Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, May 15, 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, May 15, 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, Sande, Klave, Beyer, Babinchak, Hagness - 11; absent: Council Member Geller - 1.

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.

COUNCIL MEMBER JOHNSON REPORTED PRESENT

PRESENT 20/20 GREATER GRAND FORKS VIDEO
FOR VIEWING

The city council viewed a video put together by the Visioning Steering Committee for the 20/20 Visioning Project, Greater Grand Forks. There were comments by Bob Gustafson, Grand Forks Chamber of Commerce, and Bob Boyd, University of North Dakota.

COUNCIL MEMBER McCABE REPORTED PRESENT

PRESENTATION OF HEALTH OFFICER CERTIFICATES

Dr. James Brousseau, city health officer, stated that in this modern day they need more expertise in the health field and for that reason has asked Dr. Jim Hargreaves, Infectious Diseases, and Dr. Eric Lunn, Maternal and Child Health, to join him in positions of authority in the health department.

Don Shields, executive director of health department, presented certificates
to Dr. Hargreaves, appointed as Grand Forks Infectious Disease Officer, and to Dr. Lunn, as Grand Forks Maternal and Child Health Officer.

PRESENT AWARDS TOBACCO FREE NORTH DAKOTA

Deb Swanson, city health nurse, rep. Tobacco Free North Dakota, presented awards to the Grand Forks Regional Airport Authority, Bob Selig, executive director, for providing a smoke-free environment for the passengers and visitors that pass through the doors of the Airport; and to Gail Kalenze, elementary school teacher, Belmont Elementary School, for outstanding service award.

APPROVE MINUTES MARCH 20 AND APRIL 3, 1995

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, March 20, 1995 and of the regular meeting held on Monday, April 3, 1995 were presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Babinchak that these minutes be approved as read. Carried 13 votes affirmative.

ADOPT ORDINANCE NO. 3515, RE. ANNEXATION OF
COLUMBIA PARK 24TH ADDITION AND PART OF
WEST HALF OF SW QUARTER NW QUARTER SECTION 21,
T151N, R50W, 5TH PM

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, all of Columbia Park 24th Addition, Grand Forks, North Dakota
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and a portion of the West Half of the Southwest Quarter of the Northwest Quarter of Section 21, Township 151 North of Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on April 17, 1995, was presented and read for consideration on second reading and final passage.

The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

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

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the ordinance adopted.

ADOPT ORDINANCE NO. 3516, RE. LAND DEVELOPMENT
CODE, ZONING REGULATIONS IN R-1 AND R-2 DISTRICTS

An ordinance entitled "An ordinance relating to the Land Development Code, Chapter XVIII, the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning; Section 18-0209(3) relating to conditional uses", which had been introduced and passed on its first reading on April 17, 1995, 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.

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 for final approval of an ordinance to amend the text of the Land Development Code, Article 2. Zoning Regulations; Section 18-0208, R-1 Single Family Residence District and R-2 One and Two Family Residence District, subsection (3) Conditional Uses (D) Structures of Historical Significance, and recommended final approval and passage of the ordinance to amend the text of the Land Development Code.

It was moved by Council Member Glassheim and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the ordinance adopted.

APPROVE FINAL PLAT, AND ADOPT ORDINANCE NO.
3517, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF MEDICAL PARK FOURTH 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
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shown as dedicated on the plat of Medical Park Fourth Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 17, 1995 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.

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 city engineering and planning departments on behalf of the City of Grand Forks, ND for final approval of the plat of Medical Park Fourth Addition to the city of Grand Forks, ND, being a portion of the N 1/2 of the SW 1/4 of Section 8, Township 151 North, Range 50 West of the 5th Principal Meridian (located in the southwest corner of South 30th Street and 11th Avenue South), 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 Map.

It was moved by Council Member Glassheim and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the ordinance adopted.

