Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 7, 2003
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, April 7, 2003 following the meetings of the Growth Fund Authority (JDA) and of the special committee of the whole at the hour of approx. 7:15 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim (teleconference), Gershman, Christensen, Kerian, Kreun - 7; absent: none.
Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.
Mayor Brown reviewed events of the past week and of the upcoming week:
1) he thanked the organizers of the Wacipi and Time-Out for a fascinating and educational program, Native American culture is so much a part of our community's history, present and future, and offers a chance to experience and learn.
2) he enjoyed the glimpse of India on Saturday night at the Chester Fritz, and thanked organizers for the invitation to take part in the evening and enjoy program and excellent food.
3) he stated that last Friday at the Multi-cultural Center they announced this year's Martin Luther King, Jr. awards for service to the community, and congratulations to recipients of awards, the Devils Lake High School for their contributions to the community, the Air Base and the State; and thanked the Era Bell Cultural Center and the UND administration for their combined effort in recognizing individuals in our community.
4) he thanked Keith Lund and Meredith Richards and the Urban Development crews for installing the patriotic banners downtown, these were special purchases for events like July 4th and Memorial Day but this is the right time to display our support and we should be doing everything we can to demonstrate our support to our servicemen and women.
5) he noted that April 7-13 is Public Health Week and would like the City of Grand Forks to join with Governor Hoeven and the State of North Dakota in recognizing the importance of public health activities, services and education; the actions of our local and state public health agencies benefit everyone.
MONTHLY FLOOD PROTECTION PROJECT UPDATE
Mark Walker, asst. city engineer, reviewed the update of the written flood protection project update, which was provided to the city council members.
There were questions regarding the $6 million addition to the cost of the project, how much of that is the City's share. Mr. Walker stated that at the current working estimate is going to cost the city of Grand Forks about $2 million more than what was projected when the assessments were calculated. The city auditor stated they will still be able to maintain the $52 million and be able to fund that additional $2 million either through the mill levy and increased valuations that continue to grow or through current sales tax dollars.
Council Member Christensen stated on Phase II he had heard there is an $8 million bid that is to be let for that but the acquisitions maybe impeded because if we don't have the property purchased, the Corps won't go with the bid. Mr. Walker stated relative to Phase II everything has been bid on that portion of the project, but have carved out a section of the project where they don't have title to the property and have
notified the contractor that he cannot work in those areas. and are trying to get those area acquired so the contractor has access to the entire project completed. It was noted that the bid has been let but the contractor has been precluded from operating in those areas until properties acquired. Mr. Walker stated that the Corps estimate has come out quarterly and has fluctuated up and down, but has gone down for the most part and this is first time increased since estimates have come out, and will continue to fluctuate.
Melanie Parvey-Biby, greenway coordinator, reviewed the update on the greenway, which had been provided to the council members and also reviewed upcoming meetings and events.
APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 1316 10TH AVENUE SOUTH
FOLLOWING PUBLIC HEARING
The city auditor reported that the notice of public hearing on the application by Bill Graveline, 511 Reeves Drive, to move a building from 1306 10th Avenue South to 1316 10th Avenue South to be used as a duplex rental had been published and posted as required.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The staff report from the Inspections Division relating to the public hearing for a moving permit application to move a single family home and detached garage from 1306 10th Avenue South to 1316 10th Avenue South, with recommendation to approve the moving permit to be used as a duplex rental with detached garage.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved and further that Mr. Graveline is authorized to move the building subject to
meeting conditions established. Carried 7 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
PROJECT NO.5408, DISTRICT NO. 589
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 589, Project No. 5408, paving on South 20th Street from 44th Avenue South to 47th Avenue South, had expired on March 31, 2003, and that he had received no written protests.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Kreun introduced the following resolution as to protests, which was presented and read: Document No. 8240 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Kerian that we find and determine an insufficiency of protest against Paving District No. 589, Project No. 5408, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF FINAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5408, DISTRICT NO. 589
The city auditor presented and read tabulation of bids which had been received and opened on March 17, 2003 for Paving Project No. 5408, District No. 589, paving South 20th Street from 44th Avenue South to 47th Avenue South, indicating that Aggregate Industries North Central Region, Inc. was the low bidder based upon their bid in the amount of $230,453.94: Document No. 8241 - Bid Tabulation.
