Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, April 17, 1995

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Monday, April 17, 1995 at the hour of 7:30 o'clock p.m. with President Hagness presiding. Present at roll call were Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Beyer, Babinchak, Johnson, Hagness - 11; absent: Council Members McCabe, Geller - 2.

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

PRESENTATION OF PLAQUES

President Hagness presented plaque and expressed appreciation to Sheriff's Deputy Jenny Gustafson for presentation of alcohol and drug programs to schools and community.

President Hagness presented plaque to Sheila Bruhn and others for First Night celebration and expressed appreciation of community.

COUNCIL MEMBER BEYER EXCUSED

APPROVE MINUTES MARCH 6, 1995

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, March 6, 1995 were presented and read. It was moved by Council Member Babinchak and seconded by Council Member Johnson that these minutes be approved as read. Carried 10 votes affirmative.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3510, TO AMEND STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF COLUMBIA PARK 24TH 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 24th Addition, being a part of the Southwest Quarter of the Northwest Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 6, 1995, and upon which public hearing had been continued until this evening, was presented and read for consideration upon final passage.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The City Planning and Zoning Commission reported having considered the matter of the request from Steve Adams on behalf of Art Greenberg, Jr., for final approval of the plat of Columbia Park 24th Addition to the city of Grand Forks, ND, being a part of the Southwest Quarter of the Northwest Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian (located between South 26th Street and South Columbia Road and between South 36th Street and South 38th Street), and recommended final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance amending the Street and Highway Plan.

It was moved by Council Member Hoeppner and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 10 votes
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affirmative.

Upon call for the question of adoption of this ordinance and upon roll call, the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Johnson, Hagness - 10; voting "nay": none. President Hagness declared the ordinance adopted.

ADOPT ORDINANCE NO. 3511, TO AMEND ZONING
MAP TO INCLUDE WITHIN B-1 (LIMITED BUSINESS)
DISTRICT ALL OF KOBETSKY AND SCHOEN'S FIRST
RESUBDIVISION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the I-1 (Limited Industrial) District and to include within the B-1 (Limited Business) District, all of Kobetsky and Schoen's First Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 6, 1995, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

President Hagness called upon the audience to see if there was anyone present who had comments to make. There were none.

The City Planning and Zoning Commission reported having considered the matter of the request from Schoen Associates, Inc. on behalf of Winter Garden Associates, LLC, for final approval of an ordinance to amend the Zoning Map to exclude from the I-2 (Limited Industrial) District and to include within the B-1 (Limited Business) District all of Kobetsky and Schoen's First Resubdivision to the city of Grand Forks, ND (located at 901 University Avenue, old Kedney Warehouse building), and recommended approval and final passage of the ordinance amending the zoning map.

It was moved by Council Member Hoeppner and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Klave, Babinchak, Johnson, Hagness - 10; voting "nay": none. President Hagness declared the ordinance adopted.

COUNCIL MEMBERS BEYER AND SANDE REPORTED
PRESENT

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3512, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF PERKINS 2ND 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 Perkins 2nd Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 6, 1995, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The City Planning and Zoning Commission reported having considered the matter
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of the request from ReKard Development Corporation on behalf of Perkins Land Corporation for final approval of the plat of Perkins 2nd Addition to the city of Grand Forks, North Dakota, being a part of the Northeast Quarter of Section 20, Township 151 North, Range 50 West of the 5th Principal Meridian (located south of 32nd Avenue South between South 31st Street and South 34th Street), and recommended final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance amending the Street and Highway Plan.

It was moved by Council Member Hanson and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3513, AMENDING CHAPTER
12 OF THE CITY CODE RELATING TO TRUCKS

An ordinance entitled "An ordinance amending Sections 12-0403. 12-0404, and 12-0407 and adopting Section 12-0408 of the Grand Forks City Code relating to trucks", which had been introduced and passed on its first reading on April 3, 1995, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried and the ordinance adopted.

POSTPONE SECOND READING AND FINAL ACTION
ON INTRODUCED ORDINANCE RE. WASTEWATER
DISPOSAL

An ordinance entitled "An ordinance amending Article II of Chapter XV of the Grand Forks City Code relating to wastewater disposal", which had been introduced and passed on its first reading on April 3, 1995, was presented and read for consideration on second reading.