ADOPT ORDINANCE NO. 3518, AMENDING ZONING
MAP TO INCLUDE WITH I-2 DISTRICTS ALL OF
SW QUARTER SE QUARTER SECTION 31, T152N R50W
OF FIFTH PRINCIPAL MERIDIAN, LESS CERTAIN
PROPERTIES

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District, all of the Southwest Quarter of the Southeast Quarter of Section 31, Township 152 North of Range 50 West of the 5th Principal Meridian less Skelly Oil Company Subdivision and less Iseman Corporation Tract, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 17, 1995 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.

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 CPS, Ltd. on behalf of Darryl Wilson and the Trillium Corporation for final approval of an ordinance to amend the Zoning Map to rezone and to exclude from B-3 (General Business) District and to include within the I-2 (Heavy Industrial) District all of the Southwest Quarter of the 14019
May 15, 1995

Southeast Quarter of Section 31, Township 152 North of Range 50 West of the 5th Principal Meridian, less Skelly Oil Company Subdivision and less Iseman Corporation Tract, Grand Forks, ND (located between I-29 and North 48th Street and between Rose Avenue and 17th Avenue North extended), and recommended final approval and passage of the ordinance amending the zoning map.

It was moved by Council Member Glassheim and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness- 13; voting "nay": none. President Hagness declared the ordinance adopted.

APPROVE FINAL PLAT AND ADOPT ORDINANCE NO.
3519, TO AMEND STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF RAY RICHARDS GOLF COURSE 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 Ray Richards Golf Course Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Northwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on April 17, 1995, 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.

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 CPS, Ltd. on behalf of Plant Services of the University of North Dakota for final approval of the plat of Ray Richards Golf Course Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Northwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian (located south of DeMers Avenue between South 34th street and South 42nd 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 Map.

It was moved by Council Member Glassheim and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the ordinance adopted.

ADOPT ORDINANCE NO. 3520, AMENDING ZONING MAP
TO INCLUDE WITHIN COLUMBIA PARK PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 7, WITHIN COLUMBIA
PARK 15TH ADDITION
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May 15, 1995

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 6, and to include within Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 7, with all substantive changes lying within Columbia Park 15th Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 17, 1995, 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.

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 Arthur Greenberg, Jr. for final approval of an ordinance to amend the Zoning Map and to exclude from Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 6, and to include within Columbia Park PUD (Planned Unit Development), Concept Development Plan, Amendment No. 7, all of Columbia Park 15th Addition to the city of Grand Forks, ND (located between South 34th and 38th streets and between 24th and 30th Avenues South), and recommended final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance amending the zoning map.

It was moved by Council Member Glassheim and seconded by Council Member Hanson that this recommendation be and is hereby approved. Carried 13 votes affirmative.

It was moved by Council Member Sande and seconded by Council Member Beyer that the ordinance be amended to include "..with all substantive changes lying within..." after the words "...Amendment No. 7," in the ordinance. Carried 13 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, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. 3521,
TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC
R/W SHOWN AS DEDICATED ON THE PLAT OF CENTENNIAL
ESTATES 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 Centennial Estates Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on first reading on April 17, 1995, 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.

President Hagness called upon the audience to see if there was anyone present
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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 Pribula Engineering and Surveying on behalf of Keith Danks for final approval of the plat of Centennial Estates Addition to the city of Grand Forks, ND, being a part of the Northeast Quarter of the Southeast Quarter of Section 7, Township 151 North of Range 50 West of the 5th Principal Meridian (located south of 11th Avenue South extended between South 42nd Street and Interstate 29), 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 Map.

It was moved by Council Member Glassheim and seconded by Council Member Beyer that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the ordinance adopted.

