Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 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, November 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, Glassheim, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 13; absent: Council Member Carpenter - 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.
FLOOD REPORT
Ken Vein, city engineer, gave a brief review of the report that had been presented to all members of the council, along with an update of the Greenway Action Plan and a revised copy of the Flood Protection Project City Communication Plan:
1) Technical Work Update: Mr. Vein reported that the Corps is tentatively planning to give the Flood Protection Committee an update on the English Coulee Diversion extension and other major item is that under City Consultants Update, Barr Engineering’ report where they looked at potential southend alignments and Grand Forks County Commission will be meeting tomorrow and making a presentation back to the Flood Protection Committee later in the week, and take that under consideration and advisement. He stated it is important to address this issue very soon since the Corps is now looking at finalizing all the alignments for the final alignment memorandum to come out in June, 2000. He stated there is a minor revision to the communications plan and they are trying to keep as many people as possible informed of what’s happening with the permanent flood protection project, including some meetings they are having with County Commissions, Water Resource Districts and Watershed Boards downstream from the city of Grand Forks.
Council Member Lunak reported he had received some calls from residents on Belmont Road, and that the dike isn’t 10 feet from the road. Mr. Vein stated that when you look at the cross sections it was originally intended to be flat 10 feet and then slope, that the 10 feet is there but in a gradual slope at the bottom to give that 10 feet.
APPROVE MINUTES
Typewritten copies of the minutes of the regular meetings held on July 6 and July 19, 1999, were presented and read. It was moved by Council Member Martinson and seconded by Council Member Brooks that these minutes be approved as read. Carried 13 votes affirmative.
ADOPT ORDINANCE NO. 3823, RELATING TO
SALARY CHANGES
An ordinance entitled “An ordinance amending Section 6-0306 of the Grand Forks City Code relating to salary changes”, which had been introduced and passed on its first reading on October 18, 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, Lunak, Klave, Beyer, Babinchak, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the ordinance adopted.
APPROVE APPLICATION FOR MOVING PERMIT
TO MOVE GARAGE TO 1309 8TH AVENUE NORTH
The city auditor reported that the notice of public hearing on the application by Craig Spicer to move a garage from 1315 7th Avenue North to 1309 8th Avenue North had been published and posted as required.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
It was moved by Council Member Lunak and seconded by Council Member Hafner that we determine an insufficiency of protest to the moving permit. Carried 13 votes affirmative.
Committee No. 3, Public Service, reported having considered the matter of application for moving permit by Craig Spicer to move building from 1315 7th Avenue North to 1309 8th Avenue North, garage, and recommended to approve the application for permit, subject to the public hearing.
It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved, and further that Mr. Spicer be and is hereby authorized to move the building subject to meeting conditions established. Carried 13 votes affirmative.
REPORTS OF BOARD OF ZONING 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, October14, 1999, that notice had been published as required and that the following appeals were heard: 1) William Schoen on behalf of Architectural Properties, 15, 23, 25, 27, 33, 101 and 107 South 3rd Street, request for variance to the paving setback requirements in order to pave a parking lot, variance approved to allow zero feet of setback for the parking lot on the property line and one foot setback for the driving lane to the structure in order to construct a parking lot; 2) Lonny Winrich and Sandra Donaldson, 606 South 4th Street, request for variance to the accessory building requirements in order to rebuild a detached garage, variance approved to allow one foot of side yard setback in order to construct a detached garage; and 3) Mark Syverson, 609 4th Avenue South, request for variance to the accessory building requirements in order to rebuild a detached garage, request tabled because the size of the property was in question.
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, October 21, 1999, that notice had been published as required and that the following appeal was heard: 1) Mark Syverson, 609 4th Avenue South, request for variance to the accessory building requirements to rebuild a detached garage, variance approved to allow four ft. of front yard setback and two feet of side yard setback in order to rebuild a detached garage.
It was moved by Council Member Polovitz and seconded by Council Member Babinchak that these reports be and are hereby received and filed. Carried 13 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 99-19, dated November 1, 1999, and totaling $2,044,078.66, 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 Klave 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, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.
