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Council Minutes

PROCEEDINGS OF THE CITY COUNCIL

OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 20, 2003

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, October 20, 2003 following the special committee of the whole at the hour of 5:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.

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:
1) had good clean family events and participants and fans coming together and congratulations to all the athletes and coaches to come out to be part of something exciting and good for the whole community
2) Dickinson sister city - put on great show for visitors to our community and included in this group were representatives from Dickinson for sister-city exchange and good to get reacquainted with some of the friends we made last year, they enjoyed the tours on Saturday morning and got to see progress of our flood protection project and the greenway and the growth and renovation of the downtown, and they enjoyed the games at the Alerus and the Engelstad arena. he stated they are looking at future exchanges and working on shared city issues and state legislative issues.
3) he stated we have the pleasure to welcome a delegation from our Japanese sister-city, Awano, they will be here to help us dedicate the generous and beautiful gift of the Japanese Garden, and invited the community to attend this dedication at 10:30 a.m. this Wednesday.
4) he thanked President Gershman for his suggestion of how to honor and memorialize our Angel, Joan Kroc, that this community would not be where we are today without her support and her most generous gift; that Mayor Stauss, President Gershman, EGF President Beauchamp and he will meet this week to consider all options for memorial that captures and the wonderful story of her caring and generosity.
5) this past weekend was the Annual Forks Curling Classic and final underway now at the Grand Forks Curling Club, and congratulated the organizers of the event.
6) October is crime prevention month and that he has signed a proclamation; this is opportunity to realize and remember the importance of crime prevention and prevention programs, and thanked the police department and all officers for a job well done.
7) there is a city-wide vote in 8 days - that on the ballot are two questions, whether they wish to advise the city council to construct a water park and whether City to have the authority to raise a quarter percent sales tax to pay for greenway and flood protection maintenance, infrastructure and the water park, and encouraged everyone to get out and vote; that he does support building a water park and supports a sales tax to pay for the bills that are in the mail.

TABLE PUBLIC HEARING AND SECOND READING OF AN
ORDINANCE TO AMEND THE STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF BIRKHOLZ HOMESTEAD ADDITION TO
NOVEMER 3, 2003

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 Birkholz Homestead Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 15, 2003, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter.

Dennis Potter, city planner, reported that the representatives of the Birkholz family have asked that this be tabled to your first meeting in November. It was moved by Council Member Kerian and seconded by Council Member Glassheim that the public hearing and second reading of the ordinance be tabled to November 3, 2003. Carried 7 votes affirmative.

TABLE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING IN R-4 MULTIPLE
FAMILY RESIDENCE, HIGH DENSITY DISTRICT, TO
ALLOW EXISTING NEIGHBORHOOD CONVENIENCE
GROCERY AND AUTOMOBILE SERVICE BUSINESSES
BY CONDITIONAL USE PERMIT TO NOVEMBER 3, 2003

An ordinance entitled "An ordinance amending the Grand Forks City Code of 1987 as amended; Chapter XVIII, Land Development Code; Article 2, Zoning; Section 18-0211 R-4 (Multiple-Family Residence High Density District; Subsection 3 Conditional Uses to allow existing neighborhood convenience grocery and automobile service businesses by conditional use permit", which had been introduced and passed on its first reading on September 15, 2003, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. Mr. Potter asked that this be tabled to your meeting of November 3.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that the public hearing and second reading of the ordinance be tabled to November 3, 2003. Carried 7 votes affirmative.

ADOPT ORDINANCE NO. 3998, AMENDING ZONING
MAP TO INCLUDE WITHIN SOUTHERN ESTATES PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 3, LOTS 1-21, BLOCK 6, ALL
OF COLUMBIA PARK 29TH ADDITION TO THE CITY
OF GRAND FORKS, NORTH DAKOTA

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. 2 and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, Lots 1-21, Block 6, all of Columbia Park 29th Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 15, 2003, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD. on behalf of Steve Adams 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 Number 2 and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan Amendment Number 3, Lots 1-21, Block 6, Columbia Park 29th Addition to the city of Grand Forks, North Dakota (located east of Pembrook Drive and Haleigh Drive, with recommendation to give final approval.

It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none.

