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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 4, 2007

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, September 4, 2007 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; absent: none.

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.

Boy Scout Pack 166, Kelly School, led the council in the pledge of allegiance to the flag, Dave Relling troop leader.

Mayor Brown commented on various items during the past week and upcoming events:
This week we were saddened by the passing of Duane Lunak. President Gershman read a resolution in memoriam for Duane Lunak, former Grand Forks city council member. Erica Lunak and Ben Lunak thanked the council members for recognizing their dad and that he was proud to serve on the council

This has been a difficult week for the residents of Northwood but encouraging to see the progress they have made, and can see determination coming through with all the efforts to build their homes in their community. He stated it was good to see the level of assistance by volunteers from around the region, from organizations like Salvation Army and Lutheran Disaster Response to the individuals and families who are lending a hand and these people demonstrates one of the things that makes our area such a special place to live. He thanked Grand Forks residents for their efforts, businesses and UND football team. He asked Mr. Duquette for a brief account of how the City has been responding.

Rick Duquette, city administrator, stated that during this past week they still have about 12 streets/sanitarian workers in Northwood, 10 trucks and 2 loaders helping with debris removal. The health department is providing nursing staff at the Northwood shelter for assistance and services, they had a tetanus vaccination clinic and did 165 vaccinations; and our building inspections department has 4 inspectors working and doing structural and asbestos inspections, etc. and other inspections related to buildings and homes, and have set up a one-stop contractor registration station to help with contractors coming into the area. The IS department is providing laptops and printers to help with some of the administrative functions and fire department has returned back to Grand Forks after spending a week there. He stated we are continuing to be involved and working with Northwood.

Kim Greendahl, Greenway, reported on an annual event this coming Sunday, Tour of the Trails, hosted by the Grand Forks Park District from 1:00 p.m. to 4:00 p.m. at Lincoln Drive Park and the event is to show off the trail system in our community. She stated they would be celebrating an achievement in the greenway project - that in June of this year the U.S. Department of the Interior, National Park Service, awarded the Grand Forks and East Grand Forks greenway trails the designation as a national recreation trail, and is a high honor for us. Ms. Greendahl presented Mayor Brown with the plaque they received in June of 2007 from the United States Department of Interior, National Park System, each of the cities of Grand Forks and East Grand Forks received a plaque.


ADOPT ORDINANCE NO. 4202, RELATING TO POWERS
AND DUTIES OF GRAND FORKS GROWTH FUND

An ordinance entitled "An ordinance amending Section 24-0104 of the Grand Forks City Code relating to powers and duties of the Grand Forks Growth Fund", which had been introduced and passed on its first reading on August 20, 2007, was presented and read for consideration on second reading and final passage.

Mayor Brown opened a public hearing to see if there were any comments, there were none.

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

ADOPT ORDINANCE NO. 4203, RELATING TO WATER
CONSERVATION, DROUGHT MANAGEMENT AND
DEMAND REDUCTION PLAN

An ordinance entitled "An ordinance adopting Article 7 of Chapter XV of the Grand Forks City Code relating to water conservation, drought management and demand reduction plan", which had been introduced and passed on its first reading on August 20, 2007, was presented and read for consideration on second reading and final passage.

Mayor Brown opened a public hearing to see if there were any comments, there were none.

It was noted that the ordinance requires a date establishing the plan and that the date would be 4 July 2007.

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

HOLD PUBLIC HEARING AND ISSUE FINAL ORDER FOR
DEMOLITION OF SUBSTANDARD BUILDING AT 1109
1ST AVENUE NORTH

The city auditor reported that notice of a hearing to be held this evening on the matter of substandard building (dwelling) located at 1109 1st Avenue North had been mailed (certified) to the owner of the property, said property being in substandard condition

Mayor Brown opened the public hearing.

Robert Bergeron, 1105 1st Avenue North, stated there had been a fire at the residence about 5 months ago and residence had been in disrepair for many years before that.

Bev Collings, inspections, stated she had presented information requesting that the dwelling be found substandard under Grand Forks City Code, Section 10-0401, subsections 1, 2, 4, 5, 6, 8 and 9, that this house has been in disrepair for several years, that there was a fire in April, that the property was on the tax rolls before the fire at $13,900, and repairs are in excess of 50% of that value.

