City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 7, 2004

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

Members of Girl Scout Troops 389 and 157 led the city council in the pledge allegiance to the flag.

President Gershman commented on various events during the past week and upcoming events:
This is 38th Annual Potato Bowl Week, parade and football game are on Saturday morning and afternoon, and Annual French Fry Feed on Thursday evening in University Park; other events include the golf tournament and the potato cooking contest.
The City of Grand Forks is proud to be part of the upcoming Annual September 11 Remembrance Ceremony at the Grand Forks Air Force Base. Under the direction of Col. Mark Ramsey the ceremony will honor those who were lost that tragic day and those who continue to serve and protect us today. The Grand Forks Police Department and the Grand Forks Fire Department as well as many other local emergency responders will stand side by side with our military at the ceremony just as they do every day.

President Gershman 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.

Representatives from the University of North Dakota stated on behalf of the students of the University of North Dakota and administration that they wanted to show their thanks for helping with the Welcome Back Weekend which has been a success; and that as walking around heard nothing but positive comments from both parents and students and thanked city council and members of the mayor's office for playing integral role and urged that they do it again next year and appreciate support.

MONTHYLY FLOOD PROTECTION UPDATE

Al Grasser, city engineer, noted that what is being done on the project is broken down into three general areas: floodwall work and is being done in Sunbeam, 3rd Street and behind Reeves Drive in various levels of completion; a number of pump stations are going on, Southend Drainway, Belmont Coulee, 15th Avenue South, 8th Avenue North and the Central Park area and will soon be starting pump work near Red Dot; and some work going on in Riverside in a warming house; and seeding and cleanup, etc. Myra Museum site, those historical structures are being moved and put into their new locations. A short video was shown.

Melanie Parvey-Biby, greenway coordinator, reported that several months ago the council approved a tree planting program and have had two individuals purchase trees to be planted in the greenway and would like to thank Angus Wall and Nancy Hadlick for their donations to the greenway, for others wishing to purchase a tree to donate, contact the greenway staff or at the website. She stated that the pedestrian bridges have been awarded to Swingen Construction and completion will be by 2006 and pedestrian bridges will have trail connections that will tie into the main trail system. Events coming up - Tour of the Trails is schedule for September 12 where guided tours will be made - had a great turnout for the UND Welcome Week, where had a 5-K walk/run.
Council Member Kerian asked if bike maps could be placed in bus shelters as a way to get information out as also walking trails and that she is working with the Park District.

Ms. Biby stated that a delegation from Winnipeg is planning to come to town next Monday and greenway staff planning to host them on a small tour of the greenway, they are part of a Red River Floodway Coalition Group that is interested in the efforts of Grand Forks and want to look at us as a model for the possibility of putting recreational trails along the floodway extension in Winnipeg, that a few of them visited us a couple weeks ago and excited about what we have to offer in our smaller community and encourage their community to do the same thing.

ADOPT ORDINANCE NO. 4025, RE. TRANSIENT
MERCHANT LICENSES

An ordinance entitled "An ordinance amending Sections 21-1201 and 21-1209 of the Grand Forks City Code relating to transient merchant licenses", which had been introduced and passed on its first reading on August 16, 2004, was presented and read for consideration on second reading and final passage.

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

ADOPT ORDINANCE NO. 4026, RE. ESTABLISHMENT
OF SPECIAL ALCOHOLIC BEVERAGE LICENSE FOR THE
ENGELSTAD ARENAS

An ordinance entitled "An ordinance amending Section 21-0205 of the Grand Forks City Code relating to the establishment of a special alcoholic beverage license for the Engelstad Arenas", which had been introduced and passed on its first reading on August 16, 2004, was presented and read for consideration on second reading and final passage.

President Gershman requested to be recused from voting on this issue. It was moved by Council Member Kerian and seconded by Council Member Kreun that President Gershman be recused from voting on this issue. Carried 6 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, Christensen, Kerian, Kreun - 6; voting "nay": none; President Gershman recused. President Gershman declared the ordinance adopted.

ADOPT ORDINANCE NO. 4027, RE. ALCOHOLIC BEVERAGE
CONTROL-HOURS AND TIMES OF SALE

An ordinance entitled "An ordinance amending Section 21-0221 of the Grand Forks City Code relating to alcoholic beverage control--hours and times of sale", which had been introduced and passed on its first reading on August 16, 2004, was presented and read for consideration on second reading and final passage.

