Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 1, 2006
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 1, 2006 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; absent: none.
The Riverside Christian School, 2nd Grade, led the council in the pledge of allegiance to the flag; Valerie
Borkowski, teacher.
Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.
Mayor Brown commented on various events during the past week and upcoming events:
He reminded everyone that this is Spring Cleanup Week and to get items out by 7:00 a.m. on regular pickup day, and the City's recycling program together with contractor, Waste Management, Inc., held an electronics recycling event to give citizens opportunity to recycle their electronics, and 93 residents brought out 10,740 lbs. or 5.37 tons of electronics for recycling, also participating was the City of Grand Forks departments and one business who brought out p.c.'s for recycling.
Reminder to council and public the Gateway Drive Committee and the Historic Preservation Commission have opening, and contact the Mayor's Office at 746-2607 with recommendations, and that current committee openings are posted on the website.
Last Saturday Leo Kottke at the Empire Arts Theatre, and thanks to everyone at the Empire and everyone involved for bringing out a wonderful community arts opportunity on a regular basis.
This Friday, May 5, is Arbor Day and signed a proclamation to note that day and urged citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands.
There is a wonderful display of children's art outside the council chambers and kids have a way of making important things easy to understand.
FLOOD PROTECTION UPDATE
Al Grasser, city engineer, noted that the spring floodfight this year found that all the pumping stations and closures were operating as expected; that they have had several questions come up on holding pond south of 62nd Avenue South near the Belmont Road area, that pond filled with water as the outlet hadn't been constructed, they built the pond over the winter months and filled when had rains and spring runoff; that should be pumped out this week and then start on the outlet. He reported on the funding updates, that the total project cost increased to $408 million and that on a local level there was a reduction of $6.9 million due to property acquisitions and utility relocate savings over the course of the project.
He reported that some questions have come up over downtown parking as it relates to construction activity; the working area is from 1st Avenue North which is on the south side of the Dacotah Hotel through the Chamber of Commerce building, and that the Chamber and some of the northerly portion was part of the Phase I process of the construction phase and in that area took out about 25 parking stalls during course of construction activities and allowed an equivalent amount of permit parking in the parking lot across the street, and those 25 stalls are available and that there are about 3 or 4 other stalls that became available. He noted the contractor then moved a little farther south into the Phase II portion and in that area which has been coned off last week, were about 40 parking stalls that were taken out on a temporary basis during construction and about 10 of those stalls should be brought back this week (sewer line work that had to be done) and net loss in the Dacotah area is about 30 parking stalls, reestablishing about 30 lots on the other parking lot. He stated in addition to that the St. John's Block parking stays the same, 13 lots reserved for them. It was noted that the Ryan does not have any permits in there.
Greg Hoover, Urban Development, stated that the Office of Urban Development is the administrator for the municipal parking system which includes this lot, that last week their office issued 30 parking hang tags for the Dacotah lot on a request from the engineering department and those were provided to the owner of the Dacotah Hotel and that owner was responsible for dispensing those tags, one of their concerns was to make sure that they have spots in this lot for their elderly and handicapped residents. He
stated they had no way of identifying people who were parking in the lot because it was a public lot and people from the Ryan House were parking there and didn't notify their management, and his office and engineering department are working together to come up with some alternatives to deal with the short term, and as construction finishes that lot will again reopen to the general public, but know that we're working on a project of 40-unit apartment project that will take over that site on a permanent basis, and that they are working on a parking plan to deal with that - one of the alternatives would be in the Central High parking ramp which is only half a block away and as the students leave there will be more space available and knows there are concerns about vandalism, etc. but will go through the parking ramp on a regular basis. He stated they are also looking at diagonal parking on the south side of 1st Avenue North to take care of some of that, about 20 spaces in there, and also looking at some on-street parking on 3rd Street and a number of those places might be reserved but have to keep in mind that as we take those spots out of service for the general public that other people visiting downtown in businesses and customers, etc. won't be available for them and that is something of last resort. He stated in the longer term with the development going in on that site, that parking will leave for good and that they have been discussing how to expand as much parking as can, and that tomorrow morning will be interviewing 2 consultants to do a parking study, part for short term and long term needs, and also the condition of our ramps to bring those up to par as far as marketability and appearance, etc. and how going to finance this. He noted the question about the Ryan House not having any parking provided, that under Code with the number of units they have, they have to provide for every 3 units one parking spot (42 units so required to provide 14 parking spots) and they do that by paying an assessment into the parking fund and that allows them to have 14 spots within the entire municipal parking system and that would be available for their clients but there are other businesses that do the same if they do not provide the parking that is required by Code.
