17767 September 17, 2001

PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF GRAND FORKS, NORTH DAKOTA September 17, 2001

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, September 17, 2001 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Steven s, Hamerlik, Burke, Glassheim, Gershman, Klave, Kerian, Bakken, Kreun - 11; absent: Council Member Lunak, Martinson - 2.

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.

Don Shields, Health Department, stated he was here to talk about the terrorists’ event that occurred last Tuesday, that there are a lot of people in the community that are very upset and angry over what has hap pened to Americans and wanted to let the council and citizens know that there is help in the community for people who would like to talk about this, would encourage people to talk to their friends, family, clergy and there is also a crisis line which will be put on television - the crisis line in Grand Forks is 775-0525 for Northeast Human Services, and a number for people outside of the city for long distance - 1-800-845-3731. He also stated that similar to what has occurred in this community a number of years ago is that a lot of the issues don’t begin to bother us until much later, not abnormal to have these feelings and not abnormal several months from now to have feelings of that nature, especially kids when loved ones and others may be flying or trav eling to other destinations, and good to keep those things in mind.

COUNCIL MEMBER CHRISTENSEN REPORTED PRESENT

At the request of Council Member Brooks and Mayor Brown a moment of silence was observed for the victims of the terrorists’ attack on our country on September 11, 2001.

Council Member Gershman announced that this weekend there will be a benefit concert for disaster relief entitled Music of Sorrow and Hope at the Chester Fritz Auditorium, and commended the Grand Forks Symphony and the Master Chorale, their directors and boards of directors for taking this decision. All proceeds will go to benefit the Red Cross and the Salvation Army; this is a free concert, however, there is a suggested donation of $10 and if able to give more would be welcom e. There will be words from leaders of the three major religions and will be a very moving evening and at times, uplifting also. He stated this is a chance for our city to come together and express our feelings.

Mayor Brown reported that Sandy Glas, e xecutive director for the Reunions Committee, wished to publicly thank people who made the reunion such a success, the police department, streets and sanitation, urban development, public information center, traffic and safety events, and the Alerus Center; and other city resources for an event that showcased our community.

CONTINUE PUBLIC HEARING AND POSTPONE SECOND READING OF AN ORDINANCE TO AMEND THE ZONING MAP TO INCLUDE WITHIN THE VILLAGE PUD, CONCEPT DEVELOPMENT PLAN, AMENDMENT NO.3, ALL OF VILLAGE RESUBDIVISION NO. 2 AND ALL OF VILLAGE RESUBDIVISION NO. 3, TO OCTOBER 15, 2001

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Village PUD (Planned Un it Development) Concept Development Plan, Amendment No. 1 and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on August 20, 2001, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

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

The staff report from the Planning and Zoning Commission relating to the matter of the request from Kevin Ritterman on behalf of Mikkelson Consolidated for the final approval of an ordinance to amend the zoning map to rezone and exclude from the Village PUD (Planned Unit Devel opment), Concept Development Plan, Amendment No. 2, and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment no. 3, all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3, Grand Forks, North D akota, with recommendation to continue the request until the next Planning and Zoning Commission meeting on October 3, 2001 and recommend the city council continue its September 17, 2001 public hearing to October 15, 2001.

Mayor Brown called upon the audi ence to see if there was anyone present who had comments to make on this matter. There were none.

It was moved by Council Member Kerian and seconded by Council Member Kreun to approve the recommendation and to continue the public hearing and second rea ding of the ordinance to October 15, 2001. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3898 AMENDING THE COM- PREHENSIVE PLAN, AMENDING CHAPTER XVIII, ARTICLE 8, COMPREHENSIVE PLAN; SECTION 18-0802 ELEMENTS OF THE GRAND FORKS CITY CODE OF 1987, AS AMENDED, PERTAINING TO THE GRAND FORKS-EAST GRAND FORKS 2022 TRANSPORTATION PLAN UPDATE (AMENDING THE NON-MOTORIZED BRIDGE STUDY OF THE BIKEWAY ELEMENT OF THE TRANSPORTATION PLAN)