President Gershman requested to be recused from voting on this issue. It was moved by Council Member Kreun and seconded by Council Member Glassheim that President Gershman be recused from voting on this issue. Carried 6 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, Christensen, Kerian, Kreun - 6; voting "nay": none; President Gershman recused. President Gershman declared the ordinance adopted.

ADOPT ORDINANCE NO. 4028, RELATING TO
SANITATION, WATER AND WASTEWATER USER
CHARGES, RATES AND FEES

An ordinance entitled "An ordinance amending sections of the Grand Forks City Code relating to sanitation, water, and wastewater user charges, rates and fees", which had been introduced and passed on its first reading on August 16, 2004, was presented and read for consideration on second reading and final passage.

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

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
WASTEWATER STORAGE BUILDING TO 950 N. 47TH STREET

The city auditor reported that the notice of public hearing on the application by the City of Grand Forks to move a building from 2302 State Mill Road to 950 North 47th Street (Public Works site) had been published and posted as required.

President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The staff report from the inspections division relating to public hearing for application to move the wastewater storage building (The Silver Garage) from 2302 State Mill Road to 950 North 47th Street (Public Works site), with recommendation to approve the moving permit for wastewater storage building.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that this recommendation be approved and that the City is authorized to relocate this building. Carried 7 votes affirmative.

ADOPT RESOLUTION VACATING UTILITY EASEMENT
IN LOT 1, BLOCK 4 OF REPLT OF BLOCK 4, FAIR-
GROUNDS SUBDIVISION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the 20-foot wide utility easement running east-west through Lot 1, Block 4 of the Replat of Block 4, Fairgrounds Subdivision, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.
President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that we determine an insufficiency of protest to the proposed vacation and introduce the following resolution which was presented and read: Document No. 8593 - Resolution.

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

ADOPT RESOLUTION VACATING DRAINAGE EASEMENTS
IN LOTS 3 AND 4, BLOCK 1 AND LOTS 3 AND 4, BLOCK 2,
SHADY RIDGE ESTATES SIXTH ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate two 30-foot wide easements lying 15-feet on each side of the line common to Lots 3 and 4, Block 1 and Lots 3 and 4, Block 2, Shady Ridge Estates Sixth Addition, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.

It was moved by Council Member Kerian and seconded by Council Member Kreun that we determine an insufficiency of protest to the proposed vacation and introduce the following resolution which was presented and read: Document No. 8594 - Resolution.

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

ADOPT RESOLUTION VACATING ALL OF NORTH 17TH
STREET FROM DYKE AVENUE SOUTH TO THE BNSF RAILROAD
R/W BETWEEN BLOCKS 32 AND 33, BUDGE & ESHELMAN'S
3RD ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of North 17th Street from Dyke Avenue south to the BNSF right of way between Blocks 32 and 33, Budge and Eshelman's 3rd Addition (located between 1623 and 1701 Dyke Avenue), the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.

It was moved by Council Member Kreun and seconded by Council Member Kerian that we determine an insufficiency of protest to the proposed vacation and introduce the following resolution which was presented and read: Document No. 8595 - Resolution.

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

ADOPT RESOLUTION VACATING SIDEWALK DESIGNATION
OF 20-FOOT WIDE EASEMENT LYING ON EACH SIDE OF
LOT LINE COMMON TO LOTS 7 AND 8, BLOCK 3, MIGHTY
ACRES SECOND ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the sidewalk designation of a 20-foot wide "drainage and sidewalk easement" lying 10 feet on each side of the lot line common to Lots 7 and 8, Block 3, Mighty Acres Second addition (located between 637 and 653 Evergreen Drive), the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.

President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.

It was moved by Council Member Kerian and seconded by Council Member Hamerlik that we determine an insufficiency of protest to the proposed vacation and introduce the following resolution which was presented and read: Document No. 8596 - Resolution.

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

ADOPT FINAL BUDGET FOR THE CITY OF GRAND
FORKS FOR 2005 AND ANNUAL TAX LEVY

The city auditor reported that a notice calling the attention of the general public to the fact that the final budget of the City of Grand Forks, North Dakota, for the year ending December 31, 2005 would be presented to the city council this evening at 7:00 o'clock p.m. at which time anyone interested might be heard, had been published as required; and presented the final budget of the City of Grand Forks for the period ending December 31, 2005.

