Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 15, 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, March 15, 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.
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.
ANNOUNCE CERTIFICATE OF ACHIEVEMENT FOR
GOVERNMENT FINANCE OFFICERS
Mayor Owens announced that the City of Grand Forks has received for the 13th year the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association, that this certificate is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management. She stated this is quite an accomplishment for the City of Grand Forks under the guidance of Finance Director John Schmisek, Mr. Schmisek’s staff was in the audience and stood for recognition.
ADOPT ORDINANCE NO. 3776 GRANTING ADDITIONAL
COMPENSATION FOR CIVIL SERVICE COMMISSION
An ordinance entitled "An ordinance amending Section 6-0204 of the Grand Forks City Code relating to compensation of Civil Service Commission members", which had been introduced and passed on its first reading on March 1, 1999, was presented and read for consideration on second reading and final passage.
Council Member Babinchak moved an amendment to the ordinance that any meeting that is four hours or less remain at $20 per meeting and that any meeting that exceeds four hours would be at $60 per meeting up to $1200 per year. Council Member Hamerlik seconded the motion.
Council Member Babinchak reported that a listing of various committees payment, if any, and this was to come back to finance committee to look at all the committees, and include in the motion that they would look at again further into the year and possibly some conflict with other committees.
After some discussion and upon call for the question on the amendment to the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Hamerlik, Bouley, Klave, Beyer, Babinchak, Bakken - 8; voting "nay": Council Members Lucke, Carpenter, Lunak, Hafner, Martinson - 5. Mayor Owens declared the amendment approved.
Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken - 11; voting "nay": Council Members Hafner, Martinson - 2. Mayor Owens declared the ordinance adopted.
Mayor Owens reported that Dan Gordon, Human Resource Officer, was given the task of reviewing all the various committees and would remind him to see if they can have this matter considered soon.
ADOPT ORDINANCE NO. 3777, TO AMEND ZONING
MAP TO INCLUDE WITHIN B-3 (GENERAL BUSINES)
DISTRICT THE EASTERN 140 FT. OF LOT 3, BLOCK 1,
DeMERS 5TH RESUBDIVISION
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand forks, North Dakota, to rezone and exclude from the I-1 (Light Industrial) District and include within the B-3 (General Business) District, the eastern 140 feet of Lot 3, Block 1, DeMers 5th Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 16, 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 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 upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The Planning and Zoning Commission reported having considered the matter of the request from Keith Danks, Jr. for final approval of an ordinance to amend the Zoning Map to exclude from the I-1 (Light Industrial) District and to include within the B-3 (General Business) District, the eastern 140 feet of Lot 3, Block 1, DeMers 5th Resubdivision (located on the north side of DeMers Avenue and South20th Street intersections), and recommended final approval and passage of the ordinance amending the zoning map. The recommendation had been moved and seconded by Council Members Hafner and Martinson.
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.
ADOPT ORDINANCE NO. 3778, RELATING TO PLANNED
UNIT DEVELOPMENT DISTRICTS
An ordinance entitled "An ordinance enacting Grand Forks City Code 18-0223 relating to Planned Unit Development Districts", which had been introduced and passed on its first reading on February 16, 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 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 public 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 the Planning Department for final approval of an ordinance to amend the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0223 PUD (Planned Unit Development) district, subsection (4) to eliminate the sunset clause from the Detailed Development Plan approval process, and recommended final approval and passage of the ordinance amending the Land Development Code. The recommendation had been moved and seconded by Council Members Hafner and Bakken.
Upon call for the question of adoption of this ordinance and 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 ordinance adopted.
ADOPT ORDINANCE NO. 3779, AMENDING THE
ZONING MAP TO INCLUDE WITHIN KANNOWSKI
PUD (PLANNED UNIT DEVELOPMENT) DISTRICT,
CONCEPT DEVELOPMENT PLAN, AMENDMENT NO.
1, ALL OF KANNOWSKI ADDITION AND ULLAND
PARK FIRST 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 Kannowski PUD (Planned Unit Development) District, Concept Development Plan and to include within Kannowski PUD (Planned Unit Development) District, Concept Development Plan, Amendment No. 1, all of Kannowski Addition and Ulland Park First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 16, 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 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 public 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 CPS, Ltd. on behalf of the Grand Forks Park District, for final approval of Kannowski PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Kannowski Addition and Ulland Park First Addition, Grand Forks, North Dakota (located between 47th Avenue South and 62nd Avenue South and between South Columbia Road and South Washington Street), and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the zoning map. The recommendation had been moved and seconded by Council Members Hafner and Bakken.
