Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 19, 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, July 19, 1999 at the hour of 7:40 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; absent: none.
Mayor Owens announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter.
Mayor Owens introduced President Kupchela and his wife, Adele, from the University of North Dakota.
Mayor Owens introduced Mark Krauseneck, director of Grand Forks Development Foundation.
REPORT OF CONGRESSIONAL ADVISORY COMMITTEE
Council Member Hafner reported that the latest report on the Congressional update should be at council members’ desks, that they’ve exceeded offers of number of incentives they have available but that 18 additional do have requirements in their contracts of additional incentive money, and that the committee asked to request Urban Development Committee to consider allowing Congressional Management Committee to extent the incentives with some flexibility and deal with that at a later time. He stated with house sales closed and 21 more this month, it brings a total of 197.
APPROVE MINUTES OF MAY 3, 1999
Typewritten copies of the minutes of the city council meeting held on May 3, 1999, were presented and read. It was moved by Council Member Carpenter and seconded by Council Member Bouley that these minutes be approved as read. Carried 14 votes affirmative.
SUSPEND RULES, AND RECONSIDER MATTER OF
FIRE CHIEF’S CONTRACT
Council Member Carpenter moved to suspend the rules to include at this time an item - matter of reconsideration of fire chief contract. The motion was seconded by Council Member Hamerlik. Carried 14 votes affirmative.
Council Member Carpenter moved to reconsider their prior approval of the fire chief’s contract; Council Member Lunak seconded the motion. Carried 14 votes affirmative.
Council Member Carpenter reported that the council had approved the contract and there were motions to amend the Civil Service Code to address an issue that Mr. O’Neill had, that there was reluctance by number of members of council to amend the Code to deal with this issue; and it was moved that we amend our previous motion (with appropriate language by the city attorney) to modify the contract by adding that if the mayor asks the resignation of the fire chief without due cause that one year’s severance pay be awarded to the fire chief, but if with cause (there are six provisions for cause) any severance pay be null and void, and to amend the contract to include provision which would require 180 days notice for renewal of the contract and that an offer would then be made of at least the current terms of the contract and if there is not final agreement then between the City and the employee prior to termination of the contract that any severance be null and void. Council Member Hamerlik seconded the motion.
Mayor Owens read the six provisions for cause: 1) conviction of or plea of guilty to a felony or class A misdemeanor; 2) violation of any ordinance or lawful and reasonable official regulation policy/order or directive or failure to obey any lawful and reasonable direction made and given by the mayor with such violation or failure amounts to an act of insubordination or serious breach of proper discipline resulting in or which may be reasonably expected to result in loss or injury to the City or to the public; 3) violation of the alcohol and control substance policy; 4) theft or intentional destruction of City property or the unauthorized possession or use of City property, equipment or materials; 5) fighting or threats of physical violence; 6) the employee’s engaging in a private business or in an outside trade or occupation so that the duties of the employee’s position as described by law or regulation or by the mayor are impaired or made less effective by the employee’s outside business, trade or employment.
Mr. Swanson stated that the mayor would initiate discussions and negotiations on the contract, however, for any renewal or change in terms would be up to the council; and non-renewal would be at mayor’s action. It was noted that the Mayor and Mr. O’Neill are in agreement to this.
After discussion and upon call for the question on the amendment and upon voice vote, the motion carried 14 votes affirmative.
Upon call for the question on the motion, as amended, and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
ADOPT ORDINANCE NO. 3802, AMENDING ZONING
MAP TO INCLUDE WITHIN PERKINS 3RD PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, LOTS 2 AND
3, BLOCK 1, PERKINS 5TH 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 Perkins 3rd Planned Unit Development (PUD), Concept Development Plan and to include within the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan, Amendment No. 1, Lots 2 and 3, Block 1, Perkins 5th Addition, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on May 17, 1999, and upon which public hearing had been continued until this evening, 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. There were none 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 Jerry Pribula on behalf of Dave Parker for final approval of an ordinance to amend the Zoning Map to exclude from the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan, and to include within the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan, Amendment No. 1 (located west of Columbia road and between 36th Avenue South and 40th Avenue South), 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. Council Members Hafner and Martinson moved the recommendation for approval.
