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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 18, 2009

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 18, 2009 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, Glassheim, Gershman, Bakken (teleconference), Kreun - 5; absent: Council Member McNamara - 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 items during the past week and upcoming events:
Congratulations to recent graduate, including those from University of North Dakota, been a pleasure having them here for the last 4 to 7 years in our community, and congratulations to upcoming graduates in area high schools.
Next week is Memorial Day so City offices will be closed on Monday, and the city council meeting will be on Tuesday night and Memorial Day is a time to remember soldiers who have paid the ultimate price for our freedom.
Announced that he has appointed Saroj Jerath as the City's finance and administrative services director, that she has performed well in her years with the city and serving as interim director and welcomed her to her new position - Congratulations!

ADOPT ORDINANCE NO. 4262, AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON PLAT OF KING'S VIEW FIRST ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of King's View First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 20, 2009, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The 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 Deacon's Development for final approval of the Plat of King's View First addition to the city of Grand Forks, ND (located in the 2300 block of 62nd Avenue South), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the Street and Highway Plan.

It was moved by Council Member Bjerke and seconded by Council Member Glassheim that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Bakken, Kreun - 5; voting "nay": none. Mayor Brown declared the ordinance adopted.

Council Member Christensen reported present.

ADOPT ORDINANCE NO. 4263, AMENDING ZONING
MAP TO INCLUDE WITHIN KANNOWSKI PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 3, ALL OF
KANNOWSKI'S FIRST ADDITION, ULLAND PARK FIRST
ADDITION, DEACON'S GARDENS ADDITION,
FOUNTAIN VISTA PARK RESUBDIVISION, ZAVORAL'S
FIRST ADDITION AND KING'S VIEW FIRST 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 Kannowski PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, all of Kannowski's First Addition, Ulland Park First Addition, Deacon's Gardens Addition, Fountain Vista Park Resubdivision, Zavoral's First Addition and King's View First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 20, 2009, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The 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. for final approval of an ordinance to amend the zoning map to exclude from the Kannowski PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2 and to include within the Kannowski PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, all of King's View First Addition, Kannowski's First Addition, Ulland Park First Addition, Deacon's Gardens Addition, Fountain Vista Park Resubdivision and of Zavoral's First Addition to the city of Grand Forks (located in Section 28, Township 151 North, Range 50 West of the Fifth Principal Meridian (all located within the vicinity of Kings View Drive and 62nd Avenue South, with recommendation to give final approval to the ordinance.

It was moved by Council Member Kreun and seconded by Council Member Glassheim 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 Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE ABATEMENT OF 2007 AND 2008 TAXES ON
PROPERTY AT 405 NORTH 5TH STREET

The staff report from the city assessor relating to the application for abatement for 2007 and 2008 taxes by Deanna Asay, 405 North 5th Street, with recommendation to the Board of County Commissioners that the application be approved as submitted.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that the recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE APPLICATIONS FOR ABATEMENT AND
SETTLEMENT OF 2008 TAXES BY GRAND FORKS
HOMES, ETC.

The staff report from the city assessor relating to applications for abatement and settlement of taxes by Grand Forks Homes, etc. as listed on Exhibit A for 2008, with the following recommendations:
1) Grand Forks Homes, Inc., Oak Manor Apartments, deny request for exemption and abatement.
2) Grand Forks Homes, Inc., Cherry Height Apartments, deny request for exemption and abatement.
3) Grand Forks Homes, Inc., LaGrave Place Apartments, deny request for exemption and abatement.
4) Continental Homes, Inc., Continental Homes, deny request for exemption and abatement on apartment complex, however approve the exemption and abatement for the value of Kvasager Learning Center.
5) Homestead Place, Homestead Place Apartments, deny request for exemption and abatement.
6) MDI Limited Partnership #35, Riverside Manor Apartments, deny request for exemption and abatement.
7) Faith & Hope, LP, Westwood Apartments, deny request for exemption and abatement.
8) Terzetto Village, LLC, 12 residential properties some with houses, deny request for exemption and abatement.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried.

