City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 6, 2005

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, September 6, 2005 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; absent: none.

Members of the Grand Forks Air Force Base Airmen Leadership School Class led the council in the pledge of allegiance to the flag.

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 thanked Council Members Gershman, Brook, Hamerlik and Kreun who were at the first UND football game Saturday to help welcome back the UND students, that University is important part of our community and our future as a country and as a community.
He recognized the police department's bike program was honored by the Optimist Club lunch for our participation in their safety and wheels program.
He noted that hurricane Katrina relief efforts the cities of Grand Forks and East Grand Forks both act as leaders and facilitators in this process, that he spoke with Mayor Stauss and other community leaders last week and that it is important that we as a community do something big - that they secured the Alerus Center and with coordination of community members there will be a rally for relief on September 27 from 4:00 to 9:00 p.m. and will be an opportunity for every community member, organization and business to help where they can. He stated they have contacted the Congressional Offices and Governor's offices and FEMA to offer assistance where specific needs are identified and are determined to give back all we can and will remain a constant contact and coordinator for this effort. He stated they have completed a list of human resources, our officials and community members, who have first hand experience with flood disaster recovery issues along with telephone numbers and e-mail addresses so that when New Orleans officials and other cities run into specific situations we are only a telephone call or an e-mail away for providing help, that this was distributed to the Congressional delegations of the affected areas and there has been a thank you from the Louisiana Governor's Office as well. He stated they have sent a letter to all employees and open letter to the media expressing the urgency of supporting the assistant efforts by providing financial assistance and would recommend that relief be in the form of donations to the Red Cross, Salvation Army and United Way. He opened the floor for council members thoughts.

Council Member Brooks stated that watching what was happening was a massive rescue effort and heard comments that the 1997 flood in Grand Forks was nothing compared to what is happening in the coastal regions but in 1997 looking at group of staff and council and mayor and that there was an evacuation, handled very well but definite that people had to leave, that we went into a recovery effort because of the work of our staff and leaders and what was handled here was a disaster that was handled well and moved into a recovery mode and not to say it was nothing here and that there is praise to go to the staff and leaders of this city and East Grand Forks at tht time.

Council Member Hamerlik agreed with Council Member Brooks comments and thought it would be premature for each of the council members to throw out suggestions but to call a task force with staff and several council members meet and brainstorm in next few days and come up with some ideas and try to formulate something and focus in on an area or two and decide what we can best do to help those in most need. Mayor Brown stated they have a core group of people doing that very thing and that is where the Mardi Gras Rally for Relief concept came up and where entire community can be involved in one project. Council Member Hamerlik stated brainstorming is great for 20-25 but decision making better for 4 or 5.

Council Member Glassheim echoed support for Mr. Hamerlik's idea, and wants to identify with this city doing something and would like to be part of it or if the City has a coherent plan of what they are going to do, and would be nice if the City of Grand Forks could send the world a clear message of what they are doing, whether giving money or people. Mayor Brown stated this is a culmination and a chance for the community to come together.

Council Member Christensen stated he agrees with Council Member Glassheim and is more concerned about what our government is going to do as opposed to mayor's, will be doing as community leaders rallying the community to support of those who have been affected. He stated he would like to do what Mr. Hamerlik suggested and that as a governing body sit down and review what they have as far as monies available where they could lend some significant financial assistance to the area affected, and about some small communities of 3 or 4,000 people who have been wiped out and have nothing and would like to spend a little time as a community thinking about how we can make a major impact if we have the ability and identifying a source of funds because this area is going to need assistance for several years to come and if want to put some people on furlough but if can help pay for someone that would like to go down there for a period of time, and these are some of the things that we can come forth and show nation how much we appreciate all of the hundreds of millions of dollars that were given to us, and now can pay it back but not at the magnitude of several billion but area of $2 or 3 million or that governing body match what community gives.

Council Member Kerian stated she endorses Council Member Hamerlik's idea and something from a government standpoint does need some additional thought and discussion, that there are short-term needs but also very long term needs and in short term could use people, that Red Cross can use volunteers from our community, and agreed that we have benefited and need to be mindful of our responsibility to share and thinks that our community will do that and need to continue to encourage people and need to be mindful that there are still citizens in this community who are not in the position to have their government give a lot away and that their taxes would have to be raised and need to be mindful of all of that as this task force comes together.