An ordinance entitled “An ordinance amending the C omprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the grand Forks-East Grand Forks 2022 Transportation Plan Update (2000 Bikeway, 1999 Pedestr ian Element; 2000 Transit Element, 2000 Street and Highway Element, and 2000 Metropolitan Intelligent Transportation Systems Comprehensive Plan Element)”. which had been introduced and passed on its first reading on August 20, 2001 and upon which public he aring had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The deputy city auditor reported that the required legal notice had been published calling for a public hearing to be held on this m atter this evening and further that to date no protests or grievances had been filed with her office. The staff report from the Planning and Zoning Commission staff relating to the matter of request from the Grand Forks Planning and Zoning Department for f inal approval of an ordinance to amend Chapter XVIII of the Grand Forks City code of 1987, as amended, amending Article 8, Comprehensive Plan, Section 18-0802, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update, (2000 Bikeway El ement, 1999 Pedestrian Element, 2000 Transit Element, Year 2000 Street and Highway Element, and 2000 Metropolitan Intelligent Transportation Systems Comprehensive Plan Element, together with all maps, information and data contained therein, with recommendation for final approval of an ordinance amending the Non-motorized Bridge Study of the Bikeway Element of the Transportation Plan.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Council Member Burke asked what the recommended location was for the north bridge. Dennis Potter, city planner, reported it is to the downstream side of the original study site.

Council Member Kerian questioned if there were no northern sites that would meet the soil conditions; Melanie Parvey stated that they have identified that there are some soil stability concerns in those areas marked on the map, and forwarded this informati on to the Corps to analyze and get back to us. It was noted that the East Grand Forks Planning Commission has approved this and will go to their city council this week; it will go on to the MPO Board for final approval if approved by both city councils. Council Member Kreun also noted that it was mainly concern of East Grand Forks that they move the bridge to the northern site of the dam as they felt that was more visually appealing.

Upon roll call vote on the ordinance, the following voted “aye”: Coun cil Members Brooks, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 10; voting “nay”: Council Members Bjerke, Stevens - 2. Mayor Brown declared the ordinance adopted.

APPROVE FINAL PLAT OF REPLAT OF LOTS 17, 18, 19 AND 20, BLOCK B OF A REPLAT OF LOT 7, BLOCK 1, KANNOWSKI’S ADDITION

The staff report from the Planning and Zoning Commission relating to the matter of the request from CPS, Ltd. on behalf of R.J. Zavoral and Sons for final approval of the Replat of Lo ts 17, 18, 29 and 20, Block B of a Replat of Lot 7, Block 11, Kannowski’s Addition to the city of Grand Forks, North Dakota (located in the 5800 block of Pinehurst Drive), with recommendation for final approval of plat subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE FINAL APPROVAL OF REPLAT OF WASHINGTON ESTATES RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the matter of the request from CPS, Ltd. on behalf of Ribob Company and Eljim Company for final approval (fast track) of the Replat of Washington Estates Resubdivision, with recommendation for final approval of the replat of Washington Estates Resubdivision, subject to conditions shown on or attached to the review copy, and recommend the city council approve the plat. It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK 1, BIRKHOLZ’S 3RD ADDITION

The staff report from the Planning and Zoning Commission relating to the matte r of the request from Tom Ericson on behalf of Cornerstone Baptist Church for final approval (fast track) of the Replat of Lot 1, Block 1, Birkholz’ 3rd Addition (located at 2297 South 36th Street), with recommendation for final approval of the replat of Lot 1, Block 1, Birkholz’ 3rd Addition, subject to conditions shown on or attached to the review copy and approval of the plat.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ACCEPT PETITION FOR VACATION OF ALL OF 10TH AVENUE SOUTH BETWEEN SOUTH 46TH STREET AND SOUTH 48TH STREET AS PLATTED ON ORIGINAL PLAT OF INDUSTRIAL SUBDIVISION

The staff report from the Planning and Zoning Commission relating to the matter of the request from the Grand Forks Planning Department for approval to vacate all of 10th avenue South between South 46th Street and South 48th Street, Industrial Subdivision, with recommendation for final approval of the vacation of all of 10th Avenue South between South 46th Street and South 48th Street as shown and platted on the original plat of Industrial Subdivision, Grand Forks, ND and that the city council set public hearing and approve the vacation.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved, that the petition filed is in proper form and be filed with the city auditor, and that a notice of public hearing be published as required, with hearing date of November 5, 2001. Carried 12 votes affirmative.