ADOPT ORDINANCE NO. 3999, AMENDING ZONING
MAP TO INCLUDE WITHIN R-2 (ONE AND TWO FAMILY
RESIDENCE) DISTRICT LOTS 1-24, BLOCK 18, LINDSAY'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 R-4 (Multiple Family Residence, High Density) District and to include within the R-2 (One and Two Family Residence) District, Lots 1 through 24, block 18, Lindsay's Addition, city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 15, 2003, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The staff report from the Planning and Zoning Commission relating to the request from the Planning Department on behalf of the City of Grand Forks for final approval of an ordinance to amend the zoning map to exclude from the R-4 (Multiple-Family Residence, High Density) District and to include within the R-2 (One and Two Family Residence) District, Lots 1 through 24, Block 18, Lindsay's Addition to the city of Grand Forks, North Dakota (located at 1023 Almonte Avenue), 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 7 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4000, AMENDING ZONING
MAP TO INCLUDE WITHIN THE VILLAGE PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 3, LOTS G, 4 THROUGH 11, 15 AND 16,
BLOCK B, VILLAGE RESUBDIVISION NO. 2 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 Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No 3, Lots G, 4 through 11, 15 and 16, Block B, Village Resubdivision No. 2 Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 15, 2003, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The staff report from the Planning and Zoning Commission relating to the request from ICON Architectural Group on behalf of Mikkelson Consolidated for final approval of an ordinance to amend the zoning map to exclude from the Village PUD (Planned Unit Development), Concept Development Plan Amendment Number 2 and to include within the Village PUD (Planned Unit Development), Concept Development Plan Amendment Number 3, Lots G, 4-11, 15 and 16, Block B, Village Resubdivision Addition Number 2 to the city of Grand Forks, North Dakota (located between University Avenue and 5th Avenue North west of North 42nd Street), with recommendation to give final approval.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4001 RELATING TO PENSION
AND INSURANCE COMMISSION

An ordinance entitled "An ordinance amending section 7-0101(4) relating to the pension and insurance committee", which had been introduced and passed on its first reading on September 29, 2003, was presented and read for consideration on second reading and final passage.

It was moved by Council Member Kerian and seconded by Council Member Gershman that this ordinance be adopted.

Council Member Christensen stated that with the number and members on the committee (2 council members, 2 employee representatives and mayor or his designee) a quorum of 3 members shall constitute a quorum for transaction of business, and possibly could have 2 employee reps and the mayor's designee who could be an employee of the city, could conduct business without a city council person and that there should be a city council person of the three to conduct business. Council Member Hamerlik stated he had brought that up and is possible and that could be amended to include that, and reason it was not changed was because of difficulty in having a quorum present, that all those issues come before city council as pension committee being advisory of any action coming to the council, and that seemed to supercede the negative of not having a council member there.

Council Member Brooks stated that meetings are held during the day and difficult for working council members to attend those meetings, and has a problem with meeting being conducted by people who are acting on things that might benefit themselves, conflict of interest.

John Warcup, assistant city attorney, stated language could be written at a minimum of at least one council member being present for a quorum.

It was moved by Council Member Glassheim and seconded by Council Member Christensen to amend the ordinance to include the language, "Three members of the committee, at least one of which shall be a member of the city council at the time in office, shall constitute a quorum for the transaction of business."
Carried 7 votes affirmative.

Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE ELECTION OFFICIALS CHANGES FOR
SPECIAL CITY ELECTION TO BE HELD OCTOBER 28, 2003

The following changes in election officials for the special election to be held on October 28, 2003 were presented as follows:

Ward 1, Precinct 3 - Wilkerson Hall: Donna Kuzel, 2524 17th Avenue South, #7, and Carol Diamond, 807 Great Plains Court.
Ward 2, Precinct 1 - ND School for the Blind: Beverly Bale, inspector replacing Deborah Hildebrandt, 3511 7th Avenue North, and Tammy Bjerke (replacing Beverly Bale), 5356 5th Avenue North.
Ward 2, Precinct 3 - Winship School: Gary Huseby, 4224 Walnut Street.
Ward 7, Precinct 1 - Alerus Center: Marilyn Hunt (replacing Elaine Legg), 1224 Walnut Street.

It was moved by Council Member Christensen and seconded by Council Member Kreun that these changes in election officials be approved. Carried 7 votes affirmative.