Council Member Kreun agrees with comments but in some of the smaller communities that are somewhat our size or smaller and get the e-mail from some of those council member and cell phone numbers and if nothing else, give moral support, tell them what to expect, and even in the long term to visit and develop a report with them as well as some of the other things that were taken on and perhaps to talk to someone who has been through it and perhaps that can be done.

Council Member Gershman suggested that perhaps we should adopt a smaller city and then in it for the long run, that it is going to be a 10 to 15 year deal because they are really in trouble, can lend them advise or expertise, planning and that there are very few cities in America that owe so much back to the various organizations and the federal government and no way would have come through that and developed like we have without that help, and that we need to so something that is significant, but City needs to do something significant.

Mayor Brown reported that on September 2 Council Member Gershman went to Minneapolis to meet with Northwest Airlines, and asked for a brief report. Council Member Gershman reported that Senator Dorgan arranged a meeting with the four major cities in ND to talk about the cutbacks that Northwest is doing in some of the cities in ND, that he along with Rick Duquette and Steve Johnson went to Minneapolis last Friday and met with CEO of Northwest Airlines along with the top planners for North
America for scheduling, that Northwest is under a lot of stress as are a number of airlines, that they made three points, that North Dakota and Northwest Airlines have a unique relationship and they like the ND market, and expressed gratitude to the Congressional delegation and the Governor's Office, that the business doesn't work as well as it used to because of the price of jet fuel, that in 2003 NW Airlines had a fuel bill of $1.6 billion, 2004 a bill of $2.2 billion and in 2005 expecting it to be $3.3 billion, and under our existing schedule we are targeted to lose 70 seats and that is serious because as your seats go down you start to lose the economy seats which drives business elsewhere, and citizens have to understand that the airport market and the market we have 33% of our market leaks to other airports, either Fargo or Minneapolis, and that is approx. 27,000 passengers/year and 20 to 27,000 passengers that are flying elsewhere and some driving so NW not capturing it, and our presentation is that we needed a slight schedule change and thinks we will get that so that people don't have as long a layover in Minneapolis. He noted they also requested that instead of the two turbo-prop planes coming in the morning that those are converted to 50-passenger jets and that would give us 36 seats of the 70 we are losing so gain back half of those seats. Our sales pitch to Northwest was that they are losing and if took those passengers on the average tickets we have they are losing about $14 million/year in Gland Forks, that they do $132 million, and that we are not going to retain $14 million of it but if we do the right things with Northwest and are working with them and on some ideas with the Airport Authority and Steve Johnson, we think we could generate possibly $8 to $10 million in revenue for Northwest, that if the boardings keep going down, will get smaller planes and higher prices, and will speak to the business community - if your ticket is more from Grand Forks because that is the way it happens to be, don't get in car and drive to Fargo and fly United or Northwest, spend that money at your local airport or will lose it because if our boardings are less than they were in the late '80's or early '90's - but our community and markets are larger, but are working on it and Senator Dorgan has been stellar with this and working hard for us and make a strong presentation to them and have some good relationships at Northwest. He stated he is very concerned about it and appreciates the concern of the council and mayor.

MONTHLY FLOOD PROTECTION PROJECT UPDATE

Al Grasser, city engineer, reported they are making significant progress on the project and that the last phase of the project which they referred to as Phase IV was awarded on August 22 by the Corps of Engineers and showed a short production video.

Council Member Gershman stated that the Belmont Road pump station, and Lincoln Drive, weeds and no roof on the building and asked if contractor, ICS, is doing what contracted for; Mr. Grasser stated they are within the terms of their contract, completion date on Phase II is end of October and early November and have had number of discussions on these issues and that they are working on those roofs on pump stations and do have a completion date. Council Member Gershman stated the City has been mowing weeds, etc. at our expense and asked if we can take that off their contract and recommended that they do that.

