Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 16, 2005
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 16, 2005 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; absent: Council Member Brooks - 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 that had received some news last week re. the Base and as city still have John Marshall in control and his job is to continue to keep the Base open and the tankers here and thanked him for his time and leadership and also to thank Senator Conrad, Senator Dorgan, Congressman Pomeroy and Governor Hoeven and all the local people, i.e., Military Affairs Committee for all the work they do, that this is not over and must stay focused on the fight; and come out with couple positives for our community, Cirrus expansion and the Abilene and Spaatz trophies for Base showing community support and excellence in the Wing, reported lower cost of living for the most recent quarter and listed as one of Forbes Magazine's top places to do business.
He stated this is National Bike Week, and congratulated to Officer Lavonne Nelson for strong second place finish in their race today, he edged her out in race from Altru to City Hall, and that he was in a car and she was on a bike - biking to work is a great idea.
He thanked General Haugen for coming to Grand Forks to recognize the National Guard employers for what they do to help our nation's security
He stated he had the pleasure to attend the 4th Grade Essay Contest called "My Favorite Older American" sponsored by the Service Providers for Seniors and that some of the award winners are here tonight: Erica Galloway and Kristen Kenyon read their essays.
ADOPT ORDINANCE NO. 4052, RELATING TO STORM
SEWER SERVICE CHARGES
An ordinance entitled "An ordinance amending Section 15-0117.1 of the Grand Forks City Code relating to storm sewer service charges", which had been introduced and passed on its first reading on May 2, 2005, was presented and read for consideration on second reading and final passage.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the city engineer relating to the amendments to Section 15-017.1 of the Grand Forks City Code relating to storm sewer service charges, with recommendation re. second reading and approval of the amended City Code Section 15-0117.1.
It was moved by Council Member Gershman and seconded by Council Member Christensen 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 Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4053, ANNEXING PARTS
OF NE QUARTER OF SE QUARTER OF SECTION 21,
T151N, R50W OF 5TH P.M.
An ordinance entitled "An ordinance to annex all that part of the Northeast Quarter of the Southeast Quarter and the south 190 feet of the west 754.24 feet of the Southeast Quarter of the Northeast Quarter of Section 21, Township 151 North, Range 50 West of the Fifth Principal Meridian, not previously annexed to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.
The deputy city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date she had received no written protests on this matter.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4054, ANNEXING PARTS OF
SE QUARTER OF NE QUARTER OF SECTION 27 AND PARTS
OF SW QUARTER OF NW QUARTER OF SECTION 26, T151N,
R50W OF 5TH P.M.
An ordinance entitled "An ordinance to annex all that part of the Southeast Quarter of the Northeast Quarter of Section 27, Township 151 North, Range 50 West of the Fifth Principal Meridian and all that part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 151 North, Range 50 West of the Fifth Principal Meridian (except lands previously annexed to the city of Grand Forks, North Dakota)", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.
The deputy city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date she had received no written protests on this matter.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
Upon call for the question of adoption of this ordinance and upon roll call vote the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 4055, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF COUNTRYVIEW THIRD RESUBDIVISION
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 Countryview Third Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.
The deputy city auditor reported that the required legal notice had been published calling for a public hearing this evening, and that to date no protests or grievances had been filed with her 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 CPS, Ltd on behalf of Country Development LLP for final approval of the plat of Countryview Third Resubdivision to the city of Grand Forks, ND (loc. north of Adams Drive and east of Belmont Road), with recommendation to give final approval of the plat subject to conditions shown or attached to the review copy, including final approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4056, AMENDING ZONING
MAP TO INCLUDE WITHIN R-1 (SINGLE FAMILY
RESIDENCE) DISTRRICT LOTS 1 THROUGH 9, BLOCK 1,
COUNTRYVIEW THIRD RESUBDIVISION
An ordinance entitled "An ordinance amending the zoning map; of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the R-1 (Single Family Residence) District all of Countryview Third Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The deputy city auditor reported that 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 her 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 CPS, Ltd. on behalf of Country Development LLP for final approval of an ordinance to amend the zoning map to exclude from the A-2 (Agricultural Reserve) District and to include within the R-1 (Single Family Residence) District for all of Countryview Third Resubdivision (located in the 5400 block of Belmont Road), with recommendation to include within the R-1 (Single Family Residence) Districts Lots 1 through 9, Block 1, Countryview Third Resubdivision and give final approval to the ordinance.
