Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, April 2, 2007
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, April 2, 2007 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim (teleconference), Gershman, Bakken, Kreun - 6; 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.
COUNCIL MEMBER CHRISTENSEN REPORTED PRESENT
Grade 2 of Century Elementary School, Lynette Gracier, teacher, led the city council in the pledge of allegiance to the flag.
Mayor Brown commented on various events during the past week and upcoming events:
He stated that this week city government and our community lost a good friend with the passing of Curt Siewert on Saturday, that Curt had worked with Urban Development since the 1980's and was involved in everything from summer youth programs to rebuilding our downtown, he was a man who could get things done and made many friends in the process and will be greatly missed.
He stated he has proclaimed April 2 - 7 as National Public Health Week, important to emphasize the need to stay informed about what types of emergencies are likely to occur in our region. The Public Health Department in conjunction with the Red Cross and UND College of Nursing will be sponsoring information booths April 5 at the Senior Citizens Center.
He thanked Dave Sena and the Board of Northlands Rescue Mission, that he and Council President Gershman attended a tour this afternoon and good to see positive effects of CDBG projects we have in our community.
He thanked everyone for the Home Show, it was a great success.
Good luck to the Sioux this weekend at the hockey tournament in St. Louis.
YOUTH COMMISSION REPORT
Mayor Brown stated this is the first of monthly reports from the Grand Forks Youth Commission, that the Commission was a product of the Cabinet on Young People to give youth a network and a voice in what is going on in the community. The Commission is made up of 24 youth representatives from all middle and high schools and have met twice.
Mandy Spicer, president of the Youth Commission, stated that some of their goals are to help get different activities for young adults in this community and get them involved in decisions, that they have met twice and one of the things they are working on is the end of the year dance which will involve the high schools and the middle schools. She stated they plan to meet every month, and Commission's job is to seek input from all the youth in the community, and will be reporting to council every month on what they do.
PUBLIC HEARING ON APPLICATION FOR PROPERTY
TAX EXEMPTION BY AURORA MEDICAL CENTER, LLC
AND REFER MATTER TO WORK SESSION OF THE COUNCIL
The city auditor reported that a public hearing on the application from Aurora Medical Center, LLC, 1451 44th Avenue South, Unit C, for a five-year 100% property tax exemption for a new business pursuant to NDCC Chapter 40-57.1 had been scheduled for this evening, that the required legal notice (notice to competitors of hearing on application for property tax exemption) had been published as required, and further that no protests or grievances had been filed with his office. Notices relating to the application and the public hearing had been sent to the Grand Forks School District, the Grand Forks Park District and the Grand Forks County Commission.
Mayor Brown opened the public hearing.
Dr. Thomas M. Peterson, Aurora Medical Center, made a video presentation and stated that they have between working on this project for about 10 years and have a lot of time and money into the project, and their purpose is to share the vision of the hospital and are asking for a full tax exemption on the proposed hospital building for five (5) years. The market they would serve would be current Grand Forks/East Grand Forks patients seeking care outside of the Grand Forks area and patients who bypass Grand Forks for medical care; that they provide basic full-service hospital care. He stated if they can move forward with the project they would anticipate a May 1 ground breaking and a two-year construction period, opening in the spring of 2009.
Benefits would be job creation, first year estimating 130 full-time equivalent positions with an average salary of $58,000/a year for salary and benefits; and when the project is fully developed project 500 total;
increase Grand Forks tax base $25 million from this hospital building only and entire campus when completed would add $60 million to the tax base of Grand Forks. He stated they are currently paying $300,000 at the Aurora Medical Park campus, taxes in 2007 will be almost $600,000 and in 2008 higher than that; they are projecting $18.5 million in first year of operating revenues and they are projecting new dollars to Grand Forks, and when fully mature the whole project on campus, hospital and other clinics, about $100 million/year in operating revenues.