Council Member Gershman asked what status is of construction in Riverside Park as there hasn't been much work there lately. Mr. Grasser stated they are doing some work on the structures, pump stations and not all really visible, and some structures going in off the road and that is part of Phase III and are planning on finishing walls and putting up lot of the levee this construction season.
Council Member Brooks asked when getting an update on budget to actual expenditures on the total project. Mr. Grasser stated he is expecting to get an update from the Corps of Engineers within the next month, and that they want to lay out a benchmark on the financial aspects of the project as they start to close out and want to have meeting and share that with Flood Protection Committee as do need that for the special assessment portion of the project and they have to start wrapping up on the project - need to determine exactly what the Corps is going to allow for our credits on some of our projects, and will bring that in a package and share that with the committee.

Council Member Christensen stated he is interested in the financial aspect and will have to wait until the Corps provides the City with financial information, is interested in how much has been spent of City funds that we are in charge of, such as greenway, and what is available within our discretionary funding as we are nearing the end of this project and make some decisions as to what betterments, if any, we want to make to the greenway or recreational aspects while still in the construction phase, and would appreciate getting that information within the next 30 days. He stated that the Flood Protection Committee meeting is a good idea and going forward with the other decisions that have to be made, that we work together finishing it and dedicate a portion of a COW meeting to the information so that we can get the different decision points that we should be making and then go forward.

CONTINUE PUBLIC HEARING ON FINAL BUDGET FOR
2006

The city auditor reported that the public hearing on the final budget for fiscal year beginning January 1, 2006 and ending December 31, 2006 had been scheduled for this evening, and tht the notice of public hearing had been published as required.

Mayor Brown opened the public hearing.

The city auditor asked that the public hearing be continued to September 19, 2005 because he will be bringing back some of the fee and permit increases that are suggested and are a part of this budget and are germane to approval of the budget. He also noted that he had received a letter from the Airport Authority indicating that their board has voted to lower their mill levy for next year by .37 mills and that is equivalent to is the percentage of mills that the council has lowered on city mill levies and that they felt that they wanted to do something to show the public that they are part of the team and with the valuation increases.

It was moved by Council Member Gershman and seconded by Council Member Christensen to continue the public hearing until September 19, 2005.

Council Member Christensen stated that if there are some budget adjustments that might be required based upon our fuel issues in this community, gas, oil, etc. costs that may go up

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

ADOPT ORDINANCE NO. 4083, ANNEXING LANDS
LOCATED IN SOUTH HALF OF NW QUARTER OF
SECTION 8, T151N, R50W OF 5TH P.M.

An ordinance entitled "An ordinance to annex all those lands located in the South Half of the Northwest Quarter of Section 8, Township 151 North, Range 50 West of the Fifth Principal Meridian, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 15, 2005, was presented and read for consideration on second reading and final passage.

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

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

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

APPROVE AMENDMENT NO. 1 TO THE 2005 CDBG
ANNUAL ACTION PLAN

The staff report from Urban Development relating to proposed Amendment No. 1 to the 2005 CDBG Annual Action Plan, with recommendation to review proposed amendment to 2005 CDBG program; 2) close public comment period, hold public hearing, and approve amendment. The city auditor reported that there had been a public comment presented from Douglas J. West.

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

Council Member Kerian moved approval of the recommendation to approve Amendment No. 1 to the 2005 CDBG Annual Action Plan; Council Member Kreun seconded the motion. Carried 7 votes affirmative.

APPROVE ORDINANCE NO. 4084, AMENDING SECTIONS
RELATING TO SANITATION AND WASTEWATER USER
CHARGES, RATES AND FEES

An ordinance entitled "An ordinance amending sections of the Grand Forks City Code relating to sanitation and wastewater user charges, rates and fees", which had been introduced and passed on its first reading on August 15, 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 city auditor stated that the ordinance will be in effect for the billing period that is sent out in February and the ordinance states that the ordinance will be in full force and effect on and after the 1st day of February, and the actual motion is correct as we can start billing as of January 1 for that February billing.

