Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 17, 2009

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, August 17, 2009 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, Glassheim, Gershman, Bakken, Kreun - 5; 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 items during the past week and upcoming events:
Congratulations to Jeffrey Burgess for his promotion to lieutenant and to D.J. Middleton on his promotion to sergeant, and were officially sworn in last week at the promotional ceremony, and that the Grand Forks Police Department will be holding an awards ceremony on Wednesday, August 19, at 2:00 p.m. in the police building. Awards will be presented to several citizens for outstanding contributions to the department and Grand Forks Police Department employees will also be recognized in a variety of areas including life saving, firearm proficiency, physical fitness, appreciation and years of service awards as well as the Sergeant Wayne "Andy" Anderson meritorious service award. Everyone is welcome.
Congratulations to the Airport Authority, UND Aerospace and our community on today's opening of the new E/W runway at the airport and a special thanks to the Authority for guiding this project and to our Congressional delegation, Senators Conrad and Dorgan and Congressman Pomeroy were instrumental in making this project possible and also the delegation was also critical in another Grand Forks opening this week for the new VA Clinic in Grand Forks. We have long tradition of supporting our military men and women in this community and surrounding region.
At the Town Square this coming Saturday for this season's last installment of the Blues on the Red.
This Wednesday evening beginning at 5:30 p.m. is the special budget presentation of his 2010 budget, that have been working hard on this and appreciates the council participation, and encourages everyone to attend or watch on GFTV2 at 5:30 p.m. to learn more about city budgeting priorities and choices that go into making the budget.

Council Member McNamara reported present.

EMPLOYEE RECOGNITION

Mayor Brown reported there were five city employees who have reached employment milestones and recognized the following employees and thanked them for their dedication.
Terry Larson, 35 years, equipment operator with the sanitation department.
Capt. Ron Grande of the fire department has worked for city since 1989, 20th year.
Bill Macki, 15 years with the Grand Forks police department and received sergeant's stripes in 2005.
Don Shields, public health director, 15 years
Brad Gengler, planning director, 10 years of employment.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4270,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT
OF McENROE SECOND 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 McEnroe Second Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 20, 2009, 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 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 AE2S on behalf of Johnson Farms and Turning Point, LLC for final approval of the plat of McEnroe Second Resubdivision to the City of Grand Forks, ND (located on Garden View Drive, east of South 42nd Street), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance to amend the Street and Highway Plan.

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 the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4271, AMENDING ZONING MAP
TO INCLUDE WITHIN McENROE FIRST PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 1, ALL OF McENROE FIRST ADDITION
AND McENROE SECOND RESUBDIVISION

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the McEnroe First PUD PUD (Planned Unit Development), and Garden View Estates PUD (Planned Unit Development), Concept Development Plan, Area 3-1 and to include within the McEnroe First PUD (Planned Unit Development, Concept Development Plan, Amendment No. 1, all of McEnroe First Addition and McEnroe Second Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on July 20, 2009, 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 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 AE2S on behalf of Johnson Farms and Turning Point, LLC for final approval of an ordinance to amend the zoning map to rezone and exclude from the McEnroe First PUD (Planned Unit Development) and Garden View Estates PUD Area 3-1 and to include within the McEnroe First PUD, Concept Development Plan Amendment No. 1, all of McEnroe First Addition and McEnroe Second Resubdivision (located on Garden View Drive east of South 42nd Street), with recommendation to five final approval to the ordinance.

It was moved by Council Member Gershman and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO 4272, AMENDING SECTION
3-0108 OF THE GRAND FORKS CITY CODE RELATING
TO CONTINUING EDUCATION OF MUNICIPAL JUDGE

An ordinance entitled "An ordinance amending Section 3-0108 of the Grand Forks City Code relating to continuing education of municipal judge", which had been introduced and passed on its first reading on August 3, 2009, was presented and read for consideration on second reading and final passage.

Mayor Brown opened a public hearing, there were no comments, and the hearing was closed.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4273, AMENDING SECTION
9-0105 OF THE GRAND FORKS CITY CODE RELATING
TO INTERFERING WITH OR OBSTRUCTING PUBLIC
OFFICERS OR EMPLOYEES

An ordinance entitled "An ordinance amending section 9-0105 of the grand Forks City Code relating to interfering with or obstructing public officers or employees", which had been introduced and passed on its first reading on August 3, 2009, was presented and read for consideration on second reading and final passage.