He noted that they have tax abatement for the Stadter Center which received two 5-year step-down abatements, one in 2000 and now paying full taxes and just received the second step-down abatement, and have not asked for abatements on clinic buildings on the campus, and when compared their project and the complexity to a number of other businesses which received full exemptions (Canad Inns); and feel Aurora Hospital will benefit patients, people in our community and our state, and appreciates time in presenting their ideas. He stated they are asking for a 5-year, 100% tax abatement, for their property.
Dennis Reisenour, 428 Reeves Drive, director of planning and public affairs at Altru Hospital, stated that developers of the proposed Aurora Medical Center assert that their project will attract patients who now leave the area for care and that this will create an economic windfall by creating new jobs and that is their argument for tax exemption. He stated they look at actual claims data provided by Blue Cross to see where patients receive their care today, that in 2006 15% of the residents of Grand Forks County received hospital care outside the County, 85% of the people within our County are choosing to stay within the County for their health care in Northwood and in Grand Forks, of those leaving the area, 4% received care in Fargo and 11% bypassed Fargo to receive care in Rochester, Twin Cities or elsewhere, and if choice were the issue most patients would be receiving care in Fargo if they choose to leave Grand Forks, those bypassing Fargo must be going for other reasons and a large portion of patients who leave the region are referred to other centers by Altru physicians for highly specialized care not available in Grand Forks and very often not available in Fargo. Altru Health System takes issue with the project's assertion that it would create new business, and Aurora's success can only come by attracting a large number of patients from Altru Health System, it is their right to do so, but this would not be new economic activity and that they believe that a tax exemption is unjustified. He stated they have no qualms about competition but concerned about private entrepreneurs and physicians creating their facilities and that the utilization in those regions has gotten very high and thinks the community should share that concern about what this will mean in total for the health care market and costs in the area.
Mel Carsen, city assessor, reported that in the past each case is weighed on its own merits, if found project that was qualified and lacked competition, and not create an unfair tax advantage, typically granted a 5-year step-down (100% first year, 80% second, 60%, 40% and 20%), and that amounts to a 3-year 100% exemption spread out over 5 years. He stated some of the more recent exemptions under this provision - Canad Inns received 5-year 100% exemption; Concrete Pre-cast Fabrication Plant, 5-year 100%, and Strata, Landmark Investments, 5-year 100% granted by the County prior to its annexation.
Mr. Carsen stated Altru Hospital is tax exempt; that hospitals licensed under a certain section of law and owned by a non-profit medical corporation, is exempt from taxation in North Dakota; clinics are typically not a non-profit operation, even though owned by a non-profit corporation, they would typically be taxable, and that is the way they have treated Altru - their rehab. hospital and a portion of the cancer center treated those as hospital related businesses and tax exempt and all the other property is taxable, the main clinic and about 3 or 4 satellite clinics. He stated this exemption is available to any new or expanding business venture by State definition, these exemptions are typically granted to primary sector business and council should perhaps decide if this is a primary sector business, if not then not sure the exemption should be considered. A primary sector business as they defined it was a certain percentage of their business comes from at least 50 miles from the center, and 50% of their business would serve from outside of the 50 mile range, based on that definition he thinks this maybe a primary sector business but that is something they may have to consider.
There was considerable discussion relating to the fact that the County assesses approx. $1 million in taxes for ambulance fund, and how would that be utilized by Aurora; emergency room care and policy on charity or indigent care and how handled between the two hospitals.
Dr. Peterson stated they are open to working with the community hospital re. ambulance service; and Dr. Casey Ryan, president of Altru Health System, stated most of the dollars for ambulance service are serviced with tax dollars of mill levy through the County; small portion that goes to Northwood and tax dollars would be servicing a for-profit entity. Dr. Peterson stated they are not looking for any tax dollars from an ambulance service, haven't requested and wouldn't expect that.
