Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 15, 2006
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 15, 2006 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; absent: Council Member Hamerlik - 1.
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 stated our hearts go out to the families, friends and community of Fosston, MN for the tragic loss they suffered this weekend, and our thoughts and prayers are with them in this most difficult time
This last Friday he had the pleasure to listen to 40 4th graders read their essays on "My Favorite Older American" and have two people who came to share that with us tonight: Blake from Lake Agassiz School and Christina from Century School read their essays.
He wished a welcome to more than 300 people who will be here from throughout the tri-states and Manitoba region for the Immunization Conference at the Alerus this Wednesday and Thursday, great pat on the back for our local public health department to have so many people interested in this conference.
This coming Saturday, May 13, was the 14th Annual Letter Carriers Food Drive and that they may break the record set in 2004 of 55,000 lbs. of food collected.
Today has been designated National Peace Officers Memorial Day and this week is National Police Week, and read proclamation signifying importance of both; and that Wednesday, May 17, is Police Officers Memorial Day to honor law enforcement officers who made the ultimate sacrifice and service to their community or who have become disabled in the performance of their duty and let us recognize and pay respect to the survivors of our fallen heroes.
The Second Annual Commuter Bike Race was held today at 5:00 p.m. and Officer Benson beat the mayor by about a minute on the commuter challenge from City Hall to Altru Hospital.
Tonight Karen Grabanski from UND Trio Program made a brief presentation relative to their programs, that they work with students who come from disadvantaged backgrounds (economically disadvantaged, first generation students and students with disabilities), from middle school age up through college and thanked Mayor Brown for attending the mentoring activity and working with these students who came from various areas; that the Mayor also participated in a scholarship fund raising event for them which was held at the Eagles Club on April 1 and emceeing the event with Mayor Stauss of East Grand Forks and presented letter of gratitude. She presented information to the council members to make them more aware of their program.
AMEND AGENDA TO INCLUDE ITEMS TO SET PUBLIC
HEARINGS ON APPLICATIONS BY PS DOORS CORP. AND
MnDAK CONCRETE, INC. FOR FIVE-YEAR PROPERTY TAX
EXEMPTION ON BUILDING EXPANSIONS
Greg Hoover, urban development, reported that on May 1, 2006 the JDA approved financial assistance for expansion of Production Specialties Corp. and of MnDak Concrete, Inc., and recommended to the city council to grant approval to both firms for 5-year step-down property tax exemption as these projects are on an extremely fast track, and asked the city council to approver a motion to set the public hearing for June 12, and at that point the city assessor will have a report for you, and ask that you consent to have a special meeting of the city council on June 12 at 7:00 p.m. immediately preceding the committee of the whole scheduled for that date, and will allow for these projects to begin without any delay.
It was moved by Council Member Gershman and Council Member Brooks to add these items to the council agenda this evening. Carried 6 votes affirmative.
APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4142,
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
COLUMBIA PARK 32ND ADDITION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Columbia Park 32nd Addition, Grand Forks, 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 city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further 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.
The staff report from the Planning and Zoning Commission relating to request from Steve Adams on behalf of Arthur Greenberg, Jr. for final approval of the plat of the Columbia Park 32nd Addition (located between I-29 and South 38th Street, north of the Drainway and south of Lowe's Home Improvement Warehouse), with recommendation to give final approval of the plat, subject to the conditions shown on or attached to the review copy, to include final approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4143, AMENDING ZONING
MAP TO INCLUDE WITHIN GREENBERG PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDING NO. 1, TO INCLUDE COLUMBIA PARK 27TH
ADDITION AND COLUMBIA PARK 32ND ADDITION
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Greenberg PUD (Planned Use Development), Concept Development Plan and to include within the Greenberg PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, to include Columbia Park 27th Addition and Columbia Park 32nd Addition to the city of Grand Forks, 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 city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further 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.