Council Member Gershman stated that the Ryan House has elderly and handicapped residents, the same as the Dacotah, and are accommodating the Dacotah but not able to accommodate the Ryan House and is a concern, and is leery of dedicated parking on public streets, do have the ramp that is utilized, and that as soon as this is over, they will start on the 40-unit project, and some things for the ramp is to paint the ceiling white, put better lighting in there and security cameras throughout that place and tap it into 911 or PSAP and give sense of comfort; and the elevator system and entrance needs to be completely cleaned up, don't need to wait for a study to have some of these things done for the ramp which is going to become valuable and would like to talk to some of the tenants of the Dacotah Hotel re. parking in the ramp and relinquish their space for the elderly and handicapped at the Ryan Hotel, issue for those people to walk to the ramp.
Mr. Hoover stated they found out that the Ryan House has 15 senior citizens and 4 handicapped citizens and that is paramount for Mr. Grasser and himself to work on providing parking nearby for them as they have done for the Dacotah and that will be taken care of. Central Ramp improvements - that they have approx. $200,000 in the Parking Fund and are going to contract after school is out to do some structural repairs that are necessary before doing an aesthetic repairs, and will get their maintenance crew over to check out the elevator area and get that cleaned up. He stated his recollection of at least one of the firms that will be interviewed is their timeline is 14 weeks; the other issue of the structural problem is a spalling issue where concrete is breaking up and exposing the rebar below and that is on the first level as coming in off 4th Street and go up and another one that they to take care of.
Mr. Grasser stated they are anticipating this work behind the Dacotah Hotel area to take about 3 months, that in about 3 weeks school will be out and that will alleviate a number of parking pressures downtown and hoping that the construction activities will be out of there before the school season starts and give us time to work on the parking plan.
Mr. Grasser stated there were several greenway issues, that the trails have been pretty well cleaned off and are available but cautioned people that the first cleaning with heavier trucks getting brush out and there is small layer of silt in there and in this weather becomes slippery - not closed but not up to full standard. Beta Theta Pi members helped clean up sections of the trails in the Olson, Elmwood and Lincoln areas as part of UND's Big Event held April 22 and had 13 people help clean off debris and expressed appreciation to them. The 2006 bikepaths maps have been printed and are available and can get them at the Park District, Convention and Visitors Bureau, both City Halls, Chamber of Commerce and the local bicycle retailers. Arbor Day celebration will be held Friday, May 5, at noon in the Lincoln Golf Clubhouse, and Monday, May 15, is the commuter challenge and Mayor will be involved with that along with the police department showing how quick a person can get around with a bicycle.
Council Member Hamerlik stated that the picture of the debris by the pedestrian bridge looked to be of concern, and if that will be revisited; that one of the problems we have had with flooding has been the debris at the bridges. Mr. Grasser stated that has been cleaned up, and they are aware of the problem and will be looking at options to help remedy that, and in the future as water levels go up may want to be on the bridge with some equipment keeping that debris from hanging up as long as can, and different techniques that they are going to look at as part of the maintenance side of this to help minimize that.
