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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 6, 2002

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 6, 2002 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Glassheim, Gershman, Christensen, Klave (teleconference system), Kerian, Bakken, Kreun, Martinson - 12; absent: Council Members Lunak - 1

Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.

Mayor Brown proclaimed May 6, 2002 as Laverne Gryte Day and read the proclamation, stating her personal history and that she continues to battle cancer, secure in her faith and at peace with her God and her life; that her wishes are to be someone that makes a difference, and that she is one who makes a difference. Council Members Brooks and Gershman also commented that those who have met her have been impacted by her and her love for the city of Grand Forks; and wish her the best.

Mayor Brown reported on the matter regarding Springfest, and thanked the governmental agencies that worked together to keep the peace, including fire, police, Sheriff's Department, UND Police, Highway Patrol, ambulance and the Park District. He complimented the restraint demonstrated by the neighbors in the neighborhood that surrounds University Park. He also stated he was deeply concerned about the arrest and property damage this weekend, embarrassed by some of the actions and disappointed that some of the people have demonstrated such a lack of respect for the community. He reported that at his direction city officials have begun meeting with the Park District and other agencies during recent months and the city attorney's office to draft new language for the ordinances that will address situations like these. The drafts are at the Park District and will be following up on them with new legislation coming to the city council in the near future.

Mayor Brown congratulated the Circle of Friends Humane Society fund raiser at the Humane Society this past Sunday and those who helped raise $1,000; that Spring Clean-up is underway, started with electronics recycling at Best Buy with collections of over 5400 lbs, (2.7 tons) of electronics to be recycled, that this was organized by the ND Solid Waste Assn. and did similar projects in Fargo and Bismarck, and next week hope to put more local organizations to work.

Mayor Brown congratulated Starlites Theatre for their grand opening on Friday night, there were about 100 people there to enjoy the food, the show and the facility, and good job to Dan Eggen and to his crew and to Larry Stammen and the Grand Cities Mall, that partnership is a great fit and wishes them the best of luck. He stated he would like to thank the people who participated in the Mayor's Prayer Breakfast this morning; and that the Prime Steel Car Club adopted a park in Johnson's Addition last year with a sizeable donation of $10,000 and that they hope to donate annually to make improvements to the park that is now named Prime Steel Park (east of the Alerus), plans are to construct a shelter to be followed by the addition of restrooms and the Club is developing a schematic for overall landscaping and additional equipment.

Council Member Bjerke made several comments re. Springfest, that a year ago several council members asked the council and the Park District to take the appropriate actions, there was a fire out there last year, bottles thrown at people, etc., that the City and the Park District owe an apology to the police department and fire department who took the bottles and owe an apology to the citizens in that area for not dealing with this correctly; that he has a document from the police department where they are listing recommendations that the Park District and the city council needs to take and we didn't do anything for a year, and would certainly hope we have a plan for next year and to take the appropriate legislation; doesn't believe lawlessness and looking the other way is acceptable behavior for the government, enforce the rules no matter who violates them.

Council Member Hamerlik stated we were all disappointed in what transpired, that plaudits should go out to Lt. Nelson, Steve Mulally who did much to organize and helped out when it came to crunch time; that he would hope that the mayor, the president of the University and Mr. Staley of the Park District would be meeting as it is important to get this started, that the ordinance has been in the process and this would be start to assign certain responsibilities so that this does get done; that people are concerned and that this does not look well for the University as they try to increase enrollment. Mr. Swanson stated that the Park District itself has the full authority to adopt ordinances and that authority excludes some of the authority that the City has within Park jurisdiction, and that any actions that occur need to be a joint collaborative effort between the City and the Park District. Mayor Brown stated they would have a tentative first meeting on Wednesday with UND and Park District and report back at the next committee of the whole.

MONTHLY FLOOD PROTECTION UPDATE

Al Grasser, city engineer, stated that the written report had been submitted to the council members, that they don't have any additional information on federal appropriations, that they do continue to make progress on the plans and specs. for Phase II and proceeding on to Phases III and IV of the levee project; and presented a video showing some of the progress and construction activities that are going on.

Council Member Kerian stated there had been some discussion relating to savings in Phases II and III; Mr. Grasser stated the savings they are looking at now on upcoming phases are primarily along the lines of landscaping, not significant issues, but looking at ability for something either to be added on at the end, because most of the betterments and enhancements were really loaded up in Phase I.

Council Member Christensen asked what part of the dike will be built this summer as part of Phase I; Mr. Grasser stated there are the three reaches - one is downtown and approx. 600 to 800 ft. of dike and wall as some of that is the closure of DeMers; second reach will be through the Lincoln neighborhood area, another 800 ft. and third area in the Elmwood area, at about 800 to 1,000 ft. range; that Phase I is broken into three segments and part of what we advance funded for was to keep that contractor on track to get that accomplished. Mr. Grasser stated the current schedule for Phase II is try to open bids in June, 2002 but there is only about $1 million tentatively allocated for that work in fiscal year 2002, gets shop drawings, etc. and actually the underground is what is done first and money goes into pipes and pump stations before you build a levee, and that most likely will happen in 2003, and extent of that will depend upon property acquisition and appropriations - that to really get started on Phase II next year we need to get the President's budget up substantially higher than it is now; that the property acquisition is holding things back now but if we can get two or three reaches done and Corps will go ahead and bid it based on those reaches being available. Council Member Christensen stated to start on Phase II what do they need in the President's budget and it was his understanding we have $30 million. Mr. Grasser stated we will do work on Phase II with $30 million, our Phase II is a $23 or $28 million project, but there is also an East Grand Forks Phase III plus there is continuing work on the drainway and the President's budget has to somehow feed all of those contracts, that there is competition from 4 or 5 open contracts and the Corps will have to determine priorities and schedules and that will get tighter as the dollars are smaller, and with President's budget we might be in the neighborhood of probably only allocating $5 to $10 million worth

of work on Phase II and would be the spring and summer of 2003, but if President can get his budget up to the $50-60 million range we can start doubling those numbers and take bigger numbers out of that contract.