The staff report from the Planning and Zoning Commission relating to request from Steve Adams on behalf of Art Greenberg, Jr. for final approval of an ordinance to rezone from Greenberg PUD (Planned Unit Development), Concept Development Plan, and to include within the Greenberg PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1 to include Columbia Park 27th Addition and Columbia Park 32nd Addition (located north of the Drainway and south of Lowe's Home Improvement Warehouse and the Grand Forks Market Place), with recommendation to give final approval to the ordinance, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Kreun and seconded by Council Member Brooks that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4144,
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE REPLAT
OF LOT A, BLOCK 4 OF REPLAT OF BLOCK 4 AND A
REPLAT OF BLOCK 2 AND BLOCK 3 OF THE PLAT OF
KORYNTA-LEMM SUBDIVISION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the replat of Lot A, Block 4 of the Replat of Block 4 and a Replat of Block 2 and Block 3 of the Plat of Korynta-Lemm Subdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 17, 2006, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further 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.
The staff report from the Planning and Zoning Commission relating to request from Mike Yavarrow on behalf of the City of Grand Forks, ND, Vernon and Judy Gornowicz, Violet Korynta Theis, Shirley Korynta Mumm, Audrey Korynta Bowers, and Violet Korynta, for final approval of the Replat of Lot A, Block 4 of the Replat of Block 4 and a Replat of Blocks 2 and 3 of the Plat of Korynta-Lemm Subdivision to the city of Grand Forks, ND (located north of 17th Avenue North and east of North 55th Street), with recommendation to give final approval to the plat, subject to conditions shown on or attached to the review copy and to include final approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
CONTINUE SECOND READING OF ORDINANCE TO
AMEND STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON REPLAT OF
LOT 4, BLOCK 2; LOT 1, BLOCK 3; BLOCK 4; LOTS 1 AND
2, BLOCK 5; LOTS 1 AND 2, BLOCK 6; LOT 1, BLOCK 9;
AND LOTS 1 AND 2, BLOCK 10, CAMPBELL ADDITON
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Lot 4, Block 2; Lot 1, Block 3; Block 4; Lots 1 and 2, Block 5; Los 1 and 2, Block 6; Lot 1, Block 9; and Lots 1 and 2, Block 10, Campbell Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 17, 2006 and upon which public hearing was schedule for this evening, was presented and read for consideration on second reading.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further 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.
The staff report from the Planning and Zoning Commission relating to request from Mike Yavarrow on behalf of the City of Grand Forks, ND, Ardell L. and Ina Jane Korynta, Tim Crary, and the Grand Forks County Water Resource District for final approval of the Replat of Lot 4, Block 2; Lot 1, Block 3; Block 4; Lots 1 and 2, Block 5; Lots 1 and 2, Block 6; Lot 1, Block 9; and Lots 1 and 2, Block 10, Campbell Addition to the city of Grand Forks, ND (located north of US Highway 2 and west of North 55th Street),
with recommendation to table final approval of the request and to include an ordinance amending the Street and Highway Plan, subject to the conditions shown on or attached to the review copy, and to hold the second reading of the ordinance on June 19, 2006.
It was moved by Council Member Kerian and seconded by Council Member Brooks that this recommendation be approved. Carried 6 votes affirmative.
INTRODUCE ORDINANCE AMENDING SECTIONS
11-0101 AND 11-0121 OF THE GRAND FORKS CITY
CODE RELATING TO CATS AND DOGS
The matter of the proposed ordinance relating to Sections 11-0101 and 11-01212 of the Grand Forks City Code relating to leash requirements for dogs in designated dog parks was presented to the city council.
Howard Swanson, city attorney, stated this ordinance creates an exception to the leash law that would allow animals to be off leash in an area designated by the council as a leash free dog park.
Council Member Gershman stated he would like to expand on to include the language to have invisible fenced yards excluded because people have made the investment of invisible fences and have businesses in Grand Forks that supply them and maintain them.
Council Member Christensen stated that many people are controlling their dogs in their yards with these invisible collars, and if have ordinance that precludes that and have to have a dog tethered, leashed or chained, and would amend at time it comes to vote on the ordinance.
Al Grasser, city engineer, stated the issue of fencing has been discussed with the Corps, when on the wet side of the levee one of the concerns is maintenance and that a fence can collect debris and become an obstruction to the free flow of the river; everything on the wet side of the levee is in a floodway and can get those in both summer and winter and those in the summer can come quick enough that don't have an opportunity to take some of those fences down. He stated as we look to remapping they are certifying the hydraulics capacity of the river and if we put anything in the river that impacts the hydraulics capacity it puts our remapping process at risk.