APPROVE CHANGE ORDER FOR PROJECT NO. 5409,
2003 CITY SIDEWALKS

The staff report from the engineering department relating to Change Order No. 2 for Project No. 5409, 2003 City Sidewalks, with recommendation to approve Project No. 5409 Change Order No. 2 for 2003 Sidewalk Repairs in the amount of $26,535.40.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE FINAL PLAT OF REPOAT OF LOT 23,
BLOCK 3, BLAIR SATROM BAUKOL ADDITION

The staff report from the Planning and Zoning commission relating to the request from CPS, LTD on behalf of Kevin Dykema and Darin Grandstrand for final approval (fast track) of a replat of Lot 23, Block 3, Blair Satrom Baukol Addition to the city of Grand Forks, ND (located at 2253 and 2255 Springbrook Court), with recommendation to give final approval to the replat, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK
1, SOUTHBROOK ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Tim Crary on behalf of Crary Development, Inc. for final approval (fast track) of a replat of Lot 1, Block 1, Southbrook Addition to the city of Grand Forks, North Dakota (located in the 4700 block of Curran Court), with recommendation to give final approval to the replat, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.

ACCEPT PETITION FOR VACATION OF 12TH AVENUE
NORTH AND PARTS OF UTILITY EASEMENT NORTH
THEREOF ADJ. TO LOTS IN BLOCK 4, SUNNY NODAK
FARMS ADDITION
The staff report from the Planning and Zoning Commission relating to petition from Paul Sandstrom on behalf of RDO Equipment, Inc. for approval to vacate all of 12th Avenue North and parts of the utility easement north thereof adjacent to Lots 1 through 9, Block 2 and Lots 1 and 2, Block 4, Sunny Nodak Farms Addition (located between North 62nd Street and North 66th Street), with recommendation to set a public hearing as required by law.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required and the public hearing be set for Monday, December 1, 2003. Carried 7 votes affirmative.

INTRODUCE ORDINANCE RELATING TO USE OF
PUBLIC SEWERS

The staff report from environmental coordinator and director of public works relating to ordinance changes revising limits for biological oxygen demand (BOD) and total suspended solids (TSS), with recommendation to approve and hold first reading and to consider second reading after public notification and final approval by the EPA.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.

Council Member Christensen introduced an ordinance entitled "An ordinance amending Section 15-0204 of the Grand Forks City Code relating to use of public sewers", which was presented, read and passed on its first reading.

AUTHORIZE ENTERING INTO JOINT PROCUREMENT
WITH LIVERMORE/AMADOR VALLEY TRANSIT
AUTHORITY TO PURCHASE TRANSIT VEHICLE

The staff report from the public transportation superintendent and public works director relating to joint procurement with Livermore/Amador Valley Transit Authority (LAVTA) to purchase a 29-foot, Class 700 Gillig transit vehicle, with recommendation to enter into an intergovernmental agreement and purchase a 290-foot, Class 700 Gillig transit vehicle.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE BID FOR 2003/2004 SHUT-OFF BOX REPAIR/
REPLACEMENT, PROJECT NO. 5556

The staff report from the director of public works relating to the 2003/2004 water shut-off box repair/replacement, City Project no. 5556, with recommendation to approve bid as per the following and per attached bid tabulations: Soberaski, Inc., $89,000.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE APPOINTMENT TO PENSION/INSURANCE
COMMITTEE

The staff report from Mayor Brown relating to the Pension and Insurance Committee appointment, with recommendation to confirm the appointment of Council Member Curt Kreun for a three-year term as one of the city council representatives on the Pension and Insurance Committee.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.

APPROVE SETTLEMENT AGREEMENT FOR TERMINATION
OF HISTORIC HOME RELOCATION CONTRACT

The staff report from the urban development director relating to historic home relocation project, with recommendation to approve settlement agreement between the City of Grand Forks and Cameo Homes, Inc. for termination of historic home relocation contract.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.

APPROVE TRANSFER OF PROPERTY TO JAMES MURPHY
AND ROBIN MURPHY

The staff report from the assistant city attorney relating to transfer of Lot 2, Block 1, Auditor's 34th Addition to the city of Grand Forks to James Murphy and Robin Murphy, with recommendation for (1) adoption of a declaration of Lot 2, Block 1, Auditor's 34th Addition to the City of Grand Forks as surplus property; and (2) adoption of a resolution (Doc. 8295.1 - Res.) by city council waiving the requirements for advertising and public sale pursuant to Grand Forks City Code 2-0402(5)(F) and authorizing the sale of Lot 2, Block 1, Auditor's 34th Addn. to James Murphy and Robin Murphy for the sum of $47,000.00.