APPROVE FINALIZLATION OF ALERUS CENTER CONSTRUCTION PROJECT

The staff report from the special projects coordinator relating to th e matter of finalization of Alerus Center construction project, with recommendation from the Events Center Core Committee to approve the allocation of the final funds in the Alerus Center Construction account for the Compass Facility Management Incentive p ayment, the miscellaneous general requirement costs, the west roof final costs, the chiller issue resolution, and the training room building; turn the remaining balance of an estimated $529,434.84 over to the Alerus Center Commission to determine the best expenditures for FF&E items; declare the project officially closed; and immediately disband the Events Center Core Committee, leaving any remaining items in the hands of the Alerus Center Commission and city council.

It was moved by Council Member Kreun a nd seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried. APPROVE AMENDMENT TO ENGINEERING AGREEMENT FOR PROJECTS NOS. 4817, 4818 AND 5116, INTERIOR DRAINAGE

The staff report from the Engineering Department relating to Amendment No. 18 t o Greater Forks Engineering Group for in-kind engineering services, City Projects Nos. 4817, 4818 and 5116, Interior Drainage, with recommendation to approve Amendment No. 18 in an amount of $135,751.80 with Greater Forks Engineering Group.

It was moved b y Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING AGREEMENT FOR PROJECT NO. 4820, LEVEE LAND ACQUISITION SURVEY SURVICES

The staff report from the Engineering Department relating to Amendment No. 19 to Greater Forks Engineering Group for in-kind services, City Project No. 4820, with recommendation for approval of Contract Amendment No. 19 for professional services (based on an hourly rate schedule with an estimated not to exceed the amount of $193,786.13) with the Greater Forks Engineering Group regarding in-kind survey services related to property and right of way acquisition for construction of the United States Corps of Engineers flood protection system for the city of Grand Forks.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brook s, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDERS FOR PROJECT NO. 5203

The staff report from the Engineering De partment relating to change order No. 1 for Project No. 5203, 2001 storm and sanitary sewer repairs, with recommendation to approve Project No. 5203 change order No. 1 for Robinson Excavating in the amount of $3,300.00.

The staff report from the Engineeri ng Department relating to change order No. 2 for Project No. 5203, 2001 storm and sanitary sewer repairs, with recommendation to approve Project No. 5203 change order No. 2 for Robinson Excavating in the amount of $34,986.00.

It was moved by Council Membe r Kreun and seconded by Council Member Bakken that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 5197

The staff report from the Engineering Department relating to change order No. 3 for Project No. 5197, 2001 concrete street repairs, with recommendation to approve Project No. 5197 change order No. 3 for Opp Construction in the amount of $18,007.00.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

INTRODUCE ORDINANCE TO AMEND COMPREHENSIVE PLAN, AMENDING CHAPTER XVIII, ARTICLE 8; SECTION 18-0802, ELEMENTS OF THE GRAND FORKS CITY CODE OF 1987, AS AMENDED, PERTAINING TO THE GRAND FORKS-EAST GRAND FORKS 2022 TRANSPORTATION PLAN UPDATE