Council Member Gershman moved to amend the ordinance to include fencing. Council Member Glassheim seconded the motion.
Mr. Swanson stated that the ordinance is a leash ordinance, it isn't the establishment of a dog park, as that would be done by resolution, and would be action at an individual meeting where you designate an area and then determine whether it is going to be fenced or not. He noted that the draft ordinance allows a dog off leash in a designated area or dog park.
Council Members Gershman and Glassheim withdrew their motion.
Council Member Kerian moved to introduce the ordinance for first reading; Council Member Christensen seconded the motion.
Council Member Glassheim move to amend the motion by inserting in item (6) under Definitions to include the word "fenced" as part of the definition of what a leash free dog park is. Council Member Christensen seconded the amendment to the motion.
Council Member Glassheim stated it would be foolish to have an unfenced leash free area, bad for people who bicycle, those who walk, and conflict of activities is too great, will lead to failure and complaints; and in one of the places where they are considering it is rather narrow and by river and if have unfenced area, dogs going into the river, etc. and after receiving copy of survey from Brookline, that one third of all people surveyed after a three-year trial found that the unleashed unfenced dog parks interfered with enjoyment of the park, endangers public safety, poses a problem for young children, affected ability to use the park recreationally for playing, sunbathing, cycling, etc. and urged approval of the amendment.
Mr. Swanson stated by including that amendment you would not reserve the authority to then designate by resolution an unfenced dog park. He stated he would not interpret the amendment to add fence to include electronic fence under this; that he doesn't know how an invisible fence would work in a public dog park and his opinion is that it would not work because your dogs would not necessarily have a collar with the same frequency as the invisible fence, and would like to have more time to do further research on that, but their definition of fenced would not include under current reading, an invisible fence or an electronic fence.
Council Member Kreun stated that we should have two dog parks in town and shouldn't be limiting ourselves to a fenced in area or non-fenced area, should stay open and designate that when that comes out, don't need to put that in ordinance but in a resolution. There is another location on 24th and 34th where have been working with the Park District, that the best scenario is to have it fenced in, that they have been working with the Corps and they're opposed to put the dog park in that area along the river, but have an option to leave it fenced or unfenced.
Council Member Christensen stated he doesn't think we are going far enough, that Section 21-0121 Leash Requirements, and that there are some inconsistencies in the Definition that we have where talking at large or other physical restraints, subsection (5) under Section 11-0101, and that if we are to deal with these areas we should review 11-0101 so that the definitions are consistent with what we are trying to restrain and should also consider amending 11-0121.
Council Member Gershman stated as designated areas for dog parks and are looking at areas that have parking lot or ability to do a parking lot; and called the question.
Upon call for the question on the amendment the following voted "aye": Council Members Brooks, Glassheim, Gershman - 3; voting "nay": Council Members Christensen, Kerian, Kreun - 3; because of the tie vote, Mayor Brown voted no, and declared the amendment failed.
Upon call for the question on the original motion to introduce the ordinance for first reading and the following voted "aye": Council Members Gershman, Christensen, Kerian, Kreun - 4; voting "nay": Council Members Brooks, Glassheim - 2. Mayor Brown declared the motion carried.
Council Member Brooks introduced an ordinance entitled "An ordinance amending Sections 11-0101 and 11-0121 of the Grand Forks City code relating to cats and dogs", which was presented, read and passed on its first reading.
GRANT PRELIMINARY APPROVAL OF APPLICATIONS BY
PRODUCTION SPECIALTIES CORP. AND MnDAK CONCRETE
INC. FOR FIVE-YEAR PROPERTY TAX EXEMPTIONS ON
BUILDING EXPANSIONS AND ESTABLISH PUBLIC HEARING
The matter of the applications for five-year property tax exemptions by Production Specialties Corp. and MnDak Concrete, Inc. to expand their businesses at 1150 South 48th Street and 5000 DeMers Avenue were presented to the city council for setting of the date for public hearing on the applications.
