City of Grand Forks, North Dakota

Employment - City Directory - Contact Us

PROCEEDINGS OF THE CITY COUNCIL

OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 16, 2005

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 16, 2005 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; absent: Council Member Brooks - 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 commented on various events during the past week and upcoming events:
He stated that had received some news last week re. the Base and as city still have John Marshall in control and his job is to continue to keep the Base open and the tankers here and thanked him for his time and leadership and also to thank Senator Conrad, Senator Dorgan, Congressman Pomeroy and Governor Hoeven and all the local people, i.e., Military Affairs Committee for all the work they do, that this is not over and must stay focused on the fight; and come out with couple positives for our community, Cirrus expansion and the Abilene and Spaatz trophies for Base showing community support and excellence in the Wing, reported lower cost of living for the most recent quarter and listed as one of Forbes Magazine's top places to do business.
He stated this is National Bike Week, and congratulated to Officer Lavonne Nelson for strong second place finish in their race today, he edged her out in race from Altru to City Hall, and that he was in a car and she was on a bike - biking to work is a great idea.
He thanked General Haugen for coming to Grand Forks to recognize the National Guard employers for what they do to help our nation's security
He stated he had the pleasure to attend the 4th Grade Essay Contest called "My Favorite Older American" sponsored by the Service Providers for Seniors and that some of the award winners are here tonight: Erica Galloway and Kristen Kenyon read their essays.

ADOPT ORDINANCE NO. 4052, RELATING TO STORM
SEWER SERVICE CHARGES

An ordinance entitled "An ordinance amending Section 15-0117.1 of the Grand Forks City Code relating to storm sewer service charges", which had been introduced and passed on its first reading on May 2, 2005, 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 city engineer relating to the amendments to Section 15-017.1 of the Grand Forks City Code relating to storm sewer service charges, with recommendation re. second reading and approval of the amended City Code Section 15-0117.1.

It was moved by Council Member Gershman and seconded by Council Member Christensen that this recommendation be approved. 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 Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4053, ANNEXING PARTS
OF NE QUARTER OF SE QUARTER OF SECTION 21,
T151N, R50W OF 5TH P.M.

An ordinance entitled "An ordinance to annex all that part of the Northeast Quarter of the Southeast Quarter and the south 190 feet of the west 754.24 feet of the Southeast Quarter of the Northeast Quarter of Section 21, Township 151 North, Range 50 West of the Fifth Principal Meridian, not previously annexed to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

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

ADOPT ORDINANCE NO. 4054, ANNEXING PARTS OF
SE QUARTER OF NE QUARTER OF SECTION 27 AND PARTS
OF SW QUARTER OF NW QUARTER OF SECTION 26, T151N,
R50W OF 5TH P.M.

An ordinance entitled "An ordinance to annex all that part of the Southeast Quarter of the Northeast Quarter of Section 27, Township 151 North, Range 50 West of the Fifth Principal Meridian and all that part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 151 North, Range 50 West of the Fifth Principal Meridian (except lands previously annexed to the city of Grand Forks, North Dakota)", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

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

APPROVE FINAL PLAT; AND ADOPT ORDINANCE
NO. 4055, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF COUNTRYVIEW THIRD RESUBDIVISION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Countryview Third Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy city auditor reported that the required legal notice had been published calling for a public hearing this evening, and that to date no protests or grievances had been filed with her office.

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

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd on behalf of Country Development LLP for final approval of the plat of Countryview Third Resubdivision to the city of Grand Forks, ND (loc. north of Adams Drive and east of Belmont Road), with recommendation to give final approval of the plat subject to conditions shown or attached to the review copy, including final approval of an ordinance amending the Street and Highway Plan.

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

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

ADOPT ORDINANCE NO. 4056, AMENDING ZONING
MAP TO INCLUDE WITHIN R-1 (SINGLE FAMILY
RESIDENCE) DISTRRICT LOTS 1 THROUGH 9, BLOCK 1,
COUNTRYVIEW THIRD RESUBDIVISION

An ordinance entitled "An ordinance amending the zoning map; of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the R-1 (Single Family Residence) District all of Countryview Third Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her office.

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

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Country Development LLP for final approval of an ordinance to amend the zoning map to exclude from the A-2 (Agricultural Reserve) District and to include within the R-1 (Single Family Residence) District for all of Countryview Third Resubdivision (located in the 5400 block of Belmont Road), with recommendation to include within the R-1 (Single Family Residence) Districts Lots 1 through 9, Block 1, Countryview Third Resubdivision and give final approval to the ordinance.

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

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Member Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4057, AMENDING THE ZONING
MAP TO INCLUDE WITHIN THE SOUTHERN ESTATES PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, AMENDMENT NO. 4, ALL OF COLUBIA PARK 24TH
AND 26TH ADDITIONS, COLUMBIA PARK 29TH RESUBDIVISIION,
ALL OF SOUTHERN ESTATES FIRST, SECOND, THIRD AND
FOURTH ADDITIONS, AND ALSO INCLUDING UNPLATTED
PORTION OF THE SOUTH HALF OF SECTION 21, T151N,
R50W OF THE 5TH PRINCIPAL MERIDIAN

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3 and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, all of Columbia Park 24th and 26th Additions, Columbia Park 29th Resubdivision, all of Southern Estates First, Second, Third and Fourth Additions to the city of Grand Forks, North Dakota, and also including unplatted portion of the South Half of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her office.

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Southern Estates LLP for final approval of an ordinance to amend the zoning map to exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, all of Columbia Park 24th and 26th Additions, Columbia Park 29th Resubdivision, all of Southern Estates First, Second, Third and Fourth Additions to the city of Grand Forks, North Dakota, and also to include unplatted portions of the South Half of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian (located east of Columbia Road between 36th Avenue South and 47th Avenue South), with recommendation to give final approval to the ordinance, subject to conditions shown on or attached to the review copy.

It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4058, AMENDING ZONING
MAP TO INCLUDE WITHIN R-2 (ONE AND TWO FAMILY
RESIDENCE) DISTRICT LOTS 11 AND 12, BLOCK 9,
WESTACOTT'S ADDITION

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota to rezone and exclude from the B-2 (General Business) District and to include within the R-2 (One and Two Family Residence) District Lots 11 and 12, Block 9, Westacott's Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been scheduled for this evening was presented and read for consideration on second reading and final passage.

The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The staff report from the Planning and Zoning Commission relating to the request from Greg Opp on behalf of Roadrunner Investment LLC for final approval of an ordinance to amend the zoning map to exclude from the B-3 (General Business) District and to include within the R-2 (One and Two Family Residence) District Lots 11 and 12, Block 9, Westacott's Addition to the city of Grand Forks, North Dakota (located at 1734 12th Avenue North), with recommendation to give final approval to the ordinance.