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

PROPOSED ORDINANCE TO AMEND STREETAND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W IN SOUTHERN ESTATES
FIFTH ADDITION WITHDRAWN BY APPLICANT

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 had been introduced and passed on its first reading on May 16, 2005, was presented and read for consideration on second reading.

Dennis Potter, city planner, reported that the proposers of this plat have asked that their request be withdrawn and that they will resubmit a new plat to Planning and Zoning Commission in October and that they will not take part in the Affordable Housing District Program and asked if Mr. Warcup, assistant city attorney, describe what motion they need to make.

Mr. Warcup stated that the developer does not wish to continue forward with this and not necessary to have a public hearing on this item and the appropriate motion at this time would be to disapprove the second reading of the ordinance to amend the street and highway plan and to approve the disapproval of the plat. It was so moved by Council member Kreun and seconded by Council Member Brooks. Carried 7 votes affirmative.

ADOPT RESOLUTION VACATING PORTION OF
UTILITY EASEMENT IN BLOCK 3, SOUTHBROOK
FIRST ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of utility easement in Lots 16 and 17, Block 3, Southbrook First Addition (located at 4814 and 4820 Currant Court), contingent upon the requirement that any foundations constructed upon Lots 16 or 17, adjacent to the utility easement, be a minimum of 8 feet deep, 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.

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

It was moved by Council Member Gershman and seconded by Council Member Kreun that we find and determine an insufficiency of protest to the proposed vacation, and Council Member Gershman introduced the following resolution which was presented and read: Document No. 8753 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Kreun that this resolution be adopted. Carried 7 votes affirmative.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER FOR
DEMOLITION OF SUBSTANDARD BUILDING AT 204
FENTON AVENUE

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (dwelling) located at 204 Fenton Avenue, had been served by certified mail on September 12, 2005 to the owner of the property, said property being in substandard condition.

Mayor Brown asked if there was anyone present who had any pertinent facts concerning the matter to the council. There were no comments and Mayor Brown closed the public hearing.

Bev Collings, Inspections Division, reported this property was inspected on July 12, 2005, letter sent by the Building Inspections Office on July 14, 2005 and building was found to be substandard as defined in Section 10-0401 of the Grand Forks City Code, specifically subsections 3, 4, 5,8 and 9, and assessed value in 2004 was $11,900, and found that the building could not be repaired back to standard conditions by less than 50%.

It was moved by Council Member Gershman and seconded by Council Member Brooks that we find the structure to be substandard as defined by Section 10-0401 of the City Code, that a final order of demolition be issued and that the building be demolished by the City of Grand Forks and the cost thereof assessed against the land upon which the building stands or did stand. Carried 7 votes affirmative.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER
FOR DEMOLITION OF SUBSTANDARD BUILDING AT
712 7TH AVENUE SOUTH

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (dwelling) located at 712 7th Avenue South, had been served by certified mail (mailed on September 7, 2005) to the owner of the property, said property being in substandard condition.

Mayor Brown asked if there was anyone present who had any pertinent facts concerning the matter to the council. There were no comments and Mayor Brown closed the public hearing.

Bev Collings, Inspections Division, reported this property was inspected on March 17, 2005, letter sent by the Building Inspections Office on July 11, 2005 and building was found to be substandard as defined in Section 10-0401 of the Grand Forks City Code, specifically subsections 1 through 9, and assessed value in 2004 was $19,400, and found that the building could not be repaired back to standard conditions by less than 50% of the value.

It was moved by Council Member Gershman and seconded by Council Member Brooks that we find the structure to be substandard as defined by Section 10-0401 of the City Code, that a final order of demolition be issued and that the building be demolished by the City of Grand Forks and the cost thereof assessed against the land upon which the building stands or did stand. Carried 7 votes affirmative.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER
FOR DEMOLITION OF SUBSTANDARD BUILDING AT
1105 NORTH 5TH STREET

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (dwelling) located at 1105 North 5th Street, had been served by certified mail on September 10, 2005 to the owner of the property, said property being in substandard condition.

Mayor Brown asked if there was anyone present who had any pertinent facts concerning the matter to the council. There were no comments and Mayor Brown closed the public hearing.