Council Member Gershman stated for the Big Event the mayor and council should draft a letter thanking the Student Senate and Student Body and send it to the Dakota Student and to the Grand Forks Herald, very nice of the students to do.
Council Member Christensen asked if the two pedestrian bridges were Corps requirement as part of the construction of the dike. Mr. Grasser stated it was part of the originally adopted overall plan for the Corps in recreational features, didn't think the Corps would require that because it is not a specific flood protection project, is a recreational feature and are required to have a certain amount of recreation within any type of project, and financially it is 50-50 City and Corps.
Council Member Christensen questioned dike completion, and when they will begin council discussion of greenway maintenance because may have routine spring floods and will be collecting money on the water bill shortly to build the fund to maintain and enhance the greenway; that some of this is handled by the Flood Protection Committee and 2600 acre park and in the fall get better report of where we are at, the undeveloped lots on Belmont and on Chestnut, and when start the conversation of building those lots out. Mr. Grasser stated he is expecting substantial completion of the flood critical projects in 2006 but that does mean the construction 99.9% done in 2007, but there are some features that aren't flood critical for cash flow reasons and probably delay a little, i.e.. paving of Merrifield Road, not flood critical but part of the project, and shift anything we can into 2007 but not anything that will jeopardize the remapping timeline; that will be a work in progress as have identified the costs they can to date and will be monitoring those assumptions to see if they bear out, and if causing a problem will bring back to the council for consideration. He stated they are looking to get the remapping in place next spring or summer, and as soon as the remapping is done which removes the existing floodplain restrictions from that area could start selling those lots and by summer be in position to start marketing those. Mr. Christensen stated he would hope they would get this back into the urban development finance committee this summer or fall and begin conversation of r.f.p.'s and get ideas from developers as to what they would propose and have opportunity to develop that area.
Mr. Hoover stated they will begin the planning stages and community conversations in late summer or early fall and when they get go-ahead and hope to have background work done; that they will be talking with the neighbors because we want to make sure we don't have homes being built that are not architecturally compatible with the neighborhood which would have a tendency to drive down values.
Council Member Kreun stated that all of the in-fill lots that are available to build on now have been sold, there are reasons for some of those not being built on, some still in the floodplain, some have title issues. Mr. Glassheim asked if we could auction off lots with conditions that they not build and if reason should not do that in advance so that people can make plans.
Mr. Christensen stated that is why he suggested that this go to committee, and moved that the issue of building out the lots in the Belmont and Chestnut areas be referred to the finance/development committee for further study to address all the issues and come back with report sometime this fall. Council Member Glassheim seconded the motion. Mayor Brown stated that this is not an item that is on the agenda and would need to have a motion to consider it. Mr. Hoover stated that it is staff's intent and they will bring it back to finance/development committee.
A short video was shown.
ADOPT ORDINANCE NO. 4141, ANNEXING LANDS
IN SW QUARTER OF NW QUARTER OF SECTION 20,
T151N, R50W OF FIFTH PRINCIPAL MERIDIAN
An ordinance entitled "An ordinance to annex all those lands known as the Southwest Quarter of the Northwest Quarter of Section 20, Township 151 North, Range 50 West of the Fifth Principal Meridian, Grand Forks County, North Dakota", which had been introduced and passed on its first reading on April 17, 2006, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The deputy city auditor reported that 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 vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
DETERMINE INSUFFICIENY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 158, PROJECT NO. 5957
The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 158, Project No. 5957, installation of street lighting on West Prairiewood Drive from Lot 2, Block 5 and Lot 1, Block 3 to the east side of Lot 9, Block 3 and the east side of Lot 8, Block 1 and East Prairiewood Drive from the west side of Lot 10, Block 3 and the west side of Lot 1, Block 2 to the east side of Lot 12, Block 3 and Lot 4, Block 2, all in Prairiewood 1st Addition, had expired on April 24, 2006, and that she had received no written protests.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 8876- Resolution.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that we find and determine an insufficiency of protest against Street Lighting District No. 158, Project No. 5957, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.