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

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

CONTINUE FINAL APPROVAL OF PLAT AND PUBLIC
HEARING AND SECOND READING OF ORDINANCE
RELATING TO AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF COTTAGE HOMES ADDITION TO JUNE 20, 2005

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 Cottage Homes Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration of second reading.
The staff report from the Planning Department relating to the request from Steve Swanson, Advanced Engineering on behalf of Cottage Homesteads of America, Inc. for final approval of the plat of Cottage Homes Addition to the city of Grand Forks, ND (located west of South Washington Street between 40th and 44th Avenues South), with recommendation to table final consideration of the plat until June 20, 2005.

It was moved by Council Member Kreun and seconded by Council Member Gershman that this recommendation be approved and that public hearing and seconded reading of the ordinance be continued to June 20, 2005. Carried 6 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE AMENDING ZONING MAP TO INCLUDE
WITHIN COTTAGE HOMES ADDITION PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, ALL OF
COTTAGE HOMES ADDITION TO JUNE 20, 2005

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the Cottage Homes Addition PUD (Planned Unit Development), Concept Development Plan, all of Cottage Homes Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The staff report from the Planning Department relating to the request from Steven Swanson, Advanced
Engineering on behalf of Cottage Homesteads of America, Inc. for final approval of an ordinance to amend the zoning map to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the Cottage Homes Addition PUD (Planned Unit Development), Concept Development Plan, all of Cottage Homes Addition (located west of South Washington Street between 40th Avenue South and 44th Avenue South), with recommendation to table final consideration of the rezoning of Cottage Homes Addition, Concept Development Plan, until June 20, 2005.

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

ADOPT ORDINANCE NO. 4059, AMENDING ZONING MAP TO
INCLUDE WITHIN B-1 (LIMITED BUSINESS) DISTRICT LOTS
B, C AND 8, BLOCK 51, ALEXANDER AND IVES ADDITION

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota to rezone and exclude from the B-3 (General Business) District and to include within the B-1 (Limited Business) District, Lots B, C and 8, Block 51, Alexander and Ives Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date no protests or grievances had been filed with her office.

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

The staff report from the Planning and Zoning Commission relating to request from Red River Valley Community Action on behalf of Clyde Varnson for final approval of an ordinance to amend the zoning map to rezone and exclude from the B-3 (General Business) District and to include within the B-1 (Limited Business) District Lots B, C, and 8, Block 51, Alexander and Ives Addition to the city of Grand Forks, ND (located at 1015-1021 North 5th Street), with recommendation to give final approval to the ordinance.

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

Council Member Christensen asked what the proposed use was for this property. A representative of Red River Valley Community Action is to build a permanent housing structure for homeless families and their children and place for them to go to become more self-sufficient and land had to be rezoned to allow them to build the structure (3rd Street Clinic is on the north side and a construction company is across from them). Mr. Potter, city planer, reported that the entire area is zoned B-3 for general business/commercial which does not allow residential use, that normally would zone this B-4 but by putting this in B-1, you can do R-4 uses which proponent wants to do and from planning standpoint looks cleaner to have B-1 and B-3 in the same area.

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

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

CONTINUE FINAL APPROVAL OF PLAT AND PUBLIC
HEARING AND SECOND READING OF ORDINANCE
RELATING TO AMENDING STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF REAL PRESENCE RADIO ADDITION TO JUNE 20, 2005

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 Real Presence Radio Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 18, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration of second reading.

The staff report from the Planning Department relating to the request from Advanced Engineering, Inc. on behalf of Lois Maier for final approval of the plat of Real Presence Radio Addition to the city of Grand Forks, ND (located at DeMers Avenue and South 69th Street), including a variance from Section 18-0907(2)(L) of the Land Development code relating to access onto minor arterials, with recommendation to table final consideration until June 20, 2005.

It was moved by Council Member Kreun and seconded by Council Member Gershman that this recommendation be approved and that public hearing and seconded reading of the ordinance be continued to June 20, 2005. Carried 6 votes affirmative.
ADOPT ORDINANCE NO. 4060, RELATING TO TAXICABS
- FARES - RATE ZONES, METERS

An ordinance entitled "An ordinance amending Section 21-0311(3) of the Grand Forks City Code relating to taxicabs - fares; rate zones, meters", which had been introduced and passed on its first reading on May 2, 2005, and 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 the following voted "aye": Council Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 606, PROJECT NO. 5672; AND AWARD
CONTRACT

The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 606, Project No. 5672, paving on 55th Avenue South from Belmont Road to Cherry Street, had expired on April 28, 2005 and that written protests had been received from 2.8% of the area of the assessment district.

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

Council Member Glassheim introduced the following resolution as to protests, which was presented and read: Document No. 8699 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Paving District No. 606, Project No. 5672, as only 2.8% of the district filed protests, and that the resolution be adopted. Carried 6 votes affirmative.

The deputy city auditor presented and read the tabulation of bids which had been received and opened for Paving Project No. 5672, District No. 606, indicating that Strata Corporation, was the low bidder based upon their bid in the amount of $990,702.44.

The city engineer's estimate of total cost on Paving Project No. 5672, District No. 606, in the amount of
$990,703.55, was presented and read.

The staff report from the engineering department relating to bids for Project No. 5672, District No. 606, paving 55th Avenue South (Belmont Road to Cherry Street), with recommendation to award contract to low bidder Strata Corporation in the amount of $919,700.85, contingent upon concurrence by the North Dakota Department of Transportation.

Council Member Christensen stated that the special assessment district was established by earlier resolution of this council and that 6 protests were filed by homeowners who live on Chestnut Street and do not have enough protests to protest this out because of the size of the district but they have indicated that they have paid for their access both to the north and the street itself, and asked what they could do to change the size of the district so exclude the homes on both sides of Chestnut and Belmont from this special assessment district; and that the policy is to pay for frontage and sideage and after that paying for another street and a lot of it is for the benefit of the new subdivision and the rest of it for a future assessment district, and their specials are in the area of $4500.00 per home. Mr. Swanson stated that to defeat the action previously taken by the city council with regard to establishment of a special assessment district would be to reject the bids and send back to the engineering department for creation of a new map and come back through council, a complete new process with establishing a district and going through creation of plans and specifications and advertising.

Mr. Grasser, city engineer, stated they are using DOT money to pay for a large percentage of the roadway and storm sewer that has been bid through the DOT and if taking this out past 30 days the bids would be void and would take us out of the construction season for this year and not sure where it puts us for accessing federal funding again. Council Member Christensen stated this only has to do with 55th Avenue which is close to an arterial and there are homeowners who have protested it who have given rather valid reasons and deviating from policy and have people with no access to 55th on Belmont who are included in the district and questions why they would even pay any part of this road and wouldn't want to reconsider what we have done. He moved that we not create the special assessment district for Paving District 606 and 609. Mr. Swanson stated what is before council is award of the bids and if do not want to move forward with the project on either a) or b), motion would be to reject the bids.

Council Member Christensen moved to reject the bids for Projects Nos. 5672 and 5787 and approve the balance of the projects. The motion died for lack of a second.

