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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
August 3, 2009

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, August 3, 2009 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara (teleconference), Glassheim, Christensen, Bakken, Kreun - 6; absent: Council Member Gershman - 1.

The Bison Pathfinder Club of the 7th Day Adventist Church led the city council in the pledge of allegiance to the flag, Logan Rubbert, Reynolds, team leader.

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:
Last week Grand Forks hosted FEMA National Advisory Council and our community was in the company of Washington, DC, Chicago and Dallas and other cities who have hosted the council, and had the opportunity to demonstrate the hard work of our citizens and businesses on hazard mitigation and disaster recovery. We also had opportunity to share the voice of our community as well as other communities around the state with a body that advises the FEMA administrator. He thanked everyone in our community who made this such a successful committee meeting.
This past weekend was annual Cats Incredible organized by the Chamber, 22nd event, Council Member Glassheim's chili won the spiciest chili, however, mayor's team took the bronze - lot of fun and thanked event sponsor's who made our community destination for this weekend every year.

PRESENTATION RE. NATIONAL NIGHT OUT

National Night Out, 2009, is important because provides unique opportunity for Grand Forks to join forces with thousands of other communities across the country in promoting cooperative crime prevention efforts and provides vital role in assisting police through joint crime, drug and violence prevention efforts and support the National Night Out, 2009, essential that all citizens in Grand Forks be aware of the importance of crime prevention programs and impact their participation can have on reducing crime, drugs and violence in our community.

Sue Shirek and Joyce Belbas welcomed everyone to National Night Out tomorrow evening from 5:00 to 8:00 p.m. at the Purpur Gambucci Arena and the green space adjoining the Arena, that there's a lot of fun free positive activities for everyone to be involved in including police demonstrations, fire department demonstrations, games donated through the Air Base, community groups and organizations in our community and the surrounding communities and to try to make this an even better place to live and welcomed everyone, have a thousand free hamburgers and should be a fun night. There will be booths inside the Arena from different agencies around the city, Civil Air Patrol, CVIC, NDAD, Red River Valley Gymnastics, etc. and something for everyone in the family.

ADOPT ORDINANCE NO. 4269, ANNEXING ALL OF
LOT C, BLOCK 1, McENROE SECOND RESUBDIVISION,
NOT PREVIOUSLY ANNEXED

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

Council Member Kreun reported that the ordinance had been revised by the Planning Department to clarify the property that was being annexed to the city of Grand Forks, and moved that the ordinance be amended as shown on the revised ordinance, seconded by Council Member Bakken. Carried 6 votes affirmative.

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

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

DENY ABATEMENT OF 2008 TAXES ON PROPERTY
AT 3501 32ND AVENUE SOUTH

The staff report from the assessing department relating to application for abatement for Terrace Pointe, LLC, Grand Forks INREIT, LLC on Gordman's property at 3501 32nd Avenue South for 2008, with recommendation to deny the application.

It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation to deny be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

DENY APPEAL FOR DENIAL OF APPLICATION FOR
RENEWAL OF TAXI DRIVER'S LICENSE

The request for appeal of denial of application for taxi driver's license by Joanna E. Cunningham, 1001 South 12th Street, with recommendation from the Service/Safety Standby Committee for denial of the request based on current driving record, was presented to the city council

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

ADOPT RESOLUTION RELATING TO FINANCING OF
CERTAIN PROPOSED PROJECTS AND ESTABLISHING
COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE

The staff report from the finance department relating to resolution relating to financing of certain proposed Sanitation and Wastewater projects to be undertaken by the City, establishing compliance with reimbursement bond regulations under the internal revenue code.

Council Member Bakken introduced the following resolution which was presented and read: Document No. 9226 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved and the resolution adopted. Carried 6 votes affirmative.

TABLE LEASE WITH CONVENTION VISITORS BUREAU

The matter of the lease with the Greater Grand Forks Convention and Visitors Bureau for the period July 1, 2009 through June 20, 2014 for property legally described as Lot 1, Block 1, Airport 4th Resubdivision, located at 4251 Gateway Drive, Grand Forks, ND, was presented to the city council.