Mayor Brown opened a public hearing, there were no comments, and the hearing was closed.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4274 RELATING TO TECHNICAL
CODE CORRECTIONS

An ordinance entitled "An ordinance relating to technical Code corrections amending Section 2-1002(3) of the Grand Forks City Code relating to uses for eminent domain; Section 8-0801 of the Grand Forks City Code relating to parking prohibited, generally; amending Section 10-0411 relating to appeal from a determination by the Grand Forks City Code of a substandard structure; amending Section 13-1103 and adopting Section 13-1103.1 of the Grand Forks City Code relating to smoking restrictions and retaliation; and amending Section 21-0106(29) of the Grand Forks City Code relating to restaurant fees", which had been introduced and passed on its first reading on August 3, 2009, was presented and read for consideration on second reading and final passage.

Mayor Brown opened a public hearing, there were no comments, and the hearing was closed.

Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4275 AMENDING SECTION
6-0602 AND 6-0603(28) OF GRAND FORKS CITY CODE
RELATING TO DISCIPLINE OF CIVIL SERVICE EMPLOYEES

An ordinance entitled "An ordinance amending Section 6-0602 and 6-0603(28) of the Grand Forks City Code relating to discipline of civil service employees", which had been introduced and passed on its first reading on August 3, 2009, was presented and read for consideration on second reading and final passage.

Mayor Brown opened a public hearing, there were no comments, and the hearing was closed.

Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4276, ADOPTING SECTION 9-0202
RELATING TO LANDING OR TAKEOFF OF AIRCRAFT AT
UNAUTHORIZED AIRPORTS, HELIPADS OR OTHER
UNAUTHORIZED LOCATIONS PROHIBITED AND PENALTIES

An ordinance entitled "An ordinance adopting Sections 9-0202 of the Grand Forks City Code relating to landing or takeoff of aircraft at unauthorized airports, helipads or other unauthorized locations prohibited and amending Section 9-0503 of the Grand Forks City Code relating to penalties", which had been introduced and passed on its first reading on August 3, 2009, was presented and read for consideration on second reading and final passage.

Mayor Brown opened a public hearing, there were no comments, and the hearing was closed.

Howard Swanson, city attorney, reported that the draft ordinance has been submitted to the FAA and to the representatives of UND that had appeared, and they have indicated no objections to it.

Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4277, AMENDING SECTION
2-0301 RELATING TO LOCAL DISASTER OR EMERGENCY
An ordinance entitled "An ordinance amending Section 2-0301 of the Grand Forks City Code relating to local disaster or emergency", which had been introduced and passed on its first reading on August 3, 2009, was presented and read for consideration on second reading and final passage.

Mayor Brown opened a public hearing, there were no comments, and the hearing was closed.

Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE REQUEST BY RHOMBUS GUYS FOR SPECIAL
EVENT ON AUGUST 28, 2009

The staff report from Public Information Center relating to noise variance and special license to sell alcoholic beverages at designed premises for Rhombus Ruckus 2009 - Rhombus Guys, with recommendation to approve noise variance and special license to sell alcoholic beverages at designated premises with appropriate conditions of the overall special events.

Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Member Bakken and seconded by Council Member Kreun. Carried 5 votes affirmative.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote the motion carried 4 votes affirmative, Council Member Bjerke voting against the motion, and Council Member Gershman recused.

MATTER OF INSURANCE SERVICES FOR THE
CITY OF GRAND FORKS

The staff report from the city auditor and the city attorney relating to insurance services for the City of Grand Forks, ND, with recommendation to award insurance services for the next three years.

It was moved by Council Member Bjerke for approval of the motion and continue with the rotation basis and that Thompson Insurance would be next firm to serve based on past rotation. Council Member Gershman seconded the motion. Carried 6 votes affirmative.