Dr. Peterson stated their hospital would provide emergency service, 24-7, and unlikely they would be a designated trauma center like Altru or Merit Care because smaller but would provide and legally would have to provide any emergency services and in event had trauma cases, would stabilize them and transport them or have them transported to the nearest trauma center. Dr. Ryan stated that is distinction between the not for profit, 24/7, that Altru has a level 2 trauma center, that many time people involved in trauma do not have health care insurance but need care and distinction is not about competition but difference between a not for profit community owned hospital and a for profit medical center that has investors that want to deal with the profits, whereas with Altru the profits go back into the community to service and take care of programs that will not otherwise be available to this community; no problem with competition but shouldn't be supported with a tax abatement.
Dr. Peterson presented figures from the Stadter Center, they projected in their number that Aurora Hospital would have an insurance mix of 40% commercial insurance payers and 60% government insurance and indigent care and self pay, and would serve the same population as any hospital in the region. Dr. Ryan stated that the numbers for Altru would approx. 45% commercial insurance and 40% Medicare and 7% Medicade and balance self pay or charity care.
Council Member Gershman stated that they (Aurora) and other investors seem to feel that there is a need for this in Grand Forks, and if they believe there is a market in this area for a second hospital, would they build it without a tax abatement. Dr. Peterson stated they would have to go back and look at the feasibility, change some things, their numbers didn't have real estate taxes figured in for the first 5 years when figured their projections and go back to the drawing board.
Dr. Peterson stated they would like to get an answer from the council today, because of the complexity and the risk, very difficult to start a hospital but believes they are giving a great service for people here and in a huge region; and that is why they asked for a full 5 year real estate tax abatement, and would ask that the city council vote and would accept a step-down if that is their decision, although had hoped because of complexity of size and new dollars it would bring to Grand Forks, that they consider a full five year abatement.
Mr. Carsen stated that he believes that the Altru Clinic Systems is a taxable entity, that the agreement that they made with Altru in 1997 that there might be some parts in the clinics that were hospital services and exempt and also some parts of the hospital that might be taxable portions, and as a joint agreement they decided to continue to tax the clinics and continue to exempt the hospital, but to say that Altru Clinics could get a tax exemption doesn't think that is true, Altru Clinics in his opinion are firmly taxable. Altru Hospital is not paying any taxes on the hospital, the Rehab or the hospital portion of the cancer center
Council Member Christensen reviewed comments, that if they granted a tax abatement, step-down or otherwise, and inasmuch as the Hospital isn't paying tax, not sure that have an anticompetitive situation and if come to that belief that becomes decision point. He stated in looking at the assessor's numbers and if were to grant a 5-year step-down, would be $1,587,000 that would be forgone in taxes for 5 years - 3 year full break, and in looking at issues new hospital paying $600,000 in taxes at end of 5 years; health care is an industry, one of the biggest in the U.S., and if risk takers want to present a different level of care in our community that they believe isn't being provided, and if can facilitate that and cost collective community $1.5 million in tax and only 23% to us; doesn't think could support a 5-year break. Dr. Peterson stated they would still request the council to make a decision tonight and would accept the 5-year step-down if that is the council's decision, and would help them in moving forward.
There was some discussion re. Altru is sole provider in Medicare and Medicaid and that there is an extra amount of money that is given at the end of the year for being a sole provider and that would be eliminated at this point in time because there would be two providers. Dr. Ryan stated that the sole provider status goes into effect only for Medicare patients and if the second hospital would have greater than 10% of the Medicare population in Grand Forks that would go into effect; l - greatest risk of losing that sole provider status is if those numbers are exceeded; would have to look at Medicare admissions which would be approx on the hospital side, about 11,000 admission per year and of those 50-60% of those would be Medicare admissions.