It was moved by Council Member Kerian and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Member Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4057, AMENDING THE ZONING
MAP TO INCLUDE WITHIN THE SOUTHERN ESTATES PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 4, ALL OF COLUBIA PARK 24TH
AND 26TH ADDITIONS, COLUMBIA PARK 29TH RESUBDIVISIION,
ALL OF SOUTHERN ESTATES FIRST, SECOND, THIRD AND
FOURTH ADDITIONS, AND ALSO INCLUDING UNPLATTED
PORTION OF THE SOUTH HALF OF SECTION 21, T151N,
R50W OF THE 5TH PRINCIPAL MERIDIAN
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3 and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, all of Columbia Park 24th and 26th Additions, Columbia Park 29th Resubdivision, all of Southern Estates First, Second, Third and Fourth Additions to the city of Grand Forks, North Dakota, and also including unplatted portion of the South Half of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The deputy city auditor reported that 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 her office.
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Southern Estates LLP for final approval of an ordinance to amend the zoning map to exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, all of Columbia Park 24th and 26th Additions, Columbia Park 29th Resubdivision, all of Southern Estates First, Second, Third and Fourth Additions to the city of Grand Forks, North Dakota, and also to include unplatted portions of the South Half of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian (located east of Columbia Road between 36th Avenue South and 47th Avenue South), with recommendation to give final approval to the ordinance, subject to conditions shown on or attached to the review copy.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4058, AMENDING ZONING
MAP TO INCLUDE WITHIN R-2 (ONE AND TWO FAMILY
RESIDENCE) DISTRICT LOTS 11 AND 12, BLOCK 9,
WESTACOTT'S 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 B-2 (General Business) District and to include within the R-2 (One and Two Family Residence) District Lots 11 and 12, Block 9, Westacott's Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been scheduled for this evening was presented and read for consideration on second reading and final passage.
The deputy city auditor reported that 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 hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from Greg Opp on behalf of Roadrunner Investment LLC for final approval of an ordinance to amend the zoning map to exclude from the B-3 (General Business) District and to include within the R-2 (One and Two Family Residence) District Lots 11 and 12, Block 9, Westacott's Addition to the city of Grand Forks, North Dakota (located at 1734 12th Avenue North), with recommendation to give final approval to the ordinance.
It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
CONTINUE FINAL APPROVAL OF PLAT AND PUBLIC
HEARING AND SECOND READING OF ORDINANCE
RELATING TO AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF COTTAGE HOMES ADDITION TO JUNE 20, 2005
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 Cottage Homes Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration of second reading.
The staff report from the Planning Department relating to the request from Steve Swanson, Advanced Engineering on behalf of Cottage Homesteads of America, Inc. for final approval of the plat of Cottage Homes Addition to the city of Grand Forks, ND (located west of South Washington Street between 40th and 44th Avenues South), with recommendation to table final consideration of the plat until June 20, 2005.
It was moved by Council Member Kreun and seconded by Council Member Gershman that this recommendation be approved and that public hearing and seconded reading of the ordinance be continued to June 20, 2005. Carried 6 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE AMENDING ZONING MAP TO INCLUDE
WITHIN COTTAGE HOMES ADDITION PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, ALL OF
COTTAGE HOMES ADDITION TO JUNE 20, 2005
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-2 (Agricultural Reserve) District and to include within the Cottage Homes Addition PUD (Planned Unit Development), Concept Development Plan, all of Cottage Homes Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The staff report from the Planning Department relating to the request from Steven Swanson, Advanced
Engineering on behalf of Cottage Homesteads of America, Inc. for final approval of an ordinance to amend the zoning map to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the Cottage Homes Addition PUD (Planned Unit Development), Concept Development Plan, all of Cottage Homes Addition (located west of South Washington Street between 40th Avenue South and 44th Avenue South), with recommendation to table final consideration of the rezoning of Cottage Homes Addition, Concept Development Plan, until June 20, 2005.
It was moved by Council Member Kreun and seconded by Council Member Gershman that this recommendation be approved. Carried 6 votes affirmative.