DETERMINE INSUFFICIENY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 159, PROJECT NO. 5958
The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 159, Project No. 5958, installation of street lighting on Adams Drive from Belmont Road to the Corps of Engineers levee, approximately 1200 feet east of Belmont Road, had expired on April 24, 2006, and that she had received no written protests.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 8877 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that we find and determine an insufficiency of protest against Street Lighting District No. 159, Project No. 5958, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.
DETERMINE INSUFFICIENY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 160, PROJECT NO. 5959
The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 160, Project No. 5959, installation of street lighting on Christian Drive from Belmont Road to the west side of Lot 10, Block 1, Countryview 3rd Resubdivision, had expired on April 24, 2006, and that she had received no written protests.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 8878 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that we find and determine an insufficiency of protest against Street Lighting District No. 160, Project No. 5959, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.
DETERMINE INSUFFICIENY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 161, PROJECT NO. 5960
The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 161, Project No. 5960, installation of street lighting on 44th Avenue South from South Washington Street to approximately 1100 feet west to the Southend Drainway, had expired on April 24, 2006, and that she had received no written protests.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 8879 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that we find and determine an insufficiency of protest against Street Lighting District No. 161, Project No. 5960, as no protests were filed , and further that the resolution be adopted. Carried 7 votes affirmative.
DETERMINE INSUFFICIENY OF PROTEST ON PAVING
DISTRICT NO. 619, PAVING PROJECT NO. 5964
The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and For Paving District No. 619, Project No. 5964, construction of paving on South 17th Street, South 18th Street, South 19th Street and 38th Avenue South in Highland Point 1st Addition, had expired on April 24, 2006, and that she had received no written protests.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 8880 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that we find and determine an insufficiency of protest against Paving District No. 619, Project No. 5964, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.
DETERMINE INSUFFICIENY OF PROTEST ON PAVING
DISTRICT NO. 621, PAVING PROJECT NO. 5881
The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 621, Project No. 5881, construction of paving on Robert Circle, Raboin Circle, South 14th Street and Kings View Drive in Zavoral's 1st Addition and on 55th Avenue South between Zavoral's 1st Addition and Kannowski's 1st Addition, had expired on April 24, 2006, and that she had received no written protests.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 8881 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that we find and determine an insufficiency of protest against Paving District No. 621, Project No. 5881, as no protests were filed, and further that the resolution be adopted. Carried 7 votes affirmative.
DETERMINE INSUFFICIENY OF PROTEST ON WALKWAY
LIGHTING DISTRICT NO. 162, PROJECT NO. 5981
The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Walkway Lighting District No. 162, Project No. 5981, installation of street lighting on center area walkway in Sertoma Park, had expired on April 24, 2006, and that she had received no written protests.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 8882 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that we find and determine an insufficiency of protest against Walkway Lighting District No. 162, Project No. 5981, as no protests were filed , and further that the resolution be adopted. Carried 7 votes affirmative.
DETERMINE INSUFFICIENY OF PROTEST ON PAVING
DISTRICT NO. 618, PROJECT NO. 5951
The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and For Paving District No. 618, Project No. 5951, construction of paving on Thames Court in Promenade 3rd Resubdivision, had expired on April 24, 2006, and that she had received no written protests.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Council Member Kreun introduced the following resolution as to protests which was presented and read: Document No. 8883 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that we find and determine an insufficiency of protest against Paving District No. 618, Project No. 5951, as no protests were filed , and further that the resolution be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION REGARDING FEDERAL TELE-
COMMUNICATIONS LEGISLATION
The staff report from the community/governmental relations officer relating to resolution regarding federal telecommunications legislation, with recommendation to adopt the resolution.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik to adopt the resolution that would have an effect on telecommunications procedures at the national, state and local levels: Document No. 8884 - Resolution
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE APPOINTMENT TO SPECIAL ASSESSMENT
COMMISSION
The staff report from Mayor Brown relating to appointment to the Special Assessment Commission, with recommendation to confirm appointment of Kurt Eickhof to the Special Assessment Commission to fill the unexpired term of David Ramsett.