APPROVE ASSESSMENT DISTRICT FOR PROJECT NO.
4704.5, DISRICT NO.14.5, PERMANENT FLOOD PROTECTION
PROJECT, FOR NEWLY ANNEXED PROPERTY

The staff report from the finance department relating to Assessment District Project No. 4704.5, Permanent Flood Protection District No. 14.5 for newly annexed property from June 2008 to June 2009, and other properties with the lot-line changes due to changes in the dike line, with recommendation to include newly annexed property within the special assessment district No. 14.5 and authorize subsequent assessment for the Flood Control Project to newly annexed property and previously assessed property that had lot-line changes due to changes in the dike line.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
APPROVE ASSESSMENT DISTRICT FOR PROJECT NO.
5048.7, DISTRICT NO. 563.3, PAVING PORTION OF SOUTH
42ND STREET, FOR NEWLY ANNEXED PROPERTY

The staff report from the finance department relating to Assessment District Project No. 5048.7, paving South 42nd Street, 17th Avenue South and 11th Avenue South, District No. 563.3, for newly annexed property in the future assessment district. This property is Lot D, Block 1 of Aurora Plaza Addition; with recommendation to include newly annexed property within the special assessment district No. 563.3 and authorize subsequent assessment for Paving South 42nd Street, 17th Avenue South and 11th Avenue South to newly annexed property.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.

APPROVE CHANGE ORDER FOR PROJECT NO. 6350,
2009 CONCRETE STREET REPAIRS

The staff report from the engineering department relating to Change Order No. 1 for Project No. 6350, 2009 Concrete Street Repairs, with recommendation to approve Change Order No. 1 in the amount of $98,208.30 (additional funds were received from the State to cover weather related damages).

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

APPROVE CHANGE ORDER FOR PROJECT NO. 6348,
LMI SIDEWALK REPLACEMENT

The staff report from the engineering department relating to Change Order No. 1 for Project No. 6348, LMI Sidewalk Replacement, with recommendation to approve Change Order No. 1 in the amount of $58,865.00.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

APPROVE CHANGE ORDERS FOR PROJECT NO. 67427,
CDBG SIDEWALK AND ALLEY RETURN REPLACEMENT

The staff report from the engineering department relating to Change Orders No. 1 and No. 2 for Project No. 6472, CDBG Sidewalk and Alley Return Replacement, with recommendation to approve Change Order No.1 and to approve Change Order No. 2, contingent upon receipt of additional federal funds.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.


. APPROVE REDEVELOPMENT OF LOTS AT 617, 623
AND 701 NORTH 24TH STREET

The staff report from urban development relating to redevelopment of lots at 617, 623 and 701 North 24th Street, with recommendation to approve proposal from Red River Valley Habitat for Humanity and convey lots per City Code Article 4, 2-0402(5)(C) (must be approved by vote of five member minimum).

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon voice vote, the motion carried 6 votes affirmative.

ACCEPT PETITION TO VACATE PART OF UTILITY
EASEMENT ALONG EAST LINE OF LOT 5, BLOCK
1, McENROE FIRST ADDITION

The staff report from Planning and Zoning Commission relating to petition from Turning point, LLC for approval to vacate part of a 10=foot wide utility easement along the east line of Lot 5, Block 1, McEnroe First Addition, with recommendation to approve the petition and set a public hearing date as prescribed by law.

It was moved by Council Bakken 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 filled with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Monday, October 5, 2009. Carried 6 votes affirmative.

APPROVE FINAL PLAT OF BERGSTROM'S FIRST
RESUBDIVISION

The staff report from the Planning Department relating to request from Pribula Engineering on behalf of B & B Partnership for final (fast track) approval of the Plat of Bergstrom's First Resubdivision to the city of Grand Forks, ND (located at North 32nd Street and 26th Avenue North), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.

ACCEPT PETITION TO VACATE UTILITY EASEMENT
IN LOT 1, BLOCK 1, SERVICE 5TH SUBDIVISION AND
LOT 1, BLOCK 1, McCONNELL SUBDIVISION

The staff report from the Planning Department relating to petition from B & B Partnership for approval to vacate a utility easement lying within lot 1, Block 1, Service 5th Subdivision and Lot 1, Block 1, McConnell Subdivision, Grand forks County for the purpose of relocating a property line and constructing a building addition, with recommendation to give final approval to the petition and set a public hearing date as prescribed by law.