ADOPT ORDINANCE NO. 4059, AMENDING ZONING MAP TO
INCLUDE WITHIN B-1 (LIMITED BUSINESS) DISTRICT LOTS
B, C AND 8, BLOCK 51, ALEXANDER AND IVES 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 B-3 (General Business) District and to include within the B-1 (Limited Business) District, Lots B, C and 8, Block 51, Alexander and Ives Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The deputy city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date no protests or grievances had been filed with her 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 Red River Valley Community Action on behalf of Clyde Varnson for final approval of an ordinance to amend the zoning map to rezone and exclude from the B-3 (General Business) District and to include within the B-1 (Limited Business) District Lots B, C, and 8, Block 51, Alexander and Ives Addition to the city of Grand Forks, ND (located at 1015-1021 North 5th Street), with recommendation to give final approval to the ordinance.
It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
Council Member Christensen asked what the proposed use was for this property. A representative of Red River Valley Community Action is to build a permanent housing structure for homeless families and their children and place for them to go to become more self-sufficient and land had to be rezoned to allow them to build the structure (3rd Street Clinic is on the north side and a construction company is across from them). Mr. Potter, city planer, reported that the entire area is zoned B-3 for general business/commercial which does not allow residential use, that normally would zone this B-4 but by putting this in B-1, you can do R-4 uses which proponent wants to do and from planning standpoint looks cleaner to have B-1 and B-3 in the same area.
Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
Upon call for the question on adoption of the ordinance, and upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
CONTINUE FINAL APPROVAL OF PLAT AND PUBLIC
HEARING AND SECOND READING OF ORDINANCE
RELATING TO AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF REAL PRESENCE RADIO ADDITION TO JUNE 20, 2005
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 Real Presence Radio Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration of second reading.
The staff report from the Planning Department relating to the request from Advanced Engineering, Inc. on behalf of Lois Maier for final approval of the plat of Real Presence Radio Addition to the city of Grand Forks, ND (located at DeMers Avenue and South 69th Street), including a variance from Section 18-0907(2)(L) of the Land Development code relating to access onto minor arterials, with recommendation to table final consideration until June 20, 2005.
It was moved by Council Member Kreun and seconded by Council Member Gershman that this recommendation be approved and that public hearing and seconded reading of the ordinance be continued to June 20, 2005. Carried 6 votes affirmative.
ADOPT ORDINANCE NO. 4060, RELATING TO TAXICABS
- FARES - RATE ZONES, METERS
An ordinance entitled "An ordinance amending Section 21-0311(3) of the Grand Forks City Code relating to taxicabs - fares; rate zones, meters", which had been introduced and passed on its first reading on May 2, 2005, and was presented and read for consideration on second reading and final passage.
Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 606, PROJECT NO. 5672; AND AWARD
CONTRACT
The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 606, Project No. 5672, paving on 55th Avenue South from Belmont Road to Cherry Street, had expired on April 28, 2005 and that written protests had been received from 2.8% of the area of the assessment district.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
Council Member Glassheim introduced the following resolution as to protests, which was presented and read: Document No. 8699 - Resolution.
It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Paving District No. 606, Project No. 5672, as only 2.8% of the district filed protests, and that the resolution be adopted. Carried 6 votes affirmative.
The deputy city auditor presented and read the tabulation of bids which had been received and opened for Paving Project No. 5672, District No. 606, indicating that Strata Corporation, was the low bidder based upon their bid in the amount of $990,702.44.
The city engineer's estimate of total cost on Paving Project No. 5672, District No. 606, in the amount of
$990,703.55, was presented and read.
The staff report from the engineering department relating to bids for Project No. 5672, District No. 606, paving 55th Avenue South (Belmont Road to Cherry Street), with recommendation to award contract to low bidder Strata Corporation in the amount of $919,700.85, contingent upon concurrence by the North Dakota Department of Transportation.
Council Member Christensen stated that the special assessment district was established by earlier resolution of this council and that 6 protests were filed by homeowners who live on Chestnut Street and do not have enough protests to protest this out because of the size of the district but they have indicated that they have paid for their access both to the north and the street itself, and asked what they could do to change the size of the district so exclude the homes on both sides of Chestnut and Belmont from this special assessment district; and that the policy is to pay for frontage and sideage and after that paying for another street and a lot of it is for the benefit of the new subdivision and the rest of it for a future assessment district, and their specials are in the area of $4500.00 per home. Mr. Swanson stated that to defeat the action previously taken by the city council with regard to establishment of a special assessment district would be to reject the bids and send back to the engineering department for creation of a new map and come back through council, a complete new process with establishing a district and going through creation of plans and specifications and advertising.