It was moved by Council Member Glassheim and seconded by Council Member Gershman that this recommendation be approved and the resolution awarding the bid was presented and read: Document No. 8670 - Resolution. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Kerian, Kreun - 5; voting "nay": Council Member Christensen - 1. Mayor Brown declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 609, PROJECT NO. 5787; AND AWARD
CONTRACT

The deputy city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 609, Project No. 5787, paving on Chestnut Street from 55th Avenue South to the south property line of Lot 10 of Julien's Subdivision No. 2.

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

Council Member Glassheim introduced the following resolution as to protests, which was presented and read: Document No. 8701 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Paving District No. 609, Project No. 5787 as no protests were filed, and that the resolution be adopted. Carried 6 votes affirmative.

The deputy city auditor presented and read the tabulation of bids which had been received and opened for Paving Project No. 5787, District No. 609, indicating that Aggregate Industries, North Central Region, was the low bidder based upon their bid in the amount of $32,609.50.

The city engineer's estimate of total cost on Paving Project No. 5787, District No. 609, in the amount of
$37,055.00 , was presented and read.

The staff report from the engineering department relating to bids for Project No. 5787, District No. 609, paving Chestnut Street (5400 block), with recommendation to award contract to low bidder Aggregate Industries, North Central Region, in the amount of $32,609.50, contingent upon concurrence by the North Dakota Department of Transportation.

It was moved by Council Member Glassheim and seconded by Council Member Gershman that this recommendation be approved and the resolution awarding the bid was presented and read: Document No. 8702 - Resolution Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Kerian, Kreun - 5; voting "nay": Council Member Christensen - 1. Mayor Brown declared the resolution adopted and the contract awarded.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 149, PROJECT NO. 5794

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 149, Project No. 5794, street lighting on Curran Court from 48th Avenue South to Lot 30, Block 3, Southbrook 1st Addition, 48th Avenue South from South Washington Street to 850 feet west of South Washington Street, and on 49th Avenue South between east and west sections of Curran Court, had expired on April 28, 2005, and that no written protests were filed.

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

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8703 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Street Lighting District No. 149, Project No. 5794, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 150, PROJECT NO. 5795

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 150, Project No. 5795, street lighting on Pembrooke Drive from South 20th Street to 150 feet west of Brookshire Drive, on Brookshire Drive from Pembrooke Drive to 40th Avenue South, on Pendleton Drive from Pembrooke Drive to 40th Avenue South, had expired on April 28, 2005, and that no written protests were filed.

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

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8704 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Street Lighting District No. 150, Project No. 5795, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 151, PROJECT NO. 5796

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 151, Project No. 5796, street lighting on 8th Avenue North from North 53rd Street to North 55th Street, and on Promenade Court, south of 8th Avenue North, had expired on April 28, 2005, and that no written protests were filed.

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

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8705 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Street Lighting District No. 151, Project No. 5796, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 152, PROJECT NO. 5797

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 152, Project No. 5797, street lighting on Lydia Circle (north of 18th Avenue South), had expired on April 28, 2005, and that no written protests were filed.

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

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8706 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Street Lighting District No. 152, Project No. 5797, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 154, PROJECT NO. 5799

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 154, Project No. 5799, street lighting in Sertoma Park, had expired on April 28, 2005, and that no written protests were filed.

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

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8707 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Street Lighting District No. 154, Project No. 5799, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 155, PROJECT NO. 5800

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 155, Project No. 5800, street lighting in University Park, had expired on April 28, 2005, and that no written protests were filed.

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

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8708 - Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Street Lighting District No. 155, Project No. 5800, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

DETERMINE INSUFFICIENCY OF PROTEST ON STREET
LIGHTING DISTRICT NO. 156, PROJECT NO. 5801

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Lighting District No. 156, Project No. 5801, street lighting in Optimist Park, had expired on April 28, 2005, and that no written protests were filed.

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

Council Member Glassheim introduced the following resolution as to protests which was presented and read: Document No. 8709 Resolution.

It was moved by Council Member Glassheim and seconded by Council Member Gershman that we find and determine an insufficiency of protest against Street Lighting District No. 156, Project No. 5801, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATE OF TOTAL
COST, AND AWARD CONTRACT, STREET LIGHTING
PROJECTS

The deputy city auditor presented and read tabulation of bids which had been received for street lighting projects in various areas of the city, indicating that RBB Electric was the low bidder based upon their bid in the total amount of $122,298.96.

The city engineer's estimates of total cost on the following projects were presented and read: Project No.5794, District No. 149, in the amount of $33,800.00; on Project No. 5795, District No. 150, in the amount of $22,850.00; on Project No. 5796, District No. 151, in the amount of $18,900.00; on Project No. 5797, District No. 152, in the amount of $4,900.00; on Project No. 5799, District No. 154, in the amount of $21,400.00; on Project No. 5800, District No. 155, in the amount of $23,500.00; and on Project No. 5801, District No. 156, in the amount of $30,200.00.

The staff report from the engineering department relating to consideration of bids for Project No. 5794, District No. 149, street lighting in Southbrook Addition, Phase 2; Project No. 5795, District No. 150, street lighting in Columbia Park 29th Resubdivision, Phase 2; Project No. 5796, District No. 151, street lighting in Promenade 1st Addition and 2nd Resubdivision; Project No. 5797, District No. 152, street lighting in Lydia Circle; Project No. 5799, District No. 154, walkway lighting in Sertoma Park; Project No. 5800, District No. 155, walkway lighting in University Park, Project No. 5801, District No. 156, street lighting in Optimist Park; with recommendation to award contract to low bidder, RBB Electric in the amount of $122,298.96.

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

Council Member Glassheim introduced the following resolution which was presented and read: Document No. 8710 - Resolution.

It was moved by Council Member Glassheim and seconded by Council member Gershman that this resolution awarding the contracts for Street Lighting projects to RBB Electric, Inc. be adopted. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

ADOPT RESOLUTION RESTRUCTURING SLUG's IN
1997 ALERUS BOND ESCROW ACCOUNT

The staff report from the finance department relating to restructuring SLUGs held in 1997 Alerus Bond Escrow Account, with recommendation to adopt resolution authorizing staff to restructure SLUGs in the Alerus bonds escrow account.

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

Council Member Christensen introduced the resolution which was presented and read: Document No. 8711 - Resolution.

It was moved by Council Member Christensen and seconded by Council Member Kerian that the recommendation and the resolution be approved. Carried 6 votes affirmative.

ADOPT APPLICATION FOR CLASS 1 ALCOHOLIC
BEVERAGE LICENSE AT 1503 N. WASHINGTON STREET

The staff report from the city auditor relating to application for Class 1 (General On and Off Sale) alcoholic beverage license by MTR, Inc. dba Broken Drum 1503 North Washington Street, with recommendation to approve issuance of the license contingent upon the approval and sign off by appropriate departments (fire, health and inspections).

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

Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Hamerlik and Glassheim. Carried 5 votes affirmative.