It was moved by Council Member Bakken 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, that a notice of public hearing be published as required and the public hearing be set for Monday, October 5, 209. Carried 6 votes affirmative.

APPROVE CONDITIONAL USE PERMIT FOR RECYCLABLE
PROCESSING CENTER IN LOT 1, BLOCK 1, LOCKWOOD
ADDITION

The staff report from the Planning and Zoning Commission relating to review of the RMI (Residual Materials, Inc.) Conditional Use Permit for recyclable processing center, Lot 1, Block 1, Lockwood Addition (located at 2550 27th Avenue North (Mitch Gibbs property), in the city of Grand Forks, ND, with recommendation to approve the conditional use permit.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.

INTRODUCE ORDINANCE AMENDING COMPREHENSIVE
PLAN, PERTAINING TO THE GRAND FORKS YEAR
2035 LAND USE PLAN UPDATE

The staff report from the Planning and Zoning Commission relating to request from the Grand Forks Planning Department on behalf of the City of Grand Forks, ND for preliminary approval of an ordinance relating to the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan, ; Section 18-0802, Elements of the Grand Forks City Code of l987, as amended, pertaining to the Year 2035 Land Use Plan, with recommendation to grant preliminary approval of the ordinance and schedule a public hearing for September 21, 2009.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.

Council Member Kreun introduced an ordinance entitled "An ordinance amending the Comprehensive Plan, amending chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks Year 2035 Land Use Plan update", which was presented, read and passed on its first reading.

Council Member Christensen reported present.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR STREET IMPROVEMENT
PROJECT NO. 6272, DISTRICT NO. 99

The staff report from the engineering department relating to creating special assessment district for Project No. 6272, District No. 99, Cherry Street reconstruction from 17th Avenue South to 25th Avenue South, with recommendation to create special assessment district, approve engineer's report including estimate of cost, an assessment district map, and further that we direct engineering department to prepare plans and specifications for construction.

Council Member Bjerke introduced the following resolution creating the assessment district, which was presented and read: Document No. 9228 - Resolution.

The city auditor presented and read the engineer's report on Street Improvement Project No. 6272, District No. 99: Document No. 9229 - Report.

Council Member Bjerke introduced the following resolution of necessity, which was presented and read: Document No. 9230 - Resolution.

It was moved by Council Member Bjerke and seconded by Council Member Glassheim that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Improvement Project No. 6272, District No. 99, be accepted and adopted, and that we declare intent to sell bonds to finance these improvements. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

APPROVE COST PARTICIPATION, CONSTRUCTION
AND MAINTENANCE AGREEMENT FOR PROJECT NO.
6272, STREET IMPROVEMENT DISTRICT NO. 99

The staff report from the engineering department relating to Cost Participation, Construction and Maintenance Agreement for Project No. 6272, District No. 99, Cherry Street reconstruction from 17th Avenue South to 25th Avenue South, with recommendation to approve agreement with the North Dakota Department of Transportation for this project.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE 2010 CDBG AND HOME PROGRAMS

The staff report from urban development relating to 2010 CDBG and HOME Programs with recommendation to authorize staff to proceed with the 2010 CDBG and HOME Programs per budget, schedule and process recommendations.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that this recommendation be approved. Carried 7 votes affirmative, Council Member Bjerke voting against the motion

RECONSIDER MATTER OF CONDITIONAL USE PERMIT
FOR RECYCLABLE PROCESSING CENTER IN LOT 1,
BLOCK 1, LOCKWOOD ADDITION

Council Member Christensen requested reconsideration of the matter of conditional use permit for recyclable processing center in Lot 1, Block 1, Lockwood Addition, and the motion for reconsideration was moved by Council Member Kreun and seconded by Council Member Glassheim. Carried 7 votes affirmative.

The staff report from the Planning and Zoning Commission relating to review of the RMI (Residual Materials, Inc.) Conditional Use Permit for recyclable processing center, Lot 1, Block 1, Lockwood Addition (located at 2550 27th Avenue North (Mitch Gibbs property), in the city of Grand Forks, ND, with recommendation to approve the conditional use permit.