It was moved by Council member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
APPROVE LEASE AGREEMENT WITH RED RIVER
VALLEY BMX
The staff report from Mayor Brown relating to BMX track proposal, with recommendation to approve lease agreement with Red River Valley BMX to use City owned land for a new BMX track (at 1900 North 36th Street), subject to acceptable site plan as determined by engineering department staff and subject to an acceptable lease agreement as determined by the city attorney.
Michael G. Venaccio, corporate risk manager and safety director for Strata Corporation, stated that last week they delivered a letter to the city finance department expressing their concerns and concerns of other businesses along 36th Street on the location of the proposed BMX track, that they are not opposed to the basic concept but concern is the additional traffic and a very congested area on 36th Street, that the main night for racing would be Tuesday evening, and if during the summer construction season, very concerned about the number of trucks from Simplot, Conta Luna, Aggregate Industries and concerned about people and kids on bikes in that area. He also noted that unless Red River Valley BMX can police the area very concerned that if have unsupervised kids in that area have areas of "an attractive nuisance" (aggregate piles, sand piles) and increased liability area.
Doug Moore, president of Alternative Sports and track operator for Red River BMX, stated that events are in the evenings and only about 5 to 10% of kids ride their bikes there, that kids would not be unattended at the track, and for all the years the track was located at the Fairgrounds, there was never one incident of vandalism, upkeep was taken care of the volunteers that run the BMX track and concerns seem to be more of vandalizing their property and doesn't see how that would be a factor with these kids, that they are always accompanied by parents on race nights and a couple weekends out of the summer. He stated on safety issues might be 5:00 to 10:00 p.m. and less for kids that ride their bicycles over there between the hours of 6:00s and 9:00 p.m., not during hours when heavy traffic is there during the day or weekends. He stated they would put directions in the flyers they send out; average age of kids is 10 to 12. He noted that this has been discussed with parents and know what possibilities are and everybody on board for it. He stated that is not a permanent site, but to get them going for this year and take it on a year to year basis and his job would be to find more suitable property in long run where have permanent residence so they can grow; that when out in the evenings has not seen a lot of truck activity.
It was moved by Council Member Kerian and seconded by Council Member Christensen that the recommendation be approved. Carried 7 votes affirmative.
APPROVE ELECTION OFFICIALS FOR 2006 PRIMARY
ELECTION
The staff report from the Mayor's Office relating to establishing polling hours of 7:00 a.m. to 8:00 p.m. and approve election officials (inspectors) for the June 13, 2006 primary election, with recommendation to approve polling hours of 7:00 a.m. to 8:00 p.m. and the listing of election officials.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
AUTHORIZE PROCEEDING WITH BIDD FOR FLOOD
CLEANUP
The staff report from the engineering department relating to authorization to bid flood cleanup, with recommendation to authorize proceeding with bidding.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICAITONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5703, DISTRICT NO. 608A
The city engineer's estimate of total cost of the construction of paving 47th Avenue South from South Washington Street to Belmont Road in the amount of $ , was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5703, District No. 608a, paving 47th Avenue South from South Washington Street to Belmont Road), with recommendation to approve plans and specifications and further that the city auditor be directed to advertise for bids on the project.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8885 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik 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
SPECIFICAITONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5945, DISTRICT NO. 623
The city engineer's estimate of total cost of the construction of paving in Southern Estates 5th Addition in the amount of $ , was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5945, District No. 623, paving in Southern Estates 5th Addition, with recommendation to approve plans and specifications and further that the city auditor be directed to advertise for bids on the project.