Council Member Gershman moved to set the date for the public hearings on the applications for exemption as Monday, June 12, 2006 at 7:00 p.m. to hear any comments or testimony in favor of and in opposition to the granting of the tax incentives. Council Member Brooks seconded the motion. Carried 6 votes affirmative.
APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO COMMERCIAL
AND RESIDENTIAL BUILDINGS
The staff report from the assessing department relating to applications for exemption of remodeling improvements to commercial and residential building at 315 Kittson Avenue and 920 25th Avenue South; with recommendation to grant exemptions of increased value for 3 years.
It as moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
EXEMPT LICENSING OF TRANSIENT MERCHANTS
AT ART FEST EVENT
The staff report from the public information center relating to transient merchant license exemption for Grand Cities Art Fest Event, with recommendation to approve the 2006 Art Fest event vendors and artists exemption from purchasing transient merchant licenses.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
APPROVE ALERUS CENTER SERVICE PEN
The staff report from the Alerus Center and city administrator relating to Alerus Center service pen, with recommendation to approve funding from the Alerus debt service fund.
Charlie Jeske, executive director of Alerus Center, stated that the request is for $105,000 which includes the $66,640 plus the $35,000.
It was moved by Council Member Gershman and seconded by Council Member Kreun to approve the recommendation.
The city auditor stated the dollar amount that we approved several months ago for infrastructure for utility relocates, firewall and architectural services for work being done in conjunction with Canad was approx. $491,079, and recommendation at that time was that we were going to take that from 2169 sales tax infrastructure fund and would be paid back from the Debt Service Fund when dollar amounts have accumulated to repay that; and looks as though that whole dollar amount can be repaid in 2009 the year after we finish paying back the money that was loaned to the Alerus from the Water Utility for the purchasing of property and paving of parking lot; that this $105,000 is not specifically designated out of the operating area of the Alerus Center, that part of the pen work is caused by the redoing and the adding of Canad to the facility, and would have funds available to take that directly out of the Debt Service Fund and leave about $181,000 of cash in the Debt Service Fund after all the expenses come out of that fund for this year, and would have the opportunity to amend the budget to do that for the capital items. He stated his suggestion was to take the $105,000 directly from the Debt Service Fund.
Council Member Brooks moved an amendment to the motion to include the budget amendment, Council Member Christensen seconded the motion. Carried 6 votes affirmative.
Upon call for the question, as amended, and upon voice vote, the motion carried 6 votes affirmative.
ADOPT RESOLUTION CREATING SPCIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR WATERMAIN PROJECT NO. 5968, DISTRICT NO. 291
The staff report from the engineering department relating to creating special assessment district for Project No. 5968, District No. 291, watermain for 40th Avenue South from South Washington Street to the west line of Highland Point 1st Addition, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.
Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8907 - Resolution.
The city auditor presented and read the engineer's report on Watermain Project No. 5968, District No. 291: Document No. 8908 - Report.
Council Member Gershman introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8909 - Resolution.
It was moved by Council member Gershman and seconded by Council Member Kerian that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Watermain Project No. 5968, District No. 291, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; 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,
SEWER PROJECT NO. 6003, DISTRICT NO. 446
The city engineer's estimate of total cost of the construction of sanitary sewer for Meadow Ridge 1st Addition in the amount of $32,697.00, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6003, District No. 446, sanitary sewer for Meadow Ridge 1st Addition, 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 Gershman introduced the following resolution which was presented and read: Document No. 8910 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kerian that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 6004, DISTRICT NO. 292
The city engineer's estimate of total cost of the construction of watermain for Meadow Ridge 1st Addition in the amount of $28,868.70, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6004, District No. 292, watermain for Meadow Ridge 1st Addition, 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 Gershman introduced the following resolution which was presented and read: Document No. 8911 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kerian that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 6005, DISTRICT NO. 447
The city engineer's estimate of total cost of the construction of storm sewer for Meadow Ridge 1st Addition in the amount of $35,306.25, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6005, District No. 447, storm sewer for Meadow Ridge 1st Addition, 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 Gershman introduced the following resolution which was presented and read: Document No. 8912 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kerian that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 6006, DISTRICT NO. 622
The city engineer's estimate of total cost of the construction of paving for Meadow Ridge 1st Addition in the amount of $77,907.64, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6006, District No. 622, paving for Meadow Ridge 1st Addition, 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 Gershman introduced the following resolution which was presented and read: Document No. 8913 - Resolution.