ADOPT ORDINANCE NO. 3522, AMENDING ZONING
MAP TO INCLUDE THE EAST HALF OF SE QUARTER
OF SECTION 7, T151N, R50W OF 5TH PRINCIPAL
MERIDIAN WITHIN CENTENNIAL ESTATES PUD,
CONCEPT DEVELOPMENT PLAN

An ordinance entitled "an ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the A-1 (Limited Development) District, and to include within Centennial Estates PUD (Planned Unit Development), Concept Development Plan, the East Half of the Southeast Quarter, and the south 142 feet of the East Half of the Northeast Quarter of Section 7, Township 151 North of Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which had been introduced and passed on first reading on April 17, 1995, 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 to date no protests or grievances 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.

Robert Bushfield, city planner, reported that he had met with property owners and requested that they delay construction of manufactured housing park for a year, that one of the problems in that development of manufactured housing subdivision is the extension of utilities, that utilities in about as far as 40th Street and that without necessary right of way unable to do; that they have agreed to delay action for a year. He stated they were proposing that the council pass ordinance but delay effective date to May 1, 1996.

Keith Danks, Jr. stated they are willing to go along with the delay for a year and concurs with Mr. Bushfield's comments.

President Hagness closed the public hearing.

The City Planning and Zoning Commission reported having considered the matter of the request from Pribula Engineering and Surveying on behalf of Keith Danks 14022
May 15, 1995

for final approval of an ordinance to amend the zoning map and to exclude from the A-1 (Limited Development) District and to include within Centennial Estates PUD (Planned Unit Development), Concept Development Plan, the East Half of the Southeast Quarter, Section 7, Township 151 North of Range 50 West of the 5th Principal Meridian (located between 11th and 17th Avenues South and between South 42nd Street and Interstate 29), and recommended final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance amending the zoning map.

It was moved by Council Member Glassheim and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Carried 13 votes affirmative.

It was moved by Council Member Glassheim and seconded by Council Member Hamerlik to amend the ordinance to change effective date of the ordinance to May 1, 1996 and to add additional unplatted land (area expanded to the north a distance of 142 feet to include a portion of the East Half of the Northeast Quarter of Section 7, Twp. 151 North of Range 50 West.) Carried 13 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, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the ordinance adopted.

CONTINUE SECOND READING OF ORDINANCE TO IMPOSE
SOLID WASTE SURCHARGE TO JUNE 19, 1995

An ordinance entitled "An ordinance adopting Section 13-0408.1 of the Grand Forks City Code relating to a garbage and rubbish collection surcharge", which had been introduced and passed on its first reading on April 17, 1995, was presented and read for consideration on second reading.

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that second reading of the ordinance be continued to June 19, 1995, and the ordinance be referred back to the public service committee for further consideration. Carried 13 votes affirmative.

Mark Lambrecht, asst. director of public works, reported that the State Legislature did away with the 20-cent mo. surcharge that was to fund the regional solid waste district, that the District asked that the City pick up the surcharge and continue the surcharge in the same amount and form of collection, that the City is going to continue the surcharge and designate it partially to assist the regional solid waste board to continue their work and to help us site a new landfill; that they do not agree with way in which ordinance written in that it was written as being a City-imposed surcharge with the City using their discretion to designate the purposes for which the surcharge may be used, one of which is perpetuation of the Solid Waste Board, however, the Board wanted the entire proceeds of the surcharge turned over to them for their discretionary use; that he didn't feel they could go forward with ordinance as drafted without additional discussion.

ADOPT ORDINANCE NO. 3523, RELATING TO ON-STREET
TRUCK PARKING

An ordinance entitled "An ordinance amending Section 8-0904 of the Grand Forks City Code relating to on-street truck parking", which had been introduced and passed on its first reading on May 1, 1995, was presented and read for consideration on second reading and final passage.

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Howard Swanson, city attorney, reviewed several minor changes in the ordinance: change in name of title to eliminate any confusing reference to residential districts, that in subparagraph (1) they give reference in the first phrase, "..except as otherwise provided in this section". that the balance of subsection (1) reflects present Code; subsection (2) is a new provision which authorizes the city council to designate an on-street truck parking area, and subsection (3) virtually identical to what is existing in present Code. It was moved by Johnson and Sande to amend the ordinance accordingly. Carried 13 votes affirmative.