SUSPEND AGENDA AND REFER MATTER OF COLUMBIA
ROAD/32ND AVENUE CORRIDOR STUDY RECOMMENDA-
TIONS BACK TO COMMITTEE
It was moved by Council Member Hafner and seconded by Council Member Hamerlik to suspend the agenda as there are a number of people here this evening with the matter of the Columbia Road/32nd Avenue Corridor Study. Carried 13 votes affirmative.
Council Member Hafner stated his intentions are to send this back to committee but that there are some people who would like to speak to this, and after their speaking to this matter will send it back to committee.
Bill Reed, manager of the Columbia Mall and a member of the advisory committee that developed the plan for the corridors, stated there is an element of this plan that doesn’t reflect the discussion that took place in the advisory committee and it doesn’t reflect the economic realities that have to be considered in our community, removing the existing traffic signals at 31st Street, that is the location next to the theatres in the Mall and directly across from the C’Mon Inn. He stated that during discussions of the advisory committee meetings and the two public discussions that they voted that a quarter mile traffic signal spacing was the best thing in light of the business realities that took place in both of those corridors; and the final recommendation that was presented and a memo was sent out indicating that they were going to relocate the traffic signal from South 31st to the intersection of 28th on Columbia Road. He stated that at their first discussion, that the 28th Avenue intersection is the highest accident intersection they have in the entire corridor based on the study they received from BRW, it merited that consideration on its own and not a trade-off. He stated that somewhere in the course of the discussion this trade-off was presented and that is the portion that will be coming up for discussion that he is concerned with; that traffic signal has existed for over 20 years, and feels that there has been economic decisions made in that corridor based on the existence of that light that can’t be reversed by taking the light out. He stated it would appear to him that the better option is to put the light in at 34th and leave the light on 31st , there is precedent for that. He stated he questioned why they want to take out the only light in the entire survey which is in front of the Mall, and doesn’t seem to respond to any economic reality. He stated he didn’t think the study presented this properly and information not complete to warrant it. He stated there are a number of businesses that have located there because the traffic light gave them access.
Charles Durrenberger, Planning Office, reported that the proposal that was taken to committee and sent out in separate letter from Mr. Haugen dated October 21 identified a number of signal locations which would provide the basis for the long range corridor study, and what is outlined is called a signal buildout and would identify the locations of proposed signals throughout the corridor - to remove the signal on 31st and to relocate that on 34th and to substitute for the signal at 31st is a three-quarter median. He stated what the corridor study attempted to do was to address safety issues throughout the corridor, not only on 32nd but also on Columbia Road, actual statistics show that there is significant number of accidents that occur at these uncontrolled intersections, such as 28th, and consultant has recommended a series of medians at intersections without signals that would prevent the most dangerous turns, the cross-over movement and also the left-turn out. The study was conducted and they’ve held several public hearing meetings over the course of the last six months, and the study, once completed, would provide the basis for intersection improvements at 32nd and Columbia Road, which are programmed for the year 2002, and have already received funding for an improvement at the intersection of 28th and Columbia Road, the study was to identify the improvement and the current recommendation is to signalize that intersection. He stated they need to address the study as there are a number of improvements throughout the corridor that are dependent on the results of this study and recommendation, and they include 17th Avenue bikeway project and unspecified improvements throughout the corridor that are programmed for the year 2001.
Mr. Durrenberger addressed the recommendations of the advisory committee at the request of Mr. Reed, and stated that the recommendation requested that no additional signals be placed in these corridors, and after that meeting they did have additional public hearing and additional staff review and looked at a different strategy, that originally proposed by BRW was two signal buildouts, one at a half mile which is consistent with historical construction of the corridor and one at quarter mile buildout which would place signals at approximately at one-quarter mile intervals and part of that quarter mile included the relocation of 13th Avenue signal to 14th Avenue and that was dropped, and after that meeting the recommendations that were revised based on comments they received from the staff and at public meetings, and that a memo was sent to the corridor advisory committee stating that there would be no additional signals placed in these corridors however that was subsequently modified.