The staff report from the Planning and Zoning Commission relating to the matter of request from the Grand Forks Planning and Zoning Department for preliminary approval of an ordinance to amend Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 8, comprehensive Plan, section 18-0802, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update, (2001 Bikeway Element, 1999 Pedestrian Element, 2000 Transit Element, Year 2000 Street and Highway Element, and 2000 M etropolitan Intelligent Transportation Systems Comprehensive Plan Element), together with all maps, information and data contained therein, with recommendation for preliminary approval of an ordinance amending the Street and Highway Element of the Transpor tation Plan and set a city council public hearing for October 15, 2001.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced an ordinance entitled “An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks 2 022 Transportation Plan Update (2001 Bikeway, 1999 Pedestrian Element; 2000 Transit Element, 2000 Street and Highway Element, and 2000 Metropolitan Intelligent Transportation Systems Comprehensive Plan Element)”. which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT; AND INTRODUCE ORDINANCE TO AMEND THE STREET AND HIGHWAY PLAN TO INCLUDE THE PUBLIC RIGHTS OF WAY SHOWN AS DEDICATED ON THE PLAT OF CONCRETE, INC. ADDITION

The staff recommendation from the Plannin g and Zoning Commission relating to the matter of the request from Webster, Foster and Weston Consulting Engineers on behalf of Concrete, Inc. Addition, with recommendation for preliminary approval of the plat of Concrete, Inc. Addition, Block 1, Lots 1, 2 and 3, to the city of Grand Forks, North Dakota (located at 5000 DeMers Avenue) subject to the conditions shown on or attached to the review copy, and that the city council give preliminary approval to the plat and set a public hearing date of October 15, 2001. It was moved by Council Member Kreun and seconded by Council Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Bakken introduced an ordinance entitled “An ordinance to amend the Street and High way Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Concrete Inc. Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL) DISTRICT THE SOUTHERLY 210 FEET OF LOT 1 AND ALL OF LOTS 2 AND 3, BLOCK 1, CONCRETE, INC ADDITION

The staff recommendation from the Planning and Zoning Commission relating to the matter of the request from Webster, Foster and Weston Consulting Engineers on behalf of Concrete, Inc. for preliminary approval to rezone and exclude from the A-1 (Limited Dev elopment) District and to include within the I-2 (Heavy Industrial) District, the southerly 210 feet of Lot 1 and all of Lots 2 and 3, Block 1, Concrete Inc. Addition (located at 5000 DeMers Avenue), with recommendation that the city council give prelimina ry approval and introduce the ordinance and set a public hearing for October 15, 2001.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave 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 (Limited Development) District and include within the I-2 (Heavy Industrial) District, the south erly 210 feet of Lot 1 and all of Lots 2 and 3, Block 1, Concrete Inc. Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

ADOPT RESOLUTION OF ANNEXATION TO ANNEX THE SOUTHERLY 210 FEET OF LOT 1, BLOCK 1, CONCRETE INC. ADDITION TO THE CITY OF GRAND FORKS, ND

The staff recommendation from the Planning and Zoning Commission relating to the matter of the request from Webster, Foster and Weston Consulting Engineers on behalf of Concrete Inc. for preliminary approval of a resolution to annex the southerly 210 feet of Lot 1, Block 1, Concrete Inc. Addition to the city of Grand Forks, North Dakota, with recommendation for preliminary approval of the resolution to annex the southerly 210 feet of Lot 1, Block 1, Concrete Inc. Addition.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Kreun introduced the following resolutio n of annexation, which was presented and read: Document No. 8112 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this resolution of annexation be and is hereby adopted and further that the 5th day of November , 2001 be set as date for public hearing for the purpose of hearing and determination of the sufficiency of any protest to the proposed annexation. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glasshe im, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried the resolution adopted.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE HOUSE FROM 93 GRASSY HILLS LANE TO LOT 5, BLOCK 1, SHADYRIDGE ESTATES 6TH ADDITION

The staff recommendation from the Inspections Department relating to the application for moving permit to move the house from 93 Grassy Hills Lane to Lot 5, Block 1, Shadyridge Estates 6th Addition, with recommendation to approve the moving permit.

It was moved by Council member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved, and further that the application be and is hereby authorized to move the building subject to meeting conditions established. Carried 1 2 votes affirmative.