APPROVE EXEMPTION OF REMODELING IMPROVEMENTS
TO RESIDENTIAL BUILDINGS AT VARIOUS LOCATIONS

The staff report from the city assessor relating to application for exemption of remodeling improvements to residential buildings as follows: 709 8th Avenue South, 3117 Olson Drive, with recommendation to grant exemption of increased value for three (3) years.

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

APPROVE FINDINGS, CONCLUSIONS AND RECOMMEN-
DATIONS FOR 2006, 2007 AND 2008 APPLICATIONS
FOR ABATEMENT AND SETTLEMENT OF TAXES

The staff report from the city assessor relating to findings, conclusions ands recommendations in the matter of 2006, 2007 and 2008 applications for abatement and settlement of taxes, with recommendation to incorporate the meeting transcripts, minutes, documentation, reports and exhibit which were utilized for the 2006 and 2007 applications into the record for the 2008 abatement applications; and adopt the findings for 2006, 2007 and 2008 applications.

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

APPROVE BUDGET AMENDMENTS

The staff report from the finance department relating to budget amendment for Special Assessment Fund, with recommendation to approve the budget amendment in the amount of $54,516.00 to increase special assessments for purchase of "tax sale" property for tax years 2003-2007.

The staff report from the finance department relating to budget amendment for Insurance Reserve Fund, with recommendation to approve the budget amendment in the amount of $31,465.00, for increased cost to Insurance Reserve Fund (2151).

It was moved by Council Member Kreun and seconded by Council Member Glassheim that these budget amendments be approved. Carried 6 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 6334, SEWER DISTRICT NO. 464

The city engineer's estimate of total cost of the construction of storm sewer in Shadyridge 8th Addition in the amount of $ , was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 6334, Sewer District No. 464, storm sewer in Shadyridge 8th Addition, with recommendation to approve plans and specifications for this project and further that the city auditor be directed to advertise for bids on the project.

Council Member Kreun introduced the following resolution which was presented and read: Document No. 9211 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 6335, PAVING DISTRICT NO. 638

The city engineer's estimate of total cost of the construction of paving and street lighting in Shadyridge 8th Addition in the amount of $ , was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 6335, Paving District No. 638, paving and street lighting in Shadyridge 8th Addition, with recommendation to approve plans and specifications for this project and further that the city auditor be directed to advertise for bids on the project.

Council Member Kreun introduced the following resolution which was presented and read: Document No. 9212 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 6433, PERMANENT LIFT STATION NO. 37

The staff report from the engineering department relating to plans and specifications for Project No. 6433, Permanent Lift Station No. 37, with recommendation to approve plans and specifications, direct engineering department to advertise project for construction bids, and approve project funding from the Wastewater Utility Fund #5200 through a revenue bond issue for Project No. 6433, Permanent Lift Station No. 37.

It was moved by Council Member Kreun and seconded y Council Member Glassheim that this recommendation be approved and that the plans and specifications be adopted. Carried 6 votes affirmative.

AWARD CONTRACT FOR PROJECT NO. 6351, SANITARY
SEWER REPAIRS, AND PROOJECT NO. 6352, STORM SEWER
REPAIRS

The staff report from the engineering department relating to bids for Project No. 6351, 2009 Sanitary Sewer Repairs and Project No. 6352, 2009 Storm Sewer Repairs, with recommendation to award contract to low bidder, United Crane & Excavation in the amounts of $65,827.50 and $79,227.50 for a combined bid of $145,055.00.for Project No. 6351 and Project No. 6352.

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

ACCEPT BID FOR LAGOON REHABILITATION
MATERIAL

The staff report from the director of public works relating to Wastewater Division Lagoon Rehabilitation material bid, with recommendation to approve bid of Berger Enterprises in the amount of $37,997.54.