Council Member Beyer stated that when they discussed this at MPO they were going ahead with the corridor study and they were talking about going to half mile rather than quarter mile, she was under the impression that they were not removing any stop lights, can talk about safety on 28th and they all agree there needs to be a light there, and if didn’t have light at 31st there would have been substantial accidents there, and as a member of the MPO she was not under the impression that the light at 31st would be removed. She stated that they should keep this signal here and if and when the signal goes in on the other intersection at 34th, look at it again. She stated that if this goes back to Public Service she will try to be there, that she looks at the South Town Square, the access there which is one-half mile and hears that the access there is awful.
Council Members Hafner and Lucke asked that this matter be referred back to committee for further consideration at their next meeting which is scheduled for Monday, November 8, 1999 at 7:00 p.m.
REFER MATTER OF SAFETY CONCERNS AT INTER-
SECTION OF 5TH AVENUE NORTH AND NORTH 5TH
STREET NEAR ST. MICHAEL’S SCHOOL BACK TO
TO COMMITTEE
Council Members Bakken and Martinson asked that the matter of safety concerns at the intersections of 5th Avenue North and North 5th Street near St. Michael’s Elementary School be referred back to committee for further consideration.
REFER MATTER OF SNOWMOBILE ROUTE BACK TO
COMMITTEE
Council Members Bouley and Martinson asked that the matter of the snowmobile route be referred back to committee for further consideration.
INTRODUCE ORDINANCE RE. LICENSE AND
PERMIT FEES
Committee No. 1, Finance, reported having considered the matter of review of license and permit fees, and recommended approval of the license and permit fee recommendations.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Klave introduced an ordinance entitled “An ordinance amending Section 21-0106 of the Grand Forks City Code relating to license fees”, which was presented, read and passed on its first reading.
CONSIDER MATTER OF VOTING MEMBERSHIP OF
MARKET ANALYSIS COMMITTEE
Committee No. 1, Finance, reported having considered the matter of determining voting/non-voting membership to the Market Analysis Committee, and recommended to receive and file.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby received and filed. Carried 13 votes affirmative.
APPROVE GRANT AGREEMENT WITH ND DEPARTMENT
OF HEALTH FOR IMMUNIZATION/EPIDEMIOLOGIST
SUPPORT SERVICES
Committee No. 2, Public Safety, reported having considered the matter of grant agreement with ND Department of Health for Immunization/Epidemioloist Support Services, $10,836.00 for 7/01/99 to 12/31/99, and recommended approval of the grant.
It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE BUDGET AMENDMENT
A request from the Community Initiative Program (Health Department) for transfer of $500.00 to reflect donation by North American Vaccine was presented and read. It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 13 votes affirmative.
DENY REQUEST FOR STOP SIGNS ON COTTONWOOD
STREET AND SOUTH 10TH STREET
Committee No. 2, Public Safety, reported having considered the review of request for stop signs on Cottonwood Street and South 10th Street, and recommended to deny the request.
It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 13 votes affirmative.
DIRECT REMOVAL OF TRAFFIC LIGHT AT INTER-
SECTION OF DEMERS AND RIVERBOAT ROAD AND
ADD STOP SIGN
Committee No. 2, Public Safety, reported having considered the matter of traffic signal at DeMers and Riverboat Road, and recommended to approve removal of the traffic light at the intersection of DeMers and Riverboat Road and the addition of a stop sign on the north side of the intersection.
It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE BUDGET AMENDMENT
A request from the Public Works Director for amendment using cash carryover of $17,770.00 to cover expenditures in temporary and overtime wages for rest of the year, was presented and read.