Upon call for the question of adoption of this ordinance and 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 ordinance adopted.
ADOPT ORDINANCE NO. 3780, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF SOUTH
PINES ADDITION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of South Pines Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 16, 1999, and upon which the 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 public 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 CPS, Ltd. on behalf of Crary Development, Inc. for final approval of the plat for South Pines Addition, Grand Forks, North Dakota, being a part of a portion of the East Half of the Northwest Quarter of Section 27, Township 151 North of Range 50 West of the 5th Principal Meridian (located between 49th Avenue South and the Southend Drainway. This plat supercedes a portion of the plat named South Pine Addition approved August 5, 1998 by Planning and Zoning Commission and approved on August 17, 1998 by Grand Forks City Council); and recommended final approval subject to special conditions shown on or attached to the review copy and passage of the ordinance amending the Street and Highway Map. The recommendation had been moved and seconded by Council Members Hafner and Carpenter.
Upon call for the question of adoption of this ordinance and 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 ordinance adopted.
RECEIVE REQUEST FOR RECONSIDERTION AND
INFORMATION FROM C.T. MARHULA RE. SOUTHEND
DRAINWAY PROJECT
C. T. Marhula, 5124 Belmont Road, stated that some of his colleagues were in the audience, and asked that council receive formal request for reconsideration on the assessments for southend drainway for three reasons: 1) they would like to explore further whether adequate notice was given, 2) they believe incorrect information was provided to the City in various committees and was inadvertent that there was no intention to do that; and 3) believes that now have gathered additional evidence that lends itself to making a better decision. He stated they believe that data is accurate, and urged that various staff verify it as they don’t have resources or time or expertise to do it, but believe everything is accurate. He suggested that Mr. Duquette might be an appropriate party to review the accuracy of the data. Mr. Marhula presented the documents/ letters to the city auditor.
REFER CONSENT AGENDA ITEMS TO COMMITTEE
It was moved by Council Member Babinchak and seconded by Council Member Carpenter that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 13 votes affirmative.
Public Service Committee:
1) matter of amendments to engineering contract for downtown streetscape
Urban Development Committee:
1) matter of Rental Rehab. Program
2) matter of selection of A/E and construction management firms for relocation of historic homes.
3) matter of acquisition of 213 South 3rd Street
4) matter of surplus housing proposal from Easter Seals/Goodwill
5) matter of clarification of home moving policy
6) matter of awarding moving bids
7) matter of amendment for 1999 CDBG funding for non-profits
8) matter of approval of 1998 performance report
9) matter of beautification funds
REPORTS OF OFFICERS
The city auditor presented and read the city auditor’s financial management report (changes in cash balances) as of January 31, 1999. It was moved by Council Member Carpenter and seconded by Council Member Klave that this report be and is hereby received and filed. Carried 13 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 99-04, dated March 15, 1999 and totaling $5,729,379.28, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by Council Member Bouley 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.
SUSPEND AGENDA
Council Member Hamerlik stated that at the last meeting he had requested under New Business that some consideration be given to the format in which city council operates at its regular meetings, that the Mayor appointed the city attorney and the city auditor to review; however, their report is not ready, and moved that on a trial basis for the regular meetings in March and April that after the Mayor calls at each of the various committees for those that should be pulled for discussion that they vote on the rest of the items and not read them, but for those items that are pulled that each of the items be read so they know motion as there might be some controversy. He stated that an exception to this would be that motions included in minutes that they receive after the packets are delivered would be read. Mr. Swanson advised that a motion would have to be made at each meeting until there is a change in the Code. Council Member Hamerlik agreed and the motion was seconded by Council Member Hafner. Carried 13 votes affirmative.
DENY APPLICATION FOR EXEMPTION OF IMPROVE-
MENTS TO PROPERTY AT 2911 BELMONT ROAD
Committee No. 1, Finance, reported having considered the application for three-year exemption of improvements to commercial and/or residential buildings by Pat and LuAnn McLean, 2911 Belmont Road, and recommended that the request for a three-year exemption on 2911 Belmont Road be denied.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.