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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3803, TO AMEND STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF PERKINS
FIFTH 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 Replat of Lots 2 and 3, Block 1, Perkins Fifth Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on May 17, 1999, and upon which public hearing had been continued until this evening, 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.
The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from Pribula Engineering and surveying on behalf of David J. Parker for final approval of a Replat of Lots 2 and 3, Block 1, Perkins Fifth Addition to the city of Grand Forks, North Dakota (located west of South Columbia Road and north of 40th Avenue South), 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. Council Member Hafner and Council Member Carpenter moved the recommendation for approval.
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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3804, RELATING TO
CONDUCT OF COUNCIL MEETINGS AND RELATING
TO PUBLIC MEETINGS
An ordinance entitled “An ordinance amending portions of Section 2-0301 of the Grand Forks City Code relating to conduct of council meetings and adopting Section 2-0302 relating to public meetings”, which had been introduced and passed on its first reading on July 6, 1999, was presented and read for consideration on second reading and final passage.
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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3805, RELATING TO
THE CIVIL SERVICE SYSTEM
An ordinance entitled “A technical corrections ordinance amending specific sections of Chapter VI of the Grand Forks City Code relating to the Civil Service System”, which had been introduced and passed on its reading on July 6, 1999, was presented and read for consideration on second reading and final passage.
Committee No. 1, Finance, reported having considered the matter of technical corrections ordinance amending specific sections of the Grand Forks Civil Service Code, and recommended to delete the re-employment register as related to the fire chief contract from the technical corrections.
It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Carpenter moved an amendment to the ordinance to delete the re-employment register as related to the fire chief contract, which was seconded by Council Member Hamerlik. Carried 14 votes affirmative.
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, as amended, and upon roll call vote the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.
ADOPT ORDINANCE NO. 3806, TO AMEND STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF SATROM’S
FIRST 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 Satrom’s First Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on June 7, 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.
Cindy Hiebert, 710 Chestnut Street, manager of Mini-Mart, stated that the connection would be going right between the fence and her building, that Mini-Mart has been there for fifteen and half years, that Mini-Mart has put a lot of money into this, were asked to put the fences up in order to separate the business and houses, along with all the trees, etc., and asked for reconsideration and if any new business needs access to 32nd Avenue South through that way.
The manager of Big Wheel Rossi stated he shares same concerns as business neighbors with access way through back door and create lot more traffic flow and increases danger for pedestrians and other moving vehicles.
Dennis Potter, City Planner, stated that the platting is a proposal to divide the existing property which runs on South Washington Street into two parcels so the southern parcel can be developed, that there’s no dedication of public rights of way or no intent to open up any east/west streets in either one of these areas and no intent to open up a north/south street and assured those individuals who spoke that there's nothing in this plat that opens up additional public rights of way.
Mayor Owens closed the public hearing.
The city auditor presented and read the report from the Planning and Zoning Commission that they had considered the matter of the request from John Satrom on behalf of Gale Satrom for final approval of the plat of Satrom’s First Addition to the city of Grand Forks (located in the 3000 block of 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 Street and Highway Map. Council Member Hafner and Council Member Babinchak moved the recommendation for approval.
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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.
CONTINUE PUBLIC HEARING AND SECOND
READING OF ORDINANCE TO AMEND ZONING
MAP TO INCLUDE WITHIN HAAKE PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 3, TO
AUGUST 16, 1999
An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the HAAKE PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 and to include within the HAAKE PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3”, which had been introduced and passed on its first reading on June 7, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The city auditor reported that the 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 Kevin Ritterman/Dakota Financial and Development, on behalf of Bruce McGregor/US Bank for final approval of an ordinance amending the Zoning Map to exclude from the HAAKE Planned Unit Development (PUD), Concept Development Plan, Amendment No. 2 and to include within the HAAKE Planned Unit Development (PUD), Concept Development Plan, Amendment No. 3 (located in the northeastern corner of 13th Avenue South and South Columbia Road), and recommended tabling the request until the August 4, 1999, Planning and Zoning Commission meeting and continuing the public hearing until August 16, 1999.
It was moved by Council Member Hafner and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 14 votes affirmative.