After some discussion relative to the size of the trucks and parking of campers/trailers on city streets and upon call for the question of adoption of this ordinance and upon roll call, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the ordinance adopted.

HOLD PUBLIC HEARING AND APPROVE APPLICATION
BY PROMARK ONE MARKETING, INC. FOR FIVE-YEAR
PROPERTY TAX EXEMPTION ON PROPOSED EXPANSION
AT 4324 UNIVERSITY AVENUE

The city auditor reported that pursuant to the provisions of Section 40-57.1 of the North Dakota Century Code, the city council had scheduled a public hearing for this evening to consider the application of ProMark One Marketing, Inc., 4324 University Avenue, for a five-year exemption of ad valorem taxation on the expansion of their existing facility at 4324 University Avenue (Lot B, Replat of Lots 17 and 20, Block B, Replat of Block 2, Village Resubdivision No. 2), which the applicant will use in the operation of his business (telemarketing services), and further that no protests or grievances had been filed with his office; however, he had not received affidavit of publication of the notice from the applicant.

A representative of ProMark One presented fax-back from the Grand Forks Herald verifying that they published the necessary documents in a timely fashion on April 22 and 29, 1995.

President Hagness called for the public hearing on this matter.

Elder Linda Hariston, 710 4th Avenue South, appeared and made comments relative to taxation.

There were no further comments and President Hagness closed the public hearing.

It was moved by Council Member McCabe and seconded by Council Member Beach that we do find and determine that the publication did occur on April 22 and 29 in the Grand Forks Herald and further find and determine an insufficiency of protest on the application. Carried 13 votes affirmative.

It was moved by Council Member Hoeppner and seconded by Council Member Hamerlik that we approve the application and grant a five-year 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. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the motion carried.

DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 529, PROJECT NO.4246
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May 15, 1995

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 529, Project No. 4246, paving on North 51st Street from 6th Avenue North to approximately 135 ft. north of 7th Avenue North, had expired on April 28, 1995 and had been continued until this evening because of a two-week delay in the bid opening, and that he had received no written protests.

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6490 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Paving District No. 529, Project No. 4246, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST AND AWARD CONTRACT, PAVING PROJECT NO.
4246, DISTRICT NO. 529

The city auditor presented and read tabulation of bids which had been received and opened on May 8, 1995 for Paving Project No. 4246, District No. 529, paving on North 51st Street from 6th Avenue North to approximately 135 ft. north of 7th Avenue North, indicating that Valley Contracting Company was the low bidder based upon their bid in the amount of $89,625.75: Document No. 6491 - Bid Tabulation.

The city engineer's estimate of total cost on Paving Project No. 4246, District No. 529, in the amount of $114,000.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4246, District No. 529, paving North 51st Street from 6th Avenue North to 7th Avenue North, and recommended that we accept the low bid of Valley Contracting Company in the amount of $89,625.75.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6491.1 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Beyer that this resolution awarding the contract for Paving Project No. 4246, District No. 529, to Valley Contracting Company be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 103, PROJECT NO. 4308

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 103, Project No. 4308, street lighting in Mighty Acres First Addition, had expired on May 12, 1995, and that he had received no written protests.
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May 15, 1995

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6492 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 103, Project No. 4308, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 104, PROJECT NO. 4309

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 104, Project No. 4309, street lighting on 11th Avenue South from South 30th Street to South 38th Street, had expired on May 12, 1995, and that he had received no written protests.

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6493 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 104, Project No. 4309, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 106, PROJECT NO. 4311

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 106, Project No. 4311, street lighting on South 36th Street from 22nd to 24th Avenue South in Birkholz' 4th Addition, had expired on May 12, 1995 and that he had received no written protests.