Council Member Christensen stated that after speaking with our city attorney concerning this permit as it is currently drafted; that there aren't any conditions in the permit and appears that it will be permitted to continue for ten (10) years; that if no conditions in the permit, should shorten the length it was at previously, five (5) years, because that gives future councils the opportunity to review this; that probably nothing more can be done re. planting of shrubbery and that a fence was installed. He stated would like to pass it with no conditions and shorten the term to 5 years; that permit could deter sale if the property were to be sold. He stated he had questioned if zoning could be changed on the property and to get rid of the condition.

Brad Gengler, city planner, reported the permit outlines several items relating to vegetation and general property maintenance, were conditions that the city council had placed on the property years prior and those conditions have been met and now being restated; whether this permit is for ten or five years still accomplishing the same thing, and until conditions are not met, there is possible revocation.

It was moved by Council Member Christensen and seconded by Council Member Kreun to grant the permit for a term of five (5) years rather than ten (10), and the term of the permit would expire on the 17th day of August, 2014.

Council Member McNamara questioned whether conditional use permit would remain in effect if the property were sold. Howard Swanson, city attorney, reported that the conditional use permit runs with the land and is not contingent upon the owner or operator of the facility, provided that a subsequent operator or owner is operating in the same use as what was permitted, and whether term should be 5 or 10 years is at council's discretion, and that it is his recommendation that all conditional use permits have a specified term.

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

INFORMATIONAL ITEMS

The Statement of Changes in Cash Balances as of July 31, 2009, was presented for council's information.

The attendance report for council members at committee of the whole and city council meetings for the period January 1 through June 30. 2009 was presented.

APPROVE BILL LISTING

Vendor Payment Listing No. 09-16, dated August 11, 2009, totaling $763,680.32, was presented and read.
It was moved by Council Member Bakken and seconded by Council Member Kreun that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES DECEMBER 15, 2008

Typewritten copies of the minutes of the city council held on Monday, August 3, 2009 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Kreun that the minutes be approved as read. Carried 7 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Glassheim stated that he was at Riverside pool earlier in the week, had good weather for the opening of the pool, that energy and excitement were tremendous, and wanted to thank Mr. Gershman and the neighborhood people who worked very hard to get it passed, that they are already circulating things where you can make contributions to the park fund to buy furniture for it, etc. and thanked Mr. Walker of engineering whose skill and working on it also made it possible.

2) Council Member Christensen stated there was some conversation as to whether or not it was appropriate to put it to a vote of the people, that council had courage to put a project to the vote of the people and people spoke overwhelmingly that it should be another amenity for the city, and suggested that other leaders and other governmental bodies that want the citizens to benefit from and have ability to tax, that they put it to the vote of the people.

Mr. Christensen stated concern as to what we are going to do about continuing budget discussion in light of the fact that apparently we are going to have a budget presented to us this week, and that there are a few unfinished issues that haven't been discussed, like CIP, funding certain things that are line items
in the budget and if funded and from what sources, but should have these issues resolved before or discuss after the budget is presented, and there are some concerns as to what sources of money, there will be other issues that other council persons might have. Council Member Bjerke stated he will be bringing his questions and for the record, two budget meetings were cancelled - staff was there but couldn't get quorum of council members.

3) Council Member Gershman stated there have been some wonderful things said about the Riverside pool, that Mr. Glassheim did a good job in working on that issue also. On Wednesday there were over 900 people at the pool from all over the city, that this is a city pool and not a Riverside pool. There were some comments a few weeks ago about the fund raising that is going on and reported that there is $12,000 in the fund right now and invites various businesses and people who may want to contribute, will put their name on it - that we got that facility for about $1.1 million, couldn't build for $8 million today - thinks it is a great bargain, and great amenity to the city - thanks to everyone for their support, esp. citizens.

ADJOURN

It was moved by Council Member Kreun and seconded by Council Member Bakken that we adjourn. Carried 7 votes affirmative.




Respectfully submitted,



Saroj Jerath
City Auditor

Approved:
________________________________
Michael R. Brown, Mayor