Mayor Brown closed the public hearing.

It was moved by Council Member Glassheim and seconded by Council Member Bakken that we find the structure to be substandard as defined by Section 10-0401 of the Grand Forks City Code, subsections 1, 2, 4, 5, 6, 8 and 9; 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 buildings stands or did stand; and subject to findings by the city attorney.

Mayor Brown reopened the public hearing.

Tim Hardy, 1109 1st Avenue North, stated that in his opinion the house has not changed structurally since the day before he bought the house, that he has bought materials for his house half of which are installed and used and balance of materials waiting in his yard to be installed, that he has been landscaping his property; that he has a lot more to say but doesn't know that it will affect their decision; and that he has nowhere to go. He stated he is willing to work but would like to be left alone, that he keeps complaining but council is the authority, but that a little more fact gathering wouldn't hurt.

Ms. Collings stated that the City has been deficient in not acting sooner on this property, have tried very hard to work with this gentleman to get repairs, that they are very concerned because he is living in the structure, that there is no electricity and has not been since before the fire in April, fire was fairly extensive charring of interior structural elements, several windows gone and no proper access to the home nor to the facilities in the basement. She stated they did not include the accessory building in the condemnation report because it is structurally in good shape but are concerned because they do not want it to be lived in after the other structure is gone; the health department has had this gentleman in court several times (last week) on the yard as condition of the yard is in terrible shape and has been for many years, and since April have seen no progress, and property taxes are in arrears in excess of 5 years.

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

COUNCIL MEMBER BROOKS REPORTED PRESENT

HOLD PUBLIC HEARING ON APPLICATION FOR MOVING
PERMIT TO MOVE BUILDING FROM FAIRDALE, ND TO
5410 WEST PLUM DRIVE

The city auditor reported that the notice of public hearing on the application by Ron Holth to move a dwelling w/attached garage from Fairdale, ND to 5410 West Plum Drive to be used as a dwelling had been published and posted as required.

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

The staff report from the building and zoning administrator relating to public hearing for moving permit application to move a dwelling with attached garage from Fairdale, ND to 5410 West Plum Drive, with recommendation to approve the moving permit to move the dwelling with garage, subject to meeting any conditions established.
It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.

HOLD PUBLIC HEARING ON APPLICATION FOR MOVING
PERMIT TO MOVE GARAGE TO 1414 SOUTH 9TH STREET

The city auditor reported that the notice of public hearing on the application by Trent and Lisa Ertman to move a garage from 1422 South 9th Street to 1414 South 9th Street to be used as a garage had been published and posted as required.

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

The staff report from the building and zoning administrator relating to public hearing for moving permit application to move a garage, to be used as a garage, from 1422 South 9th Street to 1414 South 9th Street, with recommendation to approve the moving permit to move the garage, subject to meeting any conditions established.

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

APPROVE PLEDGED COLLATERAL REPORT

The staff report from the finance department relating to the pledged collateral report. with recommendation to approve the pledged security report.

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

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 5727, COLUMBIA ROAD
OVERPASS REPAIRS

The staff report from the engineering department relating to Amendment No. 1 to engineering services agreement with Interstate Engineering, Inc. for Project No. 5727, Columbia Road Overpass Repairs, with recommendation to approve Amendment No. 1 for additional design engineering and construction administration services in the amount of $11,385.00.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND APPROVE
FINAL COST FOR PROJECT NO. 5703.1, DISTRICT NO. 608.1

The staff report from the engineering department relating to creation of special assessment district for Project No. 5703.1, District No. 608.1, paving 47th Avenue South (S. Washington Street to Belmont Road), with recommendation to approve the engineer's report, create special assessment district and approve final cost for Project No. 5703.1, District No. 608.1

Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9077 - Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 5703.1, District No. 608.1: Document No. 9078 - Report.

It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved and that the resolution creating the special assessment district and the engineer's report be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolution adopted.