Council Member Kreun stated that our job is to make sure that we appreciate the entrepreneurship of new business but also want to keep a level playing field, and potentially they will lose this whether they get a tax abatement or not, or keep it whether you get a tax abatement or not - it is gone no matter what; and that puts them at a disadvantage for the indigent care and charity care and that is where some of that funding is used, and could take several million dollars out of the community and give them a $1.5 million tax break. Dr. Peterson stated their numbers do show $18.5 million and those are new dollars to Grand Forks - their hospital will see indigent people, Stadter Center does, about 4-5% and will probably be the same percent.
Joanne Wicker, East Grand Forks, stated that she believes that the people need to have a choice for another hospital, that she has had to go outside of Grand Forks explained reasons for going to Fargo because of length of time to get an appointment.
Kevin Christensen, partner in the Aurora project, questioned what would happen if they decided to partner with a non-profit, that there are several that are very interested in their project, and no tax dollars for the city in their project. He stated they wouldn't have tax revenue unless they build their project, should not be an opponent to their project but excited about embracing their project as Altru should because it makes better community.
Dr. Mark Peterson, an independent family physician in town with the Aurora Medical Park, stated he is a local resident of the city, that he started his independent practice a year go and is so busy that he can't hire enough practitioners to come and join him, that he sees patients from outside the city who choose not to see physicians in their smaller rural communities, see patients who choose not to use the community hospital in town; and not about competition with Altru but providing a choice for patients.
Mayor Brown closed the public hearing.
Council Member Gershman stated this is major decision and some questions unanswered, suggested moving this to the work session for further discussion; and moved to refer this matter to a work session of the city council, with work session to be held on Wednesday, April 4, 2007 at 4:00 p.m. in the council chambers and to bring back next Monday for special city council meeting. Council Member McNamara seconded the motion. Carried 6 votes affirmative, Council Member Brooks voted against the motion.
APPROVE 2006 CONSOIDATED ANNUAL PERFORMANCE
EVALUATION REPORT (CAPER)
The matter of the 2006 Consolidated Annual Performance Evaluation Report (CAPER), with recommendation to hold public hearing on 2006 Consolidated Annual Performance Evaluation Report.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
It was moved by Council Member Brooks and seconded by Council Member Kreun that the 2006 Consolidated Annual Performance Evaluation Report be approved. with the Consolidated Plan available to the public. Carried 7 votes affirmative.
ADOPT RESOLUTION VACATING PARTS OF PARK
AVENUE AND NORTH 1ST STREET
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate parts of Park Avenue and North 1st Street lying north and east of Lots 9 through 15, Block 16, Riverside Park Addition to the city of Grand Forks, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.
Mayor Brown opened the public hearing, there were no comments, and the public hearing was closed.
It was moved by Council Member Gershman and seconded by Council Member Kreun that we find and determine an insufficiency of protest to the proposed vacation, and introduced the following resolution which was presented and read: Document No. 9023 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION VACATING TRAIL EASEMENT
LYING EAST OF LINCOLN PARK GOLF COURSE
BETWEEN LINCOLN DRIVE AND ELKS DRIVE
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a trail easement lying east of Lincoln Park Golf Course between Lincoln Drive and Elks Drive, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
It was moved by Council Member Kreun and seconded by Council Member Bakken that we find and determine an insufficiency of protest to the proposed vacation, and introduce the following resolution which was presented and read: Document No. 9024 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this resolution be adopted. Carried 7 votes affirmative.
ADOPT ORDINANCE NO. 4176 AMENDING SECTIONS
9-0219 AND 21-0223 OF THE CITY CODE RELATING TO
POSSESSION AND CONSUMPTION OF ALCOHOLIC
BEVERAGES ON PUBLIC RIGHTS OF WAY, STREETS, ALLEYS
An ordinance entitled "An ordinance amending Sections 9-0219 and 21-0223 of the Grand Forks City Code relating to possession and consumption of alcoholic beverages on public rights of way, streets, or alleys", which had been introduced and passed on its first reading on March 19, 2007 and was presented and read for consideration on second reading and final passage.
Mayor Brown asked for comments relating to the ordinance.
