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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 17, 2004

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, February 17, 2004 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.

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

Mayor Brown commented on various events during the past week and upcoming events:
1) he thanked Governor Hoeven who was in town today to tour the Base and discuss the current status of BRAC and our community's preparations, that we have a sound committee working on this issue but would also need to call together every level of government and every aspect of community support to insure that we can keep Grand Forks Air Force Base here and thanked him for his on-going support on this issue and recognizing how important it is to our community and region.
2) he encouraged people to attend the Feast of Nations this Saturday at University of North Dakota, they are important for diversity they inject into the community.
3) he stated that he would be making the State of the City address next Thursday at the Alerus Center, that it is an opportunity to communicate with the residents, that he enjoyed reflecting on the hard work and progress of 2003 and the future.
4) that March 15-19 has been dubbed the Annual Municipal Government Week and that the City of Grand Forks will join the ND League of Cities in celebrating it, that there is an "If I were a mayor for a day" essay contest for the local 4th graders; and the celebration will include many other efforts to help increase public awareness about city government.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND TEXT OF LAND DEVELOPMENT
CODE, ZONING, AND CONDITIONAL USES RELATING TO
DOG DAYCARE AND BOARDING FACILITIES

An ordinance entitled "An ordinance amending the Grand Forks City Code of 1987 as amended; Chapter XVIII, Land Development Code, Article 2, Zoning; Section `18-0204 Rules and Definitions; Section 18-0216 B-3 (General Business) District, subsections (3) Conditional Uses and (11) Special Conditions; Section 18-0218 I-1 (Light Industrial) District, subsection (3) Conditional Uses; and Section 18-0219 (Heavy Industrial) District, subsection (3) Conditional Uses; all relating to dog daycare and boarding facilities", which had been introduced and passed on its first reading on January 20, 2004 and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date he had received no written protests on this matter.

Mayor Brown opened the public hearing.

The staff report from the Planning and Zoning Commission regarding the request for approval of the ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Zoning, Section 18-0204, Rules and Definitions, subsection (2), Definitions; Section 18-0216 B-3 (General Business) District, subsections (3) Conditional Uses and (11) Special Conditions; Section 18-0218 I-1 (Light Industrial) District, subsection (3) Conditional Uses; and Section 18-0219 I-2 (Heavy Industrial) District, subsection (3) Conditional Uses; all relating to dog daycare and boarding facilities, with recommendation to continue public hearing until March 15, 2004.

It was moved by Council Member Gershman and seconded by Council Member Glassheim to continue the public hearing to March 15, 2004.

Council Member Gershman asked when neighborhoods would be notified and what are the restrictions on this becoming a regular kennel that would be inside the city. Mr. Potter stated the notification of the neighbors would happen assuming this ordinance passes and when an actual application for a dog daycare center would come before the Planning Commission and before the city council, that now only working on attempting to amend the existing city ordinance to provide for such a facility.

The question was raised as there has been a lot of discussion relating to a dog park and whether this was a dog park; Mr. Potter stated that it was not and is a totally different deal.

Howard Swanson, city attorney, stated the council should be aware of what they are actually doing here is establishing the use as a conditional use, and that anyone that might be interested in operating a dog daycare would have to go through the normal conditional use application which provides for specific notice to property owners in the area of what the application is, and without this ordinance they cannot get to the point of considering whether you will allow a dog daycare or not.

It was noted that by the ordinance they are allowing a dog daycare and boarding facility in a B-3 (General Business) District, and also in I-1 (Light Industrial) and I-2 (Heavy Industrial) Districts but also noted that it is a conditional use and it is not a permitted use.