APPROVE ENGINEER'S REPORT, CREATE SPECIAL
ASSESSMENT DISTRICT FOR PROJECT NO. 5767.2,
DISTRICT NO. 610.2, AND APPROVE FINAL COST

The staff report from the engineering department relating to creation of special assessment district for Project No. 5767.2, District No. 610.2 paving South 20th Street from 36th Avenue South to 40th Avenue South, with recommendation to approve engineer's report, create special assessment district and approve final cost for Project No. 5767.2, District No. 610.2

Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9079 - Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 5767.2, District No. 610.2: Document No. 9080- Report.

It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved and that the resolution creating the special assessment district and the engineer's report be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolution adopted.

APPROVE ENGINEER'S REPORT, CREATE SPECIAL
ASSESSMENT DISTRICT FOR PROJECT NO. 5940.1,
DISTRICT NO. 620.1

The staff report from the engineering department relating to creation of special assessment district for Project No. 5940.1, District No. 620.1, paving South 20th Street (40th Avenue South to 44th
Avenue South), with recommendation to approve engineer's report, create special assessment district and approve final cost for Project No. 5940.1, District No. 620.1.

Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9081- Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 5940.1, District No. 620.1: Document No. 9082 - Report.

It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved and that the resolution creating the special assessment district and the engineer's report be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolution adopted.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR SEWER PROJECT NO. 6150, DISTRICT NO. 456

The staff report from the engineering department relating to creating special assessment district for Project No. 6150, District No. 456, sanitary sewer for 5500 and 5600 blocks of 1st Avenue North, with recommendation to create the assessment district, approve the engineer's report, including estimate of cost, an assessment district map, and further that we direct engineering department to prepare detailed plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9083 - Resolution.

The city auditor presented and read the engineer's report on Sewer Project No. 6150, District No. 456: Document No. 9084 - Report.

Council Member Bakken introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9085 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Sewer Project No. 6150, District No. 456, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolution adopted.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
WATERMAIN PROJECT NO. 6180, DISTRICT NO. 297

The city engineer's estimate of total cost of the construction of watermain on 1500 block of 16th Avenue North Circle in the amount of $ , was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 6180, District No. 297, watermain on 1500 block of 16th Avenue North Circle, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Bakken introduced the following resolution which was presented and read: Document No. 9086 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved and the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIOPNS AND ADVERTISEMENT FOR BIDS
SEWER PROJECT NO. 6151, DISTRICT No. 457

The city engineer's estimate of total cost of the construction of sanitary sewer on 1400 and 1500 blocks of North 42nd Street and 4200 - 4400 blocks of 16th Avenue North and 1500 block of 16th Avenue North Circle in the amount of $ , was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 6151, District No. 457, sanitary sewer on 1400 and 1500 blocks of North 42nd Street and 4200-4400 blocks of 16th Avenue North and 1500 block of 16th Avenue North Circle, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

Council Member Bakken introduced the following resolution which was presented and read: Document No. 9087 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR SEWER PROJECT NO. 6174, DISTRICT NO. 458

The staff report from the engineering department relating to creating special assessment district for Project No. 6174, District No. 458, Rehabilitate Storm Pump stations Nos. 182 and 188, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.

Council Member Bakken stated he wanted to discuss this in general, not specifically this project but have had discussions for several years on special assessment districts and creating the districts, and that if they could take a look at this to see if we can't find another path rather than special assessments for some of these bigger projects, where we can put money away and not special assess for lift stations, etc. and would like to start the discussion on that and have Mr. Grasser give us some suggestions at a future date.

Council Member Kreun stated he would suggest that they run this through service/safety committee at a later date as it would take some time for Mr. Grasser to put something together but this item is just an example of how this could possibly be utilized when use our Highway User funds, some of our federal matching monies and perhaps CDBG monies and is excellent idea and asked the Mayor to direct our engineering department to start that process.

Council Member Christensen stated that this isn't a service/safety committee issue but a council issue, an issue where we have to decide and look at revenue we have in this community and varied sources of revenue because water and disposition of water is covered by utility funds/enterprise funds, but believes it is a matter of policy, that this is a major concern and is a $3.1 million project of which 65% has already been spread, and the balance will be spread in this area because we don't have a policy yet, that it is an issue that council should decide what we are going to do with our enterprise funds as a source of revenue to fund infrastructure in this community. It isn't a property tax issue, but an enterprise fund issue and that this can't be protested out, and will happen without an alternate source of funding, and believes that when Mr. Grasser and Mr. Schmisek present us with memos that we get the pros and cons, and that it would be nice to see a policy developed to eliminate some of the problems with special assessments.

Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 9088 - Resolution.

The city auditor presented and read the engineer's report on Sewer Project No. 6174, District No. 458: Document No. 9089 - Report.

Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9090 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Bakken that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Sewer Project No. 6074, District No. 458, be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.

APPROVE BUDGET AMENDMENT, WEST NILE VIRUS
GRANT

The staff report from the health department relating to budget amendment for West Nile Virus Grant, to move 2007 WNV grant budget in the amount of $20,000.00 from General Fund (2146.400.4590) to Enterprise Fund 5800, and to include $30,000.00 unanticipated revenue from West Nile Virus Grant, with recommendation to approve budget amendments as requested.

It was moved by Council Member Bakken and seconded by Council Member Kreun that we approve the budget amendments. Carried 7 votes affirmative.

APPROVE APPOINTMENTS TO BOARD OF HEALTH
AND PUBLIC HEALTH OFFICERS

The staff report from Mayor Brown relating to appointments to Board of Health, public health officer and deputy public health officers, with recommendation to approve appointment of Council Member McNamara as the city council representative on the Board of Health, Dr. James Hargreaves as public health officer and Dr. James Brosseau and Dr. Eric Lunn as deputy public health officers.
It was moved by Council Member Bakken and seconded by Council Member Kreun that we confirm the appointments as made by Mayor Brown. Carried 7 votes affirmative.

APPROVE LANDFILL SERVICES PLAN

The staff report from the public works director relating to landfill services plan, with recommendation to approve landfill services plan as recommended by the Grand Forks City Council Services/Safety Standby Committee on August 23, 2007:

Interim Municipal Solid Waste (MSW) Transport and Disposal Plan - Continue to evaluate the City of Fargo and Waste Management, Inc. (Gwinner) transport and disposal scenarios and provide a final recommendation to the city council in September/October, 2007.
Long Term MSW Balefill Locations: Examine balefill locations in the northwest and southwest parts of the city of Grand Forks' extraterritorial zone and proceed with a North Dakota Department of Health (NDDH) Preapplication Permit and appropriate geotechnical services regarding the sites. Further, since the northwest sites are within the Federal Aviation Administration 5-Mile Exclusionary Zone (FAA Radius of Concerns) and within Zone "D" Airspace Protection Buffer Area of the Grand Forks International Airport Land Use Plan, the City requests the USDA Wildlife Services to conduct a further wildlife hazard assessment on the named northwest sections. The northwest locations are Rye Township Sections 14, 13 and 24 and Falconer Township Sections 18 and 19. The southwest sections are Walle Township Sections 6, 7, 18 and Brenna Township Section 36.
Authorize Burns & McDonnell Engineering Company, Inc. to proceed with the NDDH Preapplication Permits on the named sites under a not to exceed amount of $49,615.
Authorize Burns & McDonnell Engineering Company, Inc. and Midwest Testing Laboratory, Inc. to proceed with appropriate geotechnical services on the named sites under a not to exceed amount of $40,000.
Authorize the Public Works Department to reimburse the USDA Wildlife Services for reasonable expenses regarding the requested wildlife hazard assessment.

