City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 20, 2010

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, September 20, 2010 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call: Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7.

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:
Police Department will be holding an awards ceremony on Wednesday, September 22, 2010 at 2:00 p.m. in the lower level of the Police Building, awards will be presented to several citizens for outstanding contributions to the department and police department employees will also be recognized in several areas, including the Sgt. Wayne "Andy" Anderson meritorious service award. Congratulations to all recipients.
That he, Members Kreun and Grandstrand and County Commissioner Gary Malm and city staff will be traveling as a delegation to western North Dakota, planning to learn about oil impacts, infrastructure needs, and will also be sharing what is going on in Grand Forks and connecting with our counterparts in an effort to bridge understanding and build partnerships for future efforts, including upcoming legislative session. Will be meeting with officials in Stanley, Tioga, Williston and Dickinson and then meet with the annual League of Cities meeting in Bismarck. Appreciative of the time council members are giving to this effort and the support of those who weren't able to attend. Council Member Kreun stated they offered to reciprocate on October 2 and 3 as individuals that we meet with will be coming to Grand Forks and giving them a tour of our city.
The invitation of Congressman Pomeroy and the opportunity to host two members of the United Kingdom Parliament, M.P. David Anderson and M.P Thomas Docherty, they visited with the International Studies class, with EERC and LM Windpower, marched in the Potato Bowl parade and were given a quick tour by Council President Gershman. Thanks to Mr. Gershman for being our ambassador.
We were pleased to participate this afternoon in the kickoff for the Big Read in Grand Forks, we are one of 75 communities in the country and only one in a 5 state region and look forward to working with the authors, Tim O'Brien and Lois Lowery to promote reading and reinvigorate our community to a common dialogue.
Congratulations to UND football team for a huge win on Saturday
Congratulations to everyone involved with Potato Bowl Week, including French Fry Feed and parade.

PRESENTATION RE. ADVENTURE RACE

Andy Magness presented information relating to the Adventure Race held two weeks ago, which included 30 teams, and showed a brief video of portions of events during the Race.

EMPLOYEE RECOGNITION

Mayor Brown reported there were 9 city employees who have reached employment milestones and recognized the following employees and thanked them for their dedication:
Dean Wylot, 30 years, street department
Hazel Sletten, 25 years, water utilities superintendent
Ken Stevenson, 25 years, wastewater/stormwater department
Mike Strandell, 20 years, public works department
Carolyn Schalk, 20 years, planning department
Ricky Stumphf, 15 years, building and grounds worker, police department
Mike Graba, 25 years, fire department
Garret Hjelle, 10 years, fire department
Rod Freitag, 5 years, fire department

TABLE ORDINANCE AMENDING STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATEDON THE PLAT OF HIGHLAND POINT FOURTH 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 Highland Point Fourth Addition, Grand Forks, North Dakota", which had been tabled on August 16, 2010, was presented and read for consideration.

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 Crary Development, Inc. for final approval of the plat of Highland Point Fourth Addition to the city of Grand Forks, with recommendation to table the request for final approval of the plat, subject to 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 Gershman and seconded by Council Member Bjerke to approve the recommendation to table. Carried 7 votes affirmative.

TABLE ORDINANCE AMENDING ZONING MAP TO INCLUDE WITHIN HIGHLAND POINT FOURTH PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF HIGHLAND POINT FIRST, THIRD AND FOURTH ADDITIONS AND UNPLATTED LANDS LYING IN SECTION 21, T151N, R50W OF 5TH P.M.

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota to rezone and exclude from the Highland Point PUD (Planned Unit Development) Concept Development Plan and to include within the Highland Point Fourth PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Highland Point First, Third and Fourth Additions and also to include unplatted lands lying in Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian to the city of Grand Forks, North Dakota", which had been tabled on August 16, 2010, was presented and read for consideration.

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 Crary Development, Inc. for final approval of ordinance to amend the zoning map to exclude from Highland Point PUD, Concept Development Plan, and to include in Highland Point PUD, Amendment No. 1, all of Highland Point First, Third and Fourth Additions, and also to include unplatted lands lying in Section 21, Township 151 North, Range 50 West of the 5th Principal Meridian, (all located between South Washington Street and South 20th Street and between 36th Avenue South and 40th Avenue South), with recommendation to table final approval of the ordinance.