Melanie Parvey-Biby reviewed various greenway committee meetings:
1) Greenway Technical Committee, group of residents of Grand Forks and East Grand Forks, MN DNR and the Park District, will meet May 14 at the Park District, and one of their projects is putting together a series of maps that show the development of the greenway on both sides of the river showing trails, pedestrian access, highway recreation areas and future boat ramps and shore bank fishing.
2) Task force to discuss the greenway becoming a State Park met in April and discussed the current agreement we have with our existing local Park District and the areas they plan to manage and maintain, and discussed procedure as to how we wanted to involve the State but didn't come to any conclusions but will continue to meet and discuss. They have talked about the ND State Parks and Rec. Department currently working on a 5-year recreation plan, holding a series of public meetings throughout the state to gather input as to what the State's recreational needs are; that she will attend the meeting for our region in Grafton May 14; that they manage the land and water conservation funds and if we are interested in pursuing any funds would be important to get input as to what our recreation needs are for Grand Forks, there is a 50% local match required for that grant.
3) the DLG is working with the local architecture and engineering firm on pursuing enhancements for the Sorlie Bridge and these would be anything that would make the bridge more pedestrian friendly or enhance the value of the historic structure and working on proposal that will give estimates for these improvements and hoping to bring that to council in the near future as try to determine a funding source for that project.
4) Friends of the Greenway is planning to host a birding class the beginning of June, and GOALS and the Grand Forks Park District will be holding another Bike Day event and hope this is something that can continue to grow in the community and then move to trail systems in the near future.

PRESENTATION OF TRANSPORTATION SECURITY
ADMINISTRATION REQUIREMENTS

Chief Packett of the police department stated that since November of last year with the forming of the TSA (Transportation Security Administration) by President Bush, the Airport Authority and local agencies have been negotiating and putting together some plans under guidelines that TSA has given to them. In February they entered into formal negotiations with the Airport Authority to look at what type of coverage the airport would need, man-hours, logistical needs without getting into too many security breaches or security issues of the airport publicly, that those negotiations have gone quite well, that they were close to a formal MOU that would come to the city attorney and the council by the State, that around April 15 the TSA informed the Airport Authority that it would be their responsibility to negotiate the MOU directly with the City rather than the TSA, and that the Airport Authority and the City have negotiated these issues locally, that they are close to an agreement that will come before council in the near future to take over operations on May 10 and some timelines they are looking at in the future is that by the end of this month some other entities will gradually be phased out, envision about a 22 month period that the police department would be involved in security out there, until such time as the TSA would have their own people hired and take over operations in Grand Forks. He reviewed the hours that they anticipate that people will be out there, costs range on the low side of about $149,000/year and if utilize primarily on duty personnel reimbursed by the TSA up to about $171,880/year, worst case scenario using a lot of overtime personnel. He stated he has been informed that 3 of the other major airports in the State have decided to hire additional personnel for the time being to perform this function, that they analyzed that and believe they can handle it with existing personnel, overtime and possibly utilization of some of their reserves and do not anticipate additional hires at this time for this function.

Council Member Bjerke asked about hiring two officers under a grant program for 22 months so that they wouldn't become permanent employees and if that wouldn't be less expensive than their proposal. Chief Packett stated they looked at the possibility of adding personnel but felt due to the uncertainty of the timeline and if had a firm commitment from the TSA, it would be a bona fide 22 months before their people would actually be on the job, then would be a real consideration but think that would be premature at this point to come to council and ask for additional people without knowing a firm timeline; and their recommendation is to handle it with existing personnel, overtime situations and possibly reserves.

Council Member Kreun asked if there were any other agencies involved, Sheriff's Department, Highway Patrol, etc. Chief Packett stated that the Highway Patrol because of statutory guidelines aren't allowed to enter into such function, and the Sheriff's Office would be the only outlet in that regard and are prepared to sit down with them and offer them some opportunities here if it becomes too taxing. Chief Packett stated it is his understanding that the City will be reimbursed.

Steve Johnson, 2787 Airport Drive, stated the reason that the burden was shifted to the Airport Authority rather than the City's negotiating directly with the TSA because there are provisions that say they will reimburse to their ability and put the burden on the airport, and they will make the City good regardless of what they get in reimbursements from the TSA. He stated the question was asked about the Sheriff's Department, that he contacted them and that they didn't rule it out, they indicated they prefer that the police department handle it if they are able, and reminded that the airport was within the city limits. It was noted this is a regional airport.

Chief Packett stated they have been in the process of negotiating with the Post Board in Bismarck re. upgrading the current license of the reserves to a part-time status which would allow them to be paid for the hours worked, they have been transitioning towards that for a number of months, and the training they give them is compatible with the State Post Board and have taken the approach that they should be fully trained the same as our regular officers are so they would be able to perform that function.

Mr. Johnson stated that they are guaranteeing that the City will be reimbursed for their costs, and are confident that the federal government will come forth and reimburse them but they are assuming the risk, and will pay the City when it is billed.

ADOPT ORDINANCE NO. 3923, RELATING TO SNOWMOBILE
ROUTES, RESTRICTIONS AND REGULATIONS

An ordinance entitled "An ordinance amending Section 8-1203 of the Grand Forks City Code relating to snowmobile routes, restrictions and regulations", which had been introduced and passed on its first reading on April 15, 2002, was presented and read for consideration on second reading.

Mayor Brown opened the public hearing for comments. There were no comments and the public hearing was closed.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Glassheim, Gershman, Christensen, Klave,


Kerian, Bakken, Kreun, Martinson - l2; voting "nay": none. Mayor Brown declared the ordinance adopted.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER
FOR DEMOLITION OF SUBSTANDARD BUILDING AT
621 9TH AVENUE NORTH

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building or structure (warehouse) at 621 9th Avenue North had been mailed to the owner of the property, said property being in substandard condition.

Mayor Brown asked if there was anyone present to submit any pertinent facts concerning the matter to the council. There were none and Mayor Brown closed the public hearing.

There was some discussion as to the method of collection of the demolition costs if the City were to demolish the substandard buildings - that Section 10-0406 provides that we can levy it as a special assessment against the land or the City could proceed with a suit of law against the owner to collect the costs, and that the city attorney collect through an action at law and that we reserve the option to levy the special assessments only if we can't collect.

Mr. Swanson stated they would do that, however, one of the issues that need to be resolved is whether or not there is an existing mortgage or other liens against the premises; if we were to pursue a collection action rather than a special assessment, we may not have the priority that a special assessment would have. He stated in a special assessment if it's not paid by the property owner, there is a 5-year period of time before default can be declared and before you can acquire the property; in the case of a judgment, the judgment is dischargeable in bankruptcy, you may or may not be able to collect on a judgment, so each one requires an individual analysis, and in the past have always gone with special assessments.