It was moved by Council Member Gershman and seconded by Council Member Kerian that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
AWARD CONTRACT FOR PROJECT NO. 5956, RE-ROOF
WATER TREATMENT PLANT
The staff report from the engineering department relating to consideration of bids for Project No. 5956, re-roof water treatment plant, with recommendation to award contract to low bidder, Greenberg Roofing and Sheet Metal Company for the base bid in the amount of $93,920.00.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved and the contract awarded. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay: none. Mayor Brown declared the motion carried and the contract awarded.
AWARD BIDS FOR PROJECT NO. 5902, 2006 SIDEWALK
REPAIRS
The staff report from the engineering department relating to bids for Project No. 5902, 2006 Sidewalk Repairs, with recommendation to award contract to low bidder, Anderson Construction in the amount of $133,311.00, based on estimated quantities per unit price.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
AWARD BIDS FOR PROJECT NO. 5849, T.E. BIKEPATH
The staff report from the engineering department relating to bids for construction of Project No. 5849, T.E. Bikepath at North 55th Street and University Avenue, with recommendation to award contract to low bidder, Aggregate Industries in the amount of $114,445.10.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 5849, T.E. BIKEPATH
The staff report from the engineering department relating to Amendment No. 1 to engineering services agreement for Project No. 5849 T.E. Shared Use Path along 55th Street and University Avenue, with recommendation to approve Amendment No. 1 with Widseth, Smith & Nolting for construction administration services in the amount of $37,763.00; and to approve engineering budget amendment No. 1 to transfer $13,500.00 from fund 4108 Cash Carryover to Fund 4108 Work-in-Progress.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.
AWARD CONTRACT FOR PROJECT NO. 5904, 2006
ASPHALT STREET REPAIRS; PROJECT NO. 5919, 2006
BIKEPATH MAINTENANCE AND CONSTRUCTION; AND
PROJECT NO. 5985, GREENWAY TRAIL CONNECTIONS
The staff report from the engineering department relating to consideration of bids for Project No. 5904, 2006 Asphalt Street Repairs; Project No. 5919, 2006 Bikepath Maintenance and Construction; and Project No. 5985, Greenway Trail Connections; with recommendation to award contract to Aggregate Industries in the amounts of $62,183.50, $14,804.70 and $24,687.00 for a total contract in the amount of $101,675.20.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
AWARD CONTRACT FOR PROJECT NO. 5990, 2006
ENGLISH COULEE DIVERSION SEEDING
The staff report from the engineering department relating to bids for Project No. 5990, 2006 English Coulee Diversion Seeding, with recommendation to award contract to lowest bidder, Davidson Construction, in the amount of $32,175.00.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
AWARD CONTRACT FOR PROJECT NO. 5869, LINCOLN
DRIVE SLEDDING HILL PARKING LOT AND LIGHTING
The staff report from the engineering department relating to Project No. 5869, Lincoln Drive Sledding Hill Parking Lot and Lighting, with recommendation to award contract to lowest responsive bidder, Opp Construction, in the amount of $87,657.50.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
DENY REQUEST TO DISMISS BUILDING PERMIT FEES
FOR HOUSE AT 5491 LANARK DRIVE
The staff report from the building inspections department relating to request by Mario LaPlane on behalf of Forx Home Builders Association to dismiss the building permit fees for a home being constructed in partnership with the Red River Valley Habitat for Humanity, with recommendation for one time approval of the dismissal of the building permit fee for this new home being built during the Habitat for Humanity, 2006 Home Builders Blitz.
Council Member Christensen moved that we not dismiss the fee of $711.00, seconded by Council Member Kerian.
Bev Collings, building inspections, reported that we have waived the fees in the past for the Grand Forks School District when house built as a school project at the site of the school, last one done in 2002, and that if it was moved to a property within the city's jurisdiction, then the fee would be put into place, whereas if built and moved to another community, the fee would be continued to be waived but in the past have not waived the fee for Habitat for Humanity or Easter Seals.
