Print VersionStay Informed

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 20, 2009

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, July 20, 2009 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, 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 items during the past week and upcoming events:
He expressed condolences on behalf of the City to the family of Pat Sullivan, who passed away this weekend; he was a loved figure in sports and community, as well as coach and teacher at Central High School.
Several cities in the area are holding celebrations, that Larimore was last weekend and Northwood's celebration is this weekend and an invitation has been received from their community club inviting the community to join them and asked everyone to take advantage of that opportunity.

AWARDS PRESENTATIONS

Mayor Brown reported there are hundreds of other city employees who do their job day in and day out with little or no recognition and tonight will be implementing an employee recognition program to thank and recognize employees for their hard work, dedication and years of service and publicly recognize employees during the month of their anniversary with the City of Grand Forks in 5-year increments so that employees are noted on their 5, 10 and 15 year anniversaries, etc. and will be doing from the first of the year:
40 Years: Mel Carsen, assessing.
35 Years: Dave Kresel, wastewater/stormwater; Bob Peterson, water maintenance.
30 Years: Mike Flermoen, fire; Ed Haskell and Richard Winkels, wastewater; Dan Anderson, street; Jerry Vein, fire; Rahn Farder and Thomas Laughlin, police.
25 Years: Barry Arntz, water distribution; Charles Durrenberger, planning; Jerry Neil, sanitation; Al Grasser, engineering.
20 Years: Jeremy Deitz, streets; Greg Batzer, water treatment; Tammy Woodstrom, engineering; Doug Begman, sanitation; Juanita Peterka, public health; Ted White, inspections; and Orlin Anderson and Doug Stern, fire.
15 Years:
Troy Vanyo, police; John Goetz and Brian Borden, water treatment; Roger Granger, streets; Tom Helle, stormwater, and Rich Davidson, city hall.
10 Years: Jennifer Lammers and Bill Wyatt, police; Roxanne Melberg, Andy Carter and Jason Swope, fire; Meredith Richards, urban development; Melanie Parvey, wastewater lab; and Nicole Gilbraith, 911 center.
5 Years:
Brandon Boespflug and Delray Huot, fire; Eric Nelson, mosquito control; Sharyl Simeone, public information; Dennis Gustafson, sanitation; Tim Haak, public health; Katie Hecht, Darin Johnson and Dylan Schauer, police; Lisa Klein, engineering.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4267,
AMENDING STREET & HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON REPLAT OF LOTS
B AND C OF REPLAT OF LOT 2, BLOCK 1, CURRAN'S
3RD 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 Replat of Lots B and C of the Replat of Lot 2, Block 1, Curran's 3rd Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on June 15, 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 this evening and further that 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 Crary Development for final approval of the Replat of Lots B and C of the Replat of Lot 2, Block 1, Curran's 3rd Resubdivision to the city of Grand Forks, ND (located in the 1300 block of 47th Avenue South), with recommendation to give final approval to the plat, subject to the conditions shown n or attached to the review copy and to include final approval of the 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 7 votes affirmative.

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

ADOPT ORDINANCE NO. 4268, AMENDING ZONING MAP
TO INCLUDE WITHIN VILLAGE PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 5 FOR ALL OF VILLAGE RESUBDIVISION
NO. 2 AND ALL OF VILLAGE RESUBDIVISION NO. 3

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. 4 and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5 for all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3 to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading on June 15, 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 this evening and further that 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 Dakota Commercial on behalf of Turning Point, LLC for final approval of an ordinance to amend the zoning map to rezone and exclude from the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4 and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5, all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3, Grand Forks, North Dakota (located between Interstate 29 and North 42nd Street and between 5th Avenue North and University Avenue), with recommendation to give final approval to the ordinance.

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

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

REFER ANNUAL FINANCIAL REPORT TO AUDIT
COMMITTEE

The Comprehensive Annual Financial Report of the City of Grand Forks for the year ended December 31, 2008 and the Independent Auditor's Report, with recommendation to refer to the Audit Committee to review.

It was moved by Council Member Christensen and seconded by Council Member Bakken to approve the recommendation to refer to the Audit Committee. Carried 7 votes affirmative.