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

ACCEPT BID FOR BUS FAREBOX, REVENUE AND
DATA COLLECTION SYSTEM

The staff report from the director of public works relating to Fargo Metropolitan Area Transit/Grand Forks Cities Area Transit Joint Validating Bus Farebox, Revenue and Data Collection System bid, with recommendation subject to final staff review, to approve bid of GFI in the amount of $219,730.00.

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

ACCEPT BID FOR VEHICLE LIFT SYSTEM FOR PUBLIC
WORKS

The staff report from the director of public works relating to vehicle lift bids via the State of Minnesota Cooperative purchase agreement, with recommendation to approve the bid of the Stertil-Koni vehicle lift system via the State of Minnesota Cooperative purchase agreement in the amount of $41,612.00.

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

APPROVE TRANSFER OF OWNERSHIP OF GRAND
FORKS TAXI AS CONTRACTED DIAL-A-RIDE/SENIOR
RIDER SERVICE PROVIDER

The staff report from the director of public works director relating to Grand Forks Taxi Dial-A-Ride/ Senior Rider contracted service provider, transfer in ownership, with recommendation that if the sale is completed between Mark and Jane Humble and Donald S. Cash regarding the purchase of Grand Forks Taxi, approve the transfer of ownership for Grand Forks Taxi as the contracted Dial-A-Ride/Senior Rider Service Provider.

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

AUTHORIZE STAFF TO PROCEED WITH APPLICATION
FOR NEIGHBORHOOD STABILIZATION PROGRAM
FUNDING
The staff report from the director of urban development relating to Neighborhood Stabilization Program (NSP), with recommendation to authorize staff to proceed with an application to the State for Neighborhood Stabilization funding for the acquisition/rehab/resale project.

It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 5 votes affirmative, with Council Member Bjerke voting against the motion.

ACCEPT PETITION TO VACATE PUBLIC UTILITY AND
ROADWAY EASEMENT WITHIN LOT 2, BLOCK 1, PERKINS
6TH ADDITION

The staff report from the Planning and Zoning Commission relating to petition from Development Homes for approval to vacate a public utility and roadway easement within Lot 2, Block 1, Perkins 6th Addition to the city of Grand Forks, ND for the purpose of construction of enhanced services apartments, with recommendation to give final approval to the petition and set a public hearing date as prescribed by law.

Al Grasser, city engineer, reported that since the Planning and Zoning Commission recommendations, they have met with reps. of Development Homes and that they have plans to do another expansion of those buildings, which takes them to the edge of the 30 ft. wide Minnkota easement and with R/W requirements and building setback would require them to move their buildings back and impact their building plans, and they are suggesting new recommendation from staff to take additional R/W and additional utility roadway and sidewalk easement, and when take the building setback from the R/W line it puts them back on the same location that they had originally intended. He stated there are some concerns because this is setting a precedent as we want to continue to acquire these R/W as replatting occurs and puts us in a position where we don't have to buy the R/W and can help extend our construction dollars on these projects. He stated they would like to pass the plat with the revised staff comments, however, recognizing that their full Board has not had a chance to review and approve this, are reserving the right that if the Board finds they have major issues with that, could address that later as a specific item with the city council.

Sandi Marshall, CEO of Development Homes, reported that after discussion with several members of the Board, they were not comfortable with coupling the two issues, the requested replat and the changes in R/W along Columbia Road. It was noted that this is time sensitive issue as they have to have full control of the property before the grant can be processed.

It was moved by Council Member Kreun and seconded by Council Member Christensen to approve recommendation, that it be filed with the city auditor, and that a notice of public hearing be published as required and the public hearing be set for Monday, June 15, 2009 Carried 6 votes affirmative.

INTRODUCE ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUE PUBLIC R/W SHOWN AS
DEDICATED ON THE REPLAT OF LOT 2, BLOCK 1,
PERKINS SIXTH RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Development Homes for the final (fast track) approval of the Replat of Lot 2, Block 1, Perkins Sixth Resubdivision to the city of Grand Forks, ND (located at 3880 South Columbia Road), with recommendation to give final approval to the plat and preliminary approval to the Street and Highway Plan, subject to the conditions shown on or attached to the review copy and to schedule a public hearing for June 15, 2009.