Upon call for the question of adoption of the application and upon voice vote, the motion carried 5 votes affirmative; Council Member Gershman recused.

ADOPT RESOLUTION IN SUPPORT OF DRU'S LAW

The staff report from Council Member Gershman relating to resolution in support of Dru's Law, with recommendation to approve the resolution.

Council Member Gershman asked that upon approval by the council that the resolution be sent to Senator Dorgan for use in his deliberations.

Council Member Gershman introduced a resolution that was presented and read: Document No. 8712 - Resolution.

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

REFER MATTER OF SMOKE-FREE WORKPLACE
ORDINANCE TO COMMITTEE OF THE WHOLE

The staff report from Council Member Kerian relating to smoke-free workplace ordinance, with recommendation to introduce for first reading and preliminary approval of an ordinance relating to smoking in public places.

Howard Swanson, city attorney, stated that at the request of Council Member Kerian he had re-drafted the ordinance that had been presented to council and it was noted that Senate Bill 2300 was working its way through the legislature and has now been passed and signed by the Governor following action by a conference committee. The draft that was distributed to council late last week incorporates all of the definitions that were contained in Senate Bill 2300, in some cases he substituted outright the State definition and in some modified the draft to include or incorporate State language. The other substantive provisions that are contained within this draft that were not contained previously is an exemption for bars, also some exemptions that were contained in Senate Bill 2300, there are some differences, the definition of a bar in our code is more restrictive than the definition under State law, this draft does not allow smoking in truck stops, this draft gives greater authority to different departments within the City for prosecution, does not have to be prosecuted by law enforcement, is primarily set up as a code enforcement matter similar to some of our other tobacco regulations. There is an exclusion for tobacco stores.

Several members of the city council noted that the re-drafted ordinance had been distributed to members of the city council, mayor and department heads, however it had not been made available to the public and whether the proposed ordinance should be referred to the committee of the whole so that the public and council could review the ordinance. Mr. Swanson advised that it is for council to decide on how they would want to proceed.

Council Member Kerian stated the ordinance is similar enough and been out there as much as any ordinance and not new, and moved ordinance for first reading; Council Member Glassheim seconded the motion for introduction.

Council Member Hamerlik stated that the Mayor had appointed a committee to work with East Grand Forks and were to discuss with this particular topic but also closing time, and for us to pass something prior to that could be considered not in good faith, and better to talk with them as they agreed to do and might be wise not to introduce the ordinance at this time.

The following individuals spoke in support of the ordinance:
Betsy Perkins, 1112 Cottonwood Street, pass as strict ordinance as possible.
Doug Carpenter, 1250 Burbank Court
Debbie Swanson, 3334 Primrose Court - health department and member of the Grand Forks Tobacco Free Coalition stated they would provide a copy of the Helena, MT study and will also provide information re. EPA study to help answer some of their questions

Several individuals asked to wait and make their comments at the next meeting
Bill Korol, 2798 S. 36th Street, (Down Under Pub) wait with comments until next meeting
Ron Gibbens, 3502 14th Avenue South. wait until next meeting

The following individuals asked to stay with the State law
Mary Weaver, 509 Cherry Street
Michael Williams, 118 1/2 North 3rd Street

The following individuals spoke against smoking ban
Mike McMenamy, 1819 Cottonwood Street

Council Members Kerian and Glassheim withdrew their motion.

Council Member Christensen stated he would like a detailed analysis of the State law as opposed to the proposed ordinance so we have that available to us; Mr. Swanson stated he would provide that information. Copies for the public will be available in the Mayor's Office.

Council Member Kerian moved the matter of the proposed ordinance to the next committee of the whole meeting; Council Member Kreun seconded the motion. Carried 6 votes affirmative.

APPROVE THREE-WAY CONSTRUCTION ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5672, PAVING
DISTRICT NO. 606

The staff report from the engineering department relating to three-way construction engineering services agreement for Project No. 5672, District No. 606, paving 55th Avenue South (Belmont Road to Cherry Street), with recommendation to approve the three-way agreement with North Dakota Department of Transportation and CPS, Ltd. for construction engineering services in the amount of $121,895.00 for Project No. 5672, District No. 606.

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

APPROVE THREE-WAY CONSTRUCTION ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5673, PAVING
PROJECT NO. 5673

The staff report from the engineering department relating to three-way construction engineering services agreement for Project no. 5673, Mill & Overlay North 20th Street from University Avenue to Gateway Drive, with recommendation to approve the three-way agreement with North Dakota Department of transportation and Interstate Engineering for construction engineering services in the amount of $41,230.26.

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

AWARD CONTRACT FOR PROJECT NO. 5673

The staff report from the engineering department relating to consideration of bids for Project No. 5673, Mill and Overlay North 20th Street from University Avenue to Gateway Drive, with recommendation to award contract to the low bidder, Aggregate Industries, in the amount of $279,123.65, contingent upon concurrence by the North Dakota Department of Transportation.

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

APPROVE CONSTRUCTION AND MAINTENANCE
AGREEMENT FOR PROJECT NO. 5701, RIGHT-IN ACCESS
OFF 32ND AVENUE SOUTH

The staff report from the engineering department relating to Construction and Maintenance Agreement for Project No. 5701, Right-in Access off 32nd Avenue South (Loft F, Block 1, Columbia Park 10th Addition), with recommendation to approve execution of the Construction and Maintenance Agreements with the North Dakota Department of Transportation, contingent on execution of the three-way agreement, receipt of evidence that the owner of Lot 1, Block 1, Columbia Mall 5th Resubdivision has given consent for the driveway location and review by the city attorney.

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

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
SEWER PROJECT NO. 5772, DISTRICT NO. 435

The city engineer's estimate of total cost of the construction of sanitary sewer for Desiree Drive in the amount of $101,834.25 was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5772, Sewer District No 435, sanitary sewer for Desiree Drive, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved, and that the resolution be presented and read for adoption: Document No. 8713 - Resolution. Carried 6 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 5773, DISTRICT NO. 285

The city engineer's estimate of total cost of the construction of watermain on Desiree Drive in the amount of $61,845.00 was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5773, Watermain District No. 285, watermain for Desiree Drive, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved, and that the resolution be presented and read for adoption: Document No. 8714 - Resolution. Carried 6 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5842. DISTRICT NO. 615

The city engineer's estimate of total cost of the construction of paving on Adams Drive in the amount of $184,907.63 was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5842, Paving district No. 615, paving Adams Drive, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved, and that the resolution be presented and read for adoption: Document No. 8715 - Resolution. Carried 6 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5811, DISTRICT NO. 613

The city engineer's estimate of total cost of the construction of paving Prairiewood 1st Addition in the amount of $317,013.38 was presented and read.