CONSIDER APPLICATIONS FOR EXEMPTION OF
IMPROVEMENTS TO PROPERTY AT 5110, 5118 AND
5030 GATEWAY DRIVE
Committee No. 1, Finance, reported having considered the application for three-year exemption of improvements to commercial and/or residential buildings by Gateway Storage, LLP for 5118 Gateway Drive. and recommended that the request for a three-year exemption on 5118 Gateway Drive be denied.
Committee No. 1, Finance, reported having considered the application for three-year exemption of improvements to commercial and/or residential buildings by Gateway Storage, LLP for 5110 Gateway Drive, and recommended that the request for a three-year exemption at 5110 Gateway Drive be denied.
Committee No. 1, Finance, reported having considered the application for three-way exemption of improvements to commercial and/or residential buildings by Gateway Storage, LLP for 5030 Gateway Drive, and recommended that the request for a three-year exemption at 5030 Gateway Drive be approved.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that these recommendations be and are hereby approved. Carried 13 votes affirmative.
ADOPT RESOLUTION RELATING TO ISSUANCE
OF REVENUE BONDS ON BEHALF OF ALTRU HEALTH
SYSTEMS AND CALL FOR PUBLIC HEARING ON
APRIL 5, 1999
Committee No. 1, Finance, reported having considered the matter of proposed Health Care System Revenue Bonds, Series 1999 (Altru Health System Obligated Group), and recommended approval to adopt the resolution relating to the issuance of revenue bonds on behalf of Altru Health Systems and call for a public hearing to be held on April 5, 1999 at 7:30 p.m., contingent upon approval of the city attorney.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Carpenter introduced the following resolution, which was presented and read: Document No. 7693 - Resolution.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this resolution be and is hereby adopted. 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 resolution adopted.
CONSIDER MATTER OF TAXABLE COPRPORATE
CENTER BUILDING BONDS, SERIES 1999A
Committee No. 1, Finance, reported having considered the matter of taxable Corporate Center Building Bonds, Series 1999A, and recommended approval to authorize title insurance and mechanics liens and set the sale date for the bond issue for the Corporate Center on April 19, 1999.
It was moved by Council Member Carpenter 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 PLANS AND SPECIFICATIONS FOR
SOUTHSIDE FIRE STATION
Committee No. 2, Public Safety, reported having considered the matter of plans and specifications for new southside fire station, and recommended to approve plans and specifications, and to authorize call for bids, project CDBG eligible.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE LEASE RENEWAL FOR NORTH DAKOTA
HIGHWAY PATROL FOR YEAR ENDING JUNE 30, 2000
Committee No. 2, Public Safety, reported having considered the matter of lease renewal for North Dakota Highway Patrol for year ending June 30, 2000, and recommended to approve the lease and authorize proper City officials to enter into the lease agreement.
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.
INCREASE SPEED LIMIT ON PORTION OF 47TH
AVENUE SOUTH
Committee No. 2, Public Safety, reported having considered the matter of speed limit on 47th Avenue South between Belmont road and South Washington Street, and recommended to approve traffic engineer’s recommendation to increase speed limit to 35 mph.
It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE BUDGET AMENDMENTS
A request for amendment to the budget for the fire department in the amount of $27,500.00 for installation/maintenance and tower rental for 800 MHz radio system was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 13 votes affirmative.
A request for amendment to the budget for Tobacco (TATU Project #2030.1) in the amount of $6,736.00 to reflect unexpended 1998 funds in Teens Against Tobacco Use (TATU) Grant Project from CSCC (Families First) was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 13 votes affirmative.
A request for amendment to the budget for the Knight Foundation Grant in the amount of $500.00 to reflect unanticipated revenue from Merck, Sharp & Dohme was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be approved. Carried 13 votes affirmative.
INTRODUCE ORDINANCE TO ELIMINATE CARRY-
OUT SERVICE FOR COLLECTION OF GARBAGE AND
ELIMINATE FEE FORTHOSE WHO QUALIFY
Committee No. 3, Public Service, reported having considered the matter of elimination of carry-out services, and recommended to eliminate the carry-out service fee for those that qualify under medical or handicapped exception and introduce ordinance for first reading.
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 Babinchak introduced an ordinance entitled "An ordinance amending Sections 13-0404 and 13-0408 of the Grand Forks City Code relating to fees for carry-out garbage service", which was presented, read and passed on its first reading.
AUTHORIZE FUNDS FOR PEMBINA COUNTY FOR
RECYCLING IMPROVEMENTS
Committee No. 3, Public Service, reported having considered the matter of request for recycling project funds for Pembina County, and recommended to approve the amount of $1,500 for recycling improvements.