The staff report from the city auditor and director of finance and administrative services relating to the 2005 final budget adoption, with recommendation to adopt the final budget for 2005, approve Annual Appropriation Bill and Tax Levy and certificate of Levy.

President Gershman opened the public hearing and asked for comments from the audience. There were no comments and the public hearing was closed.

It was moved by Council Member Brooks to approve the 2005 budget resolution and certificate of levy which is $12,585,775, with a proposed amendment to include Section 4 to the resolution, that the council undertake to develop a three year financial plan in conjunction with the 2006 budget process. Council Member Christensen seconded the motion.

Council Member Kerian asked if they would consider a three to five year financial plan; Council Members Brooks and Christensen agreed to change their motion to include a three to five year financial plan: Document No. 8597 - Resolution.

Council Member Glassheim stated that he would have several amendments to offer to the motion to return to taxpayers some of the increased property taxes that come from higher valuations and would like to offer four proposals which would give 1.7 mills back and asked that they second them for discussion purposes to explain to the public. The first proposal pertains to fees and licenses, that in the past five years inflation has increased by a minimum of 12%, that building permits, fees and liquor licenses have not been increased during that time and makes senses to make an interim raise, and moved that we increase the income from fees and licenses by $50,000 and that staff be requested to bring back reasonable proposal for us to accomplish that. Council Member Hamerlik seconded the motion.

President Gershman noted we are having technical difficulties and that the meeting is not on the air and will not have a tape to re-broadcast.

The city auditor stated that our valuation has gone up 8% this year and the reason we are using that funding this year is because what council has done over the last six years in trying to hold down the tax levy and the burden to taxpayers, that council over the last six years has reduced the operations mill levy of the city of Grand Forks by 21.65 mills, that after the flood had to add in 14 mills so during that time actually did a mill decrease of 9.14; the actual tax dollars including the 2005 valuation increase and the taxes generated by that tax increase, the actual tax dollars the city of Grand Forks, has gone up an average of 5% a year, that we had the flood and take that off and operational dollars from taxes have gone up an average of 2.8% per year- need to look at a larger picture. He stated on the raise of 5% on licenses and fees there is argument for Mr. Glassheim's comments on inflation, but it would be nice to review these to see how we fit in with other entities around the state to make sure we are competitive and if it is their desire to raise these fees his suggestions would be to lower the funding of the deficit of the $240,000 and only need $190,000 to do that, but still stay with his original recommendation to study it.

President Gershman stated he favored the studying of the fee schedules for licenses. Council Member Glassheim stated his suggestion was a minimum and to phase in fee increases slowly, and his purpose was to show that we can get additional revenue and that can be returned in 2005 year.

After further discussion and upon call for the question on the amendment to increase license fees and permit category by 5% for a potential $50,000 of revenue and reduce the mill levy by that, and upon voice vote, the motion failed on a vote of 2 to 5, Council Members Glassheim and Hamerlik voted in favor of the amendment.

Council Member Glassheim presented proposed amendment re. departmental cash carryover and to reduce savings department managers made between what was budgeted and what was spent, and moved to transfer $50,000 from departmental cash carryover to other budgeted expenditures in the general fund as determined by staff and thus reduce the mill levy by one-half mill. The motion died for lack of a second.

Council Member Glassheim presented proposed amendment re. dike repayment fund and because of the increase in valuations and new construction, the 14 mills set aside for repaying dike bonds will bring in about $1.38 million, $103,000 more in 2005 than last year, and this amount is about $180,000 more than is needed to make the annual bond payment, building up surplus in this account will allow the City to retire the bond perhaps 8 years ahead of schedule - that a permanent decrease of a half mill in this fund would take less than one-third of the surplus, still allowing for significant early payment and why would the people of Grand Forks want to pay more than is needed for the next decade in order to have no payments in the years 2014 to 2022, the dike project is huge long-range major project in the history of the city of Grand Forks and makes sense to have people who come here in 2015 and after to make some of the payments for the dike that will protect the city for a century or more; and moved to reduce the levy in Fund 3113 dike construction from 14 mills to 13.5 mills. The motion died for lack of a second.