Council Member Christensen stated he has some issues as to a conditional use versus a permitted use, that when have a conditional use for 20 years, that council should start thinking about granting "conditional use permits" because it is a way around the zoning rules and the issue really is what are permitted uses within a certain area of town deviating from what traditionally would be permitted in a B-3 zone by a conditional use; that over the period of the conditional use whoever owns this facility would be before council at that time and say that they have been there for x number of years and never thought council would take away their permitted use; that he doesn't see a definition as to dog care and boarding facility and over night boarding and no definition of how long they could be there, should understand what B-3 districts are and before passing on this should start talking about some of those issues because if want a dog daycare boarding facility as a permitted use in a B-3 district, then say so and change your zoning but in his opinion you are spot zoning - that should continue the hearing but have other issues before them. He stated if want a dog daycare grooming boarding facility, then put it where it won't bother others - in a light industrial area rather than a B-3 area.

Council Member Gershman stated he is not against the concept because there is a need for it but have heard that have to be business friendly but that the committee wants to be business friendly but not at the expense of the quality of life and aesthetics of the community.

Council Member Glassheim spoke in favor of having a conditional use permit, because this gives the City more control over who is going in, the design, distances and if simply permit it in a district, have less control. He asked what is the concern because it has to be a totally enclosed building and if sound is the main concern. Mr. Potter stated there is a requirement for acoustical material in the document but not sure of what is percentage of sound-proofing.

Council Member Christensen stated the conditional use permits that he has seen granted seems to have been forgotten along Highway 2 - that the conditional use permits for the junkyards on Highway 2 expire in August of 2004 and will wait to see how this council conducts itself in granting or re-granting of conditional use permits; the ordinance that is referenced under dog kennels and councils before us suggested that dog kennels be in Agricultural Reserve Districts (A2) and concern is considering the impact upon people who live next to something like this as far as sound that may occur; previous councils thought that the lot area required for something like this be at least 2 acres - not against this but not in favor of dogs barking at midnight.

Mayor Brown closed the public hearing.

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

APPROVE FINAL PLAT AND ADOPT ORDINANCE NO.
4009, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF BIRKHOLZ HOMESTEAD ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Birkholz Homestead Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on September 15, 2003 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

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

The staff report from the CPS, LTD. on behalf of Marvin and Violet Birkholz for final approval of the plat of Birkholz Homestead Addition to the city of Grand Forks, North Dakota (located in the 3600 block of 18th Avenue South), with recommendation to give final approval to the plat and to include an ordinance amending the Street and Highway Plan, subject to the conditions shown on or attached to the review copy.

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

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

APPROVE TRAVEL EXPENSE POLICY AND PROCEDURES

The staff report from the finance department relating to the travel expense policy and procedures, with recommendation to approve the travel expense policy and procedures as established by the city auditor per City Code 6-0317 and establish an effective date of January 1, 2004, and approve an amendment to City Code 6-0317 per the ordinance change.

The city auditor stated that at the committee of the whole meeting the council wanted to approve the policy and procedures and to leave the ordinance as is.

It was moved by Council Member Gershman and seconded by Council Member Christensen to approve the Travel Expense Policy and Procedures and to establish an effective date of January 1, 2004. Carried 7 votes affirmative.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 5316, UND WATER TOWER
RECONDITIONING

The staff report from the engineering department relating to Amendment 1 to engineering services agreement with Advanced Engineering & Environmental Services, Inc. for Project No. 5316, UND Water Tower Reconditioning, with recommendation to approve Amendment No. 1 for additional design and bidding services and construction administration and warranty services in the amount of $102,800.00.

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

APPROVE BIOTERRORISM GRANT AND BUDGET
AMENDMENT, HEALTH DEPARTMENT

The staff report from the health department relating to bioterrorism grant budget amendment and 1 FTE Project/Grant Funded position (new revenue), with recommendation to approve grant budget amendment in the amount of $94,516 and one additional project/grant funded position.

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

APPROVE APPOINTMENTS TO VARIOUS COMMITTEES

The staff report from Mayor Brown relating to appointment to the Grand Forks Events Center Commission, with recommendation to confirm the reappointments of David Evenson and Darrell Larson to the Grand Forks Events Center Commission for three-year terms.

The staff report from Mayor Brown relating to the appointment to the Emergency Management Board, with recommendation to reappoint Council Member Dorette Kerian as the city council representative to the Board for a one-year term.