It was moved by Council Member Beyer and seconded by Council Member Klave that second reading of the ordinance be postponed to June 19, 1995.

Howard Swanson, city attorney, reported that this item needs EPA concurrence before we can adopt it finally, and anticipate to receive that in June of 1995; until we receive that it would be inappropriate to provide second reading.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3514, RELATING TO GRAND
FORKS GROWTH FUND

An ordinance entitled "An ordinance amending Sections 24-0105, 24-0106 and 24-0110 of the Grand Forks City Code relating to the Grand Forks Growth Fund", which had been introduced and passed on its first reading on April 3, 1995, was presented and read for consideration on second reading and final passage.
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Mr. Swanson reported that the ordinance as originally introduced would amend Section 24-0105 to include the mayor as a member, that there were several editorial changes that he made to include in this ordinance, in Section 24-0106 clarified that secretary/treasurer is one combined office as was elected; and also in Section 24-0110 the authority was incorrectly named and corrected the name, and recommended amending the ordinance as introduced, and to adopt the ordinance as amended.

It was moved by Council Member Beach and seconded by Council Member Babinchak to amend the ordinance as proposed by Mr. Swanson. Carried 12 votes affirmative.

Upon call for the question of adoption of this ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, Hoeppner, Hamerlik,Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried and the ordinance adopted.

DEFEAT ORDINANCE TEMPORARILY SUSPENDING
PROVISIONS OF THE CODE RE. RECLASSIFICATIONS

An ordinance entitled "An ordinance temporarily suspending Sections 6-0305 and 6-0306 of the Grand Forks City Code relating to reclassifications and adopting Section 6-0305.1 relating to the same", which had been introduced and passed on first reading on March 20, 1995, was presented and read for consideration on second reading.

Council Member Carpenter reported that the Civil Service Commission did adopt a moratorium on reclassifications through December 31, 1995, and to allow consideration of only those requests submitted prior to April 1, 1992 and not to allow any others, and urged defeat of the ordinance.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": none; voting "nay": Council Members Beach, Hoeppner, Hamerlik,Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12. President Hagness declared the ordinance defeated.

HOLD PUBLIC HEARING, DETERMINE INSUFFICIENCY OF
PROTEST, AND DIRECT THAT RESOLUTION OF ANNEXATION
OF AMUNDSON'S SECOND RESUBDIVISION 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 March 6, 1995, annexing all of Amundson's Second Resubdivision, 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 March 14 and 21, 1995. The city auditor further reported that no written protests had been filed with his office.

President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were none, and President Hagness closed the public hearing.

It was moved by Council Member Hanson and seconded by Council Member Beyer that a finding of insufficiency of protest to the annexation be entered. Carried 12 votes affirmative.
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It was moved by Council Member Babinchak and seconded by Council Member Hamerlik that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the Resolution of Annexation, with appropriate map, as was presented on March 6, 1995. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried and the annexation accomplished.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Hoeppner and seconded by Council Member Babinchak that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back with recommendation.
Carried 12 votes affirmative.

Public Safety Committee:
1) request for handicapped parking at 525 North 25th Street (on 6th Avenue N. side).
2) matter of safety problem on curve at intersection at 17th Avenue South and South 42nd Street.

REPORT OF BOARD OF ADJUSTMENTS

A communication from Bruce Melin, secretary, Board of Zoning Adjustments, was presented and read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Thursday, March 30, 1995, that notice had been published as required and that the following appeals were heard: 1) St. Mark's Evangelical Lutheran Church, 715 24th Avenue South, request for variance for a reduction to the 30 ft. setback requirement to erect an addition, with a variance to the west side of 6'8" from 30' to 23'4" and a variance on the south side of 4'4" from 30' to 25'8" allowed; 2) MDI Limited Partnership, 823 Lewis Blvd. #35, request for variance to the curb and landscaping requirements to erect an addition, with a motion approved to accept the existing trees and an additional three pine trees to provide the required buffer yards, to allow the elimination of curbing adjacent to the parking areas to allow the tenants easier access to the grassed area; 3) Daniel Walker, 810 Campbell Drive, request for variance to the accessory building requirements to construct a storage building, with a motion approved to allow an increase of 300 sq. ft. from 1000 sq. ft. to 1300 sq.ft. for a detached accessory building, total square footage includes an existing detached garage and an addition to this garage.