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6494 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 106, Project No. 4311, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, STREET LIGHTING PROJECTS
NOS. 4308, 4309 AND 4311

The city auditor presented and read tabulation of bids which had been received and opened on May 8, 1995 for Street Lighting Project No. 4308, District No. 103, street lighting in Mighty Acres First Addition; Project No. 4309,
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District No. 104, street lighting on 11th Avenue South from South 30th Street to South 38th Street; and Project No. 4311, District No. 106, street lighting on South 36th Street from 22nd to 24th Avenue South in Birkholz' 4th Addition; indicating that Bergstrom Electric, Inc. was the low bidder based upon their bids in the amounts of $9,590.00, $20,530.00 and $4,300.00 respectively, for a total bid of $34,420.00: Document No. 6495 - Bid Tabulation.

The city engineer's estimates of total cost for Street Lighting Project No. 4308, District No. 103; Project No. 4309, District No. 104; and Project No. 4311, District No. 106, in the amounts of $12,500.00, $26,500.00 and $5,500.00, respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the bids for Project No. 4308, District No. 103, street lighting in Mighty Acres; Project No. 4309, District No. 104, street lighting on 11th Avenue South from South 30th to South 38th street; and Project No. 4311, District No. 106, street lighting on South 36th Street from 22nd Avenue South to 24th Avenue South; and recommended that we accept the low bids of Bergstrom Electric, Inc. in the amounts of $9,590.00, $20,530.00 and $4,300.00 respectively, for a total bid of $34,420.00.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 13 votes affirmative.

Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 6495.1 - Resolution.

It was moved by Council Member Hamerlik and seconded by Council Member Klave that this resolution awarding the contract for Street Lighting Project No. 4308, District No. 103, Project No. 4309, District No. 104, and Project No. 4311, District No. 106, to Bergstrom Electric, Inc. be and is hereby adopted. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Beyer, Babinchak, Johnson, Hagness - 13; voting "nay": none. President Hagness declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 108, PROJECT NO. 4323

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 108, street lighting on North 47th Street from 6th Avenue North to 12th Avenue North, had expired on May 12, 1995, and that he had received no written protests.

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6496 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 108, Project No. 4323, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 109, PROJECT NO. 4343

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May 15, 1995

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 109, Project No. 4343, street lighting on 30th Avenue South and South 34th Street, had expired on May 12, 1995, and that he had received no written protests.

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6497 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 109, Project No. 4343, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 107, PROJECT NO. 4329

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 107, Project No. 4329, street lighting on North 36th Street from Gateway Drive to Conte Luna processing plant, had expired on May 12, 1995, and that he had received no written protests.

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

Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 6498 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Street Lighting District No. 107, Project No. 4329, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 13 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, STREET LIGHTING PROJECTS
NOS. 4323, 4343 AND 4329

The city auditor presented and read tabulation of bids which had been received and opened on May 8, 1995 for Street Lighting Project No. 4323, District No. 108, street lighting on North 47th Street from 6th Avenue North to 12th Avenue North; Street Lighting Project No. 4343, District No. 109, street lighting on 30th Avenue South and South 34th Street; and Street Lighting Project No. 4329, District No. 107, street lighting on North 36th Street from Gateway Drive to Conte Luna processing plant; indicating that Northern Electric Construction, Inc., Fargo, was the low bidder based upon their bids in the amounts of $16,676.00, $14,800.00 and $19,000.00, for a total bid of $50,476.00: Document No. 6499 - Bid Tabulation.

The city engineer's estimates of total cost for Street Lighting Project No. 4323, District No. 108; Street Lighting Project No. 4343, District No. 109; and Street Lighting Project No. 4329, District No. 107, in the amounts of $21,500.00, $19,000.00 and $24,500.00, respectively, were presented and read.

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4323, District No. 108, North 47th Street from 6th to 12th
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