The staff report from Mayor Brown relating to the appointment to the Civil Service Commission, with recommendation to approve reappointment of Fred MacGregor to the Civil Service Commission for a three-year term.

The staff report from Mayor Brown relating to the Historic Preservation Commission appointments, with recommendation to confirm reappointment of Charles Flemmer, Gordon Iseminger, Sandra Slater and appointment of Melinda Leach and Ken Polovitz for two-year terms.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that the recommendations be approved. Carried 7 votes affirmative.

APPROVE BIDS FOR POLICE VEHICLES

The staff report from the police department relating to request to accept vehicle bids with recommendation to accept the bid of Rydell Chevrolet with trade-ins for $74,657.00 for a compact, extended cab, four-wheel drive pickup and four police package sedans.

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

OPEN 30-DAY PUBLIC COMMENT PERIOD

The staff report from the Office of Urban Development relating to the Fair Housing Impediments Analysis, with recommendation to open the 30-day public comment period to invite comments on the analysis.

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

INTRODUCE ORDINANCE RELATING TO BORROWING
OF FUNDS UPON THE ISSUANCE OF CERTIFICATES
OF INDEBTEDNESS; AUTHORIZE STAFF TO PROCEED
WITH LOAN; AND AUTHORIZE CHANGE IN HOME-
BUYER INCENTIVE PROGRAM

The staff report from the Office of Urban Development relating to Fannie Mae Loan, with recommendation to hold first reading of the ordinance, authorize staff to proceed with the loan as described below (loan documents to be reviewed by city attorney prior to execution); and authorize the change in Homebuyer Incentive Program terms.

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

Council Member Kreun introduced an ordinance entitled "An ordinance adopting Section _____ of the Grand Forks City Code relating to the borrowing of funds upon the issuance of certificates of indebtedness:, which was presented, read and passed on its first reading.
APPROVE FINAL PLAT OF LOTS 13-17, BLOCK F,
SUNBEAM ADDITION

The staff report from the Planning and Zoning Commission relating to request from Branden Bartholomew on behalf of the City of Grand Forks for final approval of the Replat of Lots 13 - 17, Block F, Sunbeam Addition to the city of Grand Forks (located at 51, 55, 59, 63 and 67 Sloping Hills Cove, with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS 4, 5,
6, 14,15 AND 16, BLOCK 6, SUNBEAM ADDITION

The staff report from the Planning and Zoning Commission relating to request from Branden Bartholomew on behalf of the City of Grand Forks for final approval of the Replat of Lots 4, 5, 6, 14, 15 and 16, Block 6, Sunbeam Addition to the city of Grand Forks, ND (located on Gentle Hills Circle and Rolling Hills Circle), with recommendation to five final approval to the plat, subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS A-F,
8, AND 10-13, BLOCK H, SUNBEAM ADDITION

The staff report from the Planning Department relating to the request from Branden Bartholomew on behalf of the city of Grand Forks for final approval of the Replat of Lots A-F, 8, and 10-13, Block H, Sunbeam Addition to the city of Grand Forks, ND (located on Northridge Hills Court), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

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

APPROVE FINAL PLAT OF ROBERTONS FIRST ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, LTD. on behalf of Roberton and Kokron for final approval of the plat of Robertons First Addition (located on the corner of 24th Avenue South and South 36th Street, to include a variance to the Land Development Code, Article 9, Subdivision Regulations, Section 18-0907, subsection (2), Right of way, paragraph (L), as it relates to access to collector streets, with recommendation to give final approval, subject to the conditions shown on or attached to the review copy, to include a variance to the Land Development Code as it relates to access to collector streets.

It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
APPROVE CONDITIONAL USE PERMIT FOR LOTS 1
AND 3, BLOCK 5, ORIGINAL TOWNSITE FOR PURPOSE
OF REBUILDING NEIGHBORHOOD CONVENIENCE
GROCERY AND AUTOMOBILE SERVICE BUSINESS

The staff report from the Planning and Zoning Commission relating to the request from Paul Holje on behalf of Miller and Holmes, Inc. and Randy Gram for approval of a conditional use permit for Lots 1 and 3, Block 5, Original Townsite to the city of Grand Forks, ND (located at 419 North 5th Street) for the purpose of rebuilding a neighborhood convenience grocery and automobile service business, with recommendation to give final approval of a conditional use permit for a duration of twenty (20) years, subject to the conditions as required by Section 18-0211 and approval of the required site plan.