It was moved by Council Member Martinson and seconded by Council Member Bouley that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS FOR
WASTEWATER TREATMENT PLANT, PROJECT 4371
Committee No. 3, Public Service, reported having considered the matter of approval of plans and specifications for Wastewater Treatment Plant, main treatment building, concrete and foundation works, City Project No. 4371, and recommended to approve plans and specifications and authorize call for bids.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE CHANGE ORDER FOR PROJECT NO. 4822,
PUBLIC WORKS FACILITY RENOVATION
Committee No. 3, Public Service, reported having considered the matter of Change Order No. 1, C.L. Linfoot, Public Works Facility Renovation, Project No. 4822, and recommended to approve deductive change order No. 1 in the amount of $23,204.00 to C.L. Linfoot.
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, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE EASEMENTS FOR PROJECT NO. 4698
Committee No. 3, Public Service, reported having considered the matter of permanent storm sewer easements along 10th Avenue South and along South 50th Street, Project No. 4698, and recommended to approve the easement and authorize proper City officials to sign the documents.
Committee No. 3, Public Service, reported having considered the matter of permanent storm sewer easements along 10th Avenue South from 48th to 49th Streets, Project No. 4698, and recommended to approve easement contingent upon engineer’s final review of the documents.
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 ENGINEER’S REPORT, PROJECT NO. 4824.2
Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Report for
Project No. 4824.2, Mill and Overlay Streets City-wide, Phase II, 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.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4998, PAVING DISTRICT NO. 576
The city engineer’s estimate of total cost of the construction of paving in University Village Addition in the amount of $ , was presented and read.
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4998, District No. 576, paving in University Village Addition (CDBG), and recommended to pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on 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.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7900.1 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Lucke that this resolution be and is hereby adopted. Carried 13 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5070, REHAB. PUMP STATION #13
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5070, Rehabilitate Pump Station #13 (CDBG), and recommended to approve plans and specifications, and authorize call for bids.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 5109, ALLEY PAVING
Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 5109, Alley Paving between 4th and 5th Streets, north of DeMers Avenue, and recommended to approve plans and specifications.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ACCEPT BID FOR PROJECT NO. 4824, MILL AND
OVERLAY STREETS CITY-WIDE, PHASE I
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4824, Mill and Overlay Streets City-wide Phase I (CDBG), and recommended to return bid to Thorson, Inc., unopened, because of failure to acknowledge addendum on outside of envelope and to accept the bid of Nodak Contracting in the amount of $533,448.85.
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, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the contract awarded.
ACCEPT BID FOR PROJECT NO. 5042, 7MG RESERVOIR
MODIFICATIONS
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 5042, 7 million gallon reservoir modifications (CDBG), and recommended to accept the low bid of Moorhead Construction Co., Inc. in the amount of $165,943.00.
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, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried and the contract awarded.
APPROVE CHANGE ORDER, PROJECT NO. 4854
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4854, Forcemain Replacement on Columbia Road from 17th to 24th Avenue South, Change Order #3, and recommended to approve the change order for Molstad Excavating, Inc., in the amount of $16,385.82 to be paid out of the Wastewater Capital Projects 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 the following voted “aye”: Council Members Brooks Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER, PROJECT NO. 4957
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4957, sanitary sewer on South 42nd Street from 17th to 29th Avenues South, Change Order #1, and recommended to approve the change order for D & D Torgerson Contracting dba Duckstad Contracting in the amount of $4,785.00, to be funded out of the Downtown Watermain Replacement Project.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved.
Council Member Babinchak asked to be excused from voting on this matter. It was moved by Council Members Beyer and Klave that Council Member Babinchak be excused from voting on this issue. Carried 12 votes affirmative.
Upon roll call the following voted “aye”: Council Members Brooks Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Bakken, Hafner, Martinson - 12; voting “nay”: none; Council Member Babinchak excused from voting. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER, PROJECT NO. 5015
Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 5015, Flood Mitigation, Change Order #5, and recommended to approve the change order for Nodak Contracting in the amount of $491,750.00.
It was moved by Council Member Klave and seconded by Council Member Lucke that this recommendation be and is hereby approved.