APPROVE APPLICATION BY TJ'S POOL 'N DARTS TO
UPGRADE THEIR ALCOHOLIC BEVERAGE LICENSE
FROM CLASS 3 TO A CLASS 1 LICENSE

The staff report for the Service/Safety Committee relating to application by TJ's Pool 'N Darts, 1210 South Washington Street, to upgrade alcoholic beverage license from Class 3 (Off and/or On Sale Beer/Wine) to Class 1 (General On and Off Sale Alcoholic Beverages) license.

Howard Swanson, city attorney, reported that a letter from Mr. Van Sickle requesting that the fees be set out in payment plan under City Code Issuance Fee which is $67,145.00 can be paid in four equal installments and initial installment would be due with the issuance of the license and subsequent years, and the annual fee would be required to pay one-half of the annual fee which would be $1,808.00 for the second half of 2009 and would be due prior to the issuance of the license. There is a letter from the other licensed holder within 300 ft. of the location indicating that they do not object to the license being issued; and the application is in order.

It was moved by Council Member Kreun and seconded by Council Member Christensen to approve the application for license.

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 6 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 5 votes affirmative; Council Member Gershman recused and Council Member Bjerke voting against the motion.

APPROVE FROLF-A-PALOOZA, FRISBEE GOLF
TOURNAMENT IN LINCOLN DRIVE PARK

The staff report from the Public Information Office relating to the noise variance and special license to sell alcoholic beverages at designed premises for Frolf-A-Palooza - Achilles Gomez, special event planner, with recommendation to approve the noise variance and special license to sell alcoholic beverages at designated premises including operational plan for security, city liability and other related conditions of the overall special events permit.

Pete Haga reported they followed the permit process as it did go to the Park District the following Tuesday, that the Park District did approve the permit pending a set of conditions and that the planner is moving forward with satisfying the conditions: and one of the areas the council has action to take is the noise variance for the hours of operation, event is planned to be a 3-day schedule with live music on Saturday with some other types of music and announcements on Friday and Sunday; the hours of operation for the noise variance would be beginning at 10:00 a.m. each of the 3 days, concluding at 10:00 p.m. on Friday, 10:30 p.m. on Saturday, and 8:00 p.m. on Sunday. Administration will work out some of the other details relating to security plan and enforcement, etc.

Council Member McNamara stated that in discussion about how do police, whether compensated for their time and sometimes don't, and asked if Chief Packett could address that. Chief Packett stated on these types of events the City staffs these events with City personnel, judgment call as what staff feels the event needs, payment comes out of General Fund and there is an opportunity to tap the Special Event Fund and work with finance. He stated it would be a rare occasion for people to be billed for their services.

Council Member Bjerke stated he disagrees and doesn't think it is appropriate to pay for security for a for profit event and feels it is a potential for a junior Springfest.

It was moved by Council Member Bakken and seconded by Council Member Christensen to approve the noise variance between 10:00 and 10:30 p.m. on Saturday, and would also be authorizing a beer garden location. Carried 6 votes affirmative, Council Member Bjerke voted against the motion.

APPROVE MULTI-HAZARD MITIGATION PLAN

The staff report from the Service/Safety Committee relating to Multi-Hazard Mitigation Plan, with recommendation for approval of the Multi-Hazard Mitigation Plan (Document No. 9225 - Resolution).

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

APPROVE CHANGE ORDERS FOR PROJECT NOS. 6334
AND 6335, STORM SEWER AND PAVING/LIGHTING
IN SHADYRIDGE 8TH RESUBDIVISION
The staff report from engineering relating to Change Order No. 1 for Project No. 6334, District No. 464, Shadyridge 8th Resubdivision storm sewer, and for Project No. 6335, District No. 638, Shadyridge 8th Resubdivision paving and lighting, with recommendation to approve C.O. No. 1 for Storm Sewer Project No. 6334, and C.O. No. 1 for Paving/Lighting Project No. 6335; and to retain city engineering authority to approve 10% for change orders from the original bid plus C.O. No. 1.