It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

SUSPEND AGENDA TO CONSIDER ITEM RELATING
TO RESOLUTION TO CALL CERTAIN BOND ISSUES

It was moved by Council Member Gershman and seconded by Council Member Glassheim to suspend the agenda to consider the item relating to resolution to call certain bond issues following the sale of Refunding Improvement Bonds, Series 2003A (Dike Improvements) and of Refunding Improvement Bonds, Series 2003B. Carried 7 votes affirmative.

AUTHORIZE ISSUANCE AND AWARD SALE OF
REFUNDING IMPROVEMENT BONDS, SERIES 2003A (DIKE
IMPROVEMENTS) AND REFUNDING IMPROVEMENT
BONDS, SERIES 2003B

The staff report from the finance and administrative services director relating to authorize the issuance and award the sale of A.) Refunding Improvement Bonds, Series 2003A (Dike Improvements) and B.) Refunding Improvement bonds, Series 2003B, with recommendation to adopt resolutions: A.) adopt resolution relating to $11,590,000 Refunding Improvement Bonds, Series 2003A (Dike Improvement Bonds; establishing terms and directing the issuance of definitive improvement warrants and providing for and appropriating special assessments for the support and maintenance of said funds and Resolution directing the issuance of bonds and prescribing the terms and covenants thereof. B.) adopt resolution relating to $4,510,000 Refunding Improvement Bonds, Series 2003B; establishing terms and directing the issuance of definitive improvement warrants and providing for and appropriating special assessments for the support and maintenance of said funds and Resolution directing the issuance of bonds and prescribing the terms and covenants thereof.

Alan Erickson, Springsted Incorporated, reported they received bids in their office at 10:00 a.m. this morning, that on the first issue, the $11.590,000 for the next phase of the dike improvements bonds, received 3 bids, low bidder is RBC Dain Rauscher Inc. with an interest rate of 4.1672%, about 30 basis points lower than originally thought when doing the initial estimates. The second issue for the $4,510,000 Refunding Improvement Bonds, Series B, for general improvement throughout the city, low bidder is U.S.Bancorp Piper Jaffray Inc. of the 4 bidders with 4.2506% which is also about 30 basis points lower than originally estimated, interest rates that were estimated for the special assessments associated with those can be lowered as well. He stated in talking with Moody's, they have reaffirmed the City's double Aa3 rating; that raters were extremely pleased with the City and the progress that has taken place since the flood and everything that is going on. He stated they had them out for a site visit a year ago and they are very pleased with the City and the 3 and the 4 bids are consistent with the number of bids you have received in the past, however, have attracted a couple new bidders, UBS Paine Weber from the east coast divisions and Wachovia Securities out of North Carolina starting to become interested and anytime we can increase the pool of potential bidders think that is a good thing also.

Council Member Brooks stated that they did cite the fact that the City has an unusually high debt load, manageable, but is high. The city auditor stated they have addressed that and that the City established a good relationship with Moody's in 1999 when we put together our first proposal on how we were going to fund on-going flood control assessment and try to control other capital areas, and thanks to the council and thanks as to how the progress has gone on the project, and have stuck to that and proven to them that the City and body of policymakers are controlling that debt to the best extent we can and they understand the unique nature of the flood control project and also observe on that chart when that high debt starts to roll off and since we first presented it, that has improved slightly and is something we have to deal with every time we issue a bond.

ADOPT RESOLUTION ESTABLISHING TERMS AND
DIRECTING ISSUANE OF DEFINITIVE IMPROVEMENT
WARRANTS ON THE FUND OF FLOOD DISTRICT NO. 14 AND
PROVIDING FOR AND APPROPRIATING SPECIAL ASSESSMENTS
FOR THE SUPPORT AND MAINTENANCE OF SAID FUND

Council Member Kerian introduced the following resolution and moved its adoption: Document No. 8296 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Christensen and upon vote being taken thereon the following voted in favor: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City Auditor.

RESOLUTION DIRECTING THE ISSUANCE OF $11,590,000
REFUNDING IMPROVEMENT BONDS, SERIES 2003A (DIKE
IMPROVEMENTS) AND PRESCRIBING THE TERMS AND
COVENANTS THEREOF

Council Member Kerian then introduced the following resolution and moved its adoption: Document No. 8297 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Christensen and upon vote being taken thereon the following voted in favor: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City Auditor.