Council Member Babinchak stated that under the change order there is a chain link fence for the Belmont Road dike that had been discussed and questioned appearance and maintenance of the fence, and suggested that this be replaced with a temporary snow fence rather than the chain link fence because of appearance in the summertime and that the change order for that was approx. $20,000.
After some discussion it was moved by Council Member Babinchak and seconded by Council Member Beyer to remove the chain link fence from Change Order #5 and to add temporary fence during snow season. Carried 13 votes affirmative.
Upon call for the question as amended and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
ACCEPT BIDS FOR PROJECT NO. 5086, SOLID WASTE
BALING FACILITY
Committee No. 3, Public Service, reported having considered the matter of consideration of bids for solid waste baling facility, Project No. 5086, and recommended acceptance of the following bids: General contract: Construction Engineers, Ltd. in the amount of $2,972,800.00; Mechanical contract: Lunseth Plumbing & Heating Co. in the amount of $356,398.00; and Electrical contract, Samson Electric, Inc. in the amount of $182,587.00; for a total project cost of $3,511,785.00.
It was moved by Council Member Lucke and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
GRANT EXTENSION OF PHASE III HOUSING REHAB
PROGRAM
Committee No. 4, Urban Development, reported having considered the matter of extension of Phase III Housing Rehab Program, and recommended to grant a final extension to December 31, 1999.
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 CHANGE ORDERS AT CORPORATE CENTER
Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval to T. F. Powers Construction at the corporate Center in the amount of $9,899, contingent upon assignment of cost responsibility.
Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended approval to Corporate Center change orders to: T.F. Powers Construction in the amount of $2,010; Construction Engineers in the amount of $3,030; Lunseth Plumbing and Heating in the amount of $2,761; Construction Engineers in the amount of $11,136 (some tenant responsibility); and Northland, Ltd. in the amount of $476.
It was moved by Council Member Polovitz and seconded by Council Member Beyer that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE ARCHITECTURAL PROPERTIES AGREEMENTS
Committee No. 4, Urban Development, reported having considered the matter of Architectural Properties agreements, and recommended approval of the purchase and loan agreements for 15, 23, 25, 31, 101 and 107 South 3rd Street.
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, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CHANGE ORDER FOR RESIDENTIAL
ABATEMENT OF SEVERAL PROPERTIES
Committee No. 4, Urban Development, reported having considered the matter of change order for residential abatement Bid Package 47, and recommended approval of a change order to MAAC Metro in the amount of $10,447.50 for the abatement of 3 Lincoln Drive, 613, 615 and 702 South 4th Street.
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, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried,.
APPROVE SOUTH 3RD STREET CHANGE ORDERS
Committee No. 4, Urban Development, reported having considered the matter of South 3rd Street change orders, and recommended approval to change orders for: 1) Cameo Homes in the amount of $17,238.46 for work at 2 and 22 South 3rd Street; 2) Terry T. Rogers Construction in the amount of $3,095.40 for work on 12 South 3rd Street; 3) Gowan Construction in the amount of $8,137.00 for work on walls exposed in the demolition of the Sorlie Building and the salvage of bricks and cornerstones; and 4) Terry T. Rogers Construction in the amount of $1,941.56 for work on the elevator on the west side of South 3rd Street.
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, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried,.
AUTHORIZE MOVING OF STORAGE SHED ADJACENT
TO CITY HALL
Committee No. 4, Urban Development, reported having considered the matter of storage shed adjacent to City Hall, and recommended to request that the storage shed be moved no later than May 1.
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.
AUTHORIZE BIDDING OF TOWN SQUARE PROJECT
Committee No. 4, Urban Development, reported having considered the matter of authorization to bid Town Square, and recommended approval for authorization to bid the Town Square project.