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

AWARD CONTRACT FOR PROJECT NO. 6363, FLOOD
DAMAGE REPAIR

The staff report from engineering relating to bids for Project No. 6363.1, Flood Damage Repair, with recommendation to award contract to low bidder, Gowan Construction, in the amount of $84,660.00, and to return non-conforming bid to bidder unopened.

It was moved by Council Member Christensen and seconded by Council Member Bakken that this recommendation be approved. 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.

APPROVE BUDGET, CHANGE ORDER AND AMENDMENT
NO. 1 TO ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 6320, RIVERSIDE POOL RESTORATION

The staff report from the engineering department relating to budget, change order approval authorization, and Amendment No. 1 to Engineering Services Agreement with EAPC for Project No. 6320, Riverside Pool Restoration, with recommendation to approve project budget of $1,050,000 out of the Flood Protection/Greenway Betterment Budget, authorize city engineer to approve project change orders not to exceed $36,145.00; and approve Amendment No. 1 with EAPC in the amount of $26,250.00.

It was moved by Council Member Christensen and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": Council Member Bjerke - 1. Mayor Brown declared the motion carried.

APPROVE HISTORIC PRESERVATION COMMISSION
APPOINTMENTS

The staff report from Mayor Brown relating to Historic Preservation Commission appointments, with recommendation to confirm reappointment of Cory Lien, Marsha Gunderson Dale Sickels and Ted Jelliff and appointment of Judy Swisher and Sylvia Kloster.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative, Council Member Bjerke voting nay.

APPROVE PURCHASE OF LANDFILL HAUL ROAD
EASEMENT AND PART OF SW QUARTER OF SECTION
25, RYE TOWNSHIP

The staff report from the city attorney's office and director of public works relating to purchase of landfill haul road easement and part of the SW Quarter of Section 25, Rye Township, with recommendation to approve purchase of easements for landfill haul road and part of the SW Quarter of Section 25, Rye Township.

Council Member Bjerke questioned who has zoning control over this land. Mr. Swanson stated that the City of Grand Forks has zoning authority over that land; that the Township has adopted and taken steps towards creating zoning, however, under legislation that was passed this property was grandfathered in and remains under the City's zoning jurisdiction. There are two locations within that Township; that the City retained zoning, otherwise it would revert back to the Township if they go through the final steps..

Mr. Swanson also advised the council that they have reached purchase agreements for all of the road easements with all of the property owners, all at the same dollar amount; and have received verbal commitment from Johnson Farms that they would accept our offer. Mr. Feland asked for special meeting of the council in order to get that resolved; and it was advised by Mr. Swanson that the council could add it with a unanimous vote tonight.

Council Member Christensen because of the urgency of this matter, moved to add purchase of the right of way easements to tonight's agenda, and authorize staff to move forward subject to the approval with the city attorney. Council Member Bakken seconded the motion. Carried 7 votes affirmative.

It was moved by Council Member Bakken and seconded by Council Member Kreun to approve the recommendation to authorize purchase of easements and part of SW Quarter of Section 25, Rye Township. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

REFER SOLID WASTE TRANSPORT BID PROPOSAL
TO SERVICE/SAFETY COMMITTEE

The staff report from the director of public works relating to the solid waste transport bid proposal, with recommendation to table this item to allow the Public Service/Safety Committee to review options on Tuesday, July 21, 2009.

Council Member Kreun reported that only one bid was received and there was question as to whether we would need it and moved to table this matter for 30 days, seconded by Council Member Gershman. Carried 7 votes affirmative.

ACCEPT BID FOR STREET DIVISION DUAL WHEELED
TRUCK

The staff report from the director of public works relating to matter of Public Works Department, Streets Division dual wheeled truck with crane body bid, with recommendation to approve bid as the lowest and best bid per the following and per attached bid tabulation: Wallwork Truck Center/Truck Utilities of Fargo, $66,475.00 (option 1, new unit).

It was moved by Council Member Christensen and seconded by Council Member Bakken that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

APPROVE PURCHASE OF DIAL-A-RIDE/SENIOR
RIDER ADA MINI VANS

The staff report from the director of public works relating to Public Transportation Dial-A-Ride/Senior Rider ADA Mini Van purchases, with recommendation to approve purchase of two Dodge Caravan ADA mini-vans for $37,529.00 per van via the North Dakota State bid. The vehicles are purchased in part with Federal Transit Administration (FTA) New Freedom Program Section 5317 grant fund in the amount of $29,100.00 and FTA FY 2007 Section 2010 capital grant funds in the amount of $30,023.00. The DAR/Senior Rider service provider is proposed to pay for the local match of the ADA mini vans.

