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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, October 2, 1995

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, October 2, 1995 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; absent: none.

Mayor Polovitz announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the issue.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER FOR
DEMOLITION OF SUBSTANDARD BUILDING AT 615
SOUTH 5TH STREET

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (dwelling) located at 615 South 5th Street, had been served by certified mail on October 10, 1995 to the owner of the property, said property being in substandard condition.

Mayor Polovitz asked if there was anyone present to present any pertinent facts concerning the matter to the council. There were no comments and Mayor Polovitz closed the public hearing.

Howard Swanson, city attorney, advised council this involves house on which council has had reports and other information provided to them, that the public hearing was set some time ago, and in order to move forward would need to find that the structure is substandard as defined in Section 10-0401 of the grand Forks City Code, and specifically subsections 01, 04, 05, 06, 07 and 08, that if they make that finding, council can then issue order of demolition.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that we find the structure to be substandard as defined by Section 10-0401 of the City Code, that a final order of demolition be issued and that the building be demolished by the City of Grand Forks and the cost thereof assessed against the land upon which the building stands or did stand. Carried 14 votes affirmative.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Hoeppner and seconded by Council Member McCabe that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 14 votes affirmative.

Finance Committee:
1) matter of review of franchise fees for electrical and gas utilities.
2) matter of request by EERC to obtain clean cities designation

Proposed appointments:
1) Pat Keeley to Grand Forks Central Business District Authority for 3-year term expiring September, 1998.
2) Cheryl Smith to Planning and Zoning (to fill unexpired term of Linda Ohlsen, said term expires August 4, 2000.

REPORTS OF OFFICERS

The city auditor's investment report for period ending September 30, 1995, was presented and read. It was moved by Council Member Hanson and seconded by

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Council Member Sande that this report be and is hereby received and filed. Carried 14 votes affirmative.

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from Bev Collings, secretary, Board of Zoning Adjustments, was presented and read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Thursday, September 21, 1995, that notice had been published as required and that the following appeals were heard: 1) Wayne and Cindy Kuster, 2907 Knight Drive, request for variance to the accessory building requirements to erect a garage, which was approved allowing the attached garage to exceed the allowed 1,000 sq.ft. by 230 sq.ft.; 2) Lloyd and Shirley Welsh, 620 Conklin, request for variance to the accessory building requirements to erect a storage addition, which was approved allowing construction of an addition to an existing garage/storage building and to reduce the required distance between the accessory building and principal building from 12 ft. to 5 ft. 6 in., thereby allowing the sideyard setback to be 3 ft.; 3) Dale D. Drake, Jr., 1101 4th Avenue North, request for variance to the accessory building requirements to erect an addition to the garage, which was approved allowing construction of an addition to the existing garage and reducing the sideyard setbacks from 3 ft. to 1 ft. 6 in.; 4) Martin Simmonds, 1204 Cottonwood Street, request for variance to the accessory building requirements to erect a garage, which was approved allowing construction of a garage and reducing the required distance between the accessory building and principal building from 12 ft. to 11 ft., thereby allowing the sideyard setback to be 3 ft.; and 5) Lloyd Hagen, 518 8th Avenue North, request for variance to the sideyard requirements to erect an addition to the dwelling, which was approved allowing construction of an addition to the house and reducing the required sideyard setback from 5 ft. to 1 ft. 6 in., thereby allowing the addition to be in line with the house, which is now located 1 ft. and 6 in. off the property line.

It was moved by Council Member McCabe and seconded by Council Member Hoeppner that this report be and is hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-17, dated October 2, 1995 and totaling $329,166.19, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Babinchak and seconded by Council Member Beach that these bills been 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 Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried and the bills ordered paid.

ADOPT RESOLUTION AUTHORIZING ISSUANCE AND
AWARDING SALE OF $670,000 SALES TAX REVENUE
(FOREIGN TRADE ZONE) BONDS, SERIES 1995E

The city auditor presented an affidavit of publication in the official newspaper of the city of the notice of public hearing and a sales tax revenue bond project this evening to consider a proposal to issue not to exceed $670,000 aggregate principal amount of its Sales Tax Revenue Bonds, Series 1995, pursuant to the authority of Chapter 40-35, NDCC and Ordinance No. 3473 of the City; that proceeds of the Bonds will be used to pay for all or a portion of the costs of financing an addition to a building located in the
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City's Foreign Trade Zone to be used by Technology Applications Groups, Inc.; and reported that no written comments had been filed with his office within the 20-day protest period.

Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter.

Wally Dornfeld, Springsted, Inc. reported that these bonds will be paid through a lease with TAG, Inc.