It was moved by Council Member Kreun and seconded by Council Member Gershman to give preliminary approval including staff comments as stated tonight for the requested replat. Carried 6 votes affirmative.

Council Member Kreun 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 Replat of Lot 2, Block 1, Perkins sixth Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

APPROVE FINAL PLAT OF REPLAT OF LOT 7, BLOCK 2,
BLAIR-SATROM-BAUKOL ADDITION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Duane and Darlene Anderson and U.S. Bank for final (fast track) approval of the Replat of Lot 7, Block 2, Blair-Satrom-Baukol Addition to the city of Grand Forks, ND (located at 2202 and 2206 Fallcreek Court), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy to include approval by the Inspections Department of the common wall.

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

APPROVE FINAL APPROVAL OF REPLAT OF PART
OF BLOCK 3, WESTWARD ACRES SUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd on behalf of SAJ, LLP for final (fast track) approval of the Replat of Part of Block 3, Westward Acres Subdivision to the city of Grand Forks, ND (located in the 2100 block of DeMers Avenue), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, including a variance from Section 18-0204(B) Definition of a Minor Subdivision.

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

APPROVE CONDITIONAL USE PERMIT FOR INSTALLING
UNDERGROUND FUEL TANKS IN VERN'S ADDITION

The staff report from the Planning and Zoning Commission relating to request from Mike Gowan on behalf of Gowan Construction for approval of a conditional use permit (CUP) for Lot A, Block 1, Vern's Addition to the city of Grand Forks, ND (located at 1601 North 73rd Street) for the purpose of installing three underground fuel tanks, with recommendation to give approval to the conditional use permit subject to conditions: 1) the fueling facility shall conform to the regulation of NDCC Chapter 33-24-08 for underground storage facilities; 2) final approval of the detailed development plan and facility, subject to review and approval of the city environmental staff and that all environmental requirements be met for the facility.
It was moved by Council Member Kreun and seconded by Council Member Glassheim 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 PLAT OF BORDER PATROL STATION
ADDITION

The staff report from the Planning and Zoning Commission relating to request from Webster Foster Weston on behalf of Muriel I. Saumur for preliminary approval of the Plat of Grand Forks Border Patrol Station Addition to the city of Grand Forks, ND (located at 1816 17th Street NE), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance to amend the Street and Highway Plan and schedule a public hearing for June 15, 2009.

Brad Gengler, city planner, reported they have been working with GSA, Border Patrol and number of others on a development team, the plat is on the very edge of our former 2 to 4 mile zoning jurisdiction, County 5 which is the westerly part of the project was on the 4 mile line. This request had been presented to the City prior to May 1, which is the deadline., and follows suit with those zoning rules that were in place on May 1. The Aquest Development has presented it to the County Board of Commissioners for informational purposes, and tonight we have preliminary plat and the preliminary rezoning request to allow the project to proceed. The County Board of Commissioners will meet tomorrow on a proposed moratorium for new developments or new zoning requests in the 2 to 4 mile ET and at the County level they are going to propose it to be a 90-day moratorium, won't impact existing platted properties.

Council Member Kreun reported that there are no holding cells at this facility, not an incarceration facility, people transported to from that facility after paperwork is done to an appropriate facility, mainly office square footage.

Mr. Gengler reported papers had been submitted prior to May 1, plat request and rezoning request so we are operating under the notion that this does qualify under that specific provision in State law. He reported he has been keeping Township Board up to date and as governing body they are aware of the plans and when get to the public hearing process, formal notices will go out to identify the meeting date, etc. and public comment period will start. He stated that he has not received any formal correspondence re. any of these decisions. He noted this will be privately owned and there will be a long term lease with the Border Patrol and will be subject to the local taxes, not city taxes but county or township.