It was moved by Council Member Gershman and seconded by Council Member Bjerke to approve the recommendation to table. Carried 7 votes affirmative.

APPROVE FINAL PLAT, ADOPT ORDINANCE NO. 4306, AMENDING STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT OF HOMESTEAD GROVE FOURTH 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 Homestead Grove Fourth Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 16, 2010, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

The staff report from the Planning and Zoning Commission relating to request from AE2S on behalf of the Grand Forks Park District for final approval of the plat for Homestead Grove Fourth Addition to the city of Grand Forks (located east of South 11th Street between 40th Avenue South and 47th 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 Glassheim and seconded by Council Member Sande that this recommendation be approved.

Council Member Bjerke stated that the Planning and Zoning Commission minutes state and concept is that the wellness center will be built under special assessments referring to the infrastructure as it relates to the stormwater ponds. He stated relative to the plat for the Park District property, if private businesses including Altru were to locate on this plat, or if a private business were to locate inside a building owned by a governmental entity, would they be required to pay property taxes. Mel Carsen, city assessor, stated that it would be taxable for any private business. However, Howard Swanson, city attorney, stated he would add a caveat, that he doesn't know what they are doing at those locations, they may or may not be taxable depending upon what activities they are undertaking at the location. In most cases the city assessor determines based upon the facts of 1) who is the entity and 2) what activities are they doing on the location of the premises. All property tax exemptions would come from State law, the City has no authority to independently determine exemptions except in instances such as new expanding business, etc. He stated there are a series of different non-profit corporations generally referred to as Altru - the hospital services are not taxable, clinic services are.

Upon call for the question on the motion to adopt the staff report and upon voice vote, the motion carried 7 votes affirmative.

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

ADOPT ORDINANCE NO. 4307, AMENDING ZONING MAP TO INCLUDE WITHIN HOMESTEAD GROVE PUD, CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF HOMESTEAD GROVE FOURTH 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 Homestead Grove PUD (Planned Unit Development), Concept Development Plan, and to include within the Homestead Grove PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Homestead Grove fourth Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 16, 2010, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

Mayor Brown opened the public hearing.

Brad Gengler, city planner, reported there were some additions that need to be added to the zoning for the entire property, and need to identify on the zoning document medical related facilities are a permitted use; to add public buildings in all zoning districts, public buildings identified as a use, long term shared parking agreements and because the entire site itself isn't necessarily planned out, the Planning Department should have the authority to review and approve future shared parking agreements depending on what different types of entities. Because we don't have the buildings necessarily in place on a final site plan, thinks the Planning Department should be in a position to work through landscaping issues where the site abuts the properties to the east, and would like added to the Planned Unit Development that a master landscaping plan be reviewed and approved by the Grand Forks City Planning Department.

Council Member Christensen stated that oversight that was suggested by the Planning Department, with a caveat, that if someone chooses to disagree with the decision of Planning, the appeal lies with the city council and that any amendments are subject to an appeal to the city council.

Council Member Gershman stated re. the apartment complex that is being built at the civic auditorium, there have been some discussions with the City that there could be some shared parking if we acquire some land that might be used, and are trying to treat businesses the same, esp. in that particular case, but people involved are fairly amenable to that.

Mayor Brown closed the public hearing.

The staff report from the Planning and Zoning Commission relating to request from AE2S on behalf of the Grand Forks Park District for final approval of an ordinance to amend the zoning map to rezone and exclude from Homestead Grove PUD (Planned Unit Development), Concept Development Plan, and to include within the Homestead Grove PUD, Amendment No. 1, Concept Development Plan all of the plat for Homestead Grove Fourth Addition to the city of Grand Forks, ND (located east of South 11th Street between 40th Avenue South and 47th Avenue South), with recommendation to give final approval to the rezoning, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Christensen and seconded by Council Member Kreun that the recommendation be approved and further that the amended information presented by the city planner be included in the PUD. Carried 7 votes affirmative.