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 CHANGE ORDR FOR DEMOLITION OF
BUILDINGS
Committee No. 4, Urban Development, reported having considered the matter of change orders for demolition, and recommended to authorize a change order to Tony Anderson Construction in the amount of $36,300 for demolition of the following: 3016 Elmwood Drive; 2635 Olson Drive; 613, 615 and 702 South 4th Street (homes); 106 49th Avenue South and 201 34th Avenue South (foundations and garages); 701 North 24th Street and 802 Lincoln (driveways and slabs); 712 South 4th Street and 130 Polk Street (slabs only); 206 and 728 Chestnut Street (driveways only); 1011 and 1015 Lincoln and 602 Walnut (sidewalks); and 712 Maple (2 garages); and to extend the contract completion date to December 10, 1999.
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, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried,.
APPROVE CHANGE ORDER TO THE AURORA
The Events Center Core Committee reported having considered the matter of CIN #135.15, and recommended that we approve the add to Southwest’s Recreation’s contract for $252,840.00 to provide the Magic Carpet pit lid and associated hydraulics.
It was moved by Council Member Babinchak and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
REPORT ON CHANGE ORDERS
The city auditor presented the listing of change orders that were approved at the October 20, 1999 Core Committee meeting:
CIN #164.01: add of $12,670 to Associated Plumbing’s contract for the high truss investigation, the cost should be funded by insurance.
CIN #149.04 and #149.05 were credits of $12,576 and $8,152, respectfully, from Herk Edwards for the structure below the center infills and for not having drop-down rails.
CIN #162.01: add of $4,403 to Associated Plumbing’s contract for an underground piping material change in the kitchen.
CIN #166.01: add of $1,341 to Wanzek’s contract and an add of $587 to Dakota Fire Protection’s contract for the coaches’ boxes revisions.
CIN #171.04: add of $29,448 to Havens Steel contract for the T-2 truss top cord moment connection bolts.
APPROVE ESTIMATES, VARIOUS PROJECTS
The city auditor presented and read the following estimate summaries for various projects: CDBG Monthly Estimate Summaries for $57,757.76 and $3,544,970.33; Flood Estimate Summary, $1,136,252.18; and Regular Estimate Summary, $5,065,524.79; for a total amount of $9,804,505.06.
It was moved by Council Member Lunak and seconded by Council Member Babinchak that these estimates e 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, Glassheim, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 13; voting “nay”: none. Mayor Owens declared the motion carried.
APPROVE CERTIFICATES OF COMPLETION
Communications were presented and read from the city engineer certifying that the contractors had successfully completed the construction of the following projects in a satisfactory manner, and recommended acceptance by the council; Paving/Street Lighting Project No. 4675; Storm sewer Project No. 4846; Project No. 4892, 1999 Loop Detectors; Watermain Project No. 4929; Sidewalk Project No. 4831, District No. 17; Paving Project No. 4930, District No. 571; Watermain Replacement Project No. 4978; Watermain Project No. 4979, District No. 266; Sewer Project No. 4993, District No. 403; and Sewer Project No. 5004, District No. 405.
It was moved by Council Member Lunak and seconded by Council Member Hafner that these recommendations be and are hereby approved. Carried 13 votes affirmative.
REFER VARIOUS ITEMS TO COMMITTEE
Various items were presented to the city council for their information and/or consideration:
1) Council Member Beyer presented the matter of the Congressional Housing Project unsold lots and concerned about multi-family housing. Joel Manske reported they have two developers interested in rest of the lots; GF Homes doing request for rezoning and meeting at Planning & Zoning, notice came out of the Planning Office.
2) Howard Swanson, city attorney, presented the matter of report on the refunds for labor payback and this report is as of October 29, and that as of that date they had refunded $447,000, budget allocated $550,000 and now only at 47% of property owners responding; that there will be some reimbursement from FEMA, however, the vast majority of the properties are CDBG acquired properties which would not provide any reimbursement. He stated they are unable to predict out of 338 letters, 159 responses to date, and don’t know what will happen with balance, but are sending out second notice advising them that they have until December 31 to make their application.
ADJOURN
It was moved by Council Member Lunak and seconded by Council Member Brooks that we do now adjourn until Monday, November 15, 1999 at 7:30 o’clock p.m. Carried 13 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
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Patricia A. Owens, Mayor