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.
AUTHORIZE STORM SEWER STUDY
Committee No. 3, Public Service, reported having considered the matter of storm sewer study, and recommended to approve funding for the study in an amount not to exceed $20,000.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Upon roll call 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 CHANGE ORDER FOR REPAIR WORK
AT STORM PUMP STATION 84
Committee No. 3, Public Service, reported having considered the matter of repair work at Storm Pump Station 84 (6th Avenue North and North 55th Street), Wanzek Construction, Inc., contractor, in the amount of $4,065.25, and recommended to approve the change order for the temporary repair in the amount of $4,065.25 and to contact utility company for payment of cost of the temporary repair; and approve concept to pursue the permanent change order.
It was moved by Council Member Klave and seconded by Council 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 FOR APPRAISALS FOR
EASEMENTS/RIGHTS OF WAY ALONG SOUTH 42ND
STREET FROM 17TH TO 29TH AVENUES SOUTH
Committee No. 3, Public Service, reported having considered the matter of authorization to request appraisals for easements/rights of way along South 42nd Street from 17th to 29th Avenues South, and recommended to approve request.
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 EASEMENTS FOR VARIOUS PROJECTS
Committee No. 3, Public Service, reported having considered the matter of easements along 40th Avenue South in Perkins 4th Addition for Project No. 4979, watermain in Perkins 4th Addition, and recommended to approve temporary construction easement with a zero dollar cost.
Committee No. 3, Public Service, reported having considered the matter of easements along Ruemmele Road for Project No. 4845, storm sewer on South 34th Street and Ruemmele Road from 32nd to 40th Avenues South, and recommended to approve the easement.
Committee No. 3, Public Service, reported having considered the matter of easements along Columbia Road, 62nd Avenue South for southend development projects, and recommended to approve the easements.
It was moved by Council Member Klave and seconded by Council Member Lucke that these recommendations be and are hereby approved. Carried 13 votes affirmative.
APPROVE REIMBURSEMENT AGREEMENT WITH
WILLIAMS PIPELINE COMPANY, PROJECT NO. 4779,
Committee No. 3, Public Service, reported having considered the matter of reimbursement agreement with Williams Energy Group for Project No. 4779, relocate Williams pipeline along South Columbia Road and south of 40th Avenue South, and recommended to approve the agreement with Williams Energy Services and authorize deposit of $420,312.00, contingent upon review of the document by the city attorney; that $320,000 will be paid through CDBG allocation of the $15 million for southend development, and balance from Southend Drainway, Phase III.
It was moved by Council Member Klave and seconded by Council 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.
AUTHORIZE ENTERING INTO THREE-WAY AGREE-
MENT FOR UTILITIES IN PERKINS ADDITION
Committee No. 3, Public Service, reported having considered the matter of utilities in Perkins Addition: a) 50% up-front funding and b) three-way agreement for sanitary sewer, and recommended to accept letter of credit for 50% upfront funding meeting guidelines and to approve the three-way agreement with Dan Stauss.
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 AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECTS NOS. 5001 AND 5002, UTILITIES ON
36TH AVENUE SOUTH
Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services (design engineering) with CPS, Projects Nos. 5001 and 5001, watermain and storm sewer on 36th Avenue South from Columbia Road to 30th Street, and recommended to approve the agreement for engineering services in the amount of $12,401.00 for each 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.
APPROVE AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECTS NOS. 4995 THROUGH 4998, UTILITIES
AND PAVING IN UNIVERSITY VILLAGE
Committee No. 3, Public Service, reported having considered the matter of agreements for engineering services (design engineering) with CPS, for Projects 4995 through 4998, utilities and paving in University Village, CDBG, and recommended to approve the agreement for engineering services in the amount of $83,635.00.
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 AGREEMENT FOR ENGINEERING SERVICES
FOR PROJECTS NO.S 4991 THROUGH 4993, UTILITIES
IN SOUTH PINES ADDITION
Committee No. 3, Public Service, reported having considered the matter of agreement for engineering services (design engineering) with CPS for Projects 4991 through 4993, sanitary sewer, watermain and storm sewer in South Pines Addition, and recommended to approve the agreement for engineering services in the amount of $13,569.00 for Project No. 4991, $6,796.00 for Project No. 4992 and $7,871.00 for Project No. 4993.