CONTINUE PUBIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO INCLUDE
WITHIN I-2 (HEAVY INDUSTRIAL) DISTRICT A TRACT
OF LAND LOCATED IN THE SE QUARTER OF SECTION
32, T152N, R50W OF 5TH PRINCIPAL MERIDIAN TO
AUGUST 16, 1999
An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Limited Development) District and include within the I-2 (Heavy Industrial) District, a tract of land located in the SE l/4 of Section 32, Township 152 North, Range 50 West of the 5th Principal Meridian”, which had been introduced and passed on its first reading on June 7, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The city auditor reported that the 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 that they had considered the matter of the request from the Planning Department on behalf of the Engineering Department for final approval of an ordinance to amend the Zoning Map to exclude from the A-1 (Limited Development) District and to include within the I-2 (Heavy Industrial) District a tract of land located in the SE ¼ of Section 32, Township 152 North, Range 50 West of the 5th Principal Meridian) and recommended tabling the request until the August 4, 1999 Planning and Zoning Commission meeting and continuing the public hearing until August 16, 1999.
It was moved by Council Member Hafner and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 14 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING
OF AN ORDINANCE TO AMEND THE LAND DEVELOP-
MENT CODE, AMENDING ARTICLE 3, RULES AND
REGULATIONS, TO AUGUST 16, 1999
An ordinance entitled “An ordinance relating to the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 3, Rules and Regulations”, which had been introduced and passed on its first reading on June 7, 1999, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The city auditor reported that the 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 the City Planning Department for final approval of an ordinance amending the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 3, Rules and Regulations, Section 18-0311 Downtown Design Review Team, and recommended tabling the request until the August 4, 1999, Planning and Zoning Commission meeting and continuing the public hearing until August 16, 1999.
It was moved by Council Member Hafner and seconded by Council member Babinchak that this recommendation be and is hereby approved. Carried 14 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 561, PROJECT NO. 4589
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 561, Project No. 4589, paving on Desiree Drive in Country View First Resubdivision had expired on July 15, 1999, and that he had received no written protests.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Klave introduced the following resolution as to protests which was presented and read: Document No. 7830 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Bouley that we do hereby find and determine an insufficiency of protest against Paving District No. 561, Project No. 4589, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 568, PROJECT NO. 5019
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 568, Project No. 5019, paving on South 26th Street from 36th to 37th Avenue South, had expired on July 1, 1999, and that the public hearing had been continued until this evening, and that he had received no written protests.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Klave introduced the following resolution as to protests which was presented and read: Document No. 7831- Resolution.
It was moved by Council Member Klave and seconded by Council Member Bouley that we do hereby find and determine an insufficiency of protest against Paving District No. 568, Project No. 5019, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.
CONTINUE PUBLIC HEARING AND DETERMINATION
OF PROTEST ON PAVING DISTRICT NO. 562, PROJECT
NO. 4714
The city auditor reported that the period for filing protest on the resolution of necessity for the improvements in and for Paving District No. 562, Project No. 4714, paving on North 55th Street from DeMers to Gateway Drive, had expired on July 14, 1999, and that he had received no written protests. However, it was reported that the bid opening had been extended to July 26, 1999 and in order to give the property owners an opportunity to see the bids and the cost of the project, it was moved by Council Member Hamerlik and seconded by Council Member Hafner that the hearing on the determination of protest be and is hereby continued to August 2, 1999. Carried 14 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 4589, DISTRICT NO. 561
The city auditor presented and read tabulation of bids which had been received and opened on July 12, 1999 for Paving Project No. 4589, District No. 561, paving on Desiree Drive in Country View First Resubdivision, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $141,171.50: Document No. 7832 - Bid Tabulation.
The city engineer’s estimate of total cost on Paving Project No. 4589, District No. 561, in the amount of $179,300.00, was presented and read.
Committee No. 3, Public Service, reported having considered the bids for Paving Project No. 4589, District No. 561, paving Country View, and recommended to accept the low bid of Valley Contracting Company in the amount of $141,171.50.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7833 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 4589, District No. 561, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.
RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 5019, DISTRICT NO. 568
The city auditor presented and read tabulation of bids which had been received and opened on July 12, 1999 for Paving Project No. 5019, District No. 568, paving on South 26th Street from 36th to 37th Avenues South, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $57,400.10: Document No. 7834 - Bid Tabulation.
The city engineer’s estimate of total cost on Paving Project No. 5019, District No. 568, in the amount of $72,900.00, was presented and read.