The city engineer's estimate of total cost on Paving Project No. 5408, District No. 589, in the amount of $269,170.00, was presented and read.
The staff report from the engineering department relating to bids for Project No. 5408, District No. 589, paving South 20th Street from 44th to 47th Avenues South, with recommendation to award contract to Aggregate Industries in the amount of $230,453.94.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
Council Member Kreun introduced the following resolution, which was presented and read: Document No. 8242 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this resolution awarding the contract for Paving Project No. 5408, District No. 589, to Aggregate Industries North Central Region, Inc. be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 139, PROJECT NO. 5431
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 139, Project No. 5431, street lighting on 44th Avenue South from South 20th Street to South 25th Street, on 45th Avenue south from South 20th Street to South 25th Street, on South 20th Street from 44th Avenue South to 47th Avenue South and on South 25th Street from 44th Avenue South to 47th Avenue South, had expired on March 31, 2003, and that he had received no written protests.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Kreun introduced the following resolution as to protests, which was presented and read: Document No. 8243 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Kerian that we find and determine an insufficiency of protest against Street Lighting District No. 139, Project No. 5431, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, STREET LIGHTING
PROJECT NO. 5431, DISTRICT NO. 139
The city auditor presented and read tabulation of bids which had been received and opened on March 17, 2003 for Street Lighting Project No. 5431, District No. 139, street lighting in Southern Estates 1st and 3rd Additions, indicating that Ron's Electric, Inc. was the low bidder based upon their bid in the amount of $49,818.64: Document No. 8244 - Bid Tabulation.
The city engineer's estimate of total cost on Street Lighting Project No. 5431, District No. 139, in the amount of $59,479.43, was presented and read.
The staff report from the engineering department relating to bids for Project No. 5431, District No. 139, street lighting in Southern Estates 1st and 3rd Additions, with recommendation to award contract to Ron's Electric, Inc. in the amount of $49,818.64.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 7 votes affirmative.
Council Member Kreun introduced the following resolution, which was presented and read: Document No. 8245 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this resolution awarding the contract for Street Lighting Project No. 5431, District No. 139, to Ron's Electric, Inc. be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.
CITIZEN REQUESTS
Ross Weiler, 701 North 3rd Street, stated he has concerns regarding some perceptions on how we are proceeding to do business as a city, need to be aware of regional perceptions of us are, have had a lot of people in the past that have helped us a lot during and since the flood and crucial that we embrace them as members of the region and try to make Grand Forks a "destination city" for them. He stated he is struggling with a lot of issues:
1) water park - they will lose swimming pool soon and council wants to replace it with a water slide, however it is going to be on the west end of town and concerned that children in the north end of town won't have adequate transportation to that site - concerned with lack of a swimming pool end up seeing kids swimming in the river above the dam and great concern for north end kids. He stated if include with swimming pass to include bus activities so kids can get transportation to this new pool site. He stated another concern with water slide doesn't have value of a swimming pool, that swimming pool activities -exclude people (older people, handicapped, etc.)
2) another issue - are in such a rush forward and maybe losing way a little bit - the job of city government should be betterment, improving efficiencies of government, improving quality of life for people who fund this government though their hard-earned tax dollars - sales tax increase that has been proposed and with general regional image we are presenting, very concerned that we be as user friendly to people in this area that come here to shop, and perception that we're trying to pass our tax relief problems onto people who helped us out -
3) on-going landfill situation - shoving this problem down the throats of the Manvel residents without regard to their feelings on the issues, the baling facility is a good idea but need to get more information out so people don't have these hostile feelings that we're an uncaring big city and everyone in the region will have to work with whatever we dish out. He would like to see the thought of developing a rail spur to that site rather than trucking these bales up and down the Interstate, increase in traffic through Manvel on county road and could be hazardous to a lot of people's well-being. He stated things have gone around on the recycling bit and recycling may not be commercially viable and not upfront good use of taxpayers money but dealing with perception thing, and if require surrounding communities to recycle and can our own program, benefit of recycling isn't a cost to benefit issue, that recycling for the young people, have to get into mentality of using our resources wisely and not wasting them, consumer individual based thing, not a community based thing where the benefit is made, people feel good about doing recycling at their curbside because it's convenient, they see recyclables go into a bin, and into a truck and that they are doing something to help the environment and the community and limit the landfill overflow problem. He stated we need to look at running it efficiently, define savings, and encourage people who do not have items not to put it out unless full, put bins out when full.