Marilyn Gregoire, 1318 11th Avenue NE, rural resident, presented a number of questions gathered from neighbors in the area relating to the landfill, whether landfill needs a lagoon. Mr. Feland, public works director, reported that the new landfill will need a leachate collection system or pond; but if landfill in that area didn't think that placing lagoon would ever happen because all of the treatment works are in the north end of Grand Forks and that the treatment plant will continue to be the centerpoint, doesn't think anything changing but can see in the future that the scope of the lagoons being decreased. He stated they have a bird mitigation plan at the lagoons, hard to mitigate very well, and the lagoons are more problematic to mitigate 1300 acres vs. one landfill cell, do have a mitigation plan but not as effective as their landfill plan because are able to control footprint of the landfill better than the 1300 acres. Ms. Gregoire also asked if Schaeffer Perkins Plan and engineering firm of KBM, could be given a second look. Mr. Feland stated that the two studies cited are co-composting plans, one was KBM report that was dated around 2000 and the second report is the Schaeffer/Perkins report and also cites composting as a viable solution, those are solutions to take our biosolids from our wastewater treatment plant, mix those with yard waste, wooden debris and solid waste and to compost it, those are great solutions but best example is Rapid City and with all their investments into co-composting, material recovery facility and curbside recycling, they still divert around 50% of their waste stream - and we have stated that with whatever technology we have we still need a landfill to some degree; and in the future have less and less going into the landfill because come up with better ways to either collect or to treat this. The other thing have to keep in mind is everyone is concerned about things in their backyard, always going to be challenges in whatever technology we look at, that this landfill is not the end, the technology is going to get better and future examples of what we can do to try to divert more and more over time. Mr. Feland responded to the question that if any plan for incineration and capping the heat from the incineration and using it for something positive, that none of these things are done without risk, many examples of people building things that fail, either economically or design but will always look at new technology, incineration has come up but even with incineration still looking that 30% still needs to go to a landfill, and can't stop the landfill track while we wait for something else, but can have the other work in parallel and hopefully get the landfill done before we build an incinerator, etc. because we will need that sooner.

Ms. Gregoire stated that while she has been attending these meetings, felt that the council had already decided on the outcome of this issue, that it is a foregone conclusion, and asked if they understand the permanence of their decision, that placing a landfill this close to city limits won't ever go away and will always be there. Mr. Feland stated that the City has run a landfill since 1960 and have run it better now than in the 1960's, and these are things that the city needed and have always placed public facilities near the city and tried to do best we can.

Council Member Christensen stated that we have studied this issue and we are left with few alternatives, it appears that this is probably our last opportunity to provide for our citizens and citizens in the region for many years to come, as soon as the Sarbane issue was laid to rest by the County there was some conversation between this city and the city of Fargo for a regional facility and it appears that they have no interest in that until 2014 or 15 or farther ahead and we have to make decisions for the interim, that if we decided to ship garbage to Gwinner for the next 5 years not sure what that would do to our budget because of price of gasoline. That we are working very hard to see if we can get some type of dispensation from FAA to explore the northern area, but the material we read from Mr. Feland makes it appear that it might be a stretch to get it up there and lack of alternatives clarifies your options; if better avenue than the southwest quadrant, staff and council would have given us and are at a point where have to parallel pass, totally irresponsible for us not to pursue that which has been recommended by staff, committee and administration and Burns & McDonnell, and are left with no other choice but to pursue the options at this point to see where they lead, keeping the north end open

Council Member Brooks stated that staff and committee are looking at this and not a forgone conclusion, that we are not just talking about Grand Forks but the whole region that we serve in the landfill, and staff is also looking at concerns in the future relating to water, we hope our decisions are not misguided, we try to get input from staff and citizens, but we do have to make a decision. The City of Grand Forks is going to be looking at some other possibilities, many places looking at incineration or other alternatives, increasing recycling and work with them, that every day we generate tons of garbage and we have to find some place to put it and have to meet that demand, and would hope you will continue to monitor us and if we don't continue to look at incineration, to let us know.

Council Member Bakken stated that no matter what alternative source we use, are going to need a landfill, are looking at six locations now and at all sorts of alternative ideas, we are being very cautious and will make sure it works before spending lot of money on it, that doesn't mean that we aren't going to look at it but not going to change the fact that we will have to have a landfill now.

Ms. Gregoire stated that the voters in Grand Forks are represented twice by the City and by the County officials, that areas outside the A-1 Zone are represented by County officials and those in the A-1 Zone are not represented by anyone, and it seems like this is manipulation without representation.
It was moved by Council Member Brooks and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

APPROVE RESOLUTIONS TO ASSESS SPECIAL ASSESS-
MENTS ON AN ESTIMATED BASIS

The staff report from the finance department relating to resolutions directing Special Assessment Commission to assess special assessments on an estimated 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.