Howard Swanson, city attorney, stated the intent of this ordinance is to correspond Section 21-0223 and 9-0219 because they are dealing only with public rights of way or streets and alleys and are not considered licensed premises, the word authorization is a broader word to intend or reflect action taken by the council to allow either the consumption or service of alcohol on those public rights of way, that it may include special event permits such as street dances, etc. or it may refer to the allowance of alcohol being served, sold or consumed in the course of a sidewalk café. He stated the only thing that is occurring is a non-substantive change to modify these two provisions so that they read identical, that currently there are omissions in one that are contained in the other, only making these two consistent.
Bill Vasicek, 1415 Walnut Street, and Tom Volk, 1029 Garfield Avenue, asked what the specific steps are of acquiring that authorization from the council. It was noted that the application is made through the finance department's office, then to a committee of the whole for consideration, and then to the city council meeting at their next meeting for action.
Mr. Swanson requested a change in Section 21-0223, to add the phrase "right of way" in the second line after the word "public" and before the word "street"; and in the fourth line after the word "public" and before the word "street" add the phrase "right of way" and that those are intended to mirror Section 9-0219.
Mayor Brown closed the public hearing.
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Christensen and Bakken. Carried 6 votes affirmative.
It was moved by Council Members Christensen and seconded by Council Member Kreun to amend the ordinance as requested by the city attorney. Carried 6 votes affirmative; Council Member Gershman recused.
Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none; Council Member Gershman recused. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4177, CORRECTING PUBLISHED
PROVISIONS OF SECTION 9-0113(1) RE. MINOR IN
POSSESSION OF OR CONSUMING ALCOHOLIC BEVERAGES
An ordinance entitled "A technical corrections ordinance correcting the published provisions of Section 9-0113(1) of the Grand Forks City Code relating to minor in possession of or consuming alcoholic beverages", which had been introduced and passed on its first reading on March 19, 2007, was presented and read for consideration on second reading and final passage.
Mayor Brown asked if there were any comments, there were none.
Council Member Gershman asked to be recused from voting on this matter and it was so moved by Council Member Bakken and seconded by Council Member Christensen. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none; Council Member Gershman recused. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4178, AMENDING SECTION
2-1002(11) OF THE GRAND FORKS CITY CODE RELATING
TO RIGHT OF EMINENT DOMAIN
An ordinance entitled "An ordinance amending Section 2-1002(11) of the Grand Forks City Code relating to right of eminent domain", which had been introduced and passed on its first reading on March 19, 2007, 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, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4179, ANNEXING ALL OF
HOMESTEAD GROVE THIRD ADDITION
An ordinance entitled "An ordinance to annex all of Homestead Grove Third Addition to the city of Grand Forks, ND", which had been introduced and passed on its first reading on March 19, 2007, was presented and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4180, ANNEXING ALL OF
HIGHLAND POINT SECOND RESUBDIVISION
An ordinance entitled "An ordinance to annex all of Highland Point Second Resubdivision to the city of Grand Forks, ND", which had been introduced and passed on its first reading on March 19, 2007, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVE 10-YEAR FLOOD ANNIVERSARY ACTIVITIES
AND BUDGET
The staff report from the city administrator relating to 10-year flood anniversary, with recommendation to authorize the flood anniversary event activities and budget, and authorize the dedication of the greenway pedestrian bridges for former Mayor Owens and Mayor Stauss.
Rick Duquette, city administrator, reported that he had appeared before the East Grand Forks city council on Tuesday evening of last week, that he and Mr. Brooks outlined some of the events for the Grand Forks' side of the activities for the flood anniversary, and presented the committee recommendations related to the bridge dedications, the EGF city council is going to take those recommendations into consideration and discuss that in their meeting related to Mayor Stauss; and this evening would only be asking the city council to authorize the dedication of the bridge for Mayor Owens. He stated he appreciated the work and the lead that the mayor and city council have taken with the private sector related to raising funds for the celebration event and has been very productive.
