Council Minutes
15
April 7, 2008
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 7, 2008
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, April 7, 2008 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7.
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.
Boy Scout Troop 1 led the council in the pledge of allegiance to the flag.
Mayor Brown commented on various items during the past week and upcoming events:
He stated he proclaimed this week, April 7 - 11, 2008, as Municipal Government Week and leading us tonight is the Mayor for a Day, 4th grade essay contest winner, Grace Roehl, from West Elementary School. Grace Roehl read her essay on If I Were Mayor for a Day.
He stated that Honorable Mention in the contest is Elysa Rocha from Century Elementary School and she read her essay.
He noted they have special events all week in Grand Forks with council members participating, Mr. Hutchison delivered meals for the Senior Citizens Center today, Mr. Gershman was "lunch lady" at Wilder School, and our council members are in the process of scheduling more events and thanks to all involved in organizing this effort to educate and raise awareness about what goes on in municipal government throughout the city.
He stated he was proud of all the groups involved in this weekend's different events - Mr. Duquette heading up coordination at the Alerus Center, the police, public works, fire, health, traffic, engineering and public information and many more entities that put forth a top notched plan. He thanked all involved with the planning and thanks to our Congressional delegation, and the North Dakota Democratic Convention organizers for pulling off an event bigger than what they had originally planned. He thanked Mr. Glassheim who was instrumental in getting the Convention back to Grand Forks, that without a convention there would not have been an historic event Friday. Our community thanks all of those involved.
Rick Duquette, city administrator, stated this was a phenomenal event in our community when Senators Obama and Clinton visited us last Friday, those things don't happen without a lot of work, and thanked Steve Hyman, executive director of the Alerus Center, and his staff for exceptional coordination with the City and all of our city departments, just about every department was touched by this event and moved effectively to make this happen, thanks to City employees and fine group to work with and proud of them.
Council President Gershman stated that all of them were at the Alerus Center and that Alerus Center did a phenomenal job, and thanked Mr. Duquette for his leadership and everybody else, and wanted to put little more emphasize on Mr. Glassheim, that this convention would not have taken place without his work over the number of years since the Alerus Center opened, that he has been at the Democratic party to get them here.
Mayor Brown stated last Friday was the World Men's Curling Championship and if you haven't been out to the Ralph to watch the best curlers from around the world you are missing something special, it is world class competition and is social sport and best chance you may get to talk to people who are from around the world. The games go on all week with the championships this coming weekend.
The Empire Arts Center celebrated its 10th Anniversary with a presentation by the Capital Steps and congratulations to all people involved and for supporters who insured we had the resources to keep our community's art scene thriving.
Congratulations to Theresa Knox who was recognized as the North Dakota Public Health Worker of the Year for her efforts in the city and county public health departments.
He stated he has proclaimed this week as National Public Health Week "Climate Change: Our Health in the Balance" and good marriage between Public Health and our Green3 effort in Grand Forks to clean the environment, increase efficiency and save money. One event planned by Public Health this Wednesday at Wal-Mart is to bring in your old light bulbs and they will give you energy efficient bulbs.
He stated two proclamations were issued for this week, Proclamation for Municipal Government Week, April 7-11, 2008 and the Proclamation for Climate Change: Our Health in the Balance, April 7-13, 2008.
HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY
OF PROTEST AND DIRECT THAT RESOLUTION OF
ANNEXATION OF ALL OF LOT 2, BLOCK 1, PRAIRIE POWER
SUBDIVISION AND BURLINGTON NORTHERN SANTA FE
RAILWAY COMPANY LANDS LYING EAST OF AND
CONTIGUOUS TO LOT 2. BLOCK 1, PRAIRIE POWER
ADDITION BE FILED AND ANNEXATION ACCOMPLISHED
The city auditor reported that proper notice had been placed in the Grand Forks Herald publishing the resolution of annexation passed on February 19, 2008, annexing all of Lot 2, Block 1, Prairie Power Subdivision to the city of Grand Forks, North Dakota, containing 871,245 SF or 20.00 acres and all Burlington Northern Santa Fe Railway Company lands lying east of and contiguous to Lot 2, Block 1, Prairie Power Addition to the city of Grand Forks, North Dakota, being 1246.44 feet by 150 feet or 186,973 SF or 4.29 acres, total lands annexed are equal to 1,058,218 SF or 24.29 acres; and further that the published resolution called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.