4) concept of economic development - doesn't have problem with money being spent that way - the problem he has is that it is for the benefit of corporations, big entities and where we really need to make economic development a reality in this town is better wages so people can afford to pay their higher taxes with the new appraisals of their home - not raising taxes as far as the mill levy but if everybody's home is worth $6,000, or $7,000 more dollars, paying more in taxes and that is alarming.- as taxation one way or the other.
5) another item that continues to concern him is have a lot of empty buildings in this town, hotels that are struggling and encouraging another hotel to come to town.
He stated one of the things he has noticed in town is that there are a lot of pay-day loan shops that have opened up, these are legitimate businesses but they prey on people who are not being helped by traditional banks, etc. and are alarming to him because what they say about how people are struggling here. He stated to please contact him regarding these concerns and would be happy to talk to them.
Mayor Brown thanked Mr. Weiler for sharing his concerns and with thoughtful discussion and for the solutions.
APPROVE CAPITAL IMPROVEMENTS PROGRAM
POLICY STATEMENTS
The staff report from the Capital Improvements Program Committee relating to Capital Improvements Program Policy Statements, with recommendation to approve the revised Capital Improvements Program Policy Statements.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION CREATING ASSESSMENT
DISTICT, STREET IMPROVEMENT DISTRICT NO. 91,
PROJECT NO. 5446
The staff report from the engineering department relating to creating special assessment district for Project No. 5446, District No. 91, mill and overlay 1800 and 1900 blocks of Cottonwood Street, with recommendation to approve engineer's report, create special assessment district, direct engineering
department to prepare plans and specifications and advertise for construction bids for Project No. 5446, District No. 91.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved, that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 7 votes affirmative.
Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8246 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
ACCEPT ENGINEER'S REPORT, STREET IMPROVEMENT
PROJECT NO. 5446, DISTRICT NO 91
The city auditor presented and read the engineer's report for Street Improvement Project No. 5446, District No. 91: Document No. 8247 - Report.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this report be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, STREET IMPROVEMENT
PROJECT NO. 5446, DISTRICT NO. 91
Council Member Gershman introduced the following resolution of necessity, which was presented and read: Document No. 8248 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
ADOPT RESOLUTION CREATING ASSESSMENT
DISTICT, SEWER DISTRICT NO. 415, PROJECT NO. 5444
The staff report from the engineering department relating to creating special assessment district for Project No. 5444, District No. 415, sanitary sewer to serve 2700 and 2800 blocks of 36th Avenue South, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5444, District No. 415.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved, that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance these improvements. Carried 7 votes affirmative.
Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8249 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.
5444, DISTRICT NO 415
The city auditor presented and read the engineer's report for Sewer Project No. 5444, District No. 415: Document No. 8250 - Report.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this report be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION TO PREPARE PLANS AND
SPECIFICATIONS, SEWER PROJECT NO. 5444.
DISTRICT NO. 415
Council Member Gershman introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8251 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
AWARD CONTRACT FOR PROJECT NO. 5417, 2003
WATERMAIN REPLACEMENT
The staff report from the engineering department relating to consideration of bids for Project No. 5417, 2003 Watermain Replacement, with recommendation to award contract to low bidder, Ernst Trenching, in the amount of $297,248.50.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks,
Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
AWARD CONTRACT FOR PROJECT NO. 5450, 2003
CDBG WATERMAIN REPLACEMENT
The staff report from the engineering department relating to consideration of bids for Project No. 5450, 2003 CDBG Watermain Replacement, with recommendation to award contract to low bidder, Soberaski, Inc., in the amount of $261,817.50.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 5465, UNIVERSITY AREA STORM STUDY
The staff report from the engineering department relating to Study and Report Engineering Services Agreement for Project No. 5465, University Area Storm Study, with recommendation to approve agreement with Advanced Engineering and Environmental Services for study and report engineering services in the amount of $44,776.00 (hourly, not to exceed contract).
