount of $512 to Lunseth Plumbing & Heating for various projects on the skyway connection.
Committee No. 4, Urban Development, reported having considered the matter of parking ramp change order, and recommended approval of a change order in the amount of $5,260 to Artstone for ND sales tax.
Committee No. 4, Urban Development, reported having considered change order for the parking ramp, and recommended approval of a deductive change order in the amount of $1,000 to Associated Plumbing and Heating to delete pipe insulation on the exterior drain piping.
Committee No. 4, Urban Development, reported having considered the change order on 401-402 DeMers Avenue, and recommended approval of a change order in the amount of $23,987 to Hanson Electric for the parking ramp connection and tenant build-out needs.
It was moved by Council Member Polovitz and seconded by Council Member Beyer that these recommendation be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
DECLARE PROPERTY AT 406 18TH AVENUE SOUTH
AS SURPLUS AND INCLUDE IN PRIVATE REHAB.
PROGRAM
Committee No. 4, Urban Development, reported having considered the matter of surplus property, and recommended approval to declare 406 18th Avenue South as surplus property and include it in the private rehabilitation program.
It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved.
Council Member Lunak asked if all surplus properties were handled in this manner. Mr. O’Leary reported that not all properties are sold to private individuals and rehabbed as some are historical properties, which are negotiated with the State Historical Society and Historic Preservation Commission on a revised Memorandum of Understanding to rehab, there will be approx. 20 to 25 properties that fall under that category; some demolitions under a previously passed policy by the city council; there will be about 10 that will be provided to Grand Forks Homes who will rehab the properties and sold to low and moderate income people in order to comply with our low and moderate income program requirements under the CDBG program; and those are general categories for the disposition of these properties, and in addition to that some will be demolished if not rehabbable.
Upon call for the question and upon voice vote, the motion carried 13 votes affirmative.
APPROVE COMMERCIAL REHAB GRANTS
Committee No. 4, Urban Development, reported having considered the matter of commercial rehab grants, and recommended approval of the following commercial rehab grants: $9,964 to Firehall Rentals for interior work at 215 South 4th Street; $4,602 to GLS Ltd. partnership #3 for interior work at 23 North 3rd Street; $25,050 ($15,050/interior and $10,000/exterior) to Phoenix Properties, 201 North 3rd Street; $21,821 ($1,821/interior and $20,000/exterior) to St. John’s Block Ltd. Partnership for 2 North 3rd Street; $24,201 ($14,201/interior and $10,000/exterior) to Lyons Auto Supply for 210/214 North 4th Street; and $33,661 ($23,661/interior and $10,000/exterior) for 1st American Bank for 200 1st Avenue North.
It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
ALLOCATE FUNDS FOR BUSINESS DISASTER
ASSISTANCE LOAN/GRANT PROGRAM APPEALS
Committee No. 4, Urban Development, reported having considered the matter of allocating funds for Business Disaster Assistance Loan/Grant Program appeals, and recommended approval to take leftover funds from the Business Assistance Program of $58,500 and the Interest Subsidy Program of $35,500.
It was moved by Council Member Babinchak and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE ESTIMATES, VARIOUS PROJECTS
The city auditor presented and read the following estimate summaries for various projects: CDBG estimates in the amount of $368,762.70; regular estimates of $1,659,464.79; and flood related or FEMA, $235,101.24.
It was moved by Council Member Lunak and seconded by Council Member Carpenter that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CERTIFICATE OF COMPLETION
A communication was presented and read from the city engineer certifying that the contractor had successfully completed the construction of the following project in a satisfactory manner, and recommended acceptance by the council: Project No. 4721, 1998 concrete street repairs.
It was moved by Council Member Klave and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 13 votes affirmative.
REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL
Various items were presented to the city council for their information and/or consideration;
1) Mayor Owens presented the matter of electronic voting system, which was referred to the finance committee for consideration.
2) the city auditor presented the matter of request to change City Code Section 6-0407 regarding the effective day of step increases due to change in payroll system; referred to finance committee.
APPROVE CHANGE IN SPOUSAL PENSION ELECTION
The Pension and Insurance Committee reported having considered the matter of changing spousal pension election, and recommended that the council approve the offering of a pop-up annuity option to employees at the time of retirement.
It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE PURCHASE OF PROPERTY AT 630 NORTH
3RD STREET AS PART OF PHASE IV
Committee No. 4, Urban Development, reported having considered the matter of Phase IV acquisition of 630 North 3rd Street, and recommended approval to purchase Western Auto building, 630 North 3rd Street, as part of Phase IV using local funds for the acquisition.
It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE BID FOR DEMOLITION OF BUILDING
ON SOUTH 3RD STREET (AREA OF COUNTY RAMP)
Committee No. 4, Urban Development, reported having considered the matter of Bid Package #11 for demolition on South 3rd Street (area of County ramp), and recommended approval to not open two bids (one was due to the bid bond and bid being in separate envelopes and the second was delivered to the wrong address and missed the deadline), and approval to accept and award to the low bidder, Gowan Construction Company, in the amount of $194,500 and go back to Gowan and negotiate if he will hold the alternate price of $18,000 for gravel until we see what the spring is like.
It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE BID PACKAGE #10 FOR ASBESTOS
ABATEMENT OF PROPERTY ON SOUTH 3RD STREET
Committee No. 4, Urban Development, reported having considered the matter of Bid Package #10 for asbestos abatement on South 3rd Street, and recommended approval of not opening four bids, three for failure to acknowledge Addendum #1 and the fourth because the bid and bid bond were not in separate envelopes; and approval to accept and award to the low bid, Building Systems Corp. in the amount of $87,740.00.
It was moved by Council Member Polovitz and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
MATTER OF QUESTIONS RE. VALUATON OF
CORPORATE CENTER
Council Member Martinson raised some questions re. valuation of Corporate Center with valuation of approx. $13 million, and tax generation will be $171,000/year and that seems very low on building in that cost area, and whether it was being subsidized. Mel Carsen, city assessor, stated he wasn’t sure whether those numbers accurate; that he has done a projection as to what the value might be on the leasehold interest of that building; that a leasehold interest is assessed somewhat differently than a fee simple value, leasehold interest anticipates the rent coming out of the building and capitalizing that rent even though the law says we have to assess it based on market value. He stated that the rents are somewhat depressed by today’s standards so values can be somewhat depressed for tax purposes. Mr. Carsen stated that this is being assessed the same as other properties downtown, which is probably a subsidy at this point.
Mr. Carsen stated that part of the situation is that there’s an agreement where the rent being charged now is somewhat the same as it would have been pre-flood; post-flood rental would be typically higher; but when you value on leasehold interest you look at what the property is renting for and you value the property based on that income stream.