Council Member Gershman introduced the following resolution which was presented and read: Document No. 8886 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik 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. 5891, RE-ROOF
POLICE BUILDING
The staff report from the engineering department relating to consideration of bids for Project No. 5891, Re-roof Police Department building, with recommendation to award contract to low bidder, C.L. Linfoot Company, in the amount of $81,409.00.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT FOR PROJECTS NOS. 5948,
5949, 5950 AND 5951, UTILITIES AND PAVING FOR
PROMENADE 3RD RESUBDIVISION
The deputy city auditor presented and read tabulation of bids which had been received and opened on April 17, 2006 for Project Nos. 5948, 5949, 5950 and 5951, utilities and paving for Promenade 3rd Resubdivision, indicating that Aggregate industries was the low bidder based upon their bid in the amounts of $94,362.00, $153,297.00, $48,323.00 and $223,351.90, respectively, for a combined total bid of $519,333.90: Document No. 8887 - Bid Tabulation.
The city engineer's estimate of total cost for Project No.59048, Sewer District No. 440; Project No. 5949, Watermain District No. 289; Project No. 5950 Sewer District No. 441; and Project No. 5951, Paving District No. 618, in the amounts of $ , respectively, were presented and read.
The staff report from the engineering department relating to bids for Projects Nos. 5948, 5949, 5950 and 5951, utilities and paving for Promenade 3rd Resubdivision, with recommendation to award contract to the low bidder, Aggregate Industries, in the amounts of $94,361.00, $153,297.00, $48,323.00 and $223,351.90, respectively, for a combined total of $519,333.90.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved and the resolution awarding the contract to Aggregate Industries was presented and read: Document No. 8888 - Resolution. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.
AWARD BIDS FOR PROJECTS NOS. 5961, 5962, 5963 AND
5964, UTILITIES AND PAVING FOR HIGHLAND POINT FIRST
ADDITION
The deputy city auditor presented and read tabulation of bids which had been received and opened on April 17, 2006 for Project No. 5961, Sewer District Nos. 442; Project No. 5662, Watermain District No. 290; Project No. 5963, Sewer District No. 443; and Project No. 5946, Paving District No. 619; indicating that Strata Corporation was the low bidder based upon their bids in the amounts of $203,418.00, $170,356.00, $196,314.00, and $463,652.81, respectively for a combined bid of $1,033,740.81: Document No. 8889 - Bid Tabulation.
The city engineer's estimates of total cost for Project No. 5961, Sewer District No. 442; Project No. 5962, Watermain District No. 290; Project No.5963, Sewer District No. 443, and Project No. 5964, Paving District No. 619, in the amounts of $ , were presented and read.
The staff report from the engineering department relating to bids for Project Nos. 5961, 5962, 5963 and 5964, utilities and paving for Highland Point 1st Addition, with recommendation to consider award to Strata Corporation in the amount of $1,033,740.81 even though the up-front contribution will not be met prior to award.
Mr. Grasser stated that the recommendation is to consider the award to Strata recognizing that the full up-front monies are not here for the entire term that they would normally expect and the department doesn't have any problem with moving forward on the award, that it is a local and recognized developer and have a letter in the updated staff report from Alerus Financial that says they are in the process of preparing the full letter of credit but because of getting appraisal processes they couldn't get the final letter of credit to us by tonight's meeting; that their suggestion was to follow through with a temporary letter of credit which gets them to July 31, 2006, and during that time period the final letter of credit is expected. Timing is very critical and that they have met with the developer and selling a lot is very difficult until paving or someone can get out to look at it, that if they have questions re. marketing, Mr. Crary is at tonight's meeting; and that given the time of the year and amount of work that needs to be done there really isn't any time to waste.
Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Members Kreun and Glassheim. Carried 6 votes affirmative.
Mr. Grasser stated that the developer has been using this letter of credit option for the last several of his developments, some of which were affordable housing and not unusual from that perspective to see the request for the letter of credit, but just that the letter of credit isn't for the full term that they would normally expect.