The Staff report from the engineering department relating to plans and specifications for Project No. 5811, District No. 613, paving Prairiewood 1st Addition, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved, and that the resolution be presented and read for adoption: Document No. 8716 - Resolution. Carried 6 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5834, DISTRICT NO. 614

The city engineer's estimate of total cost of the construction of paving Countryview 3rd Addition in the amount of $153,246.19 was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 5834, District No. 614, paving Countryview 3rd Addition, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved, and that the resolution be presented and read for adoption: Document No. 8717 - Resolution. Carried 6 votes affirmative.

AWARD CONTRACT FOR PROJECT NO. 5739, 2005
SIDEWALK CONSTRUCTION/REPAIR

The staff report from the engineering department relating to consideration of bids for Project No. 5739, 2005 Sidewalk Repairs, with recommendation to award contract to Anderson Construction in the amount of $163,517.50 (on a unit price basis) for Project No. 5739, 2005 Sidewalk Repairs.

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

AWARD CONTRACT FOR PROJECT NO. 5839, WATER
TREATMENT PLANT RE-ROOFING

The staff report from the engineering department relating to consideration of bids for Project No. 5839, Water Treatment Plant Re-roofing, with recommendation to award contract to low bidder, Greenberg Roofing in the amount of $31,810.00.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.
AUTHORIZE ENTERING INTO JOINT POWERS
AGREEMENT WITH FALCONER TOWNSHIP FOR
REIMBURSEMENT OF COSTS, PROJECT NO. 5327

The staff report from the engineering department relating to matter of Joint Powers Agreement with Falconer Township pertaining to guardrails on Columbia Road at English Coulee Diversion, Project No. 5327, with recommendation to approve Joint Powers Agreement for reimbursement of costs to install guardrails on Columbia Road at the English Coulee Diversion and approve use of Flood Protection Betterment funds in the amount of $80,000 if Corps determines that this is an ineligible project expense.

Frank Matejcek, 4150 Columbia Road, stated he was here to answer any questions and was under the assumption when they signed the joint powers agreement even though they did it under protest they did sign it, that Mr. Swanson had the authority to sign it for the City and was surprised that it ended back on the agenda.

Mr. Swanson stated he had no such authority and the agreement calls for the mayor and city auditor to sign it.

Council Member Kreun moved to approve the Joint Powers Agreement with Falconer Township for reimbursement of costs guardrails on Columbia Road at the English Coulee Diversion and approve use of Flood Protection Betterment Funds up to the amount of $80,000 if the Corps determines that this is an ineligible project expense, and that city road maintenance be limited from the Grand Forks city limits to southerly edge of where the guardrails begin on Columbia Road. Council Member Christensen seconded the motion.

Council Member Kreun stated that he and Council Member Gershman worked on this project almost two years ago and there has been some discussion on whether the guardrails are a safety factor or not and from the city engineer, the Department of Transportation engineer, county engineer, and the county highway superintendent all indicate that this is not required and may even be a detriment and that is why we have this joint powers agreement that the Township is taking over the responsibility of this structure and that we want to limit our road maintenance up to that point because we do not want to be involved and want to be disassociated as much as possible with this particular project and that we will continue to maintain Columbia Road up to that point and only about 300-400 feet difference and shortening it up as far as the maintenance agreement.

Terry Longtin, 4496 North Columbia Road, stated he lives about half mile north of this bridge, urged the council to support the motion for safety issue, that they had guardrails on that prior to the English Coulee diversion, but is much deeper and prior to this wasn't an issue, concern about safety and in the winter if foggy can't see, extremely dangerous and can't see the edge of the bridge, something needs to be done and urged the City to support putting the guardrails up.

Clarence Volk, supervisor of Falconer Township, that they recognized this project in 2001 and since then the price of steel has increased and labor increased and asked if they approve this to approve it with a ceiling of $90,000.00, fair increase in steel and labor prices to today's date.

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

APPROVE RESOLUTION OF SUPPORT - C.O.P.S.
INTEROPERATIVE COMMUNICATIONS GRANT

The staff report from the police department relating to the resolution of support - C.O.P.S. Interoperative Communications Grant, with recommendation to support for this region wide grant application for interoperable voice and data communications.

Council Member Christensen stated there has been discussion re. this grant and Chief Packett stated there would be ample opportunity on behalf of the council to be kept abreast of this grant application and the potential cost to the City regarding the same, that he checked the 911 Fund and there is approx. $1.9 million and it appears that fund is building to $50,000/month and that appeared to be excess revenue that we are collecting and satisfied with representations made by Ms. Fiala and Chief Packett regarding this grant and source of funding that we will have for the City match and asked that they keep us informed as we move forward with this grant application process and as the progress this city is having with the other governmental entities that will be utilizing this enhanced form of communication and it is important that we know that other entities are going to be contributing towards the local match on this grant, and that we have an on-going source of revenue besides the 911 if we need it for the costs that will be incurred going forward once we have the money in hand to enhance our communications system - and important that we lay the important framework. He stated he was good to go with the grant application process so long as we get periodic reports as to the status and get some decision points.

Roxanne Fiala, IT director, stated that some of the information they had was on the 911 surcharge and those dollars will be used to match this grant and are also working with Polk County and other entities, the City of East Grand Forks, and they will pay their portion of these grant dollars for their match; and will use these funds for mobile radios in the vehicles and for interoperable communication between all the entities, our match will be, this is a $3 million grant and a $4 million project.

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

ACCEPT BID FOR SEWER FLUSH TRUCK FOR
WASTEWATER DEPARTMENT

The staff report from the director of public works relating to wastewater department sewer flush truck bid, with recommendation to approve bid of the sewer flush truck with 2,000 gallon capacity tank in the amount of $79,999.00 from ABM Equipment & Supply).
It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE FINAL PLAT OF REPLAT OF LECLERC'S
ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Ray LeClerc for final approval (fast track) of the replat of LeClerc's Addition to the city of Grand Forks, North Dakota (located on Payton's Place Circle), with recommendation to give final approval, subject to the conditions shown on or attached to the review copy.

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

ACCEPT PETITION TO VACATE 20-FOOT UTILITY
EASEMENT IN LOT 1, BLOCK 1, WESTACOTT'S 4TH
ADDITION

The staff report from the Planning and Zoning Commission relating to petition from PG, LLC for approval to vacate a 20-foot utility easement in Lot 1, Block 1, Westacott's 4th Addition to the city of Grand Forks, ND (located at 2215 Gateway Drive), with recommendation to give preliminary approval to the petition to vacate, and set a public hearing date as prescribed by law.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required.

APPROVE FINAL PLAT OF HUGHES FIRST RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from Branden Bartholomew on behalf of the City of Grand Forks, ND for final approval (fast track) of the plat of Hughes First Resubdivision to the city of Grand Forks, ND (located in the 3600 block of Belmont Road), with recommendation to give final approval to the request, subject to the conditions shown on or attached to the review copy.