Committee No. 3, Public Service, reported having considered the bids for Paving Project No. 5019, District No. 568, paving on South 26th Street from 36th to 37th Avenues South, and , and recommended to accept the low bid of Valley Contracting Company in the amount of $57,400.10.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7835 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 5019, District No. 568, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.
REFER CONSENT AGENDA ITEMS TO COMMITTEE
It was moved by Council Member Bouley and seconded by Council Member Babinchak that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 14 votes affirmative.
Public Safety Committee:
1) request for amendment to the ordinance re. loud parties.
Urban Development Committee:
1) matter of Phase III Rehab Program
a) request to forgive mortgage
b) request for admittance and program funding
2) matter of cost matrix budget transfers
3) matter of Mortenson change orders
4) matter of leaseback to commercial tenant at 630 North 3rd Street
5) matter of historical rehab.
REPORTS OF OFFICERS
The city auditor’s cash report as of June 30, 1999 was presented and read. It was moved by Council Member Bouley and seconded by Council Member Babinchak that this report be and is hereby received and filed. Carried 14 votes affirmative.
REPORT OF BOARD OF ZONING ADJUSTMENT
A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, June 24, 1999, that notice had been published as required and that the following appeals were heard: 1) Heyd Construction on behalf of Rosella Wesley, 2002 Blackwood Avenue, request for variance to the property total and front yard impervious area requirements to pave additional driveway area, variance approved to allow fifty-two percent impervious surface area coverage and sixty percent impervious surface area coverage in the front of the property in order to pave additional driveway area; 2) Eugene Pladson, 522 Chestnut Street, request for variance to the impervious area requirement to pave additional area for access to the property, variance approved to allow sixty-six percent impervious surface area coverage in order to pave additional area for access on the property; 3) Dale Michael Rooker, 623 South 16th Street, request for variance to the impervious surface area, front/side yard setback and accessory building requirements to build a detached garage, this matter was tabled until the next meeting because of lack of representation from the property owner; 4) Valdak Corporation, 110 Belmont Road, request for variance to repave a portion of the property, variance approved to allow 7.5 feet of paving setback and buffer yard along the south property line in order to pave a parking lot; 5) Curtis and Susan Kolbo, 2523 10th Avenue North, request for variance to the residential accessory building requirements to build a detached garage addition, this matter was tabled until next meeting because of lack of representation from the property owner; 6) David and Diane Berg, 532 Cambridge, request for variance to the side and front yard setback requirements to build a deck, variance approved to allow 9.5 ft. of front yard and 1 ft. of side yard setback in order to construct a deck.
It was moved by Council Member Beyer and seconded by Council Member Hafner that this report be and is hereby received and filed. Carried 14 votes affirmative.
APPROVE BILLS
Vendor Payment No. 99-12, dated July 19, 1999 and totaling $4,625,867.80, 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 Carpenter 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 Member Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.
SUSPEND AGENDA
Council Member Hamerlik moved to dispense with the reading of the recommendations of the standing committees unless a council member or individual in the audience requests such to be read or pulled if acceptable to the chair, or if the minutes weren’t distributed in packets. Council Member Martinson seconded the motion. Carried 14 votes affirmative.
Mayor Owens asked if there were any items under any of the committees that the council wishes to send back to committee prior to going through the agenda items:
1) Council Members Carpenter and Brooks asked that Item 7-4 matter of negotiating contract for annual report.
2) Council Members Lucke and Lunak asked that items 7-22 matter of CDBG Engineer’s Report for Project 4973, Watermain Replacement Loop on North 15th Street and 8th Avenue North, and 7-24b, matter of change order for Proj. 4851, Sanitary Forcemain from Pump Station #39, C.O. #1, and 7-24h matter of change order for Proj. 4929, water on South 20th Street from 36th to 40th Avenues South.
APPROVE EXTENSION OF TEMPORARY DISABILITY
FOR EMPLOYEE
Committee No. 1, Finance, reported having considered the matter of request for extension of temporary disability and light duty status by Sgt. Jerry Rupe, and recommended approval to authorize a six-month extension of temporary disability and light duty status to Sgt. Jerry Rupe.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 14 votes affirmative.