Bev Collings, Inspections Division, reported this property was inspected on April 21, 2005, letter sent by the Building Inspections Office on May 3, 2005 and building was found to be substandard as defined in Section 10-0401 of the Grand Forks City Code, specifically subsections 1 through 5 and 7 through 9, and assessed value in 2004 was $16,700, and found that the building could not be repaired back to standard conditions by less than 50%.

It was moved by Council Member Gershman and seconded by Council Member Brooks that we find the structure to be substandard as defined by Section 10-0401 of the City Code, that a final order of demolition be issued and that the building be demolished by the City of Grand Forks and the cost thereof assessed against the land upon which the building stands or did stand. Carried 7 votes affirmative.

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER FOR
DEMOLITION OF SUBSTANDARD BUILDING AT 2677 NORTH
42ND STREET

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (dwelling) located at 2677 North 42nd Street, had been served by certified mail, mailed on September 7, 2005 to the owner of the property, said property being in substandard condition.

Mayor Brown asked if there was anyone present who had any pertinent facts concerning the matter to the council. There were no comments and Mayor Brown closed the public hearing.

Bev Collings, Inspections Division, reported this property was inspected on July 15, 2005, letter sent by the Building Inspections Office on August 3, 2005 and building was found to be substandard as defined in Section 10-0401 of the Grand Forks City Code, specifically subsections 4, 5, 8 and 9, and assessed value in 2004 was $11,000, and found that the building could not be repaired back to standard conditions by less than 50%.

It was moved by Council Member Gershman and seconded by Council Member Brooks that we find the structure to be substandard as defined by Section 10-0401 of the City Code, that a final order of demolition be issued and that the building be demolished by the City of Grand Forks and the cost thereof assessed against the land upon which the building stands or did stand. Carried 7 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE DWELLING FROM INKSTER, ND TO 5410 WEST
LANARK DRIVE

The staff report from the building and zoning administrator relating to a public hearing for moving permit application to move a dwelling to be used as a dwelling from 407 4th Street, Inkster, ND to 5410 West Lanark Drive, with recommendation to approve the moving permit.

The city auditor reported that the notice of public hearing on the application by Keith Ostlund to move a building from Inkster, ND to 5410 West Lanark Drive to be used as a dwelling had been published and posted as required and there were no written protests to the application.

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

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

CONTINUE PUBLIC HEARING ON RESOLUTION OF
NECESSITY ON PAVING DISTRICT NO. 616, PROJECT
NO. 5820, UNTIL SEPTEMBER 19, 2005

The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 616, Project No. 5820, construction of pavement on 44th Avenue South from South Washington Street to the Southend Drainway, had expired on August 1, 2005, and that he had received no written protests, and that this matter had been continued until this evening.

Mayor Brown opened the public hearing.

It was moved by Council Member Kreun and seconded by Council Member Kerian to continue this matter until September 19, 2005. Carried 7 votes affirmative.

APPROVE APPLICATION FOR CLASS 4, FOOD AND
BEVERAGE ESTABLISHMENT, BY BOSTON'S, THE
GOURMET PIZZA, 3250 32ND AVENUE SOUTH

The staff report from the finance and administrative services relating to application for Class 1 (General On and Off Sale Alcoholic Beverage) license by BOSOX, Inc. dba Boston's, the Gourmet Pizza, 3250 32nd Avenue South, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and the appropriate city departments.

Howard Swanson, city attorney, reported that the application submitted by BOSOX, Inc. indicated they were seeking a Class 1 alcoholic beverage license and after discussing the application with the manager of the restaurant and one of the owners they have clarified that their application is actually for a Class 4, Food and Beverage Establish alcoholic beverage license. rather than a Class 1 license.

It was moved by Council Member Kerian and seconded by Council Member Christensen that the recommendation be approved for a Class 4, Food & Beverage Establishment, license. .

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

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

APPROVE CHANGE IN ALCOHOLIC BEVERAGE LICENSE
FOR BONZER'S ON FOURTH, INC.