It was moved by Council Member Hamerlik and seconded by Council Member Bakken that we find the structure to be substandard as defined by Section 10-0401, subsections (1) (2) (3) (5) and (8), of the City Code, that a final order of demolition be issued, that order would be stayed for a period of 30 days pending any potential appeal, and that the building be demolished by the City of Grand Forks and proceed with a suit of law against the owner to collect the cost thereof and that we reserve the option to levy costs as a special assessment against the land upon which the building stands or did stand. Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER
FOR DEMOLITION OF SUBSTANDARD BUILDING AT
720 NORTH 4TH STREET

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building or structure (garage) at 720 North 4th Street had been mailed to the owner of the property, said property being in substandard condition.

Mayor Brown asked if there was anyone present to submit any pertinent facts concerning the matter to the council. There were none and Mayor Brown closed the public hearing.

It was moved by Council Member Hamerlik and seconded by Council Member Bakken that we find the structure to be substandard as defined by Section 10-0401, subsections (1) (3) (5) (8) and (9), of the City Code, that a final order of demolition be issued, that order would be stayed for a period of 30 days pending any potential appeal, and that the building be demolished by the City of Grand Forks and proceed with a suit of law against the owner to collect the cost thereof and that we reserve the option to levy costs as a special assessment against the land upon which the building stands or did stand. Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER
FOR DEMOLITION OF SUBSTANDARD BUILDING AT
1003 2ND AVENUE NORTH

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building or structure (dwelling) at 1003 2nd Avenue North had been mailed to the owner of the property, said property being in substandard condition.

Mayor Brown asked if there was anyone present to submit any pertinent facts concerning the matter to the council. There were none and Mayor Brown closed the public hearing.

It was moved by Council Member Hamerlik and seconded by Council Member Bakken that we find the structure to be substandard as defined by Section 10-0401, subsections (2) (3) (4) (5) (6) (8) and (9), of the City Code, that a final order of demolition be issued, that order would be stayed for a period of 30 days pending any potential appeal, and that the building be demolished by the City of Grand Forks and proceed with a suit of law against the owner to collect the cost thereof and that we reserve the option to levy costs as a special assessment against the land upon which the building stands or did stand. Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER
FOR DEMOLITION OF SUBSTANDARD BUILDING AT
1121 1ST AVENUE NORTH

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building or structure (dwelling and garage) at 1121 1st Avenue North had been mailed to the owner of the property, said property being in substandard condition.

Mayor Brown asked if there was anyone present to submit any pertinent facts concerning the matter to the council. There were none and Mayor Brown closed the public hearing.

It was moved by Council Member Hamerlik and seconded by Council Member Bakken that we find the structures to be substandard as defined by Section 10-0401, subsections (1) (2) (3) (5) (7) (8) and (9), of the City Code, that a final order of demolition be issued, that order would be stayed for a period of 30 days pending any potential appeal, and that the building be demolished by the City of Grand Forks and proceed with a suit of law against the owner to collect the cost thereof and that we reserve the option to levy costs as a special assessment against the land upon which the building stands or did stand. Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

ISSUE FINAL ORDER FOR DEMOLITION OF SUB-
STANDARD BUILDING AT 1002 2ND AVENUE NORTH

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building or structure (dwelling) at 1002 2nd Avenue North had been mailed to the owner of the property, said property being in substandard condition.

Mayor Brown asked if there was anyone present to submit any pertinent facts concerning the matter to the council. There were none and Mayor Brown closed the public hearing.

Council Member Hamerlik asked if the response to Mr. Nephew's letter of April 14, or any compromise or agreement with the property owner re. his request for additional time. Ms. Collings, building and zoning administrator, stated that Mr. Nephew was requesting 60 days on April 14 and that would be the middle of June; and they have not seen any significant progress on the property in the last three and one-half weeks. Council Member Gershman stated at the time Mr. Nephew was at the meeting he suggested that he should possibly clean up his property because there were things strewn around and that he drove by there on Saturday and nothing had been done since the last council meeting.

It was moved by Council Member Hamerlik and seconded by Council Member Bakken that we find the structure to be substandard as defined by Section 10-0401, subsections (1) (3) (5) (6) (7) (8) and (9), of the City Code, that a final order of demolition be issued, that order would be stayed for a period of 30 days pending any potential appeal, and that the building be demolished by the City of Grand Forks and proceed with a suit of law against the owner to collect the cost thereof and that we reserve the option to levy costs as a special assessment against the land upon which the building stands or did stand. Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 584, PROJECT NO. 5328

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 584, Project No. 5328, paving on Linden Court from 10th Avenue South to 15th Avenue South, had expired on May 2, 2002, and that he had received protests from property owners totaling 42.8% of the area in the district.

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

Clay Whitmore, 1202 Linden Court, stated he understood that the project is going to go through; that Linden Court is a dirt road and has been deteriorating since the flood, that this project is needed and majority of homeowners are ready to go forward with the project. Mr. Swanson stated that with the protest that has been reported, it is an insufficient protest to automatically stop the project; council, however, can utilize its judgment and decide not to move forward with the project if they choose to; to stop the project automatically it would require more than 50% of the area within the district.

Mayor Brown closed the public hearing.

Council Member Martinson introduced the following resolution as to protests, which was presented and read: Document No. 8161 - Resolution.

It was moved by Council Member Martinson and seconded by Council Member Kreun that we do hereby find and determine an insufficiency of protest against Paving District No. 584, Project No. 5328, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 12 votes affirmative.

APPROVE BUDGET AMENDMENT

The staff report from municipal court relating to the request for carry-over money to be used to scan documents, with recommendation to approve carry-over money, $1,485.00, to be used to scan documents.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ACCEPT BID FOR CHILLER UNIT FOR POLICE BUILDING

The staff report from the police department relating to bid package for chiller unit for the police building, with recommendation to approve the low bid of Midwest Refrigeration in the amount of $65,953.00.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the motion carried.