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

ACCEPT PETITION TO VACATE UTILITY EASEMENTS
LYING WITHIN LOTS 2-6, BLOCK 1, HUGHES ADDITION

The staff report from the Planning and Zoning Commission relating to the petition from Branden Bartholomew on behalf of the City of Grand Forks, ND for approval to vacate the street, public access and bikeway walkway easements lying within Lots 2 through 6, Block 1, Hughes Addition to the city of Grand Forks, ND (located in the 3600 block of Belmont Road), with recommendation to give preliminary approval to the petition to vacate and set a public hearing date as prescribed by law.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved, that the petition filed in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required. Carried 6 votes affirmative.

APPROVE FINAL PLAT OF DEAN'S 2ND RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from Branden Bartholomew on behalf of the City of Grand Forks, ND, Dean Curran and Ardus Nelson for final approval (fast track) of the plat of Dean's 2nd Resubdivision to the city of Grand Forks, ND (located in the 3500 block of Belmont Road), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy.

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

ACCEPT PETITION TO VACATE RIGHT OF WAY AND
UTILITY EASEMENTS IN BLOCK 1, DEAN'S 2ND
SUBDIVISION

The staff report from the Planning and Zoning Commission relating to the petition from Branden Bartholomew on behalf of the City of Grand Forks, ND for approval to vacate street right of way, utility easements and bikeway walkway easements lying within Lots 1 through 4, Block 1, Dean's 2nd Subdivision to the city of Grand Forks, ND (located in the 3500 block of Belmont Road), with recommendation to give preliminary approval to the petition to vacate and set a public hearing date as prescribed by law.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved, that the petition filed in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required. Carried 6 votes affirmative.

APPROVE FINAL PLAT OF DAVIS ADDITION

The staff report from the Planning and Zoning Commission relating to request from Branden Bartholomew on behalf of the City of Grand Forks, ND and Paula Davis for final approval (fast track) of the plat of Davis Addition to the city of Grand Forks, ND (located at 3605 Belmont Road), with recommendation to give final approval to the request, subject to the conditions shown on or attached to the review copy.

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

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF SOUTHERN ESTATES
FIFTH ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf
of Southern Estates LLP for preliminary approval of the plat of Southern Estates Fifth Addition to the city of Grand Forks, ND (located west of South 20th Street between the Southend Drainway and 43rd Avenue South, also to include approval of the plat as a designated affordable housing district, with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy to include preliminary approval of an ordinance amending the Street and Highway Plan and set a public hearing date for June 20, 2005.
It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.

Council Member Christensen introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Southern Estates Fifth Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ZONING MAP
TO INCLUDE SOUTHERN ESTATES PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 5, ALL OF COLUMBIA PARK 24TH
AND 26TH ADDITIONS, COLUMBIA PARK 29TH RESUBDIVSION,
ALL OF SOUTHERN ESTATES FIRST, SECOND, THIRD, FOURTH
AND FIFTH ADDITION, AND TO INCLUDE UNPLATTED PORTIONS
OF SOUTH HALF OF SECTION 21, T151N, R50W OF 5TH P.M.

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd on behalf of Southern Estates LLP for preliminary approval of an ordinance to amend the zoning map to exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan Amendment No. 5, all of Columbia Park 24th and 26th Additions, Columbia Park 29th Resubdivision, all of Southern Estates First, Second, Third, Fourth and Fifth Additions to the city of Grand Forks, North Dakota, and also to include unplatted portions of the South Half of Section 21, Township 151 North, range 50 West of the 5th Principal Meridian (located east of Columbia Road between 36th Avenue South and 47th Avenue South), with recommendation to give preliminary approval of the request and to give preliminary approval to the ordinance subject to the conditions shown on or attached to the review copy, and set a public hearing for June 20, 2005.

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

Council Member Christensen introduced an ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4 and to include within the Southern Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5, all of Columbia Park 24th and 26th Additions, Columbia Park 29th Resubdivision, all of Southern Estates First, Second, Third, Fourth, and Fifth Additions to the city of Grand Forks, North Dakota and also including unplatted portion of the South Hal of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE PORTION OF NE QUARTER
OF SW QUARTER OF SECTION 21, T151N, R50W OF THE
5TH P.M., EXCEPT LAND PREVIOUSLY ANNEXED TO
THE CITY AND A STRIP OF LAND WEST THEREOF

The staff report from the Planning and Zoning Commission relating to the petition from guy Useldinger for approval of an ordinance to annex to the city of Grand Forks, ND the south 990.83 feet of the north 1108.83 feet of the west 750 feet of the east 1310.0 feet of the NE Quarter of the SW Quarter of Section 21, Township; 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks County, except land previously annex to the city of Grand Forks, ND or all of the proposed Southern Estates Fifth Addition and a 140 foot strip of land west thereof, said tract of land containing 743,258 sq.ft. or 17.06 acres more or less; with recommendation to give preliminary approval of the ordinance and set a public hearing date as required by law.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be and is hereby approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required. Carried 6 votes affirmative.

Council Member Christensen introduced an ordinance entitled "An ordinance to annex the south 990.83 feet of the north 1108.83 feet of the west 750 feet of the east 1310.0 feet of the NE Quarter of the SW Quarter of Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian, Grand Forks County, except land previously annexed to the city of Grand Forks, ND, or all of the proposed Southern Estates Fifth Addition and a 140-foot strip of land west thereof, said tract of land containing 743,258 square feet or 17.06 acres more or less", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF AUDITOR'S SUBDIVISION
NO. 39

The staff report from the Planning and Zoning Commission relating to the request from the City of Grand Forks, ND on behalf of Residual Materials, Inc., Landmark Investments, LLC., and Minnkota Power Cooperative for preliminary approval of the plat of Auditor's Subdivision No. 39 to the city of Grand Forks, North Dakota (located at Red Dot Place), with recommendation to give preliminary approval of the plat, subject to the conditions shown on or attached to the review copy, include preliminary approval of an ordinance amending the street and Highway Plan and set a public hearing date for June 20, 2005.

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

Council Member Christensen introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way show as dedicated on the plat of Auditor's Subdivision No. 39, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF GREAT NORTHERN
ADDITION

The staff report from the Planning and Zoning Commission relating to request from the City of Grand Forks and Associated Potato Growers for preliminary approval of the replat of Lots 1 through 16, Block 4, Lot C, Block 2, and Lot C, Block 3 of the Great Northern First Addition to the city of Grand Forks, ND (located at Alpha Avenue and North 6th Street), with recommendation for preliminary approval of the plat, subject to the conditions shown on or attached to the review copy, to include preliminary approval of an ordinance amending the street and Highway Plan and set a public hearing date for June 20, 2005.

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

Council Member Christensen introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Great Northern Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT OF REPLAT OF LOTS
6 AND 7, RIVER OAKS ADDITION

The staff report from the Planning and Zoning Commission relating to request from the city of Grand Forks and Fredoon Anvary for preliminary approval of the Replat of Lots 6 and 7, River Oaks Addition to the city of Grand Forks, ND (located on River Oaks Circle), with recommendation to give preliminary approval of the replat, subject to conditions shown on or attached to the review copy.