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

ADOPT ORDINANCE NO. 4308, ANNEXATION OF HOMESTEAD FOURTH ADDITION AND UNPLATTED PARTS WEST THEREOF TO THE CITY OF GRAND FORKS

An ordinance entitled "An ordinance to annex all lands platted as Homestead Grove Fourth Addition and unplatted parts west thereof, to the city of Grand Forks, North Dakota, not previously annexed, together with the full width of all platted streets and public rights of way contiguous thereto", which had been introduced and passed on its first reading on August16, 2010 and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

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

ADOPT ORDINANCE NO. 4309, ANNUAL APPROPRIATION BILL FOR 2011

An ordinance entitled "The Annual Appropriations Bill for 2011" appropriating the sums of money necessary to defray expenses and liabilities of the city of Grand Forks, North Dakota, and making the annual tax levy for the fiscal year beginning January 1, 2011 and ending December 31, 2011", which had been introduced and passed on its first reading on September 7, 2010 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

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

There were comments by the members of the city council relating to the final budget for 2011.

It was moved by Council Member Kreun and seconded by Council Member Christensen to adopt the ordinance.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Grandstrand, Gershman, Christensen, Sande, Kreun - 5; voting "nay": Council Members Bjerke, Glassheim - 2. Mayor Brown declared the motion carried.

Mayor Brown thanked department heads, Mr. Duquette and Ms. Jerath, Maureen Storstad and Candice Stjern for their work on this budget and agrees that we have great group of departments and staff working for the city.

APPROVE REAPPOINTMENT TO GROWTH FUND COMMITTEE

The staff report from Mayor Brown relating to Growth Fund Committee reappointment, with recommendation to confirm reappointment of Dwight Thompson to the Growth Fund Committee with term expiring November, 2013.

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

SET DATE FOR PUBLIC HEARING ON 2010-2014 CONSOLIDATED PLAN UPDATE AND CDBG AND HOME PROGRAMS

The staff report from the urban development director relating to 2010-14 Consolidated Plan Update and 2011 CDBG and HOME Programs, with recommendation to discuss the 2011 funding recommendations, draft Consolidated Plan and Citizen Participation Plan, and set November 1 as the public hearing date to approve 1) the 2010-14 Consolidated Plan, b) 211 CDBG/HOME fund recommendations, and c) the updated Citizen participation Plan.

It was moved by Council Member Bjerke and seconded by Council Member Gershman to set the date for public hearing as November 1, 2010. Carried 7 votes affirmative.

REJECT BIDS FOR SALE OF REAL PROPERTY AT 5702 70TH AVENUE NORTH

The staff report from the director of public works relating to sale of residential real estate property at 5702 70th Avenue North, was presented to the city council with no recommendation.

Council Member Bjerke moved to reject all the bids, seconded by Council Member Kreun.

Mr. Swanson stated that if their intention is not to accept the bids and to try to set a sales price, can notify the realtors that the property is for sale, the City cannot sign an exclusive listing agreement, there are some issues with regard to the sale of this property, it is subject in part to a long term lease for some of the buildings or one of the buildings on the premise that is a factor that will affect overall pricing. He stated they can have a non-exclusive listing agreement with realtors, have done that on various occasions - realtor fees are pretty well established throughout the city. If the council wants to try to do an exclusive listing can research to see if available, generally we have not done that before; and with a multiple listing, any realtor has access to the potential of sale of that property as opposed to an exclusive listing where it is only one realtor.
Mr. Feland reported that an appraisal was done on the property by Joan Johnson in 2008 with value of $190,000, and received bid for $108,000, that he conferred with Mr. Carsen who suggested that he would be willing to work on what a base price should be, but needs a little time to do that. He suggested a motion to reject the bids and bring it back to committee once Mr. Carsen has had an opportunity to look at some data with what he thinks is a reasonable value on that property.

Council Member Bjerke moved to include addition to the motion to refer this back to committee when staff can bring the appropriate information to the committee. Council Member Kreun accepted the friendly amendment to the motion. Motion carried.

Council Member Bjerke stated that there are two additional properties in this area that he has attempted to stop our continual negotiations on this property, not sure why continue to talk to these two properties. Mayor Brown stated they would need a motion to suspend the agenda to allow you to add that to the agenda tonight. Council Member Bjerke moved to suspend the agenda to allow consideration of this item, seconded by Council Member Christensen. Motion carried 7 votes affirmative.

Mr. Feland reported there are two residential properties, one is the Scott property and the other is the Jose property which are in the same vicinity - currently both those properties have appraisals and have hired attorneys and working primarily with our city attorney's office.