It was moved by Council Member Christensen and seconded by Council Member Bakken that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

APPROVE PUBLIC TRANSPORTATION CAPITAL
GRANT REQUESTS

The staff report from the director of public works relating to Public Transportation Capital Grant requests, with recommendation to 1) approve the acceptance of an allocation of $1 million in FY 2009 Federal Transit Administration (FTA) Section 5309 capital grant funding via the North Dakota Department of Transportation (NDDOT) to the City of Grand Forks and approve Priority Level 1 capital projects to include City Bus Garage roadway and parking lot reconstruction, diesel fuel tank and fuel system replacement, and paratransit fareboxes and ticket kiosk and 2) approve Public Transportation Department participation in the Traffic Signal Coordination Project for a total cost of $257,000 and using $205,600 in FY 2008 FTA Section 5309 capital grant funding. The local share of these capital projects will come from Public Transportation department Enterprise Fund cash balance.

It was moved by Council Member Christensen and seconded by Council Member Bakken that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

APPROVE MUNICIPAL PARKING SYSTEM

The staff report from the director of urban development relating to Municipal Parking System, with recommendation that the Finance/Development Committee recommends that the city council approve the actions requested in Items 4 and 5 of this report.

Greg Hoover, urban development, clarified the vote, stated that what the committee is recommending is improvement of the capital improvement program that was submitted using $38,000 of the excess sales tax that was allocated last year to do the upgrade and repair of the elevator in the central ramp and to go ahead with assessing the private property owners in the downtown district for the balance of the construction bond of the corporate center ramp; not the same thing as operating and maintenance assessment that will be coming back to the committee with several other items.

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

APPROVE BUDGET AMENDMENT, FUND 5996

The staff report from the director of urban development relating to Fund 5996, with recommendation that Finance/Development Committee recommends that city council approve the budget amendment.

Mr. Hoover reported that Fund 5996, budget amendment and capital improvement grant plan for Noah's Ark; that the committee has recommended that you approve the budget amendment that includes recognizing revenue from the sale of some land in Falconer Township that happened earlier this year, revenue that will come in from other resources for the construction of 48th Street and infrastructure for the new industrial park and to increase expenditures by almost $2.6 million for the purchase of the property. Information was included in the staff report about improving a capital improvement plan and that will come back later through the committee as will the issue with respect to repaying the 5996 over a period of ten years for the purchase of the land.

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

APPROVE FINAL PLAT OF SATROM SECOND RESUB-
DIVISION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of John Satrom for final approval (fast track) of the plat of Satrom Second Resubdivision to the city of Grand Forks, North Dakota (located at 3001 South Washington Street), 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 Christensen and seconded by Council Member Bakken that this recommendation be approved. Carried 7 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOTS 2 AND 3,
BLOCK 1, GOLDEN HARVEST ADDITION

The staff report from the Planning and Zoning Commission relating to request from Pribula Engineering on behalf of Philadelphia Macaroni Company for final (fast track) approval of the Replat of Lots 1 and 3, Block 1, Golden Harvest Addition to the city of Grand Forks, ND (located at North 36th Street and 20th Avenue South), with recommendation

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

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF McENROE SECOND
RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from AE2S on behalf of Johnson Farms and Turning Point, LLC for preliminary approval of the plat of McEnroe Second Resubdivision to the city of Grand Forks, North Dakota (located on Garden View Drive, east of South 42nd Street), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance to amend the Street and Highway Plan, and set a public hearing date for August 17, 2009.

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

Council Member Christensen introduced 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 was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND 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

The staff report from the Planning and Zoning Commission relating to request from AE2S on behalf of Johnson Farms and Turning Point, LLC for preliminary 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 the McEnroe First Addition and McEnroe Second Resubdivision (located on Garden View Drive east of South 42nd Street), with recommendation to give preliminary approval to the ordinance and set a public hearing for August 17, 2009.