Council Member Bjerke moved to table this matter and refer to the finance committee, seconded by Council Member Christensen. Carried 5 votes affirmative, Council Member Glassheim voted against the motion.

INTRODUCE ORDINANCE AMENDING SECTION
RELATING TO CONTINUING EDUCATION OF
MUNICIPAL JUDGE


The staff report from the city attorney relating to ordinance amending continuing education requirements of municipal judge, with recommendation to introduce ordinance and give preliminary and final approval.

Howard Swanson, city attorney, stated there is no obligation and the City does not pay actual CLE
expenses, would pay travel and subsistence and that is required by State Statute 40-18-22, and that we are trying to bring our ordinance in line with State requirements.

It was moved by Council Member Christensen and seconded by Council Member Kreun to approve the recommendation. Carried 6 votes affirmative.

Council Member Bjerke introduced an ordinance entitled "An ordinance amending Section 3-0108 of the Grand Forks City Code relating to continuing education of municipal judge", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO INTERFERING
WITH OR OBSTRUCTING PUBLIC OFFICERS OR
EMPLOYEES

The staff report from the city attorney relating to ordinance amending relating to interfering with or obstructing public officers or employees, with recommendation to introduce ordinance and give preliminary and final approval.

Ray Dohman, rural Greater Grand Forks, questioned whether private citizens causing problems relating to obstructing law enforcement. Mr. Swanson reported that it was his recommendation that the council amend the existing code to specifically include emergency/medical personnel, rescue people, etc. responding to disasters or emergencies; that issues that arose in the 2009 flood fight raised questions and rather than cite them under disorderly conduct it was his recommendation that they have a specific ordinance. The penalty is already prescribed by law.

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

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

INTRODUCE TECHNICAL CORRECTIONS ORDINANCE

The staff report from the city attorney relating to technical corrections ordinance, with recommendation to introduce ordinance and give preliminary and final approval.

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

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

INTRODUCE ORDINANCE RELATING TO DISCIPLINE
OF CIVIL SERVICE EMPLOYEES

The staff report from the city attorney relating to ordinance amending discipline of civil service employees, with recommendation to introduce ordinance and give preliminary and final approval.

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

Council Member Bjerke introduced an ordinance entitled "An ordinance amending Section 6-0602 and 6-060328) of the grand Forks City Code relating to discipline of civil service employees", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO LANDING
OR TAKEOFF OF AIRCRAFT AT UNAUTHORIZED
AIRPORTS, HELIPADS, ETC. AND PENALTIES

The staff report from the city attorney relating to ordinance prohibiting landing or takeoff of aircraft within the city limits, with recommendation to introduce ordinance and give preliminary and final approval.

Mr. Swanson reported that after last Monday's meeting, he prepared a memorandum which is on your desks where he has identified a series of decisions, both in state and federal court, which uphold the authority of a city to regulate location for landing and takeoff of aircraft, that on two separate dates last week he conferred with General Counsel for FAA and they have reviewed the draft ordinance and have no objections to the draft ordinance. He received some suggested changes to the ordinance from Professor Trapnell and a revised ordinance was e-mailed to you. Taking comments from the FAA they wanted him to specifically use language relating to location, landing or takeoff occurs and will see in the title that has changed to refer to an authorized location and in the text. In subsection 2 the FAA wanted him to refer to heliports or airports as authorized by the FAA and has done so, and that anything landing at a FAA authorized heliport or airport is exempt from this ordinance.

In response to comments from Prof. Trapnell an additional exemption has been added for research purposes at the University of North Dakota; and with regard to safety, added in subsection 3 one of the items for consideration the size of the proposed location for a landing; on page 2 in subsection 5, we have used the term unmanned area vehicle and unmanned aircraft system - some debate as to which applies and have used both and used a definition from the Academy of Model Aviation which uses a 55 lb. limit for a model so that if the unmanned aircraft system or unmanned aircraft vehicle or model is not capable of carrying persons and weighs 55 lbs. or less it is exempt from the ordinance.