Council Member Christensen stated he is unclear as he thought he was involved in the negotiations on the Scott property but hasn't heard anything on that for some time; that the property on which we received the bids on is owned by the City, and the two other properties are continuation of our "good neighbor" policy. He stated that we need to get the property listed for sale on multiple listing and only question would be on the commission to be paid and the listing price - that Mr. Carsen can give us the listing price and realtor's commission would be between 0 and 6%. He stated to get the other two properties on the agenda for discussion, either do it or discontinue the "good neighbor" policy.

Council Member Bjerke stated they need to set a date or will continue discussing these two properties. Mr. Kreun stated there has been a committee that has been formed already to look and deal with this, and what asking for is to put a deadline on it. Mr. Christensen stated he was involved and that he was to do the negotiations on the one, and didn't realize we were involved in negotiations with the other landowner, Jose's. Mr. Feland stated they haven't had any negotiations with them, they had an appraisal and had a meeting to hear the appraisal and they haven't given us anything back for discussion, and not sure if decided to get another appraisal - but that the city attorney's office was talking with their attorney.

Mr. Swanson stated there has been very little activity or negotiations and would ask that you refer this to one of the committees, that his office will give detailed report on the status and that would allow you with that information to set a deadline, that his office would appreciate having a deadline.

Council Member Kreun moved that it be referred to the finance committee, seconded by Council Member Gershman. Carried 7 votes affirmative.

APPROVE APPLICATION FOR CLASS 4 (FOOD AND BEVERAGE ESTABLISHMENT) LICENSE FOR GRAND FORKS RESTAURANTS, INC.

The staff report from the finance department relating to application by Grand Forks Restaurants, LLC dba Jake's 4401 South Washington Street, for Class 4 (Food and Beverage Establishment) alcoholic beverage license, with recommendation to approve application for Class 4 alcoholic beverage license subject to approval by various departments, including city attorney, police, fire, health and inspections departments and meeting the requirements of the City Code.

Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Christensen and Bjerke. Carried 6 votes affirmative.
It was moved by Council Member Kreun and seconded by Council Member Sande to approve the recommendation. Carried 5 votes affirmative, Council Member Bjerke voting against the motion and Council Member Gershman recused.

RECEIVE AND FILE TRAFFIC CONTROL ZONE/STREET CLOSURE FOR 1ST AVENUE NORTH FROM NORTH 6TH STREET

The staff report from the engineering department relating to receive and file long term traffic control zone/street closure for 1st Avenue North from North 6th Street, south for 270+ feet.

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

APPROVE CHANGE ORDER FOR PROJECT NO. 6521, BIKE PATH MAINTENANCE

The staff report from the engineering department relating to Change Order #2 for Project No.6521, Bike Path Maintenance, with recommendation to approve the Change Order #1 in the amount of $5,929.43.

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

DECLARE FIRE ENGINE AS SURPLUS AND DONATE TO NIAGARA, ND FIRE DEPARTMENT

The staff report from the fire department relating to declaring fire engine 519 (1974 Seagrave engine) as surplus property and donate to Niagara, ND fire department, with recommendation that if no city department is interested in acquiring the unit, donate to the Niagara ND fire department.

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

APPROVE PLANS AND SPECIFICATIONS FOR CENTRAL FIRE STATION ENERGY EFFICIENCY RETROFIT

The staff report from the fire department relating to plans and specifications for Central Fire Station energy efficiency retrofit, with recommendation to approve plans and specs. and allow bidding process to begin.

There was some discussion relative to employees providing $10,000 in-kind labor on the project, and it was noted that the firefighters will be providing some demolition, painting of walls and general labor within the building and there is support from the firefighters to do this work. It was also noted that employees are on duty when doing the in-kind work and would be covered under normal Worker's Comp.

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

APPROVE REPORT FROM MPO ON QUIET ZONE ASSESSMENT STUDY AND DIRECT THAT PORTION OF THE REPORT RE. MILL SPUR STUDY RECEIVE FURTHER REVIEW BY COMMITTEE

The staff report from the executive director of MPO relating to matter of approval of Report from MPO on Quiet Zone Assessment Study and Mill Spur Railroad Crossing Improvements Feasibility Study, with recommendation to approve reports.

Council Member Bjerke stated he had concerns relating to Mill Spur Railroad Crossing Improvements Feasibility Study because of the cost of the 10 crossings, total of over $3.2 million; that project increased from quiet zones to include landscaping, fencing, bikepaths, etc.; and in looking at funding sources, is concerned about taking money out of roadwork for this project. He asked that they split the motion.