It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved relating to the anniversary activities and budget, and to authorize the dedication of the greenway pedestrian bridge for former Mayor Owens. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
Council Member McNamara stated there has been discussion in the community that this was done in a small group, and a question of where we are at with the contract with Los Lobos. Mr. Duquette reported that they started putting together a committee last May, have a large committee of about 30 people, including East Grand Forks city council and Mr. Brooks representing East Grand Forks as city administrator, Grand Forks council members and felt that the process has been very open and have had a lot of input from the community and recommendations from the committee.
Mr. Duquette stated the committee developed these recommendations related to the entertainment, and they have documented what they need for fees and information, etc. and contract has been submitted to Los Lobos and execution of the contract pending authorization from the city council for the budget.
Council Member McNamara stated that the motion they just passed included the budget, and that his only comment is that the community under whelmed with Los Lobos and the $43,000, that he doesn't know how much wiggle room you have between now and the time that has to be executed, and his thought is that the sentiment has been expressed to him that more local talent for about a quarter of the price seems to be a good deal, and at the eleventh hour not sure that is executable but wanted to give his input on that and whatever they do will support.
APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO COMMERCIAL
AND RESIDENTIAL BUILDINGS AT VARIOUS LOCATIONS
The staff report from the city assessor relating to applications for exemption of remodeling improvements to commercial and residential buildings at the following locations, with recommendation to grant exemptions of increased value for 3 years: 312 Kittson Avenue; 4 North 19th Street; 714 Campbell Drive; 916 Cottonwood Street; 918 Belmont road; 606 South 4th Street; 1914 5th Avenue North; 901 Almonte Avenue; 905 Almonte Avenue; 3450 Gateway Drive; 701 North 4th Street; 1634 Earl Circle; 5030 4th Avenue North; 117 Walnut street, 1123 Shakespeare Road; 1913 12th Avenue North, 706 South 22nd Street; and 2618 11th Avenue South.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor brown declared the motion carried.
RESCHEDULE BOARD OF EQUALIZATION MEETING
The staff report from the city assessor relating to City Board of Equalization, with recommendation to extend the City Board of Equalization from April 10, 2007 to May 14, 2007.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
APPROVE COST PARTICIPATION, CONSTRUCTION AND
MAINTENANCE AGREEMENT WITH NDDoT FOR
PAVING PROJECT NO. 5988
The staff report from the engineering department relating to Cost Participation, Construction and Maintenance Agreement for Project No. 5988, paving 40th Avenue South (South 20th street to South Washington Street), with recommendation to approve execution of the Agreement with the NDDoT, contingent on final staff and city attorney review.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5988, DISTRICT NO. 627
The city engineer's estimate of total cost of the construction of paving on 40th Avenue South from South 20th Street to South Washington Street in the amount of $ , was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5988, District No. 627, paving 40th Avenue South from South 20th Street to South Washington Street, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Bakken introduced the following resolution which was presented and read: Document No. 9025 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Christensen that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 6059, DISTRICT NO. 453
The city engineer's estimate of total cost of the construction of trunk storm sewer crossing on 40th Avenue South (1600 block) in the amount of $ , was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6059, District No. 453, trunk storm sewer crossing on 40th Avenue South (1600 block), with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Bakken introduced the following resolution which was presented and read: Document No. 9026 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Christensen that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative
AWARD CONTRACT FOR PROJECT NO. 5498, PAVING
DESIREE DRIVE CUL-DE-SAC
The staff report from the engineering department relating to bids for Project No. 5498, paving Desiree Drive cul-de-sac, with recommendation to award contract to low bidder, Opp Construction, in the amount of $54,347.50.
DeWayne Johnston, 223 Northridge Hills, and Michael Marcotte, 825 Shadyridge Court, expressed concern re. paving of the whole of Desiree Drive with costs of up to $800,000; that property owners are not interested in the project, and questioned doing a project of this magnitude for 3 people.