The staff report from the finance and administrative services relating to the matter of change in alcoholic beverage license from Class 4 (Food and Beverage Establishment) to a Class 1 (General On and Off-Sale alcoholic Beverages) by Bonzer's on Fourth, Inc, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and the city council.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved.
Council Member Gershman asked to be recused from voting on this matter, and is was so moved by Council Members Brooks and Kreun. Carried 6 votes affirmative.

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

APPROVE ABATEMENT OF 2004 TAXES ON PROPERTY
AT 1710 21ST AVENUE SOUTH

The staff report from the city assessor relating to the application for abatement for 2004 taxes by Phyllis Felchle, 1710 21s Avenue South, with recommendation to Board of County Commissioners that application be approved as submitted.

It was moved and seconded by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Carried 7 votes affirmative.

INTRODUCE ORDINANCE AUTHORIZING SALE OF ON-
SALE ALCOHOLIC BEVERAGES ON THANKSGIVING DAY

The staff report from the city attorney relating to authorizing the sale of on-sale alcoholic beverages on Thanksgiving Day, with recommendation for consideration of preliminary and final approval of ordinance authorizing sale of on-sale alcoholic beverages on Thanksgiving Day.

It was moved by Council Member Gershman 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 21-0221 of the Grand Forks City Code relating to restrictions on sale, service or dispensing of alcoholic beverages; authorization of on-sale on Thanksgiving Day", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE ESTABLISHING DEFINITION OF
"TWENTY-ONE YEARS OF AGE" (POWER HOUR PROHIBIITION
AS IT RELATES TO SALE OF ALCOHOLIC BEVERAGES AND
LICENSED PREMISES

The staff report from the city attorney relating to ordinance establishing definition of "twenty-one years of age" (power hour prohibition) as it relates to sale of alcoholic beverages and licensed premises, with recommendation to prove preliminary and final approval of ordinance.

It was moved by Council member Gershman 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 Sections 21-0201 and 21-0228 of the Grand Forks City Code relating to persons under 21 years - prohibited on licensed premises; exceptions", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING SECTION
21-0221 OF THE CITY CODE RELATING TO RESTRICTIONS
ON SALE, SERVICE OR DISPENSING OF ALCOHOLIC
BEVERAGES; AUTHORIZATION OF 2:00 A.M. CLOSING

The staff report from the city attorney relating to ordinance authorizing 2:00 a.m. closing time for sale of alcoholic beverages, with recommendation for consideration of preliminary and final approval of ordinance authorizing 2:00 a.m. closing time for sale of alcoholic beverages.

Council Member Kerian stated she supports this having no concrete evidence that it causes additional drinking problems or alcohol problems, and recognizes that we have them in the community and did get some calls about that, and that last week when found a significant number of 7 bars that were checked had been open to selling alcohol to a minor and that is an indication of a problem, and also have others who talk about the binge drinking that occurs in the community and that there are a number of people who are working on this problem, that there are a number of programs working on this and as we are looking to change this ordinance to allow extended drinking, it seems the community would expect that the city government would participate in what can we do to alleviate some of those problems and talked to several council members re. enforcement in the community and it seems there would be some things that could be done in terms of policy or law by this body to address some of those issues, that she talked to the mayor and asked if there could be a group that comes together or perhaps a partnership with East Grand Forks and come together when dealing with a significant community issue to see if there are some things that we could do in terms and perhaps have some training issues, issues about enticement for people to have more drinks because of the drink specials, etc. and asked how do we do moderation and make sure that the laws are enforced; and moved approval of the ordinance. Council Member Brooks seconded the motion.

Mayor Brown stated he talked to Mayor Stauss about this recently and efforts are ongoing and making progress and thinking about an alcohol task force of council members, law enforcement, city attorney and working with groups such as The Answer, bar owners, community representatives in order to get full scope of the problem as well as positive steps, and important to have this dialogue, the two governments working together and that he will enlist two council members to be on that alcohol task force as well as various community members.

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

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

Council Member Brooks introduced an ordinance entitled "An ordinance amending Section 21-0221 of the Grand Forks City Code relating to restrictions on sale, service or dispensing of alcoholic beverages; authorization of 2:00 A.M. closing time", which was presented, read and passed on its first reading.