Council Member Bjerke moved to accept Report on Quiet Zone Assessment Study (Downtown or West Grand Forks Quiet Zone); seconded by Council Member Grandstrand.

There was some discussion relative to a unit train (100-car train), that it would require closing of streets for various lengths of time, Bacon Road, US Highway 2 and other streets along this corridor. Nancy Ellis, senior planner for MPO, stated the unit train was briefly addressed and stated at that time that it was not feasible and that is as far as they went with that in the Study, the Study was to address the neighbors request to the City and the City requested MPO how could they quiet the Mill Spur and they provided recommendations and possible funding sources to quiet those different intersections if the City so chooses to implement but didn't address the possibility of accepting a unit train.

Council Member Glassheim stated his understanding of what doing tonight is accepting the Report, does not mean we are appropriating any money, not committing to any of these projects - and that the Downtown project will be going forward with specific items and the Mill Study will not going forward. Furthermore, his understanding is not every piece that is in the Study has to be done, and would be in a position to take advantage of some money from the State for the smaller closures if it comes through but this will come back through council and you will have a chance to approve or not - we are not committing to any of these projects by accepting the Report, and if you don't accept the Report, then cannot do any of them - and asked that they reject this motion.

Mr. Grasser stated that the City has asked the MPO to request federal money to study various things, and in this case the two quiet zones, and that the MPO needs to put closure to the Study, and his suggestion has been to either accept the report or to receive and file the report, approval may infer that we are planning on moving ahead with this project, that MPO has completed the report and are now accepting that report - it contains valuable information and can have future conversations about whether we want to pursue it or not.

Upon call for the motion by Council Member Bjerke and Council Member Grandstrand to approve the Report entitled Quiet Zone Assessment, and upon voice vote, the motion carried 7 votes affirmative
Council Member Christensen moved to accept the Report subject to directing staff not to proceed with the Mill Spur Railroad Crossing Improvements Feasibility Study until it has been reviewed by both committees and bring back to city council for further approval. Council Member Kreun seconded the motion.

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative, Council Member Bjerke voted against the motion.

APPROVE FINAL PLAT OF GIBBS RESUBDIVISON

The staff report from the Planning and Zoning Commission relating to matter of the request from Advanced Engineering and Environmental Services, Inc. (AE2S) on behalf of Residual Materials, Inc. for final approval (fast track) of the Plat of Gibbs Resubdivision to the city of Grand Forks, ND (located at 2302 State Mill Road), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy and including a variance from Section 18-0204 Rules and Definitions, Subsection (2) Definitions; definition of minor subdivision.

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

ACCEPT PETITION TO VACATE UTILITY EASEMENT LYING WITHIN LOT B, BLOCK 1, C & N 2ND RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to request from WKT Properties, LLC for approval to vacate a utility easement lying within Lot B, Block 1, C & N 2nd Resubdivision to the city of Grand Forks, ND (located at 2400 Gateway Drive), with recommendation to give final approval to the petition and set a public hearing date as prescribed by law.

It was moved by Council Member Bjerke and seconded by Council Member Kreun 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, that a notice of public hearing be published as required and the public hearing be set for Monday, November 1, 2010. Carried 7 votes affirmative.

INFORMATIONAL ITEMS

The Statement of Changes in Cash Balances as of August 31, 2010, was presented for council's information.

APPROVE BILL LISTING

Vendor Payment Listing No. 10-18, dated September 16, 2010, totaling $1,113,259.70 was presented and read.

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

APPROVE MINUTES SEPTEMBER 7, 2010

Typewritten copies of the minutes of the city council held on Tuesday, September 7, 2010 were presented and read. Council Member Bjerke noted a correction in the vote relating to the item regarding Project No. 6144, vote should be 7 votes affirmative. It was moved by Council Member Bjerke and seconded by Council Member Grandstrand that the minutes be approved as corrected. Carried 7 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Bjerke stated re. finance committee minutes there was to be a report that was going to be sent out on how the money for Base Retention was to be spent. It was noted that the report would be given to all council members.

2) Council Member Gershman stated that the two members of Parliament were very gracious and were very impressed with the neighborhood input for the floodwall design and also liked the greenway concept, etc. - very nice visit and appreciated the opportunity.

ADJOURN

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

Respectfully submitted,

Saroj Jerath
City Auditor

Approved:
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Michael R. Brown, Mayor