ACCEPT BID FOR PROJECT NO. 5296, WATERMAIN
REPLACEMENT FOR 2002

The staff report from the engineering department relating to consideration of bids for City Project No. 5296, 2002 Watermain Replacement on 17th Avenue South, 9th Avenue North, 19th Avenue South and 25th Avenue South, with recommendation to award contract to low bidder Soberaski, Inc. in the amount of $279,602.00.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 5240, PROJECT MANAGEMENT
SERVICES FOR PERMANENT FLOOD PROTECTION PROJECT

The staff report from the engineering department relating to Amendment No. 21 to engineering services agreement with GFEG for Project No. 5240, Project Management Services for the permanent flood protection project, with recommendation to approve Amendment No 21 with Greater Forks Engineering Group for project management services in the amount not to exceed $160,000.00.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT, PROJECT NO. 5230

The staff report from the engineering department relating to Amendment No. 1 to agreement with Webster, Foster & Weston for Pump Station Telemetry Upgrade, City Project No. 5230, with recommendation to approve Amendment No. 1 to agreement with Webster, Foster & Weston in the amount of $32,123.00.

It was moved by Council Member Gershman and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the motion carried.

ADOPT RESOLUTION AUTHORIZING ISSUANCE AND
AWARDING SALE OF GENERAL OBLIGATION REFUNDING
BONDS (HOTEL/MOTEL TAX), SERIES 2002D, CREATING
A SINKING FUND THEREFOR, AND LEVYING TAXES FOR
THEIR PAYMENT

The staff report from the finance department relating to issuance and award of sale of General Obligation Bonds (Hotel/Motel Tax) Series 2002D, with recommendation to adopt resolution authorizing the issuance and awarding the sale of General Obligation Refunding Bonds (Hotel/Motel Tax), Series 2002D, creating a sinking fund therefor, and levying taxes for their payment.

Alan Erickson, Springsted Incorporated, stated they discussed these issues about five weeks ago at the committee of the whole meeting, these are refinancing of existing issues, and that they took bids in his office today in behalf of the City and the results were excellent. He stated the first issue was $750,000 Refunding of the 1995A Hotel/Motel Tax Bond, and through the restructuring of this not only save on the coupon interest rate but also to shorten the term of this bond by 6 years, affecting other savings as well, and final maturity will be in 2009 as opposed to the original date of 2015; the low bid was 3.5727% from Wachovia Bank in Charlotte, NC, future value savings of over quarter of a million dollars and present value of over $90,000 in that issue; the second bid was $1,100,000 Sewer Reserve Refunding and refunds the 1994D original issue, low bid was 3.6755% from Isaak Bond Investments, Inc. in Denver, CO, present value savings in that issue of over $111,000 and between the two issues, less than $2 million of par bonds issued on the refinancing, received well over $200,000 in savings on present value basis; the bids were outstanding and would recommend that you accept them both. He stated that bids out of Denver, CO and Charlotte, NC and people around the country are interested in the credit and made for some very interesting competitive bidding this morning.

The city auditor presented an affidavit showing publication in the official newspaper of the City of the Official Terms of Offering of $750,000 General Obligation Refunding Bonds (Hotel/Motel Tax), Series 2002D (the "Bonds") of the City, bids for which were to be considered at this meeting as provided by resolution adopted April 15, 2002. The affidavit was examined and approved and ordered placed on file.
The city auditor reported that three (3) sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Official Terms of Offering, and the bids were then opened and publicly read and considered, and were all found to conform to the Official Terms of Offering and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 8162 - Bids)
Council Member Bakken introduced the following resolution and moved its adoption, which motion was seconded by Council Member Martinson: Document No. 8162.1 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Brooks, Bjerke, Stevens, Hamerlik, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 12; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

ADOPT RESOLUTION AUTHORIZING THE ISSUANCE AND
AWARDING SALE OF SEWER RESERVE REVENUE
REFUNDING BONDS, SERIES 2002E

The staff report from the finance department relating to issuance and award of sale of Sewer Reserve Revenue Refunding Bonds, Series 2002E, with recommendation to adopt resolution authorizing the issuance and awarding the sale of Sewer Reserve Revenue Refunding Bonds, Series 2002E.

The city auditor presented an affidavit showing publication in the official newspaper of the City of the Notice of Bond Sale of $1,100,000 Sewer Reserve Revenue Refunding Bonds, Series 200E (the "Bonds") of the City, bids for which were to be considered at this meeting as provided by resolution adopted April 15, 2002. The affidavit was examined and approved and ordered placed on file.

The city auditor reported that three (3) sealed bids for the purchase of the Bonds had been received from the following institutions at or before the time stated in the Notice of Bond Sale, and the bids were then opened and publicly read and considered, and were all found to conform to the Notice of Bond Sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Document No. 8163 - Bids.

Council Member Bakken introduced the following resolution and moved its adoption, which motion was seconded by Council Member Martinson: Document No. 8163.1 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Council Members Brooks, Bjerke, Stevens, Hamerlik, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 12; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted.

ADOPT RESOLUTION AUTHORIZING PLEDGE OF ADDITIONAL
REVENUES TO OUTSTANDING SEWER RESERVE REVENUE
BONDS

The city auditor reported that an additional resolution that is required to be adopted, in which we need to change some of our pledged revenues on earlier bond issues that we have had and they are listed in that document.

Council Member Bakken introduced the following resolution and moved its adoption, which motion was seconded by Council Member Martinson: Document No. 8164 - Resolution.

Upon vote being taken thereon, the following voted in favor thereof: Brooks, Bjerke, Stevens, Hamerlik, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 12: and the following

voted against the same: none; whereupon the resolution was declared duly passed and adopted.

TABLE RESOLUTION IN SUPPORT OF A STATE APPROVED
SOLUTION TO THE DEVILS LAKE FLOODING CRISIS

The staff report from the administrative coordinator relating to the Devils Lake resolution, with recommendation to approve the Devils Lake resolution.

Council Member Kreun reported the same resolution had been presented to the Chamber of Commerce Board meeting for their action, and that the County Commission has not passed this resolution at this time either and would like to come as one voice from the Chamber, the County and the City together, and asked if the council would table this and bring back a resolution with some additional information on it concerning basin wide issues that were raised but are not in the resolution. He moved to table this issue and bring it back at the next committee of the whole for review and vote on at the council meeting two weeks from now. Council Member Gershman seconded the motion to table. Carried 12 votes affirmative.