Mayor Polovitz closed the public hearing.

Committee No. 1, Finance, reported having considered the matter of sale of $670,000 Sales Tax Revenue (Foreign Trade Zone) Bonds, Series 1995E, and recommended that we award the sale to Dain Bosworth with a true interest rate of 6.21118% and adopt the resolution authorizing the issuance and awarding the sale of $670,000 Sales Tax Revenue (Foreign Trade Zone) Bonds, Series 1995E, to finance the improvement of the municipal foreign trade zone.

It was moved by Council Member Babinchak and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Babinchak introduced the following resolution and moved its adoption, which motion was seconded by Council Member Geller: Document No. 6628 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

ADOPT RESOLUTION AUTHORIZING ISSUANCE AND
AWARDING SALE OF $645,000 SALES TAX REVENUE
(AIRPORT REFUNDING) BONDS, SERIES 1995F

The city auditor reported that pursuant to the authority of Section 2-06-10 and Chapter 40-35, NDCC, the refunded bonds were issued to provide funds for the improvement of the municipal airport and air navigation facility (including an air flight service station and expansion of the air terminal facility); that a public hearing is not required as the Bonds are not "advance refunding bonds" within the meaning of Section 149(d) of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder; and that pursuant to provision of Section 40-35-09, NDCC, the City has determined to sell the Bonds at private sale.

Wally Dornfeld, Springsted, Inc., reported that the sale of these bonds provided a savings to the City of $287,000 during the life of the bond issue, the debt service payments have gone from about $147,000 to about $88,000, and that this is a refunding that is well worth the process and a good piece of financing.

Committee No. 1, Finance, reported having considered the matter of the sale of $645,000 Sales Tax Revenue (Airport Refunding) Bonds, Series 1995F, and recommended that we award the sale to Dain Bosworth with true interest rate of 5.54765% and adopt the resolution authorizing the issuance and awarding the sale of $645,000 Sales Tax Revenue (Airport Refunding) Bonds, Series 1995F.

It was moved by Council Member Babinchak and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 14 votes
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affirmative.

Council Member Babinchak introduced the following resolution and moved its adoption, which motion was seconded by Council Member McCabe: Document No. 6629 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none; whereupon the resolution was declared duly passed and adopted.

AUTHORIZE HEALTH INSURANCE COVERAGE FOR
CENTRAL BUSINESS DISTRICT AUTHORITY EMPLOYEES
UNDER CITY'S PLAN EFFECTIVE OCTOBER 1, 1995

Committee No. 1, Finance, reported having considered the matter of health insurance coverage for Grand Forks Central Business District Authority employees effective October 1, 1995 and recommended approval.

It was moved by Council Member Babinchak and seconded by Council Member Geller that this recommendation be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE PAYMENT OF CONSULTANT SERVICES FOR
GRAND FORKS AIR FORCE BASE RETENTION

Committee No. 1, Finance, reported having considered the matter of Grand Forks Air Force Base retention billing for services rendered by G. Schlossberg (Kutak Rock), and recommended that we approve payment in the amount of $54,300.57 from the Loan and Stabilization Fund.

It was moved by Council Member Babinchak and seconded by Council Member Geller that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor polovitz declared the motion carried.

APPROVE REQUEST FOR WAIVER OF LICENSE/PERMIT
FEES FOR VENDORS FOR FIRST NIGHT-GREATER
GRAND FORKS EVENT ON DECEMBER 31, 1995

Committee No. 2, Public Safety, reported having considered the matter of request for waiver of license fees for temporary food vendors and transient merchants for First Night-Greater Grand Forks, December 31, 1995, and recommended approval of the request.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE REMOVAL OF PARKING ON PORTION OF
2ND AVENUE NORTH AT 5TH STREET INTERSECTION

Committee No. 2, Public Safety, reported having considered the matter of removing parking at North 5th Street and 2nd Avenue North for newly signalized intersection, two to three spaces on 2nd Avenue approach, and recommended removal of three parking spaces on the south side of 2nd Avenue North at the 5th Street intersection.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 14 votes
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affirmative.

ADOPT RESOLUTION RECOGNIZING UND PHYSICAL
THERAPY CLUB AS PUBLIC-SPIRITED ORGANIZATION
ELIGIBLE TO CONDUCT GAMING, AND APPROVE PERMIT

Committee No. 2, Public Safety, reported having considered the application by UND Physical Therapy Club for raffle on October 22, 1995, and recommended that we adopt a resolution recognizing the UND Physical Therapy Club as a public-spirited organization eligible to conduct gaming, and to approve the application.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Council Member Sande introduced a resolution which was presented and read: Document No. 6630 - Resolution.