Mr. Swanson stated that there is a letter of credit, but is a temporary letter of credit, does not meet all the requirements of the City Code and in effect the request is that the City is being asked to waive the requirements of the Code and in effect the request is that the City is being asked to waive the requirements of the Code and accept an interim letter of credit, and the questions what was asked isn't the letter from the lender sufficient guarantee that as of July 31 the new letter of credit will be replaced, and his position on that is, no, it is not; it may be a representation but is not a contractual liability on the part of the lender to substitute a letter of credit for the interim one in the event of some decision made not to proceed with the financing and that is why he indicated that it is a discretionary issue, your alternatives would be to either not waive it, waive it or to waive it with the requirements that the contractor or developer provide independent indemnification in the event that the letter of credit is not filed on a permanent basis, but doesn't know enough about the details to give an analysis on the risk or any of the issues involved in it. He also suggested that in addition to requiring a permanent letter of credit filed on or before the 31st of July, that the City be indemnified by the developer for any losses the city may incur.
Council Member Christensen moved to approve the bid and to approve the resolution awarding the contract to Strata Corporation, subject to the developer providing the City with a permanent letter of credit by July 31, 2006, and failure to provide the letter of credit by July 31, 2006 the developer will be personally liable to indemnify the City for any losses that might occur: Document No. 8890. Council Member Kerian seconded the motion. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, STREET LIGHTING
PROJECTS NOS. 5959, 5958, 5959, 5960, PARKING LOT
LIGHTING PROJECTS 5975 AND 5980 AND WALKWAY
LIGHTING PROJECT NO. 5981
The deputy city auditor resented and read tabulation of bids which had been received and opened on April 10, 2006 for Street Lighting Projects Nos. 5957, District No. 158; 5958, District No. 159; and 5959, District No. 160; and 5960, District No. 161; Parking Lot Lighting Projects Nos. 5975 and 5980, and Walkway Lighting Project No. 5981, District No. 162; indicating that Bergstrom Electric, Inc. was the low bidder based upon their bids in the amounts of $14,494.25, $27,691.50, $13,419.00, $13,861.50, $3,013.50, $4,248.50 and $5,980.50, respectively, for a combined bid of $82,708.75: Document No. 8891 - Bid Tabulation.
The city engineer's estimate of total cost for Project No. 5957, Street Lighting District No. 158; Project No. 5958, Street Lighting District No. 159; Project No. 5959, Street Lighting District No. 160; Project No. 5960, Street Lighting District No. 161; and Walkway Lighting Project No. 5981, District No. 162; in the amounts of $ , were presented and read:
The staff report from the engineering department relating to bids for Project No. 5957, District No. 158, street lighting in Prairiewood 1st Addition; Project No. 5958, District No. 159, street lighting in Adams Drive; Project No. 5959, District No. 160, street lighting in Countryview 3rd Resubdivision; Project No. 5960, District No. 1651, street lighting on 44th Avenue South; Project No. 5975, Bus Garage Parking Lot; Project No. 5980, North 3rd Street (700 block) Parking Lot Lighting; and Project No. 5981, District No. 1652, Sertoma Park Lights Phase 2, with recommendation to award contract to low bidder, Bergstrom Electric, Inc., in the amount of $82,708.75.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved and the resolution awarding the contract to Bergstrom Electric, Inc. was presented and read: Document No. 8892 - Resolution. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
5881, DISTRICT NO. 621
The deputy city auditor presented and read tabulation of bids which had been received and opened on April 17, 2006, for Paving Project No. 5881, District No. 621, for paving and street lighting for Zavoral's First Addition, indicating that Strata Corporation was the low bidder based upon their bid in the amount of $723,640.35: Document No. 8893 - Bid Tabulation.
The city engineer's estimate of total cost for Project No. 5881, Paving District No. 621, in the amount of