COUNCIL MEMBER KLAVE TELECONFERENCE
DISCONNECTED (TELECONFERENCE SYSTEM CUT OUT)

DIRECT MAYOR TO APPOINT A GROUP TO COMMUNI-
CATE WITH THE COUNTY AND THE AIRPORT AUTHORITY
BOARD

The staff report from the city attorney's office relating to the first reading of an ordinance amending Section 20-0206(1) relating to members of the Airport Authority Board, with recommendation to approve the ordinance.

It was moved by Council Member Stevens that we pass this ordinance with an amendment that we limit members appointed by the mayor to one term. Council Member Martinson seconded the amendment.

Council Member Brooks stated that what the council needs to vote on is the fact that we have four mills levied for the airport that is our responsibility and we need to have membership on that board, an elected official, and that he is not in favor of term limits.

Council Member Gershman stated he has some concern about having a council member automatically on the Board because of possibly politicizing the airport authority, and the taxing authority the airport has is by State Statute, and that is not something we are going to control; the mill levies for the airport is a small portion of their budget, their resources are from concessions, landing fees, rents, federal grants, etc. and having a city council member on the airport authority isn't going to change that.

Upon call for the question on the matter of the amendment and upon voice vote, the motion was defeated by a vote of 8 to 3, Council Members Bjerke, Stevens, Martinson voted against the motion.

Council Member Brooks stated that we are elected officials and are responsible for the city mills to the airport authority and should have an elected official sitting on that board, and moved to amend the ordinance to leave under item 1, to change the members from 7 to 6 and include item c, the one member from the city council and delete item d, which makes reference to the county commission. Council Member Christensen seconded the motion.

Council Member Brooks stated that we need to go to the County with this as presumptuous to include the county commissioner until we have had discussions with the County, and would hope that the mayor, should this pass, would appoint a group of council members and staff to visit with the County and work out the details with them.

Council Member Christensen stated his concerns, that there is some dissatisfaction with a certain segment of this community as to how our airport is being run, but believes that when we create commissions or authorities then we transfer the responsibility that we would have had ourselves for governance and for review to that group and entrusted them the responsibility to do that; and if there is a concern that it's time to review the activities to create a task force and could have some cooperation and some consultation among the affected groups with the Commission and after 45 to 60 days if there is a problem to address and deal with it after receiving the information after deliberation and make an informed decision with all the parties at the table.

Council Member Hamerlik stated we didn't have to change the ordinance but that the mayor could appoint a city council member as one of those three members.

Council Member Gershman stated that the Airport Authority has the ability to tax and the independence of that Authority is very important, that he was a member of the Board for 5 years, and they had extremely serious problems at various times - general aviation and fixed based operator - that the majority of those grievances are now before the Federal Aviation Administration and they will issue directives to the Airport Authority whether the fixed base operator is correct or the general aviation is correct, and when those directives come down there is nothing the city council can do about that and nothing the Airport Authority is going to do about that, but decided in Washington, D.C.

After further discussion and upon call for the question on the motion to introduce the ordinance, as drafted, with the following changes: deletion of subsection d in its entirety and inclusion of subsection c, and effect would be to have a 6-member body with 3 members being residents of the city of Grand Forks appointed by the mayor, confirmed by the city council; two residents of the county of Grand Forks appointed by the Grand Forks County Commission and one member of the Grand Forks City council for first reading and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Martinson, Brooks, Bjerke - 5; and the following voted against the motion: Council Members Gershman, Christensen, Kerian, Bakken, Kreun, Stevens - 6. Mayor Brown declared the motion defeated.

It was moved by Council Member Kreun and seconded by Council Member Gershman that the mayor put together a group to communicate with the county commission and with the airport authority board to find out if there is a reason to change the makeup of the commission. Carried 10 votes affirmative; Council Member Bjerke voted against the motion.

Mayor Brown asked for volunteers to contact his office and by Monday of next week put together that task force.

DEFEAT MOTION TO REQUIRE A 60% MAJORITY VOTE
TO INCREASE CITY SALES TAX


A report from Council Member Bjerke relating to increasing the sale tax, with recommended council action to discuss ballot language on April 22, 2002, vote on ballot language on May 6, 2002, and if approved, discuss on May 28, 2002 and to approve language and set date for vote on June 3, 2002.

Council Member Bjerke stated he brought this item before council as he wants to make it as difficult as possible for the government to confiscate the citizens' money; and if the council would control its spending, wouldn't have to have any more money and should have a 60% majority so it would be a clear consensus of the people that they are in agreement with this. He moved that the city attorney draft the appropriate ballot language that any increase in the current city sales tax or to extend the Alerus sales tax, once the Alerus is paid off, requires approval of 60% of the voting citizens of Grand Forks, and if approved, the city attorney would have the ballot language ready for the committee of the whole on May 28 of this year. Council Member Stevens seconded the motion.

COUNCIL MEMBER BURKE REPORTED PRESENT
ON TELECONFERENCE SYSTEM

COUNCIL MEMBER KLAVE REPORTED BACK ON
TELECONFERENCE SYSTEM

Upon roll call vote, the following voted "aye": Council Members Burke, Brooks, Bjerke, Stevens - 4; voting "nay": Council Members Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson, Hamerlik - 9. Mayor Brown declared the motion defeated.

DEFEAT MOTION TO REQUIRE MAJORITY VOTE TO
INCREASE MILL LEVY

The report from Council Member Bjerke relating to procedures for increasing mill levy, with recommendation to discuss language on April 22, 2002, vote on ordinance language on May 6, 2002, and if approved, discuss ordinance on May 13, 2002, and vote on ordinance on May 20, 2002 and June 3, 2002.

Council Member Gershman stated there have been accusations made that the city council has not been able to control the mill and motion is for a super-majority, that since 1996 to 2002 the city's mill levy has decreased 6 mills and that includes 15 mills for dike construction and that happened without a super majority on the previous council and this council, and thinks the council has demonstrated that there is a desire to lower the mill rate and control the mill rate, and this council has instructed the mayor and staff to hold the line on the mill levy this year and was accepted by the mayor and that he will do everything in his power to do and that took place without a super majority.