Council Member Glassheim stated the last area is other funds and that because of the increase in valuations and new construction, the Public Library Fund is receiving $70,000 or 8% more than it got a year ago, lowering their mill by one-tenth of a mill would reduce their increase by $10,000, leaving a $60,000 or 7% increase over last year; and because of the automatic increase in value, the Airport gets an additional $34,000 or 8% over last year, lowering their mill by five one-hundredths would take away $5,000 leaving them with a 7% increase; Public Transportation received a $35,000 increase or 8%, lowering their mill by five hundredths would take away $5,000, leaving them with a 7% increase, and moved to reduce the Public Library Fund by one-tenth of a mill, Public Transportation by five one-hundredths of a mill, and the Airport by five one-hundredths of a mill. Council Member Brooks seconded the amendment.

Mr. Swanson stated that he does not believe that the city council has any authority to alter the mill as proposed by the Airport Authority, that they are for all practical purposes an independent governmental entirety over which you have no budgeting authority.

After further discussion Council Members Glassheim and Brooks deleted the Airport Authority from the motion.

The city auditor reported in the current budget can reduce the Library by one-tenth of a mill except for the fact that they are spending their cash balance down to zero, that with the Public Transit Fund each dollar you cut of our dollars relates to $1.00 from the State and $2.00 from the feds, so cutting Public Transit by more than just the mill levy and that is a Fund that is spending its balance down from $67,000 to $37,000.

Upon call for the question on the amendment and upon voice vote, the motion failed by a vote of 1 vote affirmative to 6 negative votes, Council Member Glassheim voted for the motion.

The city auditor read the original motion: " to adopt the resolution from 2005 budget and add a Section 4 - that the city council will undertake and do a 3 - 5 year financial planning process in conjunction with the 2006 budget.

Upon call for the question of adoption of the 2005 budget and the resolution and certificate of levy and upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Christensen, Kerian, Kreun, Gershman - 6; voting "nay": Council Member Glassheim - 1. President Gershman declared the motion carried and the budget adopted.

The city auditor congratulated the mayor and council, department heads and recognized Maureen Storstad from the finance department who did a lot of the work and coordinating it with departments, and she along with a lot of the staff in his office have done yeoman's work on this.

APPROVE APPLICATION FOR CLASS 3 (OFF-SALE AND/OR
ON-SALE BEER AND WINE LICENSE BY RIVER Q, LLC DBA
QDOBA MEXICAN GRILL, 3551 32ND AVENUE SOUTH

The staff report from the finance department relating to application for Class 3 (off-sale and/or on-sale beer and wine) license by River Q, LLC dba Qdoba Mexican Grill, 3551 32nd Avenue South, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and sign off by appropriate departments.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved.

President Gershman asked to be recused from voting on this matter. It was so moved by Council Member Brooks and seconded by Council Member Hamerlik. Carried 6 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; President Gershman recused from voting.

APPROVE RESOLUTIONS DIRECTING SPECIAL
ASSESSMENT COMMISSION TO ASSESS CERTAIN
PROJECTS ON ESTIMATED COST BASIS

The staff report from the finance department relating to directing Special Assessment Commission to assess special assessments on an estimated cost basis, with recommendation to direct that special assessments be levied for the payment of the entire cost of work, and that the city auditor be directed to so notify the chairman of the Special Assessment Commission:

Street Improvement Project 5319, District 89 - $134,630 - Document No. 8598 - Resolution.
Street Paving Project 5504, District 590 - $216,800 - Document No. 8599 - Resolution.
Sanitary Sewer Project 5650, District 428 - $238,820 - Document No. 8600 - Resolution.
Sanitary Sewer Project 5666, District 532 - $97,200 - Document No. 8601 - Resolution.
Watermain Project 5604, District 281 - $78,340 - Document No. 8602 - Resolution.
Watermain Project 5651, District 280 - $131,235 - Document No. 8603 - Resolution.
Watermain Project 5667, District 282 - $39,497 - Document No. 8604 - Resolution.
Storm Sewer Project 5668, District 433 - $79,000 - Document No. 8605 - Resolution.
Lift Station Project 5456, District 416 (Lift Station #89) - $585,853 - Document No. 8606 - Resolution.

Council Member Kerian introduced the resolutions certifying the total cost of the projects with estimated costs and directed that the special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which resolutions were presented and read.

It was moved by Council Member Kerian and seconded by Council Member Kreun that these resolutions be adopted. Carried 7 votes affirmative.

APPROVE EMERGENCY MANAGEMENT JOINT
POWERS AGREEMENT

The staff report from the administrative coordinator relating to emergency management joint powers agreement, with recommendation for approval for the renewal of the Joint Power Agreement for the Emergency Management Program.