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

ACCEPT PETITION TO VACATE ALLEY LYING ON
LANDS PLATTED AS RIVER OAKS ADDITION AND ON
LANDS PLATTED AS ANDERSON'S ADDITION AND
EASEMENTS IN RIVER OAKS ADDITION

The staff report from Planning and Zoning Commission relating to petition from the City of Grand Forks for approval to vacate a 20-foot wide alley lying 5 feet onto lands platted as River Oaks Addition and 15 feet onto lands platted as Anderson's Addition commending 189.14 feet easterly of the southwest corner of lands platted as Lot 6, River Oaks Addition, then running easterly to the east line of Anderson's Subdivision and a 30-foot wide bikeway and pedestrian easement along the east side of Lots 6 and 7, River Oaks Addition, adjacent to the Red River, with recommendation to give preliminary approval to the petition to vacate and to set a public hearing date as prescribed by law.

It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing e published as required. Carried 6 votes affirmative.

APPROVE REAL PROPERTY AS SURPLUS

The staff report from the urban development office relating to surplus real property, with recommendation to declare the following properties surplus and authorize staff to proceed with their sale according to established policies and procedures. Properties are two lot fragments along Hughes Court - Lot 4, Hughes First Resubdivision, a replat of Hughes Addition and Replat of Hughes 2nd Addition (adjacent to 223 Hughes Court) and Lot 5, Hughes First Resubdivision, a replat of Hughes Addition and the Replat of Hughes 2nd Addition (adjacent to 3611 Belmont Road).
It was moved by Council Member Christensen and seconded by Council Member Kerian that this recommendation be approved. Carried 6 votes affirmative.

REFER RECOMMENDATIONS FROM CENTRAL BUSINESS
DISTRICT HOUSING TASK FORCE TO FINANCE/DEVELOP-
MENT COMMITTEE

The staff report from the urban development office relating to Central Business District Housing Task Force, with recommendation to approve the recommendations submitted by the Central Business District Housing Task Force and authorize the city attorney to draft appropriate language to so amend the Land Development Code.

Recommendations of the task force are:
1. Owner-occupied housing should be permitted use through the B-4 zoning district.
2. The current B-4 zoning district includes significant land area outside what is generally considered the "core downtown"; recognizing that the character of this core area is substantially different from the periphery, the task force proposes establishment of a "Core Downtown Overlay Zone" that would be bounded by University Avenue, North Fifth Street, Division Avenue, and the river; within this overlay zone, B-4 regulations would apply, with the exceptions that:
a. non-mixed use single-family and duplex dwelling units be PROHIBITED.
b. residential uses on the first floor adjacent to a public street right of way be PERMITTED ONLY IF
1) the residential floor height is elevated a minimum of three feet above grade level, OR
2) the residential use is set back a minimum of 20 feet from the public street right of way.

It was moved by Council Member Gershman and seconded by Council Member Kreun to refer this matter back to the finance/development standby committee.

Mr. Swanson reported he met last week with Planning Department and Urban Development on this issue and as a result of their discussion has started drafting 3 proposed ordinances for review and would like to have some time to work on that and would prefer if could hold off until second week of June. Council Members Gershman and Kreun agreed.

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

REFER MATTER OF DOWNTOWN DEVELOPMENT
PROPOSALS TO FINANCE/DEVELOPMENT COMMITTEE

The staff report from the urban development office relating to downtown development proposals, with recommendation to authorize staff to proceed with Letters of Understanding with the top-scoring developers as recommended by the review committee: Site 1 - Schoen Associates: Site 2 - Dakota/Crary; Site 3 - Schoen Associates; and Site 4 - Dakota/Crary.

Council Member Gershman stated he felt they need further review relative to flush out the taxes, tax abatements and grants involved and how we use the urban development fund because it came in fairly complicated, and moved that this matter be referred to the finance/development committee. Council Member Hamerlik seconded the motion.

Council Member Kerian stated that she had some reservations about this because Council Member Christensen is chair of the finance/development standby committee, and was listed in one of the proposals, but there was a letter to Keith Lund, Urban Development, in which that developer, James Kobetsky, says that Pearson and Christensen have not been with their legal team since November, 2002, and that is clear for her.

Council Member Christensen stated that concerning Council Member Kerian's comments, he would like it known to the public that he was not consulted by the proposed developers as to their submission or the fact that they were going to put his name in their submission, and had they contacted him and asked him, he would have told them under no circumstances do that; that it was due to inadvertence, oversight, and neglect of the person submitting and had nothing to do with him, and he wants that clearly understood.

Shurkey Swanke, 1506 South 15th Street, stated that this is in regards to developers putting up housing downtown using money from the City and that he would be opposed to any form of corporate welfare going to developers, particularly any that go towards fixing up downtown Grand Forks, that we have been fixing up the downtown Grand Forks for 30 years, it hasn't worked and its not going to work, people don't want to be downtown, they have been voting with their dollars for 30 years that they don't want to be downtown. If there is to be any development of downtown, why don't they remodel all the empty buildings already existing into housing instead of putting up new ones.

Council Member Gershman stated that some of them have already done that, i.e., across the street from Sander's the upstairs of that building has been renovated into apartments and there is a waiting list for that, and doesn't agree that people don't want to live downtown in nicely done apartments because when those were renovated they went right away and waiting lists for those kinds of apartments, and areas where not renovated there may be some vacancies downtown of 3% but there are already people who are on the waiting list for those that are being proposed and disagrees that there is not a demand. He also stated that they are going to start conservatively on this if this comes back approved with 20 to 26 units in two different places and that is what he would prefer. He stated on the 20-unit there are 10 letters of intent and not even approved by council, and his read of this proposal is that it would be a good use of taxpayers dollars - that downtown Grand Forks is not as vibrant as it should be because not enough people living downtown and not enough people who own property downtown that live in those properties and that is what we are trying to create.

Mr. Swanke stated that if there is tremendous demand for housing downtown, then would think that ethical developers would be willing to pay market value for the property; in any event he opposes corporate welfare.

Council Member Christensen reminded Mr. Swanke and members of the public that the mayor commissioned a task force about a year ago and had various members of the community sitting on that task force and they concluded unanimously that they would like to see additional housing downtown and that was done because of mayor's request and of some of the council members because they had an issue of continued utilization of CDBG money and the utilization of it to impact low to moderate income areas, and this is the results of the study the mayor commissioned to use the monies we have to recycle rather than spend and the City has some lots and nobody has stepped up to buy those lots until we got into this discussion with housing downtown, and those lots will be part of the project, we are not generating any taxes on those lots now as they are City-owned, that there will be incentives to purchase those townhomes and will be on the tax rolls and generate revenue. He stated he thinks that is a responsible utilization of public resources that most certainly isn't corporate welfare because that land is dormant and not being used. We have various developers who have stepped up and said they will take the risk, put their money up and all they are looking for is the land; and is excited about where they are in this process and it began with people going to the mayor and saying we need a study of what we can do to revitalize downtown.