It was moved by Council Member Sande and seconded by Council Member Johnson that this resolution be and is hereby adopted. Carried 14 votes affirmative.

AUTHORIZE REDUCTION IN SPEED LIMIT ON 6TH
AVENUE NORTH FROM COLUMBIA ROAD TO NORTH
42ND STREET

Committee No. 2, Public Safety, reported having considered the matter of speed limit on 6th Avenue North (portion reconstructed) from Columbia Road to North 42nd Street, and recommended to reduce speed limit to 25 mph.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved.

John Thompson, city traffic engineer, stated he had placed memo relative to this matter on the council members' desks, reviewed several points in the memo supporting the 30 mph speed limit and recommended maintaining the 30 mph speed limit.

Schurkey Swanke, 1506 South 15th Street, spoke in support of maintaining the present 30 mph speed limit.

The following individuals appeared and spoke for a reduction in the speed limit from 30 mph to 25 mph because of concerns for pedestrian safety.

Dean Gisvold, 1013 Northwestern Drive
Joe Lewandowski, 3518 6th Avenue North (Mr. Lewandowski presented petitions containing approx. 500 signatures opposing the 30 mph speed limit)
Sharon Gates, principal, Lake Agassiz School.
Carmen Suminski, superintendent of School for the Blind, 500 Stanford Road.
Larry Hoiberg, assistant superintendent for elementary schools.

Tom Hanson, Webster, Foster & Weston, stated they designed project and expressed concern re. federal funding for future projects; that all of the improvements completed met pedestrian safety; that schools placed on collector streets because of traffic needs.

After further discussion and upon call for the question, the motion carried 14 votes affirmative.

AUTHORIZE ENTERING INTO AGREEMENT TO CONDUCT
STUDY OF GRAND FORKS POLICE DEPARTMENT
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Committee No. 2, Public Safety, reported having considered the matter of agreement with Ralph Andersen & Associates as police consultant, and recommended to approve agreement with Ralph Andersen & Associates at a cost of $25,000.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved.

Council Member Sande stated she was a member of the police consultant task force, along with four officers and human resources officer, that this is not just morale issue, at issue: computerization, staffing, civilianization of number of positions within the department, etc., number of issues that should be looked at irrespective of just wages and salary; and strongly urged hiring of this police consultant.

Mayor Polovitz stated funding would come from Miscellaneous Contingencies Fund.

Richard Duquette, 1609 North 3rd Street, sergeant at police department and employee rep. for the department; stated that the department is facing complex issues: staffing, structuring, community policing, need professional assistance to bring procedures and ideas together and to implement those procedures. He stated this is good investment for the community as well as the department, that department has had some personnel issues which have cost community money, asking council to look to the future and to look to department as an infrastructure investment; and are asking for support in hiring of the consultant.

After further discussion and comment, and upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE ENTERING INTO AGREEMENT WITH
ENGINEERING CONSULTANT FOR EVALUATION OF
SLUDGE DEWATERING FACILITY, PROJECT NO. 4377

Committee No. 3, Public Service, reported having considered the matter of selection of engineering consultant for City Project No. 4377, evaluation of sludge dewatering facility at water plant, and recommended that we enter into an agreement with Advanced Engineering and Environmental Services, Inc.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE BUILDING PERMIT FOR PARK DISTRICT TO
CONSTRUCT BUILDING AT INDEPENDENCE PARK

Committee No. 3, Public Service, reported having considered the matter of building permit for Grand Forks Park Board to construct a building at Independence Park, and recommended to approve plan for the unisex bathroom.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

ACCEPT BID FOR ROCK SALT FOR ICE CONTROL

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Committee No. 3, Public Service, reported having considered the bid for rock salt for ice control, and recommended to accept the low bid of Cutler Magner Company in the amount of $11,531.00 for 325 tons of rock salt.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

ACCEPT BID FOR SAND FOR ICE CONTROL

Committee No. 3, Public Service, reported having considered the bid for washed sand for ice control, and recommended to accept the bid of Bradshaw Gravel Supply in the amount of $48,321.00 for 5850 tons washed sand as per specifications.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

ACCEPT BID FOR FRONT-LOAD CONTAINERS FOR
SANITATION DEPARTMENT

Committee No. 3, Public Service, reported having considered the bids for front-load containers for sanitation department, and recommended to accept the low bid of WasteCo Manufacturing in the amount of $152,885.00, with reduction in number of containers to keep within budget.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