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

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT AND ACCEPT ENGINEER'S REPORT FOR SEWER
PROJECT NO. 5150.1, DISTRICT NO. 409.1

The staff report from the engineering department relating to creation of special assessment district for Project No. 5150.1, District No. 409.1, storm sewer on South 38th Street from 36th Avenue South to the Southend Drainway, with recommendation to approve engineer's report, create special assessment district and approve final cost for Project No. 5150.1, District No. 409.1, and that we declare intent to sell bonds to finance these improvements.

Council Member Kerian introduced the following resolution creating the assessment district, which was presented and read: Document No. 8607 - Resolution.

The city auditor presented and read the engineer's report on Sewer Project No. 5150.1, District No. 409.1: Document No. 8608 - Report.

It was moved by Council Member Kerian and seconded by Council Member Kreun that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report for Sewer Project No. 5150.1, District No. 409.1 be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried and the report and resolution adopted.

APPROVE FINAL CERTIFICATION OF INFRASTRUCTURE
CONNECTION FEES (TAPPING) FOR WATERMAIN PROJECT
NO. 4708

The staff report from the engineering department relating to final certification of infrastructure connection fees (tapping) for Project No. 4708, watermain on 17th Avenue from 34th Street to the Industrial Park, with recommendation to approve final certification of connection fees for Project No. 4708.

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

APPROVE FINAL CERTIFICATION OF INFRASTRUCTURE
CONNECTION FEES (TAPPING) FOR SEWER PROJECT NO. 4463

The staff report from the engineering department relating to final certification of infrastructure connection fees (tapping) for Project No. 4463, storm sewer on South 42nd Street from DeMers Avenue to 17th Avenue South, with recommendation to approve final certification of connection fees for Project No. 4463.

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

AWARD CONTRACT FOR PROJECT NO. 4948, RESIDUALS
STORAGE PONDS SLOPE PROTECTION PROJECT

The staff report from the engineering department relating to bids for Project No. 4948.7, Residuals Storage Ponds Slope Protection Project, with recommendation to award contract to the lowest responsible bidder, Gowan Construction, Inc. in the amount of $198,655.00, contingent upon approval by the North Dakota Department of Health.

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

INTRODUCE ORDINANCE RELATING TO ADOPTION OF
BUILDING, FIRE, MECHANICAL, ELECTRICAL AND PLUMBING
CODES

The staff report from inspections division and fire department relating to the request from the Building Inspections Division and Fire Department for an ordinance to amend Sections 19-0101 through 19-0519 and Article 2, Section 12-0201 of the Grand Forks City Code relating to the adoption of the Building, Fire, Mechanical, Electrical and Plumbing Codes, with recommendation for first reading, and second reading and approval of the ordinance on September 20, 2004.

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

Council Member Brooks introduced an ordinance entitled "An ordinance amending Section 12-0201 of the Grand Forks City Code relating to adoption of the International Fire Code, 2003 Edition; enacting Section 12-0202 relating to penalties; amending Section 19-0101 relating to adoption of the International Building Code; amending Section 19-0121 relating to adoption of the International Residential Code; enacting Section 19-0122 relating to penalties; amending Section 19-0208 relating to adoption of the National Electrical Code; amending Section 19-0209 relating to inspector's authority; amending Section 19-0210 relating to plans required; amending Section 19-0224 relating to penalties; amending Section 19-0325 relating to adoption of the North Dakota Sewer and Water Service Code; amending and re-enacting Section 19-0326 relating to adoption of the 2000 State Plumbing Code; amending Section 19-0340 relating to violations and penalties; amending Section 19-0515 relating to adoption of the International Mechanical Code; amending Section 19-0517 relating to adoption of the International Fuel Gas Code; enacting Section 19-0518 relating to validity and enacting Section 19-0519 relating to penalties", which was presented, read and passed on its first reading.

APPROVE SOLE SOURCE BID FOR ADVANCED ROBOTIC
EQUIPMENT

The staff report from the Grand Forks police department relating to sole source bid request, with recommendation for approval of sole source bid for advanced robotic equipment.

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

APPROVE PURCHASE CARD POLICY AND PROCEDURES

The staff report from the finance and administrative services director relating to credit card policy and procedures, with recommendation for approval of the credit card policy and procedures with title change to purchase card policy and procedures.