Mr. Grasser, city engineer, stated they are using DOT money to pay for a large percentage of the roadway and storm sewer that has been bid through the DOT and if taking this out past 30 days the bids would be void and would take us out of the construction season for this year and not sure where it puts us for accessing federal funding again. Council Member Christensen stated this only has to do with 55th Avenue which is close to an arterial and there are homeowners who have protested it who have given rather valid reasons and deviating from policy and have people with no access to 55th on Belmont who are included in the district and questions why they would even pay any part of this road and wouldn't want to reconsider what we have done. He moved that we not create the special assessment district for Paving District 606 and 609. Mr. Swanson stated what is before council is award of the bids and if do not want to move forward with the project on either a) or b), motion would be to reject the bids.
Council Member Christensen moved to reject the bids for Projects Nos. 5672 and 5787 and approve the balance of the projects. The motion died for lack of a second.
It was moved by Council Member Glassheim and seconded by Council Member Gershman that this recommendation be approved and the resolution awarding the bid was presented and read: Document No. 8670 - Resolution. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Kerian, Kreun - 5; voting "nay": Council Member Christensen - 1. Mayor Brown declared the resolution adopted and the contract awarded.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 609, PROJECT NO. 5787; AND AWARD
CONTRACT
The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 609, Project No. 5787, paving on Chestnut Street from 55th Avenue South to the south property line of Lot 10 of Julien's Subdivision No. 2.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
Council Member Glassheim introduced the following resolution as to protests, which was presented and read: Document No. 8701 - Resolution.
It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Paving District No. 609, Project No. 5787 as no protests were filed, and that the resolution be adopted. Carried 6 votes affirmative.
The deputy city auditor presented and read the tabulation of bids which had been received and opened for Paving Project No. 5787, District No. 609, indicating that Aggregate Industries, North Central Region, was the low bidder based upon their bid in the amount of $32,609.50.
The city engineer's estimate of total cost on Paving Project No. 5787, District No. 609, in the amount of
$37,055.00 , was presented and read.
The staff report from the engineering department relating to bids for Project No. 5787, District No. 609, paving Chestnut Street (5400 block), with recommendation to award contract to low bidder Aggregate Industries, North Central Region, in the amount of $32,609.50, contingent upon concurrence by the North Dakota Department of Transportation.
It was moved by Council Member Glassheim and seconded by Council Member Gershman that this recommendation be approved and the resolution awarding the bid was presented and read: Document No. 8702 - Resolution Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Kerian, Kreun - 5; voting "nay": Council Member Christensen - 1. Mayor Brown declared the resolution adopted and the contract awarded.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 149, PROJECT NO. 5794
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. 149, Project No. 5794, street lighting on Curran Court from 48th Avenue South to Lot 30, Block 3, Southbrook 1st Addition, 48th Avenue South from South Washington Street to 850 feet west of South Washington Street, and on 49th Avenue South between east and west sections of Curran Court, had expired on April 28, 2005, and that no written protests were filed.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8703 - Resolution.
It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Street Lighting District No. 149, Project No. 5794, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 150, PROJECT NO. 5795
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. 150, Project No. 5795, street lighting on Pembrooke Drive from South 20th Street to 150 feet west of Brookshire Drive, on Brookshire Drive from Pembrooke Drive to 40th Avenue South, on Pendleton Drive from Pembrooke Drive to 40th Avenue South, had expired on April 28, 2005, and that no written protests were filed.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8704 - Resolution.
It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Street Lighting District No. 150, Project No. 5795, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 151, PROJECT NO. 5796
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. 151, Project No. 5796, street lighting on 8th Avenue North from North 53rd Street to North 55th Street, and on Promenade Court, south of 8th Avenue North, had expired on April 28, 2005, and that no written protests were filed.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8705 - Resolution.