Paving Project No. 5703.0, District No. 608 - $766,069.00 - Document No. 9091
Paving Project No. 5703.1 District No. 608.1 - $189,816.00 - Document No. 9092
Paving Project No. 5964.0, District No. 619 - $611,629.00 - Document No. 9093
Paving Project No. 6026.0, District No. 626 - $248,920.00 - Document No. 9094
Paving Project No. 6033.0, District No. 628 - $449,175.00 - Document No. 9095
Watermain Project No. 6039, District No. 295 -$ 50,000.00 - Document No. 9096

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved and the resolutions adopted. Carried 7 votes affirmative.

ADOPT PRELIMINARY BUDGET FOR 2008

The staff report from the finance and administrative services director relating to 2008 budget, with recommendation to give preliminary approval of the 2008 budget and set the public hearing for September 17, 2007.

Mayor Brown proceeded to present for consideration his budget for 2008, however, Council Member Christensen called a point of order, that this item found its way onto the agenda and that the item had not appeared on the committee of the whole agenda the previous week, and according to the ordinance 2-03-02(2) provides that any item not listed on the agenda shall be considered only by motion unanimously adopted by the council members present; that this item has never been considered by this body at a committee of the whole meeting where they are to discuss it, and asked how they go about adding something to the agenda that wasn't considered at a committee of the whole meeting when the statute says they have to have unanimous approval.

Howard Swanson, city attorney, stated it was his opinion that section 2-0301.27 has not been violated because it does appear on your agenda, so doesn't think the ordinance you have cited is on point, had the item not been on the agenda he would agree but his concern, as he has had no opportunity to review this as he has not been consulted at any time, is whether or not this body has previously adopted any procedural resolution which requires a matter first to go through a committee of the whole meeting before it comes to the council.

There was considerable discussion as to whether this matter should be discussed tonight or if the item should be considered at a later special meeting for discussion and allow public input.

Mr. Swanson stated his decision would be as follows; that in reviewing the Grand Forks City Code Section 2-0301, subdivision 3, he finds the mayor has full authority to establish an agenda, that in that provision that an item that does not appear on the agenda may only be acted upon by a motion unanimously adopted by the city council members present, that does not apply as this item appears on the agenda, and further finds in the City Code that Section 2-0301, subdivision 27, that the city council may take final action upon any matter appearing at the agenda, whether it occurs at a work session, informational session, committee of the whole or council meeting unless otherwise restricted by law. He finds no provisions in State law restricting this body from acting tonight and finds no provisions in the City Code from restricting you from acting tonight, and will readily admit that there may have been prior action by this council by resolution adopting procedures that he has not had an opportunity to look for, and has not had it presented to him by any member of the body or staff nor have had such a procedural resolution identified; and without that knowledge he ruled that this matter is properly on the agenda, that you may take whatever action this body seems appropriate, whether that be a motion to table until a future date or whether it is a motion to approve budget in whatever form you would like, and from a procedural perspective he is of the opinion, and it may very well be an incorrect opinion, that you are fully able and capable of acting in your capacity as city council members on the budget items that appear on the agenda.

Mayor Brown presented for consideration the Mayor's proposed budget for the fiscal year 2008, that this proposed budget is identical to the preliminary budget presented at the work session on July 11 and subsequent meetings, and reviewed several key points to get this budget in place and putting into motion financial plan for the next six years. He stated this budget is the result of process spearheaded by the finance department under the direction of the budget review team of the city administrator, finance director, and budget officer, that this process takes months of cost revenue analysis, meeting with department heads to discuss the details of the department's needs and goals, and the review of these needs in regard to the city's overall aims. Upon conclusion of the departmental meetings, the budget review team reviews requests and overall needs and resources of the city to fulfill those needs, this budget is needs based and hopes any subsequent discussions can continue in that direction.

He stated the merits of this budget that includes a no mill increase and a stable financial footing to provide for growth and opportunity in our community are duly noted. Some of the highlights of the 2008 year and year one budget: the proposed budget for all funds is $113, 222,302.00 which represents a 16.46 decrease in the overall budget, and this budget includes a freeze on the current mill rate of 113.5 and the total taxable value of property increased 7.77%, 4% from re-evaluation and 3.77 from new construction, from $121 million to $130 million from 2006 to 2007, therefore, the proposed increase in property tax used in this budget is also 7.77% for $1,067,761.00, and over the last 9 years the City has reduced its total mill rate by 22.78 mills and operating mills have been decreased by 32.78 mills and that is a 24% reduction.