The ordinance as proposed last week, with respect to a penalty, is a non-criminal offense, and is recommending to establish a set fine of $500.00 and falls within the scope of your authority to specify offenses, or if wish to have more discretion with the municipal judge, could recommend a sliding scale.

Mr. Swanson stated that if the council wishes to wait and take these comments into consideration, may do so but has had communications with the Airport Authority, they have no objections to it, and had communication with other entities in Grand Forks who have either presently or previously have had a helicopter with no objections from them; and further that Prof. Trapnell has not seen the draft but walked him through the changes.

It was moved by Council Member Christensen and seconded by Council Member Bakken to add the $500.00 penalty per Mr. Swanson's recommendation, and introduce the ordinance. Carried 6 votes affirmative.

Council Member Bjerke introduced an ordinance entitled "An ordinance adopting Section 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 was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO LOCAL
DISASTER OR EMERGENCY

The staff report from the city attorney relating to ordinance relating to violation of local disaster or emergency orders, with recommendation to introduce ordinance and give preliminary and final approval.

Ray Dohman asked if this ordinance refers to people walking on the dikes to see level of flood water, etc. Mr. Swanson stated that if the mayor has issued an order under his emergency and disaster authority, any violation of that order would be subject to general penalty, but are adding it to the emergency section. The risk to individuals that would potentially need to be rescued is fairly significant and puts rescue personnel at risk.

It was moved by Council Member Bjerke and seconded by Council Member Christensen to approve the recommendation.

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

Council Member Bjerke introduced an ordinance entitled "An ordinance amending Section 2-0301 of the Grand Forks City Code relating to local disaster or emergency", which was presented, read and passed on its first reading.

APPROVE CHANGE ORDER FOR PROJECT NO. 6190,
RED LAKE WATER INTAKE DEMOLITION

The staff report from the engineering department relating to Change Order No. 1 for Project No. 6190, Red Lake Water Intake Demolition in the amount of $15,494.50, with recommendation to approve the change order.

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

SELECT FIRM FOR ENERGY AUDIT

The staff report from the engineering department relating to firm selection for energy audit, with recommendation to direct staff to proceed with a Project Development Agreement with Energy Services Group.

Council Member Bjerke stated that if this recommendation passes we are authorizing staff to negotiate an agreement with this group and would like to know how they guarantee the savings when no control over the raw product - natural gas and electricity, and would prefer doing two buildings vs. 6 or 8. He also stated he would like to see a survey from employees of some of the buildings they have done and not from the firm as to what they think of the building.

Al Grasser, city engineer, stated the action before council tonight is to notify the council and public that they took requests for proposals and selected ESG as the most qualified company; the next step would be to provide scope of work and for them to determine what cost of the energy audit would be and what potential guaranteed savings rates - that they will bring back a recommendation from the working group when they have more information as to which buildings they might want to apply the audit towards, the dollar risk that the City would incur if they chose not to pursue the audit; and that it may be several months from now before this comes back to the council. He stated that the bond is underwritten by Honeywell - the worst is that we would owe a continuing amount based on the savings, that the City would not be responsible for the capital investment for this project.

A representative of ESG stated what they guarantee is units of energy based on historical energy costs, that if they do have a shortfall, there is the written guarantee that they write a check for those units of energy that they didn't save you at those historical costs. He stated how that while doing the study and putting together their final analysis, the City can pick and choose those projects which have the best payback for the City, they will work with the City to approve the capital that is required. The capital that is financed could come from internal reserves or what is most common for these projects is for them to go out and seek competitive bids to obtain financing and then tie that financing back to the units of energy based on what the historical energy costs are; City will save principal and interest through guaranteed reductions. He stated financing is paid from redirected savings and is used to pay back the principal plus interest and they guarantee the cash flow; that is requirement of the Statute that savings exceed the cost and if come back and haven't saved you, we offer you two choices - a check for the shortfall or to let them at their own cost make up that shortfall and get back to zero because anything over what they are guaranteeing is for additional funding for the City. Further information will be provided if the City engages them to do the study and there will be council action required to move forward with that energy services agreement, which is the implementation of those recommendations. At this point they have identified a range of savings and are confident that they can develop a program that meets the statute and if come back at conclusion and you decide to walk away from a program that pays for itself, they are looking for 10 cents sq.ft., their costs to go forward with the comprehensive study is going to be 4 or 5 times that.