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

Council Member Christensen introduced 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 (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 was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO ANNEX ALL OF McENROE
SECOND RESUBDIVISION NOT PREVIOUSLY ANNEXED
TO TE CITY OF GRAND FORKS

The staff report from the Planning Department relating to petition from AE2S on behalf of Turning Point, LLC and Johnson Farms for approval of an ordinance to annex all of McEnroe Second Resubdivision not previously annexed to the city of Grand Forks, ND (located in the 3800 block of Garden View Drive), with recommendation to give approval of the ordinance and set a public hearing date as required by law.

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

Council Member Christensen introduced an ordinance entitled "An ordinance to annex all of McEnroe Second Resubdivision, not previously annexed to the city of Grand Forks, North Dakota, together with the full width of all platted streets and public rights of way contiguous thereto", which was presented, read and passed on its first reading.

APPROVE REDEVELOPMENT PROPOSAL FOR CITY-
OWNED LOT AT 1431 WALNUT STREET

The staff report from the director of urban development relating to redevelopment proposal for City-owned lot at 1431 Walnut Street, with recommendation to approve proposal and convey lot per review committee's recommendation for construction this year of and approx. 1100 s.f. one-story home plus porch and a garage at 1431 Walnut Street, valued at $160,000, lot bid of $27,500, with suggestion of adding a window in each of the north bedrooms.

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

APPROVE PURCHASE OF ADDITIONAL R/W EASEMENT

Council Member Christensen reported that the right of way easements that Mr. Feland was referring to have been discussed earlier, that the land we are buying for roads to construct to the landfill, know the dimensions and the price per acre, that this could be handled administratively, with preparation of contracts by Mr. Feland the city attorney, and authorize mayor to sign said contracts.

Council Member Christensen stated that the survey documents have been previously distributed and that this is the last portion of right of way for the road and utilities, and moved to authorize proper City officials to acquire the additional right of way for landfill in the amount of $2400 per acre, to execute necessary documents subject to final approval by the city attorney. The motion was seconded by Council Member Bakken.

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 June 30, 2009 was presented for council's information.

CITIZEN REQUEST

Ray Dohman, rural Greater Grand Forks area, stated he had made citizen's request at a previous meeting but was denied the right to make that request as Mayor Brown stated it wasn't an agenda topic. He stated
he was going to make a simple request for Council Member McNamara to ask the Attorney General to come here and take over the investigation and prosecution of the Carla Kilmer murder case. Several council members called for point of order. Council Member Christensen stated he appreciates first amendment and citizen's right to speak but that he doesn't appreciate citizens who have a personal agenda - that the council does not have the authority to ask for an Attorney General's opinion, the only person that can ask for an Attorney General's opinion that will even address it is a State Legislator, or our city attorney. Council President Gershman stated the council cannot make that request. .

APPROVE BILL LISTING

Vendor Payment Listing No. 09-14, dated July 16, 2009, totaling $1,933,032.70 was presented and read.

It was moved by Council Member Kreun and seconded by Council Member Bakken 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 JULY 6, 2009

Typewritten copies of the minutes of the city council meeting held on Monday, July 6, 2009 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Gershman that the minutes be approved as read. Carried 7 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Bjerke reported that he spent today at public works and the wastewater treatment plant and thanked Mr. Feland and public works employees for their time and that last Friday spent full day with the fire department and thanked them for their efforts. Thanked the departments for the time he spent and to help him better understand some of the responsibilities of the city.

2) Council Member McNamara stated that within last week had a fatality in the river and mentioned work of the Sheriff's Department, Police Department, Fire Department on both sides of the river and the work of those departments and what a great job they did in a difficult place to work, and they deserve our appreciation.

3) Council Member Christensen stated we respect right of people to speak openly at any time but when you have a cause that you want us to pursue when we have no ability to handle it, shouldn’t be allowed and that if going to take over an investigation at the state level it starts at the County Commissioner's Office, the States Attorney, and apologized to the public.

ADJOURN

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

Respectfully submitted,


Saroj Jerath, City Auditor
Approved: ________________________________
Michael R. Brown, Mayor