It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Street Lighting District No. 151, Project No. 5796, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 152, PROJECT NO. 5797
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. 152, Project No. 5797, street lighting on Lydia Circle (north of 18th Avenue South), had expired on April 28, 2005, and that no written protests were filed.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8706 - Resolution.
It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Street Lighting District No. 152, Project No. 5797, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 154, PROJECT NO. 5799
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. 154, Project No. 5799, street lighting in Sertoma Park, had expired on April 28, 2005, and that no written protests were filed.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8707 - Resolution.
It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Street Lighting District No. 154, Project No. 5799, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 155, PROJECT NO. 5800
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. 155, Project No. 5800, street lighting in University Park, had expired on April 28, 2005, and that no written protests were filed.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8708 - Resolution.
It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Street Lighting District No. 155, Project No. 5800, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 156, PROJECT NO. 5801
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. 156, Project No. 5801, street lighting in Optimist Park, had expired on April 28, 2005, and that no written protests were filed.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8709 Resolution.
It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Street Lighting District No. 156, Project No. 5801, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, STREET LIGHTING
PROJECTS
The deputy city auditor presented and read tabulation of bids which had been received for street lighting projects in various areas of the city, indicating that RBB Electric was the low bidder based upon their bid in the total amount of $122,298.96.
The city engineer's estimates of total cost on the following projects were presented and read: Project No.5794, District No. 149, in the amount of $33,800.00; on Project No. 5795, District No. 150, in the amount of $22,850.00; on Project No. 5796, District No. 151, in the amount of $18,900.00; on Project No. 5797, District No. 152, in the amount of $4,900.00; on Project No. 5799, District No. 154, in the amount of $21,400.00; on Project No. 5800, District No. 155, in the amount of $23,500.00; and on Project No. 5801, District No. 156, in the amount of $30,200.00.
The staff report from the engineering department relating to consideration of bids for Project No. 5794, District No. 149, street lighting in Southbrook Addition, Phase 2; Project No. 5795, District No. 150, street lighting in Columbia Park 29th Resubdivision, Phase 2; Project No. 5796, District No. 151, street lighting in Promenade 1st Addition and 2nd Resubdivision; Project No. 5797, District No. 152, street lighting in Lydia Circle; Project No. 5799, District No. 154, walkway lighting in Sertoma Park; Project No. 5800, District No. 155, walkway lighting in University Park, Project No. 5801, District No. 156, street lighting in Optimist Park; with recommendation to award contract to low bidder, RBB Electric in the amount of $122,298.96.
It was moved by Council Member Glassheim and seconded by Council Member Gershman that this recommendation be approved. Carried 6 votes affirmative.
Council Member Glassheim introduced the following resolution which was presented and read: Document No. 8710 - Resolution.
It was moved by Council Member Glassheim and seconded by Council member Gershman that this resolution awarding the contracts for Street Lighting projects to RBB Electric, Inc. be adopted. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.
ADOPT RESOLUTION RESTRUCTURING SLUG's IN
1997 ALERUS BOND ESCROW ACCOUNT
The staff report from the finance department relating to restructuring SLUGs held in 1997 Alerus Bond Escrow Account, with recommendation to adopt resolution authorizing staff to restructure SLUGs in the Alerus bonds escrow account.
It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.
Council Member Christensen introduced the resolution which was presented and read: Document No. 8711 - Resolution.
It was moved by Council Member Christensen and seconded by Council Member Kerian that the recommendation and the resolution be approved. Carried 6 votes affirmative.
ADOPT APPLICATION FOR CLASS 1 ALCOHOLIC
BEVERAGE LICENSE AT 1503 N. WASHINGTON STREET
The staff report from the city auditor relating to application for Class 1 (General On and Off Sale) alcoholic beverage license by MTR, Inc. dba Broken Drum 1503 North Washington Street, with recommendation to approve issuance of the license contingent upon the approval and sign off by appropriate departments (fire, health and inspections).
It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved.
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Hamerlik and Glassheim. Carried 5 votes affirmative.
Upon call for the question of adoption of the application and upon voice vote, the motion carried 5 votes affirmative; Council Member Gershman recused.
ADOPT RESOLUTION IN SUPPORT OF DRU'S LAW
The staff report from Council Member Gershman relating to resolution in support of Dru's Law, with recommendation to approve the resolution.