Council Member Bjerke stated the mill levy has gone down, that if the value of your house goes up your taxes increase, but we also could lower the mill levy accordingly so that it's a wash, that the amount of tax generated by the mill levy is consistently in at a rate higher than inflation and that this council and past councils have consistently taken that money and spent it and so are a growing government, that we are increasing spending and that this council has spent money in ways that no past council has spent the money, services have increased. He stated the purpose of this is to attempt to put some constraint on the council. He moved to have the city attorney draft an ordinance which states that any increase in the mill levy must be approved by two-thirds of the city council, if approved, the attorney will have this available for the committee of the whole on May 13. The motion was seconded by Council Member Stevens.
Council Member Gershman stated that the consumer price index from 1996 to 2002 went up 2.4%, the residential valuation increase in Grand Forks went up 2.77%, this is less than one-half percent, and to say that the City has been increasing property valuations in an excessive amount is not true; that council, department heads, city employees have been working hard to find efficiencies, that we have added some things which are quality of life issues, 68% of the citizens of Grand Forks like what is happening in the city and love the services.

Council Member Bjerke stated he is looking at the total money generated by the property tax and it has gone up a rate higher than inflation, that the amount of money generated goes up every year and we continue to spend it every year, and that 60% of the people in the city thought taxes were too high in the city. He reminded council they have a duty to represent all citizens; that it's not the role of government to be everything for everyone, provide the minimum services that are needed and let everybody choose how they wish to spend their own money instead of the government - the purpose of taxes is to raise revenue and not to dictate lifestyle.

Council Member Burke stated we have gone on finding new ways to spend money while we were taking dedicated funds, shifting them into the general fund, and putting off spending on basic activities that the city is here for, providing for the public safety through the police department, we have pushed ourselves to the point in the next year if not the year after where we're going to be faced with raising the mill levies but we have started spending money on the arts and events and putting money aside for overtime for things related to special events and funding research and things not central to the function of city government.

COUNCIL MEMBER KLAVE TELECONFERENCE
DISCONNECTED

After further discussion and upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Burke - 4; voting "nay": Council Members Glassheim, Gershman, Christensen, Kerian, Bakken, Kreun, Martinson - 8. Mayor Brown declared the motion defeated.

AUTHORIZE MEMBERS OF PENSION COMMITTEE TO
WORK WITH ALERUS FINANCIAL TO EVALUATE
PROPOSED CHANGE IN DEFINED BENEFIT PLAN

The staff report from the finance department relating to the matter of Aeltus agreement, with recommendation to give authority to members of the Pension Committee (Cooke, Grasser and Schmisek) to work in cooperation with Alerus Financial (Mark Hall) to evaluate the proposed change and decide on its approval.

The city auditor stated they were requesting council action to allow this group with Mark Hall of Alerus Financial to evaluate the proposed change and to change our investment policy under the Defined Benefit Plan, that we need to have our letter back to Aeltus by May 15, that after going through a review of this and worked with Mr. Hall and have decided that this makes sense to proceed with this and he also presented a week ago at the Pension Committee and also one of their trustees that it made sense to move from the small cap to the small mid cap area for better performance, and are looking for action to approve this change.



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

The city auditor stated that one of the reasons they are doing this is that right now they are locked into the small cap area and probably not performing as well, that Aeltus is fairly passive manager and once we
establish this with them we think they would hold pretty true, the Pension Committee has discussed that PMG who is a sector rotator and have looked at their performance over a number of years and are probably going to be coming to council and requesting a change in managers in that regard because there are some concerns that we have.

Council Member Gershman asked if he should vote or abstain on this because he is a board member of Alerus Financial and they are the trustee. Mr. Swanson stated generally on a conflict of interest of that nature, the question would be whether he would receive a pecuniary benefit from the action taken by the council; that his understanding is that a board of directors that there is not that direct tie or relationship, however, if you interpret it to be in the appearance of impropriety, he would wish to consider abstaining. Council Member Gershman asked to be allowed to abstain from voting and it was so moved by Council Members Brooks and Hamerlik. Carried 11 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Member Gershman abstaining.

INTRODUCE ORDINANCE RELATING TO JUNK,
ABANDONED VEHICLES, BUILDING MATERIALS, ETC.

The staff report from the Inspections Department relating to the first reading of an ordinance amending Sections 13-701, 13-0703 and 13-0706 of the Grand Forks City Code relating to junk, abandoned vehicles, building materials, etc., with recommendation for first reading and preliminary approval of the ordinance.

Schurkey Swanke, 1506 South 15th Street, stated that some years ago he went to the department in charge of building permits with the intention of increasing his garage space and his request for a building permit was turned down, that they don't want him to keep things indoors, and his understanding of this code would require him to not keep things outdoors, and limits the utility of his own property, doesn't feel that is right and his question was, what mechanism have you put in place to compensate him for the loss of utility of his property; and if was aware of legal precedence where home owners or property owners have been granted compensation when rules change and limit the utility of the property in question. Mr. Swanson stated no, not unless it constitutes a taking, and a taking would require an elimination of total use of the property, there is a wealth of case law in the State of North Dakota, and that this is not a taking but a regulation.

John Hanson, 803 South 22nd Street, stated that in the area of 7th Avenue South to DeMers Avenue where there has been an on-going problem, fence dividing businesses and residential, and questioned when watermain coming in and the old fence will be replaced - that trash and garbage out there keeps piling up in the back of businesses, residents pick up rubbish from businesses dumping their stuff on the ground out there, and asked why they can't levy a fine and make people get area cleaned up and maintained, and suggested adding a fine or penalty to make sure people clean up their places. Mrs. Hanson stated that a number of years ago they petitioned for and were assessed for a fence between residential and commercial properties and complained re. businesses because of garbage, etc. against that fence. Don Johnson, 707 South 22nd Street, also complained re. garbage that blows into his yard..

Vernon Gornowicz, 1400 Kuster Court, stated he received a letter from the Inspections Department re. his property on Highway 2, stating that there is junk, damaged mobile home and heavy construction equipment, pipes, snow fence, large storage tanks accumulated on his property, that it might be junk to the city inspections department but his family runs a business and they use that in their business, there are roll-off boxes parked there, water tanks, mower, etc., that they use this as a business - that city planted shrubs along the highway however City stated they were not budgeted for maintenance, so he has mowed grass, trimmed shrubs, etc., and asked what are they supposed to do with their "junk to run a business" within the city of Grand Forks and who does he see that they can keep it there, that in the letter it says that he has until May 6 to comply with the ordinance.

Mrs. Collings, Inspections Department, stated Mr. Gorowicz's letter doesn't pertains to this specific issue, in the same code section but modifications they are making to the ordinance only apply to residential properties; and stated his letter is a separate issue and as a city try to plan it as each site is developed in an orderly fashion and thinks they can help him to get a proper site plan and get the proper storage. Mr. Gornowicz stated this is property they use in their business. Mayor Brown asked if they could work on this and to get a report back.