ACCEPT BIDS FOR PURCHASE OF CITY-OWNED PROPERTY

The staff recommendation from the Finance/Administrative Services Department relating to bids received for City-owned property at 1201 7th Avenue North and 415 North 7th Street, with recommendation to accept bid of $1,400 for 415 North 7th Street to bidder Greg Batzer and accept bid of $600.00 for 1201 7th Avenue North to bidder Kenneth and Janet Kuhl.

It was moved by Council Member Kreun and seconded by Council Member Bakken tha t this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

TABLE PROPOSED ORDINANCE RELATING TO CIVIL SERVICE CODE RELATING TO EMPLOYMENT

The staff report from the interim administrative coordinator relating to the request from the Mayor’s Office for preliminary approval and first reading of an ordinance to adopt and amend sections of the Grand Forks City Code of l987 relating to Civil Service Code pertaining to Sections 6-0101, 6-0103, 6-0405, 6-0-414, 6-0513, 6-0514, 6-0524, 6-0526, 6-0807, 6-0808, 6-0814, 6-0902, 6-1001, 6-1002, related to City of Grand Forks employment, with recommendation to approve first reading of the ordinance.

Council Member Burke asked if an amendment of the proposed ordinance was available for review; Mr. Duquette reported that he had wished to visit with the city attorney, however, he was out of state and was hoping to have the revised ordinance available for second reading as amended as per recommendations of the city council and would have that in two weeks. It was noted that copies of the ordinance would be on the agenda at the committee of the whole next week for discussion.

Council Member Kerian asked whether in Code or policy as to whether or not classified and non- classified staff can apply as internal applicants. Mr. Duquette stated that is a pa rt of the Code and that they are trying to allow the civil service commission to decide which classes of employees are eligible for classified positions, whether classified or non-classified positions. Mr. Duquette stated he is suggesting to the departmen t heads as these positions move forward for classification in front of the civil service commission and that they provide some recommendations to the commission whether they want, internal, external or combination thereof - the civil service commission wou ld make the decision.

Council Member Christensen questioned why the civil service commission would have the power to make a decision, and if that is where this is moving, should study it a little more, but that city council establishes the policy and th ey administer policy; and not wise to preclude qualified applicants from applying for a job just because there might be an internal applicant, and if an internal applicant is going to be preferenced, there’s too much inbreeding going on - that all citizens should have the right to apply. Mr. Duquette stated their goal is to provide the opportunity for the best qualified person for the position. Council Member Hamerlik stated he was of the belief that if there’s a qualified candidate internally they should be shown a preference, that’s the way to keep good people; and that those 27 positions needing further evaluation would also be given the opportunity to apply; and concerned that if we can’t give some preference for promoting within, at certain levels at least, maybe department heads, sub-department heads, maybe should go outside as well as inside.

Council Member Gershman stated that there are 27 positions that will be needing further review in the coming year, and recommended that the council would hav e a report back on those 27 positions by May and that would give the city council and departments more time than waiting the full year. Mr. Duquette stated that would be helpful through the budgeting process as they move into next year.

Council Member Br ooks stated he was in favor of giving internal employees preference but that can eventually lead to problems and need to look at that process, and our employees have a preference anyway by being a part of the organization and having knowledge of the city a nd how it functions and there is somewhat of a given advantage but need to keep bringing new ideas to blend with good employees that we have.

Council Member Burke stated one of the suggestions for amending the draft ordinance was with regard to internal applicants, if we intend to keep that as a separate category of applicants, to suggest that if we don’t have at least a certain number of intern al applicants it immediately go external, and if the fallback position might be to require three internal applicants, otherwise require it to go external immediately.

Mr. Swanson stated that in their discussion and that he has not had a chance to talk wit h Mr. Duquette, that when speak of internal and external candidates, it would be helpful for him if they were specific in determining whether this is an entry level or dealing with promotions; under the current Code there is no distinction between internal and external, however, it comes into play is whether you are utilizing an original employment register, or if utilizing a reassignment register, and needs to have further insight as to what it is you are trying to accomplish when you say you want internal candidates and external candidates, at what level and in what manner.