It was moved by Council Member Babinchak and seconded by Council Member Sand that this report be and is hereby received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 95-06, dated April 17, 1995, and totaling $1,134,279.97, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Hanson and seconded by Council Member Hoeppner that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried and the bills ordered paid.


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SET PUBLIC HEARING ON APPLICATION BY
PROMARK ONE MARKETING FOR FIVE-YEAR PROPERTY
TAX EXEMPTION FOR PROPOSED EXPANSION AT 4324
UNIVERSITY AVENUE, AS MAY 15, 1995

Committee No. 1, Finance, reported having considered the application by ProMark One Marketing for five-year property tax exemption on proposed expansion at 4324 University Avenue, and recommended to grant the five-year tax exemption as follows: 100% for the first year, 80% for the second year, 60% for the third year, 40% for the fourth year and 20% for the fifth year subject to the public hearing, and further that the public hearing be set for Monday, May 15, 1995.

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

It was noted that ProMark One Marketing has also submitted application to the Growth Fund.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

APPROVE APPLICATIONS FOR 3-YEAR REMODELING
EXEMPTION

Committee No. 1, Finance, reported having considered the applications for 3-year remodeling exemption on the following properties: a) 715 Lewis Boulevard, b) 2475 South Washington Street, c) 1901 32nd Avenue South, d) 905 North 25th Street, and e) 120 North 4th Street/302 2nd Avenue North, and recommended to approve the applications, with exceptions as noted by the assessor.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE RFQ FOR WAGE STUDY CONSULTANT, AND
AUTHORIZE COMMITTEE TO EVALUATE PROPOSALS

Committee No. 1, Finance, reported having considered the matter of RFQ for wage study consultant, and recommended to approve the Request for Qualifications for consultant to perform wage study for the City of Grand Forks.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Committee No. 1, Finance, reported having considered the matter of joint committee on wage study, and recommended to request the mayor to authorize this committee to evaluate the proposals and provide recommendation to the city council on the selection of a consultant to do the wage study.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ACCEPT BIDS FOR CITY FLAGS

Committee No. 1, Finance, reported having considered the matter of bids for
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city flags, and recommended to accept the bid of Deitz Business Promotions for 50 3'x5' nylon outdoor flags in the amount of $1,961.65, and 500 4"x6" muslin desk flags at a cost of $1,006.50 (prices include set-up costs); and further that the monies to purchase the flags be made from the Loan & Stabilization Fund, to be reimbursed from the sale of the flags through the civic auditorium and with administrative costs to be determined.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

APPROVE BUDGET AMENDMENTS

A request to amend the City Hall budget in the amount of $259.00 to replace picture in office, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Beyer that this amendment be and is hereby approved. Carried 12 votes affirmative.

A request to amend the budget in the amount of $24,000 to cover engineer/architect costs, EAPC, for Parking Ramp project, was presented and read. It was moved by Council Member Babinchak and seconded by Council Member Beyer that this amendment be and is hereby approved. Carried 12 votes affirmative.

APPROVE REQUEST BY AMERICAN HEART ASSN.
TO HOLD ANNUAL BIKE-A-THON ON MAY 20

Committee No. 2, Public Safety, reported having considered the request by American Heart Assn. to hold annual bike-a-thon on May 20, 1995, and recommended to approve the request.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE REQUEST FOR AMENDMENT TO CLASS 3
(BEER AND WINE) LICENSE AT 425 NORTH 42ND
STREET TO ALLOW SERVICE ON PATIO/DECK
ADJACENT TO BUILDING

Committee No. 2, Public Safety, reported having considered the request for amendment to the Class 3 (Beer and Wine) license at 425 North 42nd Street to allow service on patio/deck adjacent to the building, and recommended to approve the request.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

AUTHORIZE REMOVING PARKING ON EAST SIDE OF
NORTH 3RD STREET FROM LEWIS BOULEVARD NORTH ONE
BLOCK DURING CONSTRUCTION PROJECT

Committee No. 2, Public Safety, reported having considered a request by Dave Hillerud, Structures, Inc., to use parking lane on east side of North 3rd Street from Lewis Boulevard north one block for demolition and construction of new Grand Forks Public School District maintenance building, and recommended to approve the request; that Structures, Inc. coordinate signing with the traffic engineer; that a communication be sent to the Public School District
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safety officer, Rolland Scott, requesting cooperation in the matter of parking, with employees parking at Western Auto lot whenever possible; and to maintain bikepath to accommodate needs of pedestrians.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ACCEPT BIDS FOR MOSQUITO CONTROL