AUTHORIZE SANITATION DEPARTMENT TO NEGOTIATE
BID WITH CAR BASH FOR SALE OF SCRAP METAL AT
LANDFILL

Committee No. 3, Public Service, reported having considered the bids for sale of scrap metal and appliances, and recommended to authorize sanitation department to negotiate bid with CAR Bash for sale of scrap metal and appliances at the landfill.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

ACCEPT BID FOR USED CRAWLER TRACTOR FOR
SANITATION DEPARTMENT

Committee No. 3, Public Service, reported having considered the bids for used crawler tractor for sanitation department, and recommended to accept bid of Butler Machinery Company in the amount of $171,500, with trade.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.
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APPROVE EASEMENTS AND QUIT CLAIM DEED

Committee No. 3, Public Service, reported having considered the matter of easement for electrical distribution, said easement located in the northwest corner of 17th Avenue South and South 48th Street, for and in consideration of the sum of $1.00 and other good and valuation considerations, grantor City of Grand Forks, grantee Nodak Electric Cooperative, Inc., and recommended approval.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Committee No. 3, Public Service, reported having considered the matter of temporary construction easement for Sanitary Sewer Project No. 4364, located at 6th Avenue North between North 51st and North 55th Streets, for and in consideration of the sum of $1.00 and other good and valuable considerations, grantor, Van Raden Properties, to City of Grand Forks, and recommended approval.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

Committee No. 3, Public Service, reported having considered the quit claim deeds for surplus real estate located at east-west alleyway between Cottonwood and Cherry Streets and between South 9th and 10th Streets, for and in consideration of the sum of $1.00 and other good and valuable considerations, grantor, City of Grand Forks to adjacent property owners, and recommended adoption of a resolution authorizing the above referenced property be sold at private sale for one dollar and other good and valuable consideration as recommended in a letter from the city assessor dated August 31, 1995, including the signing of the deeds.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE AMENDMENT TO ENGINEERING AGREEMENT,
PROJECT NO. 4322, ENGLISH COULEE DIVERSION
CHANNEL IMPROVEMENTS

Committee No. 3, Public Service, reported having considered the matter of construction engineering agreement for Project No. 4322, English Coulee Diversion Channel improvements, Amendment No. 2, CPS, Ltd. and recommended to approve the amendment in the amount of $11,034.00.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CHANGE ORDERS, VARIOUS PROJECTS

Committee No. 3, Public Service, reported having considered the change order No. 7 for Project No. 4002.1, Gateway Drive reconstruction, in the amount of $2,836.50, and recommended approval of the change order.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call vote the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.
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Committee No. 3, Public Service, reported having considered change order No. 5, Project No. 4002.2, North 47th Street reconstruction, in the amount of $3,450.30, and recommended approval of the change order.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call vote the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 3, Public Service, reported having considered change order Nos. 10 and 11, Project No. 4126, 32nd Avenue South construction, in the amounts of $3,816.50 and $1,569.50, respectively, and recommended approval of the change orders.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call vote the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

Committee No. 3, Public Service, reported having considered change order No. 1, Project No. 4223, bridge on North 55th Street, in the amount of $557.11, and recommended that the change order be approved.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

REFER MATTER OF AGREEMENT WITH DEVELOPER FOR
IMPROVEMENTS TO NORTH 48TH STREET BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of three-way agreement for street improvements on North 48th Street from Rose Avenue to 17th Avenue North, and recommended that we authorize entering into a three-way agreement with Nodak Contracting and engineering consultant authorizing them to improve North 48th Street from Rose Avenue to 17th Avenue North, and to include provision in the agreement for maintenance of the street by Nodak Contracting and subject to letter of no protest on future paving.

It was moved by Council Member Beyer and seconded by Council Member Klave that this recommendation be and is hereby approved.

Council Member Beyer and Klave asked that this matter go back to the committee. Mayor Polovitz referred the matter to the public service committee for further consideration.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, WATERMAIN PROJECT NO.
4340, DISTRICT NO. 243

The city auditor presented and read tabulation of bids which had been received and opened on September 25, 1995 for Watermain Project No. 4340, District No. 243, watermain on South Washington Street from 28th to 40th Avenue South, on 38th Avenue South from South Washington to South 11th Street, and on 40th Avenue South from South Washington to Clearview Drive, indicating that Duckstad Contracting, Inc. was the low bidder based on their bid in the amount of $440,521.80: Document No. 6631 - Bid Tabulation.

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The city engineer's estimate of total cost on Watermain Project No. 4340, District No. 243, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the bids for Project No. 4340, District No. 243, watermain on South Washington Street and 40th Avenue South, and recommended to accept the low bid of Duckstad Contracting, Inc. in the amount of $440,521.80.