Council Member Brooks stated that the ordinance seems too restrictive. Mrs. Collings stated that a camper, boat or other vehicles (motorcycle) becomes physically damaged or deteriorates over time; and that the Inspection Department along with the Health Department worked on this to tighten up the ordinance because of some loopholes because they didn't identify boats, campers, etc., that this is not expanding the code, that these are items that are in people's yards for years and not being utilized, just being stored. Mr. Swanson stated he has a concern with the ordinance, phrase "becomes physically damaged or deteriorated", that don't have a measuring stick, whether the council wants to move forward with this ordinance for first introduction but would like to have the opportunity that his office looking that that, concern he would have is the definition of "physically damaged" maybe come overbroad.

Council Member Glassheim stated that each person has a property right or a right in their property, so does their neighbor next door and it is up to us to balance the two rights, because if you have junk on your property that lowers the value and use and pleasure of his property, and is property right against property right. He asked if the storage of firewood was covered under this to be stored on property; Ms. Collings stated they don't specifically address firewood but accumulation of building materials around private property or in a vehicle. Ms. Collings stated they normally operate on complaints because of the workload. Mr. Swanson stated there is a fine in the ordinance, which provides for a fine not to exceed $500.00, and have opportunity to contest the issue in court, not using administrative penalties and advising not to go that route.

Don Johnson, 707 South 22nd Street, stated he goes out and picks up garbage etc. that blows into his yard, tries to but can't in their area. Mrs. Hanson, 803 South 22nd Street, that a number of years ago they were assessed and petitioned to get that fence in between residential and commercial properties, and complained re. business because of garbage, etc. against that fence and when new fence comes in, will cost more in maintenance if treated in same way as the former fence.

Leonard Bina asked Mr. Bjerke that if he has a neighbor that has junk in his yard, the value of the property goes down, that rather than those with junk move out of town but people who take care of their

property move out. Council Member Bjerke stated he believes in personal property rights and if in junky situation where it's a health hazard believes we have rules to take care of that, but if unkempt and doesn't look as nice as you'd like, but how far are we going to go.

It was moved by Council Member Christensen and seconded by Council Martinson that the recommendation be approved.

Council Members Martinson and Kreun called for the question. Carried 11 votes affirmative, Council Member Burke voted against the question.

Upon call for the question and upon voice vote, the motion carried 10 votes affirmative; Council Members Bjerke and Burke voted against the motion.

Council Member Bakken introduced an ordinance entitled "An ordinance amending Sections 13-0701, 13-0703 and 13-0706 and of the Grand Forks City Code relating to junk, abandoned vehicles, building materials, etc.", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO OFF-STREET
PARKING AND LOADING

The staff report from the inspections department relating to the first reading of an ordinance amending Section 18-0302(5) of the Grand Forks City Code relating to off-street parking and loading, with recommendation for first reading and preliminary approval of the ordinance.

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

Mr. Swanson stated he had similar concerns of the drafting of the ordinance and would like to have the opportunity to bring back to this body.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Member Bjerke voted against the motion.

Council Member Bakken introduced an ordinance entitled "An ordinance amending Sections 18-0302(5) of the Grand Forks City Code relating to off-street parking and loading", which was presented, read and passed on its first reading.

DIRECT THAT SPECIFIC ELIGIBLE PROJECTS BE PURSUED
BY ENGINEERING DEPARTMENT FOR TCSP FUNDING

The staff report from the engineering department relating to Transportation and Community and System Preservation (TCSP) Grant, with recommendation to determine which eligible projects staff should pursue for TCSP funding.

Mark Walker, engineering department, reviewed the eligible projects indicated in the staff report.: to design and build a bike path along the southend drainway from the greenway to the new Middle School; the Elmwood Drive/32nd Avenue bike path is also an eligible project; overlaying the portion of Sunbeam Trail; and designing and building of the bike path from 47th Avenue north to 20th Street. He also noted that item 5. the project that was suggested by Mayor Stauss to put a fountain on the center pier of the old NP bridge has been determined by Federal Highway to be ineligible for these funds; and also that he had sent a memo to council members which included a request from the City of East Grand Forks to utilize $155,000 of the TCSP monies to build a bike path in East Grand Forks that would connect their new Middle School to the greenway.

Council Member Kerian stated that staff had asked which eligible projects should be pursued, and asked how defined that would need to be. Mr. Walker stated that the first thing that needs to be decided is whether the city council wishes to share the monies with East Grand Forks, and if decided to share some of the money with them that would take care of $155,000 of the TCSP grant; and would suggest that their next project that they would pursue was the bikeway along the southend drainway, and there was a group of citizens that requested some connection with their neighborhood to the new Middle School and they actually suggested 47th Avenue but there are some problems with rights of way, etc. so the southend drainway would be a clear connection; next suggestion would be to construct the connection to the greenway at Elmwood/32nd Avenue, if funding still available next suggestion would be to overlay the Sunbeam; and there is another project that was suggested and could pursue would be to overlay the existing Lincoln Drive, portion of street that will remain in place and thought that would be an eligible project although not time to confirm that.

It was moved by Kerian and Christensen to consider the following projects for the TCSP funding : 1. Design and build a bike path along the Southend drainway from the river to South Middle School, estimated cost, $625,000; 2. Design and build a bike path along Elmwood Drive and 32nd Avenue from the river to Belmont Road, est. cost, $80,000; 3. Overlay the asphalt portion of the Sunbeam trail, est. cost $30,000.

Council Member Gershman asked if the mover would accept a friendly amendment to add a fourth project, which would be a boat ramp for either the Lincoln Park area where the golf course is or in the new park, finding a point in the river that would not be so susceptible to erosion. Mr. Walker stated he was not sure that would be eligible; Mr. Gershman withdrew his suggestion.

There was some discussion to bring the total projects closer to the amount of money that the City would receive and it was suggested by Council Member Hamerlik to include an additional item: to add 4. Overlay of existing Lincoln Drive, est. $130,000 (this would bring total up to about $865,000.) . The mover and second agreed to the friendly amendment.