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE SIDEWALK REPAIR LIST FOR PROJECT
NO. 5409, 2003 SIDEWALK REPAIRS
The staff report from the engineering department relating to location list for Project No. 5409, 2003 Sidewalk Repairs, with recommendation to approve 2003 sidewalk repair list.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
APPROVE AMENDMENT NO. 2 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5229, UPGRADE
LIFT STATIONS 19 AND 25
The staff report from the engineering department relating to Amendment No. 2 to engineering services agreement with recommendation to approve Amendment No. 2 with Webster, Foster & Weston for additional construction administration services in the amount of $3,200.00.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE AMENDMENT NO. 25 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 4820
The staff report from the engineering department relating to Amendment No. 25 to Greater Forks Engineering Group for in-kind survey services for Project No. 4820, with recommendation to approve Contract Amendment 25 for professional services with Greater Forks Engineering Group regarding in-kind survey services related to property and right of way acquisition for constriction of the United States Corps of Engineers flood protection system for the city of Grand Forks. The contract is an hourly rate schedule with an estimated not to exceed amount of $180,000.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE AGREEMENT FOR RELOCATION OF GAS
TRANSMISSION LINES FOR PHASE III LEVEE
CONSTRUCTION PROJECT
The staff report from the engineering department relating to Viking Gas Transmission Company for relocation for Phase III, permanent flood protection project, with recommendation to approve an agreement with Viking Gas Transmission Company to relocate their two gas transmission lines need for the Phase III levee construction project (with an estimated cost of $266,794.00).
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE TRAILBLAZING AND WAYFINDING REPORT
The staff report from the GF-EGF Metropolitan Planning Organization relating to Trailblazing and Wayfinding Report, with recommendation to approve the Report.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
CONSIDER BIDS FOR PROJECT NO. 4948.3, RESIDUALS
FORCEMAIN, PHASE 3, DIRECT OPENING OF BID OF UNITED
CRANE AND EXCAVATION, INC., AND AWARD BID TO
LOWEST BIDDER CONTINGENT UPON CONCURRENCE
FROM CITY ATTORNEY AND ND DEPARTMENT OF HEALTH
The staff report from the engineering department relating to matter of bids for Project No. 4948.3, Residuals Force Main, Phase 3, with recommendation to return bid to Robert Gibb & Sons, Inc., open the
bid from United Crane and Excavation, Inc., award contract to the lowest bidder contingent upon concurrence from the city attorney and approval of the North Dakota Department of Health.
Dennis Wagner, Wagner Construction, International Falls, MN, stated that two weeks ago he heard the council's concern about the residuals forcemain, that there were four concerns expressed: 1) what was best for the city and the citizens of Grand Forks - to answer that his proposal was $430,000 under the estimated budget for the project and very good buy from a good contractor; 2) fairness to the other bidders - that he supplied council with copy of the instructions to the bidders which was attached to Addendum 1, the addendum that United Crane did not properly acknowledge; 3) fairness to the low bidder - there is not compensation for bidding on projects, usually a person knows the same day if he is low and can assume that if he is under budget or close, he will be awarded the job; that he bid this job on March 11, 2003, some of the materials and sub-quotes were only good for 15 days and he has been able to tell the suppliers and the sub-contractors as soon as he knows they will know, but there are timetables on these. The bids of Wagner, Molstad and Robinson have been opened and read, and would be unfair and put them in an unfair position if this bid would be reconsidered; 4) integrity of the bidding process - that it would be very shortsighted to waiver from the specifications and the engineer's recommendations for possible short-term gain by opening United Crane's bid. He stated they have no way of knowing if that is even the same bid, that if you apply the rules in one job, which he thinks they have to, then have to apply on all jobs. He respectfully asked that motion be rejected and to reject United Crane's bid and award the project to Wagner Construction.