It was moved by Council Member Beyer and seconded by Council Member Klave 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 Member Klave and seconded by Council Member Beyer that Council Member Babinchak be excused from voting. Carried 13 votes affirmative.

Greg Norman, property owner at 2950 South Washington Street, thanked council for deferring project for couple years, that project has changed and evolved into a better project.

Upon call for the motion and upon voice vote, the motion carried 13 votes affirmative; Council Member Babinchak excused from voting.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6632 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Klave that this resolution awarding the contract for Watermain Project No. 4340, District No. 243, to Duckstad Contracting, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Geller, Johnson, Hagness - 13; voting "nay": none; Council Member Babinchak excused from voting. Mayor Polovitz declared the resolution adopted and the contract awarded.

AUTHORIZE SELECTION OF CONSULTING ENGINEER
FOR INDUSTRIAL PARK EXPANSION PROJECT

Committee No. 4, Urban Development, reported having considered the matter of EDA grant application for Industrial Park expansion project and selection of consulting engineer, and recommended to concur with the recommendation of the Engineering Selection Committee in the selection of the firm of CPS, Ltd. with the following conditions: 1) the ability of CPS, Ltd. and proper City officials to successfully negotiate the contract for services; and 2) the understanding that CPS, Ltd. will provide the initial services for the preliminary engineering report on a gratis basis contingent upon EDA offering a grant to the City.

It was moved by Council Member Beach and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE GROUP ANNUITY CONTRACT 3001 WITH
AETNA DEFINED BENEFIT SERVICES

The Pension and Insurance Committee reported having considered the matter of group annuity contract 3001 with Aetna Defined Benefit Services, and recommended approval of the contract contingent upon receipt of a fee schedule from Aetna.

It was moved by Council Member Carpenter and seconded by Council Member
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Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Geller, Johnson, Hagness - 14; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE APPOINTMENTS TO MAYOR'S COMMITTEE
ON EMPLOYMENT OF PEOPLE WITH DISABILITIES

Mayor Polovitz announced the appointment of Donna Stumph and Donna Gunderson to the Mayor's Committee on Employment of People with Disabilities, and asked for concurrence in these appointments. It was moved by Council Member Hamerlik and seconded by Council Member Hoeppner that these appointments be and are hereby approved. Carried 14 votes affirmative.

APPROVE ESTIMATES, VARIOUS PROJECTS

Estimate Summary No. 275, dated September 30, 1995, and totaling $999,595.27, was presented and read.

It was moved by Council Member Klave and seconded by Council Member Hoeppner that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same.

Council Member Babinchak asked to be excused from voting on any estimates for Duckstad Contracting, Inc. It was moved by Council Member Klave and seconded by Council Member Hoeppner to excuse Council Member Babinchak from voting on any estimates pertaining to Duckstad Contracting. Carried 13 votes affirmative.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Geller, Johnson, Hagness - 13 and Council Member Babinchak voting on those estimates not involving Duckstad Contracting; voting "nay": none. Mayor Polovitz declared the motion carried.

APPROVE CERTIFICATES OF COMPLETION, VARIOUS
PROJECTS

Communications were presented and read from the city engineer certifying that the contractor had successfully completed the construction of the following projects in a satisfactory manner, and recommending acceptance by the council: Paving Project No. 3888; Pedestrian Bridge Project No. 4146.2, District No. 10; Watermain Project No. 4237, District No. 234; Watermain Replacement Project No. 4276.4; ADA Curb Ramp Construction Project no. 4300; and Storm Sewer Project No. 4374, District No. 364.

It was moved by Council Member Hoeppner and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

INTRODUCE NEW ASSISTANT DIRECTOR OF
PUBLIC WORKS

Mayor Polovitz introduced Charles Grotte, the new assistant director of public works to the council.

REFER VARIOUS ITEMS TO COMMITTEE

Various items were referred to the city council as follows:

1) Council Member Hanson suggested that the City have representation, in
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addition to the mayor, at the National League of Cities conference in Phoenix, AZ the end of November. Mayor Polovitz referred the matter to the finance committee.
2) Council Member Hagness reported matter of problem in Grand Forks with gangs, suggested task force to include reps. of social services, police department, city officials, etc. Mayor Polovitz informed council that there is a task force, however, not sponsored by council, but dealing with gangs through schools, etc. and he will get information to the council.

ADJOURN

It was moved by Council Member Beyer and seconded by Council Member Geller that we do now adjourn until Monday, October 16, 1995 at 7:30 o'clock p.m. Carried 14 votes affirmative.

Very truly yours,



John M. Schmisek
City Auditor

Approved:

Michael Polovitz, Mayor