After further discussion and upon call for the question and upon voice vote, the motion carried 5 votes affirmative; Council Member Brooks voted against the motion.
ACCEPT PETITIION TO VACATE PORTION OF SOUTH
50TH STREET AND ADJACENT EASEMENTS AS SHOWN
IN CONCRETE, INC. ADDITION
The staff report from the Planning and Zoning Commission relating to petition from Concrete, Inc. for approval to vacate a portion of South 50th street and adjacent utility easement and roadway easement for an intended cul-de-sac as shown on the Concrete, Inc. Addition (located in the 5000 block of DeMers Avenue), with recommendation to give approval to the petition to vacate and to set a public hearing date as prescribed by law.
It was moved by Council Member Gershman and seconded by Council Member Kerian that the recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Thursday, July 6, 2006 at 7:00 p.m. Carried 6 votes affirmative.
APPROVE FINAL PLAT OF CONCRETE INC. FIRST
RESUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Wells Concrete Products, Inc. for final approval (fast track) of the Concrete Inc. First Resubdivision, being a replat of Lot 1, Block 1, Concrete Inc. Addition and unplatted parts of the NW Quarter of the NW Quarter of Section 7, Township 151 North, Range 50 West, city of Grand Forks (located south of DeMers Avenue between South 48th street and Burlington Northern Amtrak Subdivision), with recommendation to give final approval to the request, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK
1, ADAMS-DOBMEIER SUBDIVISION
The staff report from the Planning and Zoning Commission relating to request from Keith Danks, Jr. on behalf of Plainsman Investments for final approval (fast track) of the Replat of Lot 1, Block 1, Adams-Dobmeir Subdivision (located at North 55th Street and University Avenue), with recommendation to give final approval to the request, to include a variance from Section 18-0204, definition of a minor subdivision, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOT T, BLOCK
6, CONGRESSIONAL FIRST ADDITION
The staff report from the Planning and Zoning commission relating to request from CPS, Ltd. on behalf of Eastern Dakota Alliance for final approval (fast track) of the Replat of Lot T, Block 6, congressional First Addition to the city of Grand forks, ND (located at 1098 Selkirk Circle), with recommendation to give final approval to the request, including a variance from Section 18-0204, definition of a minor subdivision and subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOTS 2 AND
8, BLOCK 1, BROWN'S ADDITION
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Karen Scott for final approval (fast track) of the Replat of Lots 2 and 8, Block 1, Brown's Addition to the city of Grand Forks, ND (located at 2813 Belmont Road), with recommendation to give final approval to the request, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
ACCEPT PETITION TO VACATE UTILITY EASEMENT
ADJACENT TO LOTS 2, 8 AND A, BLOCK 1, BROWN'S
ADDITION
The staff report from the Planning and Zoning Commission relating to petition from Karen Scott and Pat Fisher for approval to vacate a utility easement adjacent to Lots 2, 8 and A, Block 1, Brown's Addition (located in the 2800 block of Belmont Road), with recommendation to give final approval to the petition and set a public hearing date as prescribed by law.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Thursday, July 6, 2006 at 7:00 p.m. Carried 6 votes affirmative.
ACCEPT PETITION TO VACATE PORTION OF 47TH
AVENUE SOUTH R/W EAST OF LOAMY HILLS DRIVE
TO THE RED RIVER
The staff report from the Planning and Zoning Commission relating to petition from City of Grand Forks for approval to vacate 47th Avenue South right of way from 125 feet east of Loamy Hills Drive to the Red River of the North (located between Sunbeam Addition and River Oaks Addition to the city of Grand Forks, ND), with recommendation to give final approval to the petition and set a public hearing date as prescribed by law.
It was moved by Council Member Gershman and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Thursday, July 6, 2006 at 7:00 p.m. Carried 6 votes affirmative.
APPROVE FINAL PLAT OF REPLAT OF LOT 2, BLOCK
3 AND LOT 1, BLOCK 4 AND VACATED SERVICE ROAD,
WASHINGTON ESTATES ADDITION