Committee No. 2, Public Safety, reported having considered the matter of purchase of insecticide for mosquito control, and recommended to authorize the health department to purchase up to 20 gal. of Solo 40-OS insecticide at $410/gal. from Public Health Supply, San Antonio, TX

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

Committee No. 2, Public Safety, reported having considered the matter of purchase of insecticide generator for mosquito control, and recommended to authorize the health department to purchase the electric ultra-low volume insecticide generator from Beecomist, Telford, PA

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

APPROVE BUDGET AMENDMENTS

A request to amend the Health Department budget for Communicable Disease in the amount of $5,333, cash carryover of unexpended funds in operations and maintenance, was presented. It was moved by Council Member Sande and seconded by Council Member Johnson that this amendment be approved. Carried 12 votes affirmative.

A request to amend the Health Department budget in the amount of $13,227, 1993-94 general health carryover and 1994 carryover in Project 2016-0001, was presented. It was moved by Council Member Sande and seconded by Council Member Johnson that this amendment be approved. Carried 12 votes affirmative.

APPROVE REQUEST TO SELL BUDDY POPPIES
BY VFW POST 1874 AND AUXILIARY

Committee No. 2, Public Safety, reported having considered the request by VFW Post 1874 and Auxiliary to sell buddy poppies on streets of Grand Forks May 1 through 7, 1995, and recommended to approve the request.

It was moved by Council Member Sande and seconded by Council Member Johnson that this recommendation be and is hereby approved. Carried 12 votes affirmative.

REFER REQUEST BY POLICE DEPARTMENT FOR
AUTHORIZATION TO INCREASE FORCE BY ONE
POSITION THROUGH GRANT BACK TO COMMITTEE

Committee No. 2, Public Safety, reported having considered the request by
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police department for authorization to increase force by one position through COPS FAST grant, and recommended to approve the request.

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

There was some discussion as to whether this position would continue at end of the grant, cost to City, if automatically included in budget, and how this position utilized by the department. Chief Paschke reported that under the Crime Bill, purpose is to get community oriented policing within the community, and cost over the three-year period for salary plus benefits $105,245, with cost to the City $30,245, plus $2,300 for uniforms and equipment. He stated that it was up to the City to decide whether to continue with the position after the three years is up through grant, although the government is encouraging that the cities strongly consider keeping that position(s). He also reported that the application submitted for the grant spells out some of the programs already in effect, counter-act program, crime prevention, but that they intend to expand on that through neighborhood watches and other community oriented things, and use this position to coordinate that throughout the department and the community.

Mr. Swanson advised that the council cannot put sunset clause on any individual, that under Civil Service regulations the termination of employment starts from the last hired, one with least seniority; that if grant funds terminate in the budget for that year, up to council to determine whether have work force reduction in that department or if find alternative sources for funding. He stated if a work force reduction it will be the least senior officer to be reduced and not necessarily the individual hired under this grant, unless you hire this individual under a contract outside the civil service code.

It was moved by Council Member Beyer and seconded by Council Member Beach to refer this matter back to the public safety committee for further consideration to determine actual costs and how program structured. Carried 12 votes affirmative.

INTRODUCE ORDINANCE IMPOSING SURCHARGE TO
FUND OPERATING COSTS FOR CONTINUATION OF DISTRICT
IV SOLID WASTE MANAGEMENT BOARD

Committee No. 3, Public Service, reported having considered the matter of future funding mechanism for District IV Solid Waste Management Board, and recommended to introduce the ordinance imposing the 20-cent surcharge at the time the State discontinues collection of the surcharge.

It was moved by Council Member Beyer and seconded by Council Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced an ordinance entitled "An ordinance

which was presented, read and passed on its first reading.

RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, SEWER
PROJECT NO. 4215, DISTRICT NO. 349

The city auditor presented and read tabulation of bids which had been received and opened on March 27, 1995 for Sewer Project No. 4215, District No. 349, storm sewer on 11th Avenue South from South 38th to South 40th Street, on South 40th Street from 150 ft. north to 450 ft. south of 13th Avenue South, indicating that Schipper Construction, Inc. was low bidder based upon their
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bid in the amount of $67,531.00: Document No. 6453 - Bid Tabulation.