The city auditor exhibited the affidavit of publication indicating publication on February 26 and March 4, 2008; and further reported that no written protests 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 a finding of insufficiency of protest to the annexation be entered; and further that the city auditor be directed to file with the Grand Forks County Register of Deeds the resolution of annexation, with appropriate map. Upon roll call vote the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
ADOPT ORDINANCE NO. 4222, TO ANNEX ALL OF
MEADOW RIDGE SECOND ADDITION
An ordinance entitled "An ordinance to annex all of Meadow Ridge Second Addition to the city of Grand Forks, North Dakota, together with the full width of all platted streets and public rights of way contiguous thereto", which had been introduced and passed on its first reading on March 17, 2008, 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 had been filed with the city council and had been published as required and that to date no protests or grievances had been filed with his office.
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 Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4223 RELATING TO RETIRE-
MENT PLANS AUTHORIZED
An ordinance entitled "An ordinance amending Section 7-0102 of the Grand Forks City Code relating to retirement plans authorized", which had been introduced and passed on its first reading on March 17, 2008, was presented and read for consideration on second reading and final passage.
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 Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT RESOLUTION VACATING VARIOUS EASEMENTS
LYING WITHIN BLOCKS H, 16, F AND W OF SUNBEAM
ADDITION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate various bikeway, pedestrian, drainage, sidewalk and utility easements lying within Blocks H, 16, F and W of Sunbeam Addition, 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 and adopted the following resolution, which was presented and read: Document No. 9142 - Resolution. Carried 7 votes affirmative.
ADOPT RESOLUTION VACATING UTILITY EASEMENT
ALONG REAR LINE OF LOT E, BLOCK 4 OF REPLAT OF
LOTS 2 AND 3, BLOCK 4, FLAAT'S ADDITION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a 20-foot wide utility easement as platted in Lot E, Block 4 of a Replat of Lots 2 and 3 in Block 4, Flaat's Addition, 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 Glassheim that we find and determine an insufficiency of protest to the proposed vacation, and introduced and adopted the following resolution, which was presented and read: Document No. 9143 - Resolution. Carried 7 votes affirmative.
ADOPT RESOLUTION VACATING UTILITY EASEMENTS,
ALLEYWAYS, STREET RIGHTS OF WAY, BIKE PATH AND
BIKEWAY EASEMENTS AND FLOOD CONTROL EASEMENTS
IN ST. ANNE'S RESUBDIVISION, BALTIC FIRST RESUBDIVISION,
AUDITOR'S RESUBDIVISION NO. 17 AND AUDITOR'S RESUB-
DIVISION NO. 13
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate utility easements, alleyways, street rights of way, a bike path and bikeway easements and flood control easements located in Saint Anne's Resubdivision, Baltic First Resubdivision, Auditor's Resubdivision No. 17 and Auditor's Resubdivision No. 13, 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 Hutchison that we find and determine an insufficiency of protest to the proposed vacation, and introduced and adopted the following resolution, which was presented and read: Document No. 9144 - Resolution. Carried 7 votes affirmative.
ADOPT RESOLUTION VACATING UTILITY EASEMENT
LYING WITHIN LOT B, BLOCK A, KORYNTA-LEMM
SUBDIVISION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a 20-foot utility easement lying within Lot B, Block A, Korynta-Lemm Subdivision, being all of the south 20 feet of Lot B, except the east 10 feet and the west 10 feet, 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 Christensen and seconded by Council Member Glassheim that we find and determine an insufficiency of protest to the proposed vacation, and introduced and adopted the following resolution, which was presented and read: Document No. 9145 - Resolution. Carried 7 votes affirmative.
MATTER OF RIVERSIDE POOL
The matter of the question of renovating Riverside pool was presented to the city council.
A motion from the Grand Forks Park District was presented as follows: Commissioner Panzer moved to approve the Park District operating Riverside Pool as per the city council's proposal; that the City will pay for the renovation and floodproofing of Riverside Pool with the remaining funds from our agreement, and any additional funds required; the City will pay for cleanup and repair caused by floods; the Park District agrees to pay a maximum of $15,000.00/year to subsidize the operation with the balance being paid by the City and private sources, and the operation of the pool will be re-evaluated after five years. The motion was seconded by Commissioner Hutchison; and the motion passed with Commissioners Panzer, Jeske, and Hutchison voting in favor of the motion and Commissioners Bollman and LaDouceur dissenting.