Council Member Kreun stated this bid is for the dry side of the dike and what is happening with Desiree Drive on the wet wide of the dike is that bid has been authorized and in two weeks will have the bids for that project and will know what the cost will be, and property owners will be able to give council their input as to whether that will go forward or not. He stated one of the things that will happen is that there are 4 components to that bid, to extend water and sewer, storm sewer and streets. It was noted that this is not the issue that is before council tonight.
It was moved by Council Member Kreun and seconded by Council Member Christensen to approve the recommendation for Project No. 5498 to Opp Construction, LLC. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
AWARD CONTRACT FOR PROJECT NO. 6099, 2007
WATERMAIN REPLACEMENT
The staff report from the engineering department relating to bids for Project No. 6099, 2007 Watermain Replacement, with recommendation to award contract to low bidder, United Crane & Excavation, in the amount of $300,925.50.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE AGREEMENT FOR PROJECT NO. 6138,
MAINTENANCE OF PEDESTRIAN BRIDGES WITH
CITY OF EAST GRAND, MN
The staff report from the engineering department relating to agreement with East Grand Forks for maintenance of the pedestrian bridges, Project No. 6138, with recommendation to approve agreement, contingent upon review by the city attorney.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
APPROVE ENGINEER'S FOR PROJECT NO. 5631, SAFE
KIDS COALITION, NDDoT/SAFE ROUTE TO SCHOOL
GRANT APPLICATION
The staff report from the engineering department relating to engineer's report for Project No. 5631, Safe Kids Coalition, North Dakota Department of Transportation/Safe Route to School Grant Application, with recommendation to approve the engineer's recommendation and direct the engineering department to forward all necessary and required information to the Grand Forks/East Grand Forks Metropolitan Planning Organization for preparation of the 2007 North Dakota Safe Routes to School Grant Application.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
AWARD BIDS FOR PROJECT NO. 5969, NORTHSIDE
FIRE STATION EXPANSION
The staff report from the fire department relating to consideration of bids for Project No. 5969, Northside Fire Station Expansion at 1015 North Columbia Road, with recommendation to award general contract to Diversified Contractors in the amount of $458,800.00; to award electrical contract to RBB Electric, Inc. in the amount of $44,433.00; and to award mechanical contract to C.L. Linfoot, Inc. in the amount of $36,527.00. They further recommended allowing a contingency of $23,240.00 in order to negotiate with contractors to allow the completion of additional alternatives as originally bid, and that general alternatives G-3 and G-6 are deemed important to this project.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contracts awarded.
APPROVE REQUEST FOR SPECIFICATIONS FOR
FURNITURE FOR COMMUNITY SERVICES AREA IN
POLICE BUILDING
The staff report from the police department relating to request for proposal specifications, with recommendation for approval of the specifications for furniture for Community Services area in the Police Building.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
DENY REQUEST FOR CONDITIONAL USE PERMIT ON
GATEWAY DRIVE NEAR NORTH 47TH STREET FOR
CONSTRUCTING BUILDING TO BE USED AS CONTRACTOR'S
SHOP
The staff report from the Planning and Zoning Commission relating to request from Marlan Shull for approval of a conditional use permit (CUP) for Lot B, Block 2, Airport 5th Addition to the city of Grand Forks, ND (located on Gateway Drive near North 47th Street) for the purpose of constructing a building to be used as a contractor's shop for storing tools, equipment, and materials for general purpose use, with recommendation for approval of the request with the following conditions: 1) no outdoor storage is allowed, 2) the immediate expiration of CUP if the use of the building changes from a contractor's shop, 3) resubmittal to the Planning & Zoning Commission and city council is required for reconsideration if expansion occurs, 4) requires site plan approval on the site, and 5) design review of the building facades by the Planning & Zoning Executive Committee.