AUTHORIZE ACQUISITION OF EASEMENT FOR PROJECT
NO. 5774, TRUNK SANITARY SEWER

The staff report from the engineering department relating to easement acquisition for Project No. 5774, Trunk Sanitary Sewer along 40th Avenue South from South 20th Street to South Washington Street, with recommendation to authorize city staff to enter into negotiations to acquire easements for Project No. 5774, trunk sanitary sewer along 40th Avenue South from South 20th Street to South Washington Street.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.

APPROVE BUDGET AMENDMENT REQUEST FOR
ENGINEERING, AND ADOPT RESOLUTION AUTHORIZING
WAIVER OF BIDDING REQUIREMENTS FOR PURCHASE
OF USED TOOLS, EQUIPMENT, PARTS AND/OR VEHICLES

The staff report from the engineering department relating to budget amendment request, with recommendation to approve budget amendment from General Fund Stabilization & Loan Fund (2101) to engineering trucks and mounted equipment, and to authorize city staff to waive bidding requirements for purchase of propriety demonstration vehicle.

Council Member Kreun reported that the resolution authorizing the waiver of bidding requirements for the purchase of used tools, equipment, parts and/or vehicles had been drawn by the city attorney and noted that the resolution has a safeguard where it needs an affirmative vote of at least five members of the city council, and moved the adoption of the resolution. Document No. 8754 - Resolution.

Council Member Brooks seconded the motion. Carried 7 votes affirmative.

Council Member Kreun moved to amend the request from the engineering department to amend the budget in the amount of $130,000 for the purchase of a new large bucket truck; Council Member Christensen seconded the motion. Carried 7 votes affirmative.

APPROVE BUDGET AMENDMENT FOR MOSQUITO
CONTROL

The staff report from the health department relating to budget amendment (revenue and cash carryover 2160, $84,825, August 9, 2005) for mosquito control ongoing operations, with recommendation to approve mosquito control budget amendment in the amount of $84,825.00.

It was moved by Council Member Gershman a d seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.

TABLE APPOINTMENT TO LIBRARY BOARD

The staff report from the Mayor's Office relating to Grand Forks Public Library Board appointments, with commendation to confirm the appointment of Tim Lamb as the representative of the Grand Forks School Board to the Grand Forks Public Library Board for a term of three years.

Council Member Gershman stated that at the committee of the whole meeting two weeks ago he asked the city attorney if this was a requirement that the School Board appoint a member of the School District and that there is no state law or in our city Code requiring such an appointment and that this must be a policy that evolved over the years. He stated nothing against the person nominated but thought that it was time to start getting some new people involved that are not in positions now and that he had a name that he thought he would put forward but there is still some concern by council people and would move to table this so there is more time for people to do their own questioning. Council Member Kerian seconded the motion. Carried 7 votes affirmative.
APPROVE ELITE BROWNSTONES DOWNTOWN
DEVELOPMENT PROPOSAL

The staff report from urban development relating to Elite Brownstones Downtown Development Proposal, with recommendations to 1) authorize staff to seek a $2.5 million increase in the City's line of credit with Fannie Mae; 2) convey the City-owned lots described below to the developer per City Code Article 4, 2-0402(5)(G) (must be approved by vote of a five-member minimum)p 3) authorize staff to proceed with the preparation and execution of the documents necessary to complete the property transfer and financial arrangements detailed below; 4) approve Grand Forks Renaissance Zone Project GF-13, subject to provision of a Certificate of Good Standing from the State Tax Commissioner, and authorize staff to submit the project to the North Dakota Department of Commerce, Division of Community Services for action.

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

TABLE CONSIDERATION OF BIDS FOR PROJECTS NOS.
5818, 5819 AND 5820, WATER, STORM SEWER AND
PAVING ON PORTION OF 44TH AVENUE SOUTH

The staff report from the engineering department relating to consideration of bids for Project Nos. 5818, 5819 and 5820, watermain, storm sewer and paving for 44th Avenue South between South Washington Street and South 16th Street), with recommendation to table until September 19, 2005.

It was moved by Council Member Gershman and seconded by Council Member Kreun to approve the recommendation and table this matter until September 19, 2005. Carried 7 votes affirmative.