Council Member Glassheim stated we should give some consideration to share funding with East Grand Forks, not clear on technicalities, but we are in a continuing relationship with East Grand Forks, there will be continuing negotiations on many items in the future between the cities, that if they do well, we do well, etc. Council Member Brooks stated he thought we should start discussion of bridge with these dollars that are before us. Council Member Kerian stated she agrees with the partnership with East Grand Forks and doesn't know that any one project makes or breaks that relationship, and is an on-going one, that when she talked to Mr. Walker about that earlier East Grand Forks apparently has a number of their bike paths are included in their project as well, and one of the concerns that she would suggest is if people wanted to replace that fourth project, she wouldn't have a problem with that, but question is timing and if ready to go in a timely manner, nothing negative with partnering with East Grand Forks just which item and in what time and her intent was to go ahead with some projects that can move fairly quickly, and that was her intention.


After further discussion and upon call for the vote, the motion carried 10 votes affirmative, with Council Members Bjerke and Brooks voting against the motion.

APPROVE ELECTION OFFICIALS, JUNE 11, 2002

The staff report from the mayor's office relating to election officials for June 11, 2002 primary election, with recommendation to approve the list of election officials.

It was noted that ward and precinct maps will be published showing polling places.

It was moved by Council Member Hamerlik and seconded by Council Member Bakken that the listing be approved. Carried 12 votes affirmative.

DEFEAT MOTION TO RECONSIDER THE MOTION RE.
AIRPORT AUTHORITY BOARD ORDINANCE

It was moved by Council Member Stevens and seconded by Council Member Brooks to reconsider the matter of the Airport Authority Board ordinance.

Council Member Christensen stated that all the people who were here and wanted to have some input on that have left, and not fair to them that we bring this motion for reconsideration at this time, not appropriate to do at 10:00 as a last item of business this evening.

Mr. Swanson stated that a motion to reconsider, if successful, bring the matter back to the table as if you have never acted upon it; that the motion to reconsider is with respect to the ordinance, no ordinance passed for first reading - that the procedural matter as brought forward is a motion to reconsider the action on the ordinance amending the membership of the airport authority, the other motion is not germane to the ordinance. He stated regardless of what the council does, whether you pass or not pass, have to address the County because the situation you find yourself in now is not right. He also stated that under the Code a motion to reconsider, once acted upon, may not be reacted upon.

Council Member Glassheim moved to table to the next council meeting; Mr. Swanson stated that a motion to table is out of order.

Upon roll call the following voted "aye": Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim - 6; voting "nay": Council Members Gershman, Christensen, Kerian, Bakken, Kreun, Martinson - 6. Mayor Brown voted nay, and the motion for reconsideration failed.

APPROVE MINUTES OF APRIL 15, 2002

Typewritten copies of the minutes of the city council meeting held on Monday, April 15, 2002 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Bakken that the minutes be approved. Carried 12 votes affirmative.

APPROVE BILL LISTING AND ESTIMATES

Vendor Payment Listing No. 02-09, dated May 6, 2002, totaling $1,300,277.49, and Estimate Summaries
as follows: Regular Estimates totaling $1,661,183.95 and Flood Estimate Summary totaling $10,464.75, were presented and read.

It was moved by Council Member Bjerke and seconded by Council Member Bakken 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 Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Kerian, Bakken, Kreun, Martinson - 12; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

MAYOR AND COUNCIL COMMENTS

1) Council Member Brooks referred the matter to Rick Duquette, administrative coordinator, or the chief of police relating to Springfest, the matter that last year liquor establishments offering 3 for 1 drinks at 8:00 a.m. in the morning, and if that occurred again this year and would like information on that; and a request to the city auditor for quarterly reviews on our budget and that at the 6-month point get an overview on status of the budget for the year.

2) Council Member Bjerke stated that in the past when the council has voted to give taxpayers money away, certain groups will send tickets to events, etc. to council members and suggested that the mayor's office consider informing those groups that if give those tickets to the mayor's office, they could donate them to an appropriate charity.

3) Council Member Burke stated that on the first reading of the ordinances related to junk and abandoned vehicles on private property and relating to off-street parking and loading that the city attorney had some concerns about the language, yet we moved ahead to have introduction and first reading, and the language goes to the enforceability of the ordinances; that several weeks ago had another ordinance before us for introduction and first reading and were concerned about getting it right that we tabled it and formed a task force, and questioned why we would move ahead with these ordinances tonight that deal with the possible utility of one's private properties.

4) Council Member Burke stated that today he E-mailed staff a draft resolution and asked that it be distributed to members of the council, the resolution relates with the council asking the Attorney General to render an opinion with regard to a couple of parts of State law re. conflict of interest, and asked that this be placed on the agenda for the next committee of the whole for discussion.

5) Council Member Glassheim stated that Grand Forks native Steve Silverman who has been taking photographs for some years and 8 of his images measuring 12 ft. long and 5 ft. high are in the permanent new building of the ND Association of Counties Building that opened April 30 in Bismarck, and are on display - his series is called the Secret Beauty of North Dakota; and wanted to make people aware of this; and suggested possibility of awards given monthly for the secret talents in Grand Forks and be recognized for people who have done things that have received recognition state-wide or nationally for talents or achievements be recognized by us.

6) Council Member Glassheim reported he had presented a code of ethics for interest and that he would like to have discussion started and feedback.

7) Council Member Gershman stated that several weeks ago Rick Duquette was interviewed on National Public Radio, and that he did a tremendous job in representing the city, and wanted to say publicly that he

was proud to hear him.

8) Council Member Kreun stated that an article in the Herald on how the dikes and closures are build was quite interesting, and thanked them for putting that in the paper, and complications that it takes to build those closures, time it takes in ordering 18 months in advance, etc. and also stated that the story in the Herald re. child abuse was very pertinent and very good.

9) Mayor Brown announced appointment of the committee re. code of ethics for elected officials in the city of Grand Forks, that the code will have an impact on future councils and can be something positive for our community that will help renew and increase public trust in our officials and institution of city government: Council Members Bakken, Kerian, Christensen, Hamerlik and himself. Council Member Bjerke stated that the first five people who submitted their names were not included in the task force; and asked the city attorney if any approval was needed by the city council. Mr. Swanson stated unless the council specified the appointments, it is the mayor's appointment, and that he would check that. Council Member Bjerke disagreed with the appointments, and questioned why Council Member Glassheim was not on this task force.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Martinson that we adjourn. Carried 12 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
__________________________________
Michael R. Brown, Mayor