Council Member Glassheim moved that we authorize the proper City officials to prepare bid documents for renovation of the greenway pool in Riverside Park; to issue bonds not to exceed $500,000 above the already budgeted $594,000 in flood buyout obligations to pay for renovation; and to prepare a contract with the Park District containing the following provisions: Park District agrees to operate the pool, to make a good faith effort to market and manage the pool to aim for at least 10,000 swims per year, and pay up to $15,000 a year towards operating costs; with the City to retain ownership of the pool, to be responsible for flood cleanup of the pool, and to pay for the first $30,000 in operating losses from existing city sales tax-sponsored Special Events funding and private donations, and additional operating losses above the Park District's $15,000; and that said contract will run for five years and then be reviewed by Park District and City officials. Council Member Gershman seconded the motion.
Council Member McNamara moved that this matter be referred to a vote of the citizens of Grand Forks in the June election and that upon its approval to bring this matter back to the city council and to move forward. Council Member Christensen seconded the motion.
Council Member Christensen stated the following language to be placed on the ballot and that this doesn't have to be the definitive language: Should the City of Grand Forks authorize the renovation and refurbishing of the Riverside pool at an initial estimated cost of $1.1 million and enter into an agreement with the Grand Forks Park District to operate the Riverside pool for a five-year period under which the City of Grand Forks would be responsible for all the costs of operating the pool except for a contribution of $15,000 a year to be made by the Park District to the City and private donations to be made to the City to defray the cost of operating the pool. He stated this would be the ballot language and a Yes would be in favor and a No against it; and that this is the type of language he would propose that we have on the ballot and that the amended motion would have language similar to this and be placed on the ballot in the June election.
Council Member Gershman stated he respects the opposing opinions of his colleagues about putting it to a vote, and reminded people that after the flood there was a move in Grand Forks to restore and renovate downtown Grand Forks and the cost of that was $27.5 million and the prevailing feeling at that time was to abandon downtown and had it been put to a vote of the public, that renovation and restoration of our downtown would have been defeated, and the city council at that time did not put $27.5 million to a vote of the public but took leadership and made what turned out to be the right decision; and that if this goes to a vote of the public and if the Riverside pool is defeated at the polls after the renovations and things that could be done to it to save it, that Bismarck has 3 outdoor pools, 44,000 swimmers, and Fargo with 4 pools and building a fifth with 90,000 outdoor swimmers, and when compare populations it seems that Grand Forks should have more than one outdoor pool and more than the 14,000 or 15,000 swimmers we have now. He stated that if this goes to a vote of the public, there is some language that has to be changed and added to Mr. Christensen's motion and would defer to Mr. Glassheim.
Howard Swanson, city attorney, stated the motion to refer to a public vote is technically not a motion to amend but is a motion of a higher priority, and if that motion were to pass, the original motion that is on the floor respectively would be tabled until such time as referral for a vote is done.
Council Member Hutchison stated that he talked with several gentlemen at Senior Citizens Center that stated that sometimes council members and park commissioners forget that there is a north end of Grand Forks, and were all in agreement that Riverside Park deserved a chance to have their pool, and the key for him was when the price came down to a $1 million and that the same amount of money is going to go into that park, whether City money or combination of City and Park District money that could go into the pool or splash park or playground, that it is flood recovery and that we have not voted on any other flood recovery item. He stated that Riverside Park opened last September after being closed for four years and that part of town deserves the same consideration as the rest of town. He also stated that this should be decided by the city council and the Park District and should not be put up to a public vote, that we are representative democracy when it comes to normal business and that this is flood recovery, normal business.
Jon Strandell, 1811 North 3rd Street, stated this issue revived by this body and wanted to acknowledge their work and time and also by staff members, that as a neighborhood they have worked hard to say that this is not a north/south issue; that after last week they thought this was done as the motion that was brought up and passed had the cooperation of the Park Board and now don't want to do this and is disappointed; and that if put every issue that comes before this council to a public vote wouldn't get a lot of things done in this town, and particularly those a part of flood recovery and that is what this is.
Council Member Christensen stated that during the debate two weeks ago it was passed by this body and chose to go beyond the perimeter of the city council, and put themselves into the business of the Park District by stating the money will cover the operating expenses, and is important that we recognize what our mission is and what the Park District's mission is, but believes that it is an issue to dispel the north/south end issue and get away from mission creep, and if this does pass and the citizens vote on the fact that we do need two pools and better to have that pool than to build a new one, and that these issues that aren't clear needs but are wants, and citizens have right to have some input, this is an advisory vote.