Council Member Christensen stated in having considered this - that Gibbs is not here and United Crane is, that one could assume they think their bid is lower because they wouldn't be putting this up if they didn't know their bid was lower and probably can safely assume that it probably is lower unless some technicalities wrong with the bid that staff could reject it. He stated that the ND Statutes that staff operates under and writes the bid specs. says that we're supposed to award the bid to "..the lowest responsible bidder..", there is nothing in the Statutes that says we may waive irregularities, that he spoke with Mr. Swanson but he told him that the statute doesn't say that we may waive minor irregularities, and it has been brought to his attention by Mr. Walker, that Article 18.01 and the sentence that says we may waive this irregularity, "..Owner also reserves the right to waive all informalities (which is different than irregularities) and to negotiate contract terms with the successful bidder.." and doesn't know what that means, if it means that we didn't say what was right in the specs. or wrong in the specs. but could talk about it once they award the bid. He suggested that in the future when we draft bids that are going to have addendum, that it read as follows: "..Addendum ____ of ___" rather than the word through because it is much easier to acknowledge if its 2 of 2, and then no confusion, that our bid specifications and in the preparation of the envelope may have caused some irregularities to have occurred, and asked engineering staff to review documents in light of the confusion.
Mr. Walker stated that the bid envelopes are not prepared by staff but perhaps purchased through AGC, etc. and are pre-printed and seems to be standard that ND contractors are using when submitting bids, and would use caution if we were going to that because different from the industry standard. Council Member Christensen stated can't agree to continue to do it that way; and if this has caused this gentlemen some concern and if caused us concern, they maybe something that they should bring up with AGC and get it changed. Mr. Walker stated they would do that.
Mr. Swanson stated the issue before you has to do with two separate bids, one that appears to attempt to acknowledge receipt of 2 addendum and the other which is silent as to the number received, your decision tonight is based upon your discretion, you have the authority to determine that this is a minor irregularity and if so, waive it, need to make independent determinations for each bid and can be combined in one motion if that is your choice. The standard you are reviewing is whether or not the bid envelopes reasonably acknowledge receipt of the addendums issued by the City, and whether or not you determine a particular bidder has received a substantial advantage over another bidder. He stated that the bids were opened on the 11th of March and this is the first opportunity the council has had to act upon those bids and because of the deviation from the norm it is left, not in the hands of staff, but is brought to the council to make the decision and the bids have been in the possession of the City at all times so there is no opportunity to alter those bids.
Council Member Hamerlik stated that Mr. Christensen read the State law and asked Mr. Swanson for this reaction because it does not specify an attempt to waiver irregularities but where come from if we can. if we deem it possible. Mr. Swanson stated what Mr. Christensen read to you is a general statute on the award of contracts, the City clearly has the discretion and inherent authority to make determinations of minor irregularities or informalities and to waive those, can look at the Attorney General's opinion of 94-33 which was issued on November 23, 1994 or McQuillen's on Municipal Corporations Section 29.65.
Council Member Kreun stated we wanted to stay as consistent as possible, have had minor irregularities in the past and our guide has been the AGC for quite a few years and that would fall into place with what the AGC recommends and would make a motion to return the bid to Robert Gibb & Sons and open the bid from United Crane and Excavation, and award the contract to the lowest bidder, contingent upon the concurrence from the city attorney and approval of the North Dakota Department of Health. Council Member Kerian seconded the motion.
Council Member Hamerlik asked if they need to include minor irregularities in the motion. Mr. Swanson stated in light of the discussion you've had, that motion would be based upon the discussion appearing in record would be adequate.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
The city auditor opened the bid of United Crane and Excavation, Inc. and noted that the bid bond envelope was opened first and for the record the MBE/WBE sub-contractors lift station information is included as is the certificate of renewal from Secretary of State, as is the 5% bid bond. He then opened the bid with acknowledgement of Addendum 1 through 2 of Addendum 1 date 3/4/03 and Addendum 2 on 3/07/03 with no initial by them. Mr. Swanson stated he will review them and his initial opinion is it does not require an initialing by there as long as designated receipt of them, but will review them and doesn't feel that is appropriate for discussion at this time. The city auditor read the bid, which is $682,169.52.
Mr. Walker stated he would take the bid and tabulate it and verify that the math is correct and bring back in a short period of time.
ADOPT RESOLUTION SUPPLEMENTING RESOLUTION
NO. 8239 RE. COMMUNITY AQUATICS CENTER
A communication from Howard Swanson, city attorney, with the proposed resolution clarifying the original resolution, No. 8239, regarding the Community Aquatics Center, was presented to the council.
Council Member Kreun introduced the resolution clarifying Resolution No. 8239 regarding the Community Aquatics Center: Document No. 8252 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik to adopt the supplemental resolution. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": Council Member Brooks - 1. Mayor Brown declared the resolution adopted.