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 AMENDMENT NO. 3B TO AGREEMENT FOR
ENGINEERING SERVICES FOR PROJECT NO. 4851
Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Amendment No. 3B (construction administration), Greater Forks Engineering Group (GFEG) for Project No. 4851, sanitary forcemain from Pump Station 93, CDBG, and recommended to approve Amendment No. 3B to the engineering services agreement in the amount of $77,303.10, 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, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting "nay": none. Mayor Owens declared the motion carried.
APPROVE AMENDMENT NO. 7 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4866
Committee No. 3, Public Service, reported having considered the matter of Amendment No. 7 to engineering services agreement (construction administration), Webster, Foster &Weston, Project No. 4866, restore storm sewer in Area 4, CDBG, and recommended to approve Amendment No. 7 to the engineering services agreement in the amount of $144,371.00, project CDBG eligible.
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 ENGINEER’S REPORT FOR PROJECTS NOS.
4995 THROUGH 4998, UTILITIES IN UNIVERSITY VILLAGE
Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Projects Nos. 4995 through 4998, sanitary, water, storm and paving in University Village, and recommended to approve the Engineer’s Report, project CDBG eligible.
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.
4757, DOWNTOWN CURB/GUTTER REPLACEMENT
Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for Project No. 4757, downtown curb and gutter replacement, and recommended to approve the Engineer’s Report, project CDBG eligible.
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 SPECIFICTIONS FOR PROJECT
NO. 4757, DOWNTOWN CURB/GUTTER REPLACEMENT
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4757, downtown curb and gutter replacement, CDBG, and recommended to approve 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 PLANS AND SPECIFICATIONS FOR PROJECTS
NOS. 4915 AND 4915, UTILITIES ON NORTH 48TH STREET
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Projects Nos. 4915 and 4916, sanitary and water on North 48th Street from Gateway Drive to 17th Avenue North, and recommended to approve plans and specifications for the projects.
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. 4986, UND STEAM LINE REPLACEMENT
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4986, UND steam line replacement, and recommended to approve plans and specifications contingent upon changes as noted by the engineering department.
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. 4892, 1999 TRAFFIC LOOPS
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4892, 1999 traffic loop quotes, and recommended to approve plans and specifications, project CDBG eligible.
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 AND AWARD CONTRACT FOR PROJECT
NO. 4908, 1999 CONCRETE STREET REPAIRS
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4908, 1999 concrete street repairs, and recommended to approve acceptance of the low bid of Specialized Contracting in the amount of $191,948.00, subject to further engineering review.
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.
ACCEPT BIDS AND AWARD CONTRACT FOR PROJECT
NO. 4907, 1999 SIDEWALK REPAIRS
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4907, 1999 sidewalk repairs, and recommended to approve acceptance of the flow bid of Specialized Contracting in the amount of $128,917.50, on a unit-price basis, and subject to further engineering review.
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.
ACCEPT BIDS AND AWARD CONTRACT FOR PROJECT
NO. 4910, 1999 ADA CURB RAMP CONSTRUCTION
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4910, 1999 ADA curb ramp construction, and recommended to approve acceptance of the flow bid of Specialized Contracting in the amount of $43,640.00, subject to further engineering review.
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.
ACCEPT BIDS AND AWARD CONTRACT FOR PROJECT
NO. 4909, 1999 ASPHALT STREET REPAIRS
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4909, 1999 asphalt street repairs, and recommended to accept the low bid of Nodak Contracting in the amount of $18,750.00.
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.
ACCEPT BIDS AND AWARD CONTRACT FOR PROJECT
NO. 4964, WATERMAIN REPLACEMENT
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4964, watermain replacement on North 5th Street from University to 7th Avenue North, and recommended to accept the low bid of Duckstad Contracting Company in the amount of $152,258.50.
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; and it was so moved by Council Member Hafner and seconded by Council Member Martinson. Carried 12 votes affirmative.
Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Carpenter, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting "nay": none; Council Member Babinchak abstaining. Mayor Owens declared the motion carried.
ACCEPT BIDS AND AWARD CONTRACT FOR PROJECT
NO. 4978, WATERMAIN REPLACEMENT
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4978, watermain replacement on North 6th Street from 2nd Avenue North to 6th Avenue North, and recommended to accept the low bid of Duckstad Contracting Company in the amount of $143,626.00.
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; and it was so moved by Council Member Hafner and seconded by Council Member Martinson. Carried 12 votes affirmative.