Council Member McNamara stated what we have offered the Park District is the best deal the City can fashion relative to Riverside pool, that we don't owe the citizens of Riverside Park the pool, what we owe them is a decision and to move forward; and after research when he evaluates it is a lot on the wet side of the dike and doesn't know how he can vote for a want on the wet side of the dike, and that if spend that amount of money on a structure that really isn't where we would design it today and on the wet side of the dike, should do so with the consent of the citizens of this community, and as council member won't vote to spend public money on a wet side of the dike for a want without the consent of the people.
Council Member Gershman stated he was at the Park District meeting on Thursday and there was a motion to put this to a vote of the public, but didn't receive a second, and when the motion was made by the Park District to contribute $15,000 to any subsidy because whatever they do there, and that there is going to be money spent on the wet side of the dike regardless, and at that meeting it was decided that they did not want that to go to a vote of the public, and if there should be a vote of the public should have come from the Park District. He also stated that for a community of our size, 55,000, thinks that this is a need, and can get a pool for $1 million. He also stated that he has talked to all members of the council and there is no malice whatsoever towards northend and no malice towards pool or park, honest people can disagree but if the citizens vote for this and we get the right information out because this money is going to be spent anyway has confidence that the council will get behind this project wholeheartedly.
Council Member Bakken stated he was on the council after the flood and one thing they were very careful was that they would not spend any money on the wet side of the dike.
Mr. Swanson advised that the matter that they are going to vote on is whether or not you will refer this item to a vote, the question as to the ballot language would be a separate act, no reason to vote on the language until you decide if you are going to submit it for a referral, and the item before you at this point is, will the matter be submitted for a referral which is an advisory vote and is not a finding vote on the council.
Pat Grinde, resident of Riverside Park, spoke in favor of the Riverside pool renovation, that they are a special place and have a feeling of community and asked to let them work with the city to try to rejuvenate this pool for the entire city, and that if put it to a public vote, don't have a prayer.
Council Member Glassheim stated that the Riverside pool has been on the wet side for over 60 years, that dirty water gets into it and has to be cleaned, doesn't destroy it and might lose certain percentage of the useable time, the Corps has allowed buildings on the wet side of the dike, bathhouse will remain, may have to clean it and that amounts to an average of $5,000/year, and doesn't see wet side of the dike argument. He stated this is a cost/benefit and asked that they consider the benefits and move ahead with the vote tonight and authorize it and move forward.
Council Member Hutchison stated that whether this goes to a vote or not tonight, it has been brought up that some people in the Park District, including employees, thought it was appropriate that this would be put to a vote. It is just as appropriate if looking at a wellness center, that they would look at that the same way because if you think this is important to vote, then that (wellness center) better be just as important or many times as important as this, as looking at spending $30 million there and $1 million here. He wanted to make that point that when that comes up in the future - whether this goes to a vote or not - that it is appropriate to go to a vote on a wellness center.
Council Member McNamara stated that two weeks ago when the motion was put forward, he specifically asked about referring it to a vote of the people, and was told that they would discuss that when it came back, and for a point of record to make known that the question was raised and was told that it would be discussed when it came back here.
Upon call for the question to put the issue of renovating and refurbishing of the Riverside pool and its related operating costs to an advisory vote of the citizens in the June election, and upon roll call vote, the following voted "aye": Council Members McNamara, Christensen, Bakken, Kreun - 4; voting "nay": Council Members Glassheim, Gershman, Hutchison - 3. Mayor Brown declared that the motion passed.
Mr. Swanson stated that there is an open question as to whether or not the council has to approve ballot language at least 60 days prior to the election and his recommendation is to avoid that question entirely would be to act upon the ballot language if you can reach an agreement tonight. The city auditor stated what raises that question is that in conversation with the Secretary of State's Office today they informed him that he should have the language in his hands similar to the petitions for running for city office and that is by 4:00 p.m. this coming Friday.
Council Member Christensen moved the language that he presented and that Mr. Swanson suggested that he delete the word "and contract" and in lieu thereof insert the words "an agreement" so that he could have a joint powers agreement with the Park District were this to pass, and that would be the proposed ballot language.