Council Member Glassheim moved that we give preliminary approval to the budget as proposed, and that we request staff to come back with a budget which includes new construction and inflation only, and that the general fund mills be reduced to realize that target. Council Member Kreun seconded the motion.

Council Member Glassheim stated that what his motion would amount to as it was carried out, would be somewhere between 1 and 1.5 mill decrease in mills

Council Member Gershman read the budget resolution he would propose and which amends the preliminary budget. "Whereas with additional revenue from new construction of $518,000, and With the projected increase in sales tax revenues of approximately $178,000, and With additional revenues from fees and permits estimates at $93,500, and Whereas, that represents an increase of $789,500 for the 2008 budget, and Whereas, That is equal to an inflation rate of 3% over the 2007 budget, and Whereas, The Grand Forks City Council is committed to minimizing the city's 24% portion of the total property tax burden to Grand Forks property owners, Therefore, Be It Resolved That a 4 mill reduction in property taxes be approved by the Grand Forks City Council. He stated that is his amendment to the budget, and that the difference between Mr. Glassheim's motion and his is that Mr. Glassheim wants to take the inflation rate on existing properties and that he is saying that the existing properties from the city's portion stay neutral, and don't take that increase in valuation that we have on those properties but only take the new construction, and his inflation factor is only addressed through new construction, not through existing property owners valuations which went up. Council Member Christensen seconded the motion.

Council Member Glassheim stated that his proposal, and urged a vote against Mr. Gershman's motion for 4 mill decrease; would take new construction for the general fund amounts to about $300,000 plus inflation of last year's properties, not new valuations of last year's property, but takes last year's valuations of existing homes and the money raised last year, then add 2.8, 2.9 or 3.0% inflation of that, not taking anything from increased valuations, but only calculating a normal or regular amount of what it cost to run the government and what everybody's inflation rate is in the private sector, and that is where he would get that number, there are new expenses to growth and would suggest that we take all new construction and then should get the rate of inflation on last year's valuations, and that we live within that and that we reduce the mills to reach whatever that level is.

There was considerable discussion by the council and the city auditor relative to the mayor's proposed budget.

Council Member Christensen called for the question on Council Member Gershman's amendment.

Upon call for the question on Council Member Gershman's amendment to adopt the preliminary budget with a 4 mill reduction, and upon roll call vote, the following voted "aye": Council Members Christensen, McNamara, Gershman - 3; voting "nay": Council Members Bakken, Kreun, Brooks, Glassheim - 4. Mayor Brown declared that the motion failed.

Upon call for the question on Council Member Glassheim's amendment to adopt the preliminary budget with 1 to 1.5 mill reduction, and upon roll call vote the following voted "aye": Council Members Bakken, Kreun, Brooks, Glassheim, Gershman - 5; voting "nay": Council Members McNamara, Christensen - 2. Mayor Brown declared the motion carried.

It was noted that the public hearing would be published within a week and the public hearing on the preliminary budget will be September 17, 2007 at 5:30 p.m.

Mr. Swanson, city attorney, stated that they have now passed a preliminary budget, and at your next meeting when you act on the preliminary budget you cannot increase it from that amount which you have approved tonight, but can decrease it.

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 07-17, dated August 31, 2007, totaling $896.273.71 and Estimate Summary dated August 31, 2007 totaling $2,283,664.65 were presented and read.

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

APPROVE MINUTES AUGUST 20, 2007

Typewritten copies of the minutes of the city council held on Monday, August 20, 2007 were presented and read. It was moved by Council Member Bakken and seconded by Council Member Glassheim that these minutes be approved as read. Carried 7 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Bakken stated that he had been in Northwood on Monday and that the residents of Northwood are very appreciative of the assistance from the City of Grand Forks, and hopefully we will continue to do what we can.

2) Council Member Gershman reported that Mr. Brooks has been chairing a committee for the Gateway Beautification, that they have a bid for $11,600 to paint the concrete fence a neutral color, that the mural was taken down and stored, that the project was budgeted at $20,000 and that award of the project can be done administratively but wanted council to be informed, will continue to work with the salvage yards.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
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Michael R. Brown, Mayor