The city engineer's estimate of total cost of Sewer Project No. 4215, District No. 349, in the amount of $ , was presented and read.

Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No.4215, District No. 349, storm sewer on 11th Avenue South and South 40th Street, and recommended to accept the low bid of Schipper Construction, Fargo,in the amount of $67,531.00.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6454 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this resolution awarding the contract for Sewer Project No. 4215, District No. 349, to Schipper Construction be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the resolution adopted and the contract awarded.

AWARD CONTRACT FOR WATERMAIN REPLACEMENT
PROJECT NO. 4275

Committee No. 3, Public Service, reported having considered the construction bids for Project No. 4275, watermain replacement, and recommended to accept the low bid of Molstad Excavating, Inc. in the amount of $192,795.00, which excludes schedule 4275.02.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.


AUTHORIZE ENTERING INTO THREE-WAY AGREEMENT
WITH DEVELOPER AND ENGINEER FOR INSTALLATION
OF UTILITIES AND APPROVE REQUEST FOR PAVING ON
30TH AVENUE SOUTH AND SOUTH 38TH STREET

Committee No. 3, Public Service, reported having considered the matter of utilities and paving on 30th Avenue South and South 38th Street, and recommended to authorize entering into a three-way agreement with the developer and engineer for installation of storm sewer; that we approve request for paving; and that the storm sewer improvements be accepted in lieu of the 50% up-front monies for the paving.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 12; voting "nay": none. President Hagness declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4289, SANITARY SEWER IN MIGHTY ACRES

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Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4289, private installation of sanitary sewer in Mighty Acres, and recommended approval of the plans and specifications contingent upon engineer's comments.

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

Council Member Babinchak asked to be excused from voting on this matter. It was moved by Council Members Glassheim and Hoeppner that she be excused from voting. Carried 11 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative, Council Member Babinchak passing her vote.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4290, WATERMAIN IN MIGHTY ACRES

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4290, private installation of watermain in Mighty Acres, and recommended approval of the plans and specifications contingent upon engineer's comments.

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

Council Member Babinchak asked to be excused from voting on this matter. It was moved by Council Members Glassheim and Hoeppner that she be excused from voting. Carried 11 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative, Council Member Babinchak passing her vote.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT
NO. 4308, STREET LIGHTING DISTRICT NO. 103

The city engineer's estimate of total cost of the construction of street lighting in Mighty Acres in the amount of $9,801.75, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4308, Street Lighting District No. 103, in Mighty Acres, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6455 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT
NO. 4309, STREET LIGHTING DISTRICT NO. 104

The city engineer's estimate in the total amount of the construction of street 13977
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lighting on 11th Avenue South from South 30th to South 38th Street, in the amount of $21,273.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4309, Street Lighting District No. 104, 11th Avenue South from 30th to 38th Street, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6456 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT
NO. 4311, STREET LIGHTING DISTRICT NO. 106

The city engineer's estimate of total cost of the construction of street lighting on South 36th Street from 22nd Avenue South to 24th Avenue South, in the amount of $5,313.00, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4311, Street Lighting District No. 106, South 36th Street from 22nd Avenue South to 24th Avenue South, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6457 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this resolution be and is hereby approved. Carried 12 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT
NO. 4329, DISTRICT NO. 107

The city engineer's estimate of total cost of the construction of street lighting on North 36th Street from Gateway Drive to the pasta plant, in the amount of $1,237.00, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4329, Street Lighting District No. 107, North 36th Street from Gateway Drive to pasta plant, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik
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April 17, 1995

that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6458 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
4323, STREET LIGHTING DISTRICT NO. 108

The city engineer's estimate of total cost of the construction of street lighting on North 47th Street from 6th Avenue North to 12th Avenue North, in the amount of $1,111.20, was presented and read.

Committee No. 3, Public Service, reported having considered the plans and specifications for Project No. 4323, District No. 108, street lighting on North 47th Street from 6th Avenue North to 12th Avenue North, and recommended that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6459 - Resolution.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that this resolution be and is hereby adopted. Carried 12 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PROJECT NO.
4343, STREET LIGHTING DISTRICT NO. 109