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

APPROVE APPLICATIONS FOR TRANSFER OF CLASS I
(GENERAL ON/OFF SALE ALCOHOLIC BEVERAGES)
LICENSES BY LPO, INC. AT 10 NORTH 3RD STREET AND AT
9 NORTH 3RD STREET

The staff report from the finance department relating to application for transfer of Class 1 (General On/Off Sale Alcoholic Beverages) license by LPO, Inc., 10 North 3rd Street and transfer of Class 1 (General On/Off Sale Alcoholic Beverages) license by LPO, Inc., 9 North 3rd Street, with recommendation to approve issuance of the transfer of licenses contingent upon the approval of the city attorney and sign off by appropriate departments.

Council Member Brooks stated that when the information was sent out to them, that there was no recommendation from the city attorney. Mr. Swanson stated as in the case of all applications for alcoholic beverage licenses, they come to his office after they have been reviewed by the police department, his office reviews both the police department's information as it relates to criminal background, criminal records and if unusual reports or incidents from the premises they will be included, and also review to determine that the applicant is current on real estate taxes and fees to the city and in the case of a transfer, it requires a review of both the transferor and the transferee, review application forms to make sure it is complete and in this case, believes the application is in order; and that their review is independent as the City and a similar review is undertaken by the Attorney General's Office.

It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved.

President Gershman asked to be recused from voting on this item, and it was so moved by Council Members Brooks and Hamerlik. Carried 6 votes affirmative.

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

APPROVE FUNDING FOR WORLD JR. HOCKEY
TOURNAMENT SERVICES AND ALERUS CONCERT/
EVENT FUND

The staff report from the mayor's office relating to the World Jr. Hockey Tournament Services and Alerus Concert Fund, with recommendation to authorize the mayor to spend up to $200,000 for services and materials related to the World Jr. Hockey Event and allocate $100,000 to the Alerus Commission to establish a Concert Fund for the Alerus Center, utilizing the funds budgeted in the 2004 budget for marketing related to the Canad Inn Hotel and Entertainment Development.

Council Member Brooks moved to approve the motion with an amendment to change the word concert to event; seconded by Council Member Kreun.

Council Member Hamerlik stated in earlier discussion there was to be a slash put between concert/event and that was the intent.

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

APPROVE AMENDMENT TO CONSTRUCTION PHASE
ENGINEERING CONTRACT FOR PROJECT NO. 5382, TCSP
GREENWAY TRAIL ENHANCEDMENT

The staff report from the engineering department relating to amendment to construction phase engineering contract with Webster, Foster & Weston for Project No. 5382, TCSP Greenway Trail
Enhancement, with recommendation to approve amendment to construction phase engineering contract for Project No. 5381, contingent upon concurrence by the North Dakota Department of Transportation.

Council Member Christensen moved to approve the recommendation but to have the city attorney review the contracts and take those steps which are necessary as he deems appropriate to either commence litigation or do what he can to collect the money which we are spending in addition to the contract. Council Member Brooks seconded the motion.

Council Member Hamerlik asked the city attorney if it reflects negatively if we advance it or pay it now and try to collect it later. Mr. Swanson stated no, the payment is actually to the engineering firm for engineering services, any recovery action would be against the contractor.

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

ACCEPT DOWNTOWN STUDY GROUP REPORT

The staff report from urban development relating to Downtown Study Group Report, with recommendation to accept the Downtown Study Group's final report, and adopt the mission statement and approve the recommendations contained therein.

It was moved by Council Member Kerian and seconded by Council Member Christensen that the recommendation be approved. Carried 6 votes affirmative; Council Member Brooks voting against the motion.

APPROVE BILL LISTING AND ESTIMATE SUMMARIES

Vendor Payment Listing No. 04-17, dated September 3, 2004, totaling $1,470,594.22. and Estimate Summaries in the amounts of $2,853,069.22 and $37,706.00, were presented and read.
It was moved by Council Member Kerian and seconded by Council Member Glassheim 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, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried and the bills and estimates ordered paid.

APPROVE MINUTES AUGUST 16, 2004

Typewritten copies of the minutes of the city council meeting held on Monday, August 16, 2004 were presented and read. It was moved by Council Member Christensen and seconded by Council Member Glassheim that the minutes be approved as read. Carried 7 votes affirmative.

MAYOR AND COUNCIL COMMENTS

1) Council Member Hamerlik reported that the State League of Cities meetings are due in about 10 days, September 23-25 in Bismarck. Pete Haga stated he will solicit the council re. attendance.