ESTABLISH PUBLIC HEARING ON AUGUST 16, 1999
FOR APPLICATION FOR PROPERTY TAX EXEMPTION
BY NORTH CENTRAL MANAGEMENT GROUP, INC.
Committee No. 1, Finance, reported having considered the matter of application for property tax exemption for new or expanding businesses by North Central Management Group, Inc., 525 DeMers Avenue, and recommended to establish a public hearing for August 16, 1999.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE 1998 COMPREHENSIVE ANNUAL FINANCIAL
REPORT
Committee No. 1, Finance, reported having considered the matter of 1998 Comprehensive Annual Financial Report, and recommended council receive, file and authorize final payment to Brady Martz & Associates, P.C.
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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE RENEWAL OF SALES TAX COLLECTION
CONTRACT
Committee No. 1, Finance, reported having considered the matter of renewal of sales tax collection contract, and recommended approval to authorize proper City officials to sign a sales tax collection contract subject to final review by the city attorney.
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, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE RENEWAL OF JOINT POWERS AGREEMENT
FOR EMERGENCY MANAGEMENT PROGRAM
Committee No. 2, Public Safety, reported having considered the matter of renewal of Joint Powers Agreement for Emergency Management Program, and recommended to approve renewal of the Joint Powers Agreement for a period of five years beginning September 1, 1999 and extending through August 31, 2004.
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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
ACCEPT BID FOR MOVERS TO MOVE HEALTH
DEPARTMENT AND NORTHEAST HUMAN SERVICES
TO COUNTY OFFICE BUILDING
Committee No. 2, Public Safety, reported having considered the matter of (joint) bids for moving of Health Department and Northeast Human Services to County Office building , and recommended to accept the low bid of Kedney Moving Center in the amount of $9,250.00 for the health department (and $27,000 including option for moving of computers for Northeast Human Services.)
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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE GRANTS WITH NORTH DAKOTA
DEPARTMENT OF HEALTH
Committee No. 2, Public Safety, reported having considered the matter of grants with the North Dakota Department of Health for TB Screening Services grant agreement in the amount of $11,482 for period July 1, 1999 to June 30, 2000, and for HIV/AIDS Testing grant agreement in the amount of $10,500 for period July 1, 1999 to June 30, 2000, and recommended to approve the grant amendments contingent upon final review by the city attorney.
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, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE ONE-YEAR DELAY IN CONSTRUCTION
OF SIDEWALK AT 636 49TH AVENUE SOUTH
Committee No. 3, Public Service, reported having considered the matter of request to delay sidewalk construction at 636 49th Avenue South, and recommended to approve a one-year delay in construction of the sidewalk.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4669.4, DISTRICT NO. 386.4, SOUTHEND
DRAINWAY PHASE IIIA, GOLF COURSE PORTION.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Southend Drainway, Project No. 4669.4, District No. 386.4, Southend Drainway Phase IIIA, Golf Course portion, and recommended to approve the plans and specifications contingent upon engineering’s final review and design or layout of the drainway through the course, and that the joint powers agreement be referred to Flood Protection Committee.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7836 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution be and is hereby adopted. Carried 14 votes affirmative.
APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4824
Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements - Amendment No. 1 (design), WSN, Project 4824, overlay streets city wide (CDBG) for an additional 211 blocks of city streets, and recommended approval of the contract amendment for an additional $62,850.00 for a total of not to exceed $80,010.00.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
ACCEPT BIDS FOR TRAFFIC PAINT
Committee No. 3, Public Service, reported having considered the matter of bids for traffic paint, and recommended to accept the bid of Diamond Vogel for 1210 gal. white paint at $7.23/gal. and 1055 gal. yellow paint in the amount of $7.13/gal. for a total bid of $16,270.45 in 55 gal. drums.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
ACCEPT BID FOR FOUR-WHEEL DRIVE PLOW
TRUCK FOR STREET DEPARTMENT
Committee No. 3, Public Service, reported having considered the matter of bids for four-wheel drive plow truck, and recommended to accept the low bid of W. W. Wallwork in the amount of $122,080.00.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried.
ACCEPT BID FOR GENERATOR FOR PUBLIC WORKS
FACILITY
Committee No. 3, Public Service, reported having considered the matter of bids for generator for public works facility (100KW generator), and recommended to accept the low bid of Cummins North Central, Inc. in the amount of $23,797.00.