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

APPROVE FINAL PLAT OF REPLAT OF LOTS 10 THROUGH
14, BLOCK 6, COLUMBIA PARK 29TH ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Steve Adams on behalf of Greenberg Enterprises for final approval (fast track) of the Replat of Lots 10 through14, Block 6, Columbia Park 29th Addition to the city of Grand Forks (located in the 3800 block of Pembrooke Drive), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN UNIVERSITY VILLAGE PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 2, ALL OF UNIVERSITY VILLAGE
ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Dakota Commercial on behalf of the University of North Dakota for preliminary approval of an ordinance to amend the zoning map to exclude from the University Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, and to include within University Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of University Village Addition and Columbia Addition, Grand Forks, North Dakota (located in the NE 1/4 of Section 5, T151N, R50W of the 5th Principal Meridian), with recommendation to give preliminary approval to the ordinance, and to set a public hearing date for March 15, 2004.

Council Member Glassheim expressed concern about moving ahead rapidly with small amounts of information about what is going to happen and where things are going to go, that density being increased a significant amount and if there shouldn't be a public hearing at Planning and Zoning and have recommendation from Planning and Zoning to council in more detail.

Mr. Potter reported that the request was made at the committee of the whole meeting and that somebody from the University of North Dakota would be here to answer questions, and that Rick Tonder, associate director of plant facilities for UND will make some remarks.

Mr. Tonder presented aerial photo of the property and stated when the opportunity came to amend the PUD one of the questions they asked was there sufficient density for some of the potential uses on the property for housing, and had questions in how to determine what a unit was - a residence hall could take about 200 units with relatively few students living there and that is what prompted the decision to raise the density, but don't have a plan to do something at this point but if did entertain that plan, would they have the ability to do it. He stated from the discussions they have had today in terms of planning, believes the intent would be a combination of a number of different types of housing, but the only thing they have a firm plan on is some townhomes, no apartments nor residence halls on the horizon, and if that is a concern, they would have to bring forward that they haven't bolted anything down, could say what they wouldn't do is to build something that didn't conform to the PUD.

Council Member Christensen stated it is his understanding that the beginning of zoning process is called a PUD and thinks the concern is that when the PUD is laid out, the developers come with us and they have a more defined plan within the PUD, that they are building a strip mall along the road that leads into the Engelstad, and his concern is that if you don't have any plan why approve 500 units and until they have some idea as to what you need for zoning and density, not sure should approve 500, probably be better for the University to just develop and come back with proposal and density they are proposing and then the citizens who are affected and City affected because deal with roads, sewer, etc. and that it is a bit indefinite at this time.

Council Member Hamerlik stated Mr. Tonder was in on this at the beginning and one of things they did at the City's request was to move back from Columbia Road for more green space and has a hard time visualizing a residence hall going north of 10th Avenue because of distance, probably south of 10th and asked for approximate location of these 500 units would be. Mr. Tonder showed location of the area where units would be.

Mr. Potter stated they are proposing to add three things: the increase from 200 to 500 housing units and to add the capability of having a bank in the southwest corner of Gateway Drive and Ralph Engelstad Drive which would be in addition to the list of uses that could occur, and to add the ability in the southeast corner of Gateway Drive and Ralph Engelstad Drive as gas station and those are changes that are being proposed. Mr. Tonder agreed that they could delete the change in density until they have more details.

It was moved by Council Member Christensen and seconded by Council Member Kerian to approve the proposal with the exception that they delete item 1) which is to increase the maximum number of units from 200 to 500 and leave it at 200, and to set the public hearing for March 15, 2004.