He stated in the last several months he has received an increasing number of concerns/complaints about the sale of houses in his ward and also in Ward 1, that people are buying property for an investment but up to 9 single individuals living in those facilities, each has a car - lot of things don't have control over but should have concern that these are houses from $70,000 to $85-90,000 and where is affordable housing going, not for family housing - number of calls re. loudness, parties - also complaints that the area is getting run down - have to be concerned about our aesthetics - area from Coulee to 20th Street and between the RR tracks, Dyke Avenue and Gateway Drive - that we should have something re. number of people in a building, number of cars - there was an article in Fargo's newspaper re. co-existence and people living there as families and what is happening in the community around them - that about 15 to 20 sales in the last few months - that we need to take a look so that neighborhoods don't deteriorate, yet help with housing with these people, and have affordable housing - lot of concerned citizens out there.

Council Member Kreun stated that this is nation-wide scenario and individuals having family member enroll in an institution like UND or NDSU and are purchasing a home to off-set that cost and making it into a rental unit - that in the area Council Member Hamerlik is speaking of is an R-2 Zone which allows taking a home and converting it into a duplex and then can have 4 people living in each unit so would get 8 unrelated individuals living in that residence as a duplex or rental unit - off-street parking which is a concern, has to have two separate heating and cooling units - all of those concerns were brought forward at last week's meeting; that Inspections was going to follow through to make sure that all these conditions were being met but that doesn't answer the problem because it can still be brought into a duplex type scenario in a family residence area. He stated their suggestion was that the people, assisted by the Planning Department, designate an area and return that to an R-1 Zone but wouldn't preclude those already there because would be grandfathered in but would reduce the chance of it continuing to happen. He stated if had an ad hoc committee to help the citizens and to work with the Planning Department as well - it is a problem and takes away our entry-level homes and creates problems in the neighborhoods that are already established and then have some restriction on what you can rent and restrict the number of non-blood relatives that can live in a home.

Council Member Hamerlik stated this body through a task force should be working with community. Council Member Kreun stated residents would have to go out and get the signatures and Commission would be happy to work with any group from council, etc.

Council Member Christensen stated there is section in the NDCC that deals with zoning and with board of adjustments and part that deals with planning commissions, that this is an issue of zoning not an issue of planning and if it is an R-2 and should become an R-1 we should explore that as there are pitfalls when change from an R-2 to an R-1, but is generally grandfathering in how inventive people can be to preserve their status and lease their properties; and it occurs that one of the things they might want to discuss so don't have this issue facing other wards is a moratorium -

PRESIDENT GERSHMAN RELINQUISED CHAIR, VICE
PRESIDENT HAMERLIK PRESIDING

but have to think fast and out of the box, that more problems in Wards 1 and 2 are going to materialize and not preserving the residential character of those neighborhoods and now is time to start the zoning review. He noted that rules for planning and zoning were put in place 20-25 years ago and don't fit for future development of our community.

Vice President Hamerlik asked Mr. Duquette and Mr. Haga to proceed and talk to the Mayor to see how we can proceed with this.

VICE PRESIDENT HAMERLIK RELINQUISHED CHAIR,
PRESIDENT GERSHMAN PRESIDING

2) Council Member Christensen stated that when they started this council four years ago, a mill was bringing in $63,000 and now $96,000, something everyone has done, that we have built a city from disaster and now our job to husband some of the monies that are coming in and redirect those monies, that we have some capital needs and we are in for an interesting period in next 6 to 9 months as explore our 2006 budget. He stated that we have to examine planning and zoning to guide us for future years and have some heavy lifting to do in this year and most of next year.

3) Council Member Kerian stated that Planning and Zoning Commission is interested in moving ahead and looking at a land use plan and interest in different aspects of this whole picture and council and planning and zoning can work together on this.

4) Mr. Swanson, city attorney, stated that the application for zoning approval for the landfill on Turtle River Township is moving forward, the County Planning and Zoning is going to consider that next week at their meeting on September 14 and the Township Board has set their hearing for December 2 and 3,

5) President Gershman stated he is impressed with the Green Mill opening at Fire Island temporarily, smart business move but compassionate for their help and commends management and ownership of Green Mill for what they are doing.

He stated they worked with the mayor last week in developing the planning meetings starting on September 29, every two weeks and continue after the first of the year.

ADJOURN

It was moved by Council Member Brooks and seconded by Council Member Kerian to adjourn. Carried 7 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
_______________________________
Michael R. Brown, Mayor