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

AUTHORIZE FUNDING OF UNIVERSITY PARK
SPLASH PARK FROM RIVERSIDE POOL MITIGATION FUNDS

The staff report from Mayor Brown relating to University splash park with recommendation to authorize funding of the University Park splash park from Riverside pool mitigation funds.

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

CITIZEN REQUESTS

Ross Weiler, 701 North 3rd Street, addressed the council regarding several items, that if downtown is worthy of development, the developers should take the risk and buy the land and put that money back into the city coffers; that he has heard a lot of complaints about the lack of parking downtown, now we have some parking and some nice parks and lot of money put into parking lots, parks and sculptures and has improved the look of downtown and the usability and the appearance of downtown. He stated he isn't sure which properties they are selling but is concerned about them ripping up these parks, etc. and have small parks and rip them up and put development in them.

Council Member Gershman stated that one of the sites is the Memorial Park and that they were put in place by the previous council as placeholders for future development and are talking to some of the developers to incorporate some of the sculptures within the projects and that is why want that to go back to the committee so those can be incorporated into the project; and some of the smaller parks will remain

Mr. Weiler thanked them for their efforts, and likes the forum where he can come and talk about concerns he has.

He stated we have a one-sided council, doctors, lawyers, bankers, personal business but don't have any working class people on the council and believes it makes you a little bit removed from some of the problems of the working class people of the community, that dollar amounts and about ways some of the things are done are very progressive and forward thinking but may or may not represent 50-60% of the people who struggle every day to make ends meet; have seen this with tax increases, property value increases and important for all citizens to be very concerned with the people who are struggling and working very hard in this community to make ends meet. He stated economic development - working class citizens and elected representatives need to find ways of reducing costs not spending more. He has seen economic development come to town and some good things have happened - New Flyer, started at $10/hour plus benefits and applaud you for helping Cirrus coming to town. Taxes, costs of fuel, groceries and everything going up and why is ceiling for factory and construction work in this town, everything brought with economic development $10/hour and has problem with that and is not keeping up with the needs of the people who are working, and this is why losing people in this town, need to retain good employees have to offer a living wage and $10/hour is difficult wage to live on anymore.

Council Member Gershman stated that the Economic Development Corporation does not entertain giving grants to any businesses paying $10/hour, we have threshold that has to be met and its $26,000 to $27,000 before any consideration, and that Cirrus' average salary of jobs coming in is close to $26,000, close to benefits and that there are no grants, loans from the City, and do have PACE loan which is to help buy down the interest and money paid back at the end of the loan - no grant money to them, and Economic Development and discussion is always how to bring in higher paying jobs. Mr. Weiler stated we have seen economic development money going out but not seen increase and have to get our wages up in this area or we will lose everybody.

Mr. Weiler commented re. splash parks and Riverside money being used for that, still thinks should save Riverside pool; and if save Riverside pool have to budget for a flood and cleanup, is real possibly, and until a flood don't have to clean up after that.

He commented re. North 3rd Street construction work, good to see the dike going up - they have been living in a construction zone for 9 years and money keeps evaporating and 9 years to live in a construction zone is a long time (2 years before flood because of building public school warehouse) and need some completion on it, 700 block of North 3rd Street has lost significant parking on the east side of the street with the removal of the school district warehouse area, talked with various departments re, engineering of it and would like to see parking on the eastern side of North 3rd Street when dike construction finished because there is a lot of rental property in the area and many people have multiple vehicles, and North 3rd Street has become a "zoom way" again, no stop signs, drainage crossovers because of metropolitan planning needs, parking on the east side would relieve pressure on parking and slow down traffic when driving through a narrower area and left in council's hands to find a good solution and thanked council for time.

APPROVE BILL LISTING

Vendor Payment Listing No. 05-10, dated May 13, 2005, totaling $956,176.00, were presented and read.

It was moved by Council Member Kerian and seconded by Council Member Kreun that these bills be approved and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES MAY 2, 2005

Typewritten copies of the minutes of the city council meeting held on Monday, May 2, 2005 were presented and read. It was moved by Council Member Christensen and seconded by Council Member Kreun that the minutes be approved as read. Carried 6 votes affirmative.

MAYOR AND COUNCIL COMMENTS

1) Council Member Hamerlik stated that since they referred to the committee of the whole the smoking ordinance and would suggest that they plan the committee of the whole so it isn't a long agenda because many of the same people plus more will be there, and asked for some prudent planning.

2) Council Member Christensen commended the fire department for the method they handled a fire that happened to a couple townhomes located in the King's Walk area, one of the affected families told him that a firefighter when he was passing through the premises of one of the homes and found a picture and gave it to the family whose home was destroyed and turned out to be a family picture and was the only thing they saved along with clothes they had in their suitcases, firemen did a great job.

He stated they are going to have their first finance/development meeting on May 31 and start having meetings every two weeks to get through some of the matter that have been presented to his committee and an agenda published and try to have two items on each agenda as have from 4:00 to 5:00 p.m. He asked if Mr. Swanson would give them an executive summary of the proposed ordinance and State ordinance and differences.

3) Council Member Kerian questioned meeting time for the Board of Equalization Appeals committee. Mel Carsen, city assessor, stated tomorrow is to be our first hearing date but only have one scheduled for tomorrow and none for Thursday and that an e-mail will be sent out Council Member Glassheim questioned number of people contacted and scheduled for hearings, etc. Mr. Carsen stated they have contacted many individual and are recommending reductions on 20-25 and other recommending upholding value - many of the protests were re. taxes - some valuation concerns were legitimate and value too high based on evidence they found at their place or market place. There were a few where did not do inspection at request of the property owner, and many accepted recommendation as new value.

4) Council Member Gershman asked that that the resolution re. Dru's Law be sent to the families of Dru
Sjodin.
He stated that coverage by the media of the Air Base issue was spectacular and public was aware of all of the issues and thanked them for in-depth coverage, excellent coverage.
He stated that the suggestion was made to him by one of the protestors on taxes and suggestion was that they have been using the same colored building inspection permit and only way an inspector would know would be to check the date, and perhaps should change the colors every 6 months - because people recycle their building permits and not fair to those taking out permits.
He stated that when had the Board of Equalization, people felt it was futile to protest their taxes, but important for people to know that 25% of the people who protested that night have a reduction in their valuation - that is signification and thanked Mr. Carsen.

5) Mr. Swanson stated with respect to the draft ordinance on regulation of tobacco usage - if have suggestions, comments, questions, whether council, staff or public to contact him and he will provide them with an analysis and a comparison between this draft and Senate Bill 2300 that was adopted, and he did provide a spread sheet of different cities in ND and MN, etc. and if have any questions or comments.

ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Kreun that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,

Saroj Jerath, Deputy City Auditor

Approved:
__________________________________
Michael R. Brown, Mayor