RESOLUTION ESTABLISHING TERMS AND DIRECTING
ISSUANCE OF DEFINITIVE IMPROVEMENT WARRANTS ON
THE FUNDS OF STREET DISTRICT NO. 91, STORM SEWER
DISTRIST NOS. 420, 422 AND 426, PAVING DISTRICTS NOS. 589,
591, 590, 593 AND 594, SANITARY SEWER DISTRICTS NOS. 415,
418, 417, 419, 421 AND 425, WATERMAIN DISTRICTS NOS. 275,
276, 277 AND 279, LIGHTING DISTRICT NO. 139 AND LIFT STATION
DISTRICT NO. 416 AND PROVIDING FOR AND APPROPRIATING
SPECIAL ASSESSMENTS FOR THE SUPPORT AND MAINTENANCE
OF SAID FUNDS

Council Member Kerian introduced the following resolution and moved its adoption: Document No. 8298 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Christensen and upon vote being taken thereon the following voted in favor: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City auditor.

RESOLUTION DIRECTING THE ISSUANCE OF $4,510,000
REFUNDING IMPROVEMENT BONDS, SERIES 2003B AND
PRESCRIBING THE TERMS AND COVENANTS THEREOF

Council Member Kerian then introduced the following resolution and moved its adoption: Document No. 8299 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Christensen and upon vote being taken thereon the following voted in favor: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same: none; whereupon the resolution was declared passed and adopted and was signed by the Mayor and attested by the City Auditor.

ADOPT RESOLUTION AUTHORIZING CALL OF
CERTAIN OUTSTANDING GENERAL OBLIGATION
WATER AND SEWER REVENUE BONDS

Mr. Erickson, Springsted Incorporated, reported they had looked at bond issues that relate financially and 6 bond issues came up of interest, 1992A, 1992F. 1993F, 1993H, 1993I and 1993J, that the City has collected some money in advance and now have the ability to call these and pay them off early, and this gives you two things: have some money sitting there and it is earning interest at a very low rate because the re-investment rates are not favorable at this time and are paying at a higher rate on the bonds and are making a recommendation to call these bonds in, pay them off and it will take $2,135,000 of debt off of your books which is helpful for the rating agency, good for debt profile and will save almost $389,000 of future interest that you will not have to pay on that debt and for saving it is excellent to make that move and making recommendation to do that.

Council Member Gershman stated that the city auditor sent out an e-mail about the savings to the community and would like citizens to hear how this good news translates into dollars.

The city auditor stated that the interest of nearly $400,000 and highlight of paying off issues ahead of time is what they have been trying to do to keep our bond rating, and thinks that is critical.

Council Member Gershman introduced the following resolution and moved its adoption, which motion was seconded by Council Member Hamerlik: Document No. 8300 - Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon, the following members voted in favor thereof: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.

SUBMIT 2005 TRANSPORTATION ENHANCEMENT
PROJECT APPLICATION TO NDDOT

The staff report from the engineering department relating to 2005 Transportation Enhancement Project application, with recommendation to direct staff to submit a Transportation Enhancement grant application for a specified project.

It was moved by Council Member Kerian and seconded by Council Member Gershman that this recommendation be approved.

Council Member Kerian asked if there was any additional information on the bridges; Mr. Grasser stated that he didn't have any additional information and still have a lot of the unknowns today as did last week. Council Member Kerian moved that we direct staff to submit a Transportation Enhancement grant application for in this order of priority: 1) the Greenway Pedestrian Bridge and that is pending the ability to match with federal funding, 2) if that is not possible to go with the 17th Avenue Multi-Use Path. Council Member Gershman seconded the motion.
Mr. Grasser stated that the bridges in the greenway would be connecting Grand Forks/East Grand Forks, two bridges and they are in the flood protection project, budgeted within that entire scope of the project, and our local match comes out of special assessment portion; and East Grand Forks' share of the flood protection or majority of that is covered by the State of Minnesota.

Council Member Kreun stated that the bridge projects are going forward and are in the plan and this is just a better way to utilize our funding mechanisms if we can match federal funds with other types of federal funds, nothing has changed in the bridge programs but how to fund in a different manner.

Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

SET PUBLIC HEARING DATE OF NOVEMBER 3,
2003 ON SUBSTANDARD BUILDING AT 1101 1ST
AVENUE NORTH

The staff report from the building and zoning administrator relating to substandard dwelling and garage at 1101 1st Avenue North, with recommendation to find the dwelling and garage to be substandard and require the owner to bring property into compliance by demolishing the structures.