Mr. Walker, assistant city engineer, stated they have inquired about the cost estimates, and at the time when the cost estimates came in they felt comfortable at a $1.1 million, and after the numbers came in, they learned of some potential problems regarding the floodway and if there were a little more leeway on the $1.1 he would feel more comfortable, as there is some question about the 15% contingency but as it is a remodeling project, and that $1.2 would be fine or if say approximately $1.1 and would do their best to target that. Mr. Christensen stated at a cost of $1.1 million. Mr. Swanson stated that was a judgment decision for the council to make.
Council Member Bakken seconded the motion.
Mr. Swanson stated that his advise has always been the same and that his recommendation is that you not install any numbers in the ballot language, particularly of an item that is an estimated cost or approximated cost even though it is not a binding vote, even though the language you have here is estimated cost or if make an approximated cost, the concern is that by putting a number out in front, you create expectations whether it is binding or not. The obvious comment that he always gets is that there is not enough information there, and that is why it is a judgment call, and that his recommendation is present it without any numbers in it to avoid that concern entirely, but that is a call for the council to make.
Council Member Kreun stated that they are going to need a number and to put in $1.1 to $1.2 million; and after further discussion it was stated to leave the number at $1.1 million
Council Member Glassheim stated he would be concerned about the people voting not being sure and certain about what they are voting for, and would like to see a not to exceed $1.1 or $1.2 and not sure which of those; and that if something comes in high, cut something out. He moved an amendment to the motion to say not to exceed $1.1 million, and that was accepted as a friendly amendment to the motion by the mover and second.
Council Member Glassheim asked to change language that after "..renovation" include "heating and floodproofing" and explains what they are going to get; and wanted to add after the $1.1 million "..of which approximately $600,000 is already obligated to the Park District". The mover and second accepted that as friendly amendment.
The city auditor read the ballot language: Should the City of Grand Forks authorize the renovation, heating, floodproofing and refurbishing of the Riverside Pool at a not to exceed cost of $1.1 million of which $600,000 is already obligated to the Park District and enter into an agreement with the Grand Forks Park District to operate the Riverside Park Pool for a 5-year period under which the City of Grand Forks would be responsible for all the costs of operating the pool except for a contribution of $15,000 a year to be made by the Park District to the City and private donations to be made to the City to defray the cost of operating the pool.
Mr. Swanson stated the reason he requested they use the language "an agreement" rather than "a contract" that it is his intention that if this moves forward, enter into a joint powers agreement, it provides both parties with some greater protections and greater possibility. He stated another thing he wanted to point out by including the language, heating in the ballot would be his opinion that they would not have the flexibility of abandoning or removing the heating portion of the pool renovation if the bids came in high.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
ADOPT RESOLUTION CONVERTING ALTRU HEALTH
SYSTEM BONDS, SERIES 2005 TO FIXED MODE
The staff report from the finance and administrative services director relating to conversion of Altru Health System Bonds, Series 2005, to fixed mode, with recommendation for approval to convert bond issue to fixed mode.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved, and further that the following resolution approving conversion of Health Care System Revenue Bonds, $40,000,000 Health Care System Revenue Bonds, (Altru Health System Obligation Group) Series 2005, be adopted: Document No. 9146 - Resolution. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.
AUTHORIZE SALE OF TURTLE RIVER TOWNSHIP
PROPERTY
The staff report from the director of public works relating to sale of Turtle River Township property, with recommendation to accept bids for the sale of Turtle River Township property per recommendation of the finance/development standby committee of April 2, 2008: SE Quarter of Section 18 to Kameron Slominski for $177,000.00; N Half of Section 19 to John Buck for $212,000.00; S Half of Section 19 to Ron Adams for $198,000.00; for a total bid of $587,000.00.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved and that we accept the bids for the three parcels of property. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bids accepted.
APPROVE EXEMPTION OF REMODELING IMPROVEMENTS
TO RESIDENT/COMMERICAL BUILDINGS AT VARIOUS
LOCATIONS
The staff report from the city assessor relating to applications for exemption of remodeling improvements to a residential or commercial building as follows: 3220 South Washington Street, 1323 Noble Cove, 611 Conklin Avenue, and 2703 South 10th Street, with recommendation to grant exemptions of increased value for three (3) years.
It was moved by Council Member Bakken and seconded by Council Member Christensen that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT NO.