Council Member Kreun asked for timeframe on the two items being approved as the dike is there now and didn't know what concerns were with potential flooding of the University property, wouldn't like to see them take it down and not be prepared when dike system isn't completed. Mr. Tonder stated the function of the levee is paramount and if there is any question of the levee being retained to protect the property, their plans would be on hold. He stated they have been under general guidelines that the Coulee would be controlled after this year's spring flooding. but if that is not the case they would have to have more discussions on what that might mean. Mr. Tonder was asked to work with Mr. Grasser as closure gates on the conversion are going to be completed this spring.

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

Council Member Brooks introduced an ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the University Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1 and to include within the University Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of University Village Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INFORMATIONAL ITEM

The Statement of Changes in Cash Balances for January, 2004, was presented to council for their information.

APPROVE BILL LISTING

Vendor Payment No. 04-04, dated February 6, 2004, and totaling $1,946,977.75 were presented and read.

It was moved by Council Member Kerian and seconded by Council Member Christensen that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES FEBRUARY 2 AND 9, 2004

Typewritten copies of the minutes of the city council meetings held on Monday, February 2, 2004 and of the special council meeting held on Monday, February 9, 2004 were presented and read. It was moved by Council Member Gershman and seconded by Council Member Christensen that these minutes be approved. Carried 7 votes affirmative.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Kreun stated after seeing some of the news reports on the Sjodin case, appreciates the comments that are made and how it has been handled; and appreciates what the police department is doing.

2) Council Member Gershman stated that in the National League of Cities there is an ad that has street clocks similar to the one we have downtown and that they are closing them out, regular cost $15,000 and closing them out for $3,995 and that greenway or other groups might be interested.

3) Council Member Gershman thanked Hazel Fetters-Sletten, water plant superintendent, for doing a good job in her two weeks of stepping into another office, that upon Dwight Wurzbacher's retirement, Ms. Sletten is now in charge of managing the water distribution department as well as continuing with water treatment; that it is important for the citizens to know what has been happening in the City many times is that when there is a retirement, staff is doing everything they can to collapse those positions into one and thanked staff.

The city auditor reported they will be issuing a press release tomorrow regarding the June 8 election, deadline for filing petitions to be placed on the ballot is April 12 at 4:00 p.m., council member seats that are up for election are Wards 1, 3, 5 and 7, the mayor and two park commissioners for four-year terms.

ADJOURN INTO EXECUTIVE SESSION

It was moved by Council Member Hamerlik and seconded by Council Member Kerian to go into executive session pursuant to NDCC 44-04-19.2 with request to a settlement proposal received on their claims against S.J. Louis Construction Company. Carried 7 votes affirmative.

CITY COUNCIL RECONVENES FOLLOWING EXECUTIVE
SESSION

Mr. Swanson stated that in the executive session he indicated that we have a settlement proposal from S.J. Louis and the Greater Forks Engineering Group for settlement of the counter-claims the City has made against S.J. Louis and the third party claim against the engineers, the essential elements of the proposal for settlement is that the City will receive the sum of $200,000 in cash within thirty days after the execution of the settlement agreements, that S.J. Louis and the engineers will provide an additional warranty of five years or $150,000 in the alternative, in other words the maximum exposure under the five year warranty will be $150,000 or five years, whichever occurs first, that warranty will be backed up by an irrevocable letter of credit by a suitable lending institution for the City to draw upon, the City will assign its claims against the pipe manufacturer to S.J. Louis, the actions will be dismissed against the City and the City will either dismiss or waive its claims against the engineers and S.J. Louis Construction Company, the City will cooperate in the event there is any further litigation between S.J. Louis and the pipe manufacturer. He asked assuming council's concurrence is a motion to authorize the proper City officials to enter into a settlement agreement consistent with the terms outlined, there will be some details that can be delegated to himself and Mr. Duquette to work through on the specific language but the general terms will be as he indicated

Council Member Hamerlik moved and Council Member Gershman seconded to approve the motion as indicated by the city attorney. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.

AJOURN

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

Respectfully submitted,

John M. Schmisek, City Auditor
Approved:
____________________________________
Michael R. Brown, Mayor