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

Council Member Kreun 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 Border Patrol Station Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE BORDER PATROL STATION
PLANNED UNIT DEVELOPMENT, CONCEPT DEVELOPMENT
PLAN, ALL OF THE BORDER PATROL STATION ADDITION

The staff report from the Planning and Zoning Commission relating to the request from Webster Foster West on behalf of Muriel I. Saumur for preliminary approval of an ordinance to amend the zoning map to exclude from the A-1 (Agricultural Preservation) District, and to include within the Grand Forks Border Patrol Station Planned Unit Development (PUD), Concept Development Plan, all of Grand Forks Border Patrol Station Addition to the city of Grand Forks (located at 1816 17th Street NE), with recommendation to give preliminary approval to the ordinance and to schedule a public hearing for June 15, 2009.

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

Council Member Kreun 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 A-1 (Agricultural Preservation) District and to include within the Border Patrol Station Planned Unit Development (PUD, Concept Development Plan for all of the Border Patrol Station Addition to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading.

ALERUS CENTER EVENT OPERATIONS FUND

Steve Hyman, executive director of Alerus Center, reported that the Alerus Center Commission has asked him to make a request through the policy and procedure that was just adopted by the city council on May 4, and that policy provides for a request for additional cash for operational event needs in a given fiscal year and while this falls under the amendment it is funding for 2009. The Commission is requesting $250,000 be placed in that event/operations fund and will follow the adopted policy, and that it is desire of the Commission to fulfill its mission statement - to provide premier entertainment and events that stimulate economic impact and provide the quality of life for Grand Forks area citizens. The combined funds and the mission statement and the dollar amount follow the adopted policy and procedure of the city council.

It was moved by Council Member Kreun and seconded by Council Member Christensen to approve the request of the Alerus Center Commission. Upon call for the question and upon voice vote, the motion carried 5 votes affirmative, Council Member Bjerke voted against the motion.

SUSPEND AGENDA RELATIVE TO CONSIDERATION OF
NEGOTIATIONS FOR ACQUISITION OF PROPERTY

The matter of negotiations for acquisition of property was presented to the city council, with notation that the city council may go into executive session pursuant to North Dakota Century Code Section 44-04-19.1 and 44-04-19.2 for discussion on negotiation strategies and instructions regarding potential acquisition of property.

It was moved by Council Member Kreun and seconded by Council Member Christensen to suspend the agenda relative to consideration of negotiations for acquisition of property just prior to adjournment of the city council. Carried 6 votes affirmative.

INFORMATIONAL ITEMS

The Portfolio Management/Summary as of April 20, 2009 was presented as an informational item.

The Statement of Changes in Cash Balances as of April 30, 2009 was presented as an informational item.

APPROVE BILL LISTING

Vendor Payment Listing No. 09-10, dated May 14, 2009, totaling $863,583.92, was presented and read.

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

APPROVE MINUTES MAY 4 AND 11, 2009

Typewritten copies of the minutes of the city council held on Monday, May 4, 2009 and Monday, May 11, 2009 were presented and read. Council Bjerke noted correction to the May 4 minutes to include vote on item relating to creation of special assessment district for Sewer Project No. 6334,s and moved that minutes be approved subject to the correction, seconded by Council Member Kreun. Carried 6 votes affirmative.

MATTER OF NEGOTIATIONS FOR ACQUISITION OF
PROPERTY AND MOVE INTO EXECUTIVE SESSION

It was moved by Council Member Gershman and seconded by Council Member Bjerke to adjourn into executive session pursuant to NDCC Section 44-04-19.1 and 44-04-19.2 to allow for discussion on negotiation strategies and instructions regarding potential acquisition of property. Carried 6 votes affirmative. Time was 6:06 p.m.

RECONVENE FOLLOWING EXECUTIVE SESSION

The city council reconvened at 6:40 p.m. following executive session with all members present.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Christensen that we adjourn. Carried 6 votes affirmative.

Respectfully submitted,



Saroj Jerath
City Auditor
Approved:
________________________________
Michael R. Brown, Mayor