Bev Collings, building and zoning administrator, asked to change the recommended action, that she had both the dwelling and garage to be substandard, that she has been working with the property owner and would like motion to be changed to bring garage structure back into compliance by repairing it.

Council Member Hamerlik stated there is an ordinance that there can't be a garage on a lot unless there is a house there. Ms. Collings stated that is correct, and stated that this is actually two adjoining properties the Quimby's own and another dwelling and is going to combine the two lots and this will be the garage for the other dwelling.

Council Member Christensen suggested they condition change in motion on future replatting into the city and not end up having a garage on a lot. It was also suggested setting a deadline for completion of the project. Ms. Collings stated this is not a replat but a combination of the plat as long as ownership by the same owner and will do a combination in the office where they sign and it goes to the assessing office, and suggested June 1, 2004 as a reasonable timeframe considering the public hearing hasn't been set and when council finds building(s) substandard will probably be another 30 days from now. It was also suggested that Inspections give them a recommendation at the public hearing when demolition and platting have to take place, and when garage will have to be completed.

It was moved by Council Member Gershman and seconded by Council member Glassheim that this recommendation be approved and that the city auditor be directed to send notice of the public hearing to the proper individuals. Carried 7 votes affirmative.

APPROVE AGREEMENT FOR CURBSIDE RECYCLING
SERVICE

The staff report from the director of public works relating to recycling program overview and request for continuation of curbside recycling service, with recommendation to approve renewing the Residential/Multi-Family Recycling Agreement through 2005 based on the terms described below the Findings and Analysis section.

It was moved by Council Member Kerian and seconded by Council Member Gershman that the recommendation be approved along with the change in section 4, B and C, by Mr. Feland re. base tonnages and expectation of the 5% in each one of those and in section 15, voluntary termination with 90 days should the City or Waste Management want to get out of the agreement.

Ross Weiler, 701 North 3rd Street, stated this is program they should be doing as stewards for the land as caretakers of future generations and is something we need to promote and would like to see it go farther - that we have a timeline to close the local landfill due to its proximity to the airport and its fullness and because of that looking at moving the landfill location north into a township in our neighboring community of Manvel area, and suggested that in addition to the baling program to look into sorting and processing facility of our own to eliminate a lot of the recyclable items from solid waste to reduce the amount of landfill, that Fosston has a recycling center of their own that we could learn from to reduce the amount of waste, that we are regional hub for a lot of smaller communities whose landfills are closing due to requirements and need to look long term to make this a very responsible program.

Council Member Kreun stated this gives us the next step to get into the multi-family areas to increase the usage which gives more incentive; and stated that when reviewing this they considered whether the City should start distribution, do the collection and looked at Fosston's situation, and came up with the solution that Waste Management or firms like them are in the best position to market this material and are able to recycle and bring the materials to be reused and are lessening the usage of our landfill. Efficiencies and costs do dictate some of the things we do and with all of the different methods they considered felt that this is the best economic method for recycling that we have at this point in time and analyzed items that Mr. Weiler mentioned and that is what helped them come to this decision.

Council Member Glassheim questioned if retainage is a legal concept - that what we want it to mean is that they don't get the money - that if they don't meet the goal at the end of the year they don't get the money and if the word retainage says that or not. Mr. Warcup stated the question re. retainage may not be the best word, understands the concept, and might be better served to reword so that it is more clear that it is in fact a penalty or a charge and not something that will be recovered in the future by the contractor.

Council Member Christensen moved to amend the agreement that if the contractor does not meet the tonnage goal of a 5% increase, the City shall reduce the annual contracted amount by 5%. Council Member Brooks seconded the motion. Carried 7 votes affirmative.

City Attorney Warcup stated that is one way it would be acceptable. Mr. Feland stated that next year's goal is 5% and the 2005 goal is compounded goal and 5% of that - is 5% each year and have to meet that every year, otherwise hold back some money - this year and the following two years.

Upon call for the question of approval of the agreement, as amended, and upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none.

APPROVE ASSESSMENTS, VARIOUS PROJECTS

The city auditor presented and read the assessments as made by the Special Assessment Commission and the approval and confirmation of assessments by the Commission on the following projects and the amount of the assessments, and reported that the legal notice to the public that these assessments would be presented to the city council at this meeting had been published as required, and further that no protests or grievances had been filed with the auditor's office:

Project and District Nos. Amount of Assessment Annual Installments