It was moved by Council Member Bakken and seconded by Council Member Kreun to approve the recommendation.

Dave McFarlane, McFarlane, Inc., stated their company was involved with and have saved the County $1 million in energy on the county office buildings since 2002, that they have just finished the County Courthouse and projected savings of about $40,000/year and County reserved services to look at the new County Corrections Center building which is only 1 year old, and have lowered those energy costs by $35,000.year. He stated their term is about 60% of all available savings in a building, ESG is more thorough then they are, and that they will increase savings that they have generated by about another 40% - better to partner with them and bring them into the city. He stated that his company didn't guarantee savings but ESG will guarantee it. These things are based on engineering formulas, and most of the work will be bid (windows, doors, electrical supplies, as well as mechanical).

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

ADOPT RESOLUTION RE. MANAGEMENT OF
MUNICIPAL SOLID WASTE LANDFILL

The staff report from the director of public works relating to resolution regarding management of the Grand Forks Municipal Solid Waste Landfill, Permit No. 0347, with recommendation to approve the resolution.

Council Member Bakken introduced the following resolution which was presented and read: Document No. 9227 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Glassheim that this resolution be adopted. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
APPROVE AFFORDABLE INFILL HOUSING PROGRAM

The staff report from the director of urban development relating to Affordable Infill Housing Program, with recommendation to approve proposal from Red River Valley Habitat for Humanity and convey lot per City Code Article 4, 2-0402(5)(C) [must be approved by vote of a five-member minimum].

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

APPROVE CHANGES TO RENAISSANCE ZONE

The staff report from the director of urban development relating to Renaissance Zone with recommendation to approve the changes (to include area where the civic auditorium is located and the International Guesthouse Motel and to designate Block 18 as a full block and to add the parking lot/motel block as Block 23A).

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

APPROVE URBAN PROJECT AGREEMENT FOR PROJECT
NO. 6101, PAVING PORTION OF SOUTH 48TH STREET

The staff report from the engineering department relating to Urban Project Agreement (for right-of-way acquisition) for Project No. 6101, Paving South 48th Street from 16th Avenue South to 32nd Avenue South, with recommendation to approve the agreement for right of way acquisition for this project.

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

APPROVE COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR YEAR ENDED DECEMBER 31, 2008

The staff report from the city auditor relating to 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 from the Audit Committee to accept the auditor's report and the CAFR, and authorize final payment to Brady, Martz and Associates, P.D. subject to final approval by the State Auditor's Office.

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

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 09-13, dated July 30, 2009, totaling $1,669,575.24 and Estimate Summary dated July 31, 2009 in the amount of $1,000,417.50, were presented and read.

It was moved by Council Member Glassheim and seconded by Council Member Bjerke that these bills and estimates 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, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES JULY 20, 2009

Typewritten copies of the minutes of the city council held on Monday, July 20, 2009 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Bakken that the minutes be approved as read. Carried 6 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Bjerke reported the energy audit firm mentioned working on corrections center which is only a year old, and finds interesting that a building only a year old needs to be redone, and in the future if we do any city buildings, hoping not have to have them redone. He stated he will bring up topic of training (municipal judge) at budget meeting, thinks City should look at policy of where people go for training and to try to keep people in state as much as possible as opposed to going out of state.

ADJOURN

It was moved by Council Member Bakken and seconded by Council Member Kreun that we adjourn. Carried 6 votes affirmative.

Respectfully submitted,



Saroj Jerath
City Auditor

Approved:
________________________________
Michael R. Brown, Mayor