TABLE APPOINTMENT TO REGIONAL AIRPORT
AUTHORITY BOARD

The staff report from Mayor Brown's office relating to appointment to the grand Forks Regional Airport Authority Board, with recommendation to approve reappointment of Richard Becker as a representative for the city of Grand Forks on the Airport Authority Board for a five (5) year term.

Council Member Brooks stated there are a number of things going on, re. air service to the city, and have an issue where we had started a process with the city in terms of representation on the Airport Authority Board and that the Airport by-laws and the city ordinance are not in sync as to number on the Board and number of vote, etc. and this appointment is one of the City's appointments and for the next two years will be County appointments and would like to see us wait on this and important to sit down and get the Airport by-law and city ordinance in sync and work with the County, and have to bring that together; and also what is happening with the terminal and there is a lot of potential dollars involved, buildings, air service and first need to get these things put in order and his motion is to table this until can bring city ordinance and by-laws in sync along with voting issues, and to continue term of Mr. Becker until changes made. Council Member Christensen seconded the motion. Carried 7 votes affirmative.

Council Member Christensen suggested if intent of group needs clarification, that it be brought back to council at next meeting to do what attorney recommends.

ADOPT 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 said work, and that the city auditor be directed to so notify the chairman of the Special Assessment Commission:

Watermain Project No. 5678, District 283 - $407,927 - Document No. 8755 - Resolution
Sanitary Sewer Project No. 5677, District 434 - $612,970 - Document No. 8756 - Resolution
Street Lighting Project No. 5797, District 152 - $4,820 - Document No. 8757 - Resolution
Walkway Lighting Project 5799, District 154 - $23,500 - Document No. 8758 - Resolution
Walkway Lighting Project No. 5800, District 155 - $29,210 - Document No. 8759 - Resolution
Walkway Lighting Project No. 5801, District 156 - $31,550 - Document No. 8760 - Resolution

Council Member Gershman 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 Gershman and seconded by Council Member Kreun that these resolutions be adopted. Carried 7 votes affirmative.

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Voucher Payment Listing No. 05-17, dated September 2, 2005 and totaling $1,376,161.93, and Estimate Summary in the amount of $1,381,423.70, were presented and read.

It was moved by Council Member Kerian and seconded by Council Member Brooks 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 Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES AUGUST 15, 2005

Typewritten copies of the minutes of the city council held on Monday, August 15, 2005, were presented and read. It was moved by Council Member Kreun and seconded by Council Member Gershman that these minutes be approved as read. Carried 7 votes affirmative.

MAYOR AND COUNCIL COMMENTS

1) Council Member Kreun thanked Air Force personnel that came tonight, thanked them for the job they do for us and how much we appreciate them as they go out to perform their leadership duties. He also noted that one of the things that we've had a little bit of concern is when people come to the podium and speak and sometimes get quite lengthy and at East Grand Forks at their public hearings and had council rules and procedures with notes, and attach these, giving courtesy on how to present yourself at the council meeting and might be informative for them and will give to Mr. Haga to look at.

2) Council Member Hamerlik stated that earlier when talking about Hurricane Katrina's victims, that Wednesday, the 14th, there is a possibility that we will have a special committee of the whole meeting for the four ordinances and several items from the Neighborhood Concerns Committee and asked if it was intent to hold that meeting. The city auditor stated they were informed of that meeting today, agenda went out last week.

He stated that they had tabled the Library Board appointment and suggested that some discussion be made with the president of the School Board or superintendent because they have been involved in that for some time and Library could be closely aligned with schooling so then understand what we are doing to see if there are any pitfalls there.

He also recommended that when have groups to lead us in pledge of allegiance and have JDA meeting prior to that, that we have the pledge first so not keep number of people waiting, should have the pledge of allegiance before JDA as well as before the council meeting.

3) Council Member Gershman stated he went through Wilder underpass at Gateway Drive, not sure whose responsibility to clean that but was bad and that there is a light out there and should look at that.

ADJOURN

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

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
__________________________________
Michael R. Brown, Mayor