6123, DISTRICT NO. 636
The staff report from the engineering department relating to creating special assessment district for Project No. 6123, District No. 636, paving and street lights on 40th Avenue South (South Washington Street to Clearview Drive), with recommendation to create the assessment district, approve the engineer's report, including estimate of cost, an assessment district map, and further that we direct engineering department to prepare detailed plans and specifications and advertise for construction bids and that we declare intent to sell bonds to finance these improvements.
Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9147 - Resolution.
The city auditor presented and read the engineer's report on Paving Project No. 6123, District No. 636: Document No. 9148 - Report.
Council Member Bakken introduced the following resolution of necessity, which was presented and read: Document No. 9149 - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Christensen that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Paving Project No. 6123, District No. 636, be accepted and adopted. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 6152, DISTRICT NO.632
The city engineer's estimate of total cost of the construction of paving 4200-4400 blocks of 16th Avenue North and 16th Avenue North Circle in the amount of $ , was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6152, District No. 632, paving for 4200-4400 blocks of 16th Avenue North and 16th Avenue North Circle, 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. 9150 - 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,
PAVING PROJECT NO. 6244, DISTRICT NO. 633
The city engineer's estimate of total cost of the construction of paving and street lighting for McEnroe's 1st Addition (Garden View Drive) in the amount of $ , was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6244, District No. 633, paving and street lighting for McEnroe's 1st Addition (Garden View Drive), 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. 9151 - 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. 6212, 2008
CONCRETE STREET REPAIRS
The staff report from the engineering department relating to bids for construction of Project No. 6212, 2008 Concrete Street Repairs, with recommendation to award contract to low bidder, Aggregate Industries, NCR, Inc. in the amount of $155,480.00.
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 Hutchison, 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. 6123, 2008
ASPHALT STREET REPAIRS
The staff report from the engineering department relating to bids for construction of Project Nos. 6213, 2008 asphalt street repairs, with recommendation to award contract to low bidder, Aggregate Industries, NCR, Inc. in the amount of $22,980.00.
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 Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE PRELIMINARY ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 6273, FEDERAL PROJECT
SU-6-986(083)087, NORTH 51ST STREET RECONSTRUCTION
The staff report from the engineering department relating to preliminary engineering services agreement for Project No. 6273, Federal Project SU-6-986(083)087, North 51st Street Reconstruction, with recommendation to approve agreement with Webster, Foster and Weston for preliminary engineering services in the amount of $50,000.00.
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 Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE PRELIMINARY ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 6272, FEDERAL PROJECT
SU-6-986(084)088, CHERRY STREET RECONSTRUCTION
The staff report from the engineering department relating to preliminary engineering services agreement for Project No. 6272, Federal Project SU-6-986(084)088, Cherry Street Reconstruction, with recommendation to approve agreement with CPS, Ltd. for preliminary engineering services in the amount of $119,959.00.
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 Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE SOLE SOURCE PURCHASE REQUEST FOR
POLICE DEPARTMENT
The staff report from the police department relating to sole source purchase request for forensic mapping equipment and software (Lecia TCR-407 Power Total Station, Collision Forensic Solutions, LLC Offices in Nebraska and South Dakota) partnering with the North Dakota Highway Patrol, with recommendation to approve sole source purchase request in the amount of $20,975.00.
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 Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE BID FOR EQUIPMENT FOR STREET
DEPARTMENT
The staff report relating to Public Works Department, Street Division tandem truck, box and hoist bid, with recommendation to approve bid of Nelson International in the amount of $77,281.00 as best bid.
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 Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE BIDS FOR ENGINEERING/INSPECTIONS
DEPARTMENTS FLEET VEHICLE BIDS
The staff report from the director of public works relating to Public Works/Engineering/Inspections Department fleet vehicle bids and approve bids from Hatton Ford as follows:
Inspections: compact extended cab pickup in the amount of $11,197.00; Engineering: FWD sedan in the amount of $13,880.00; Engineering: 2WD 1/2 Ton pickup in the amount of $9,192.00; Sanitation: 4 WD 1/2 ton pickup in the amount of $18,383.00; Water Distribution: Cargo van in the amount of $12,407.00; WW/SW: (2) 4 WD, 3/4 ton pickups in the amount of $33,766.00; and to allow Public Works staff to rebid the compact SUV as an economy flex fuel or hybrid vehicle at a later date.
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 Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE 2007 CONSOLIDATED ANNUAL PERFORMANCE
EVALUATION REPORT (CAPER)