APPROVE AWARD OF CONTRACT(S) FOR PROJECT NO.
4948.6, GRAND FORKS WATER TREATMENT PLANT SITE
IMPROVEMENTS PART B, UNDERGROUND CONSTRUCTION
The staff report from the engineering department relating to consideration of bids for Project No. 4948.6, Grand Forks Water Treatment Plant Site Improvements Part B, Underground Construction, with recommendation to approve award of a contract to the lowest responsible bidder from the bid opening. A report from the engineering department was provided to the city council this evening recommending award of the bid to Molstad Excavating, Inc. in the amount of $994,813.50 contingent upon review and approval by the North Dakota Department of Health
Council Member Kreun stated that bids were opened after the last committee of the whole meeting and moved to award the contract to the lowest responsible bidder from the bid opening which was held on April 3 and which were presented to council this evening and read bids: Molstad Excavating bid Schedule A $98,000.00, Schedule B, $566,024.509, Schedule C, $330,789.00 for a total of $994,813.50; and Wagner Construction, Inc. bid Schedule A, $60,700.00, Schedule B, $569,197.57, Schedule C, $367,077.97, for a total of $996,875.54; and that the Engineer's Estimate was $998,000.00, and in concurrence with the engineering department and the city attorney, would recommend that we award the bid to Molstad Excavating for $994,813.50 contingent upon review and approval of the North Dakota Department of Health. Council Member Brooks seconded the motion.
Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
INFORMATIONAL ITEMS
The Portfolio Management Summary for March 31, 2003 was presented for council's information.
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment No. 03-07, dated April 4, 2003 and totaling $2,784,640.93 and Estimate Summary for Regular Estimates totaling $603,168.08 were presented and read. It was moved by Council Member Gershman and seconded by Council Member Kerian 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, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES MARCH 17, 2003
Typewritten copies of the minutes of the city council meeting held o Monday, March 17, 2003 were presented and read. It was moved by Council Member Kreun and seconded by Council Member Christensen that these minutes be approved. Carried 7 votes affirmative.
COMMENTS BY MAYOR AND CITY COUNCIL
1) Council Member Brooks thanked Mayor for getting banners, appreciates them and they look very appropriate; and asked status of strategic planning meeting, that it is one of the important items they have; and requested management report on staffing, probably quarterly, that most payroll systems generate that data. Charlie Bunce, HR director, stated they have some of that information on the AS400 and in the payroll system and can pull things together to get that information but if have a worry level they are looking at, can report as the worry level hits or can come out with a report - Council Member Brooks stated this is a management report and can prevent a worry level. Mr. Bunce stated he would like to look at a comparison type rather than raw data and would like to give a comparison of some sort - Council Member Brooks stated sick days taken or vacation days taken in a year, length of service of the employees, there must be some industry averages and that's vital information esp. when working with wage studies.
2) Council Member Hamerlik reported that the Legislative Committee has met every Friday since the Legislature session started, and to please note they have come to conclusion. He noted this committee was to coordinate the efforts of the City re. legislative matters and thanked those people on the committee and the League of Cities Office.
3) Council Member Christensen asked when they will get the first cut of where we stand as a community on the pay - were to get their first overview as to the new computer model which will tell us where we're at in our various divisions. Mr. Bunce stated they had the model set up and ready to go and was for the preview of the three members of the committee, council and mayor, but CIP meeting took precedence over that and are looking for time to reschedule. He stated they have 18 out of 21 surveys back and can run that model at any point in time they can meet. He also stated that the surveys are from cities and getting prevailing rate and the actual increases. Council Member Christensen suggested they run the report and provide it to council members for study and review as will need for budgeting process. Mr. Bunce stated the prevailing rate of ICMA is 3.5%, and rate from surveys is averaging out at 3% and they would plug these percentages out and total salaries - $600,000 potential increase in salaries, more because of pension.
4) Council Member Kreun stated he has had comments re. banners downtown and they appreciate that, and thanked mayor.
5) Council Member Gershman stated there is the Step into Spring Fitness with a Walk Break sponsored by the Grand Forks Public Health this week, that this is open to the public 10:00 a.m. and noon; that on Saturday night there was the 5th anniversary celebration of the Empire Arts Center, and tomorrow night is the Marilyn Hagerty Roast at the Ramada Inn.