Council Member Christensen stated it may appear to be an opportunity for more information with Mr. Swanson’s help as to the amendment of this ordinance, rather than moving this throu gh and was trying to allude to is that it is discouraging for people to try to apply for jobs if they think the deck is stacked or rigged because they have internal candidates and they have a preference; that there are people in the city who may want to mo ve up that probably have better qualifications than someone from the outside, but if want to eliminate some of the cynicism that exists as far as how people perceive city government and how it runs, open it up so that people know that it’s not a closed gro up, that you might have an opportunity to become employed here and advance yourself, and suggested that there’s an awful lot of experience with our city attorney, Mr. Duquette and HR staff and should be educated a little bit before they decide to change th is ordinance, get information, then deliberate and decide.

Mr. Hovland reported that the eligibility register is our entry level register, that we advertise internally and externally based on recommendations from the department and there are three names submitted alphabetically to the mayor who makes the appointment based off the eligibility register; re-assignment register is a promotional register and/or transfer register, and top candidate on that register is the one that is appointed. He stated depend ing on the position, have had some positions where have gone for the internal candidate city-wide for promotional or transfer, if no qualified candidates internally, can go externally - that recently have asked the commission to go internal/external at the same time in order to speed up the process as it is a lengthy process to fill a position.

Mr. Swanson stated that the re-assignment register is three-fold, transfer from one department to another department and by definition you could not go outside th e city to do a transfer, it is also promotion and by definition you cannot promote somebody that is not an employee, and can also apply to demotion and by definition you can’t demote somebody who is not your present employee; the only situation in which yo u would have external candidates will arise under an eligibility roster, and that doesn’t mean that’s an entry level position, may be a higher position, but is one that will be competed for both internally and externally. Mr. Hovland stated that the way t he Code reads is that regular, non-probationary employees are the only ones that can apply for the transfer and/or promotion, that they are trying to change that so can open up and get a bigger pool of candidates, to get the best qualified candidate. Mr. Swanson stated that the ordinance draft expands the ability of the commission to allow external candidates in those circumstances, it is not mandatory however, as that is left to the commission’s discretion; but that the discussion he heard tonight was tha t they wanted to insure that for whatever position was being advertised or opened, that you had both internal and external possibilities, and his point is that doesn’t fit the system utilized when you have transfer from or within departments as well as pro motion. He stated that the commission has the opportunity if they do not believe that there is adequate competition for that level, to open it up.

It was moved by Council Member Kerian and seconded by Council Member Christensen to table this ordinance for one month. Carried 12 votes affirmative.

APPROVE CLASSIFICATION OF PROPOSED EMPLOYEES

The staff report from the interim administrative coordinator relating to part-time positions, with recommendation to approve the recommended changes to the empl oyee classification and benefit system and instruct the city attorney to draft ordinance changes as applicable, for future review and passage by the city council.

Council Member Burke stated that the 27 positions needing further evaluation , and asked if there was a proposal from staff on how long that evaluation would take. Mr. Duquette stated there was a suggestion and he was in agreement, is that they have this information for city council for the first of May, 2002 so can begin in budgeting process fo r 2003. Council Member Burke stated that if those positions turn out not to be needed, the sooner we put in process the elimination of those positions, the sooner we’ll realize the savings, and asked if we couldn’t have a shorter timeframe on this and not something that we look at as being something that is implemented at the end of 2002. Mr. Duquette suggested having a preliminary look in the first part of the year and final report to the city council the first of May; Council Member Burke stated he woul d like something sooner than that, that have 27 positions and clearly have already given it some thought because on a list and identified as possibly being eliminated, and would like to have something to look at by the last committee of the whole meeting i n November and try to act on it in the first month or so of the new year. Council Member Gershman stated this has to be a very thoughtful process and would defer to the mayor and Mr. Duquette and Mr. Hovland and his department as to what they think they c ould realistically could do, this is important and affects a lot of people and would hear from you so that it would be a real substantive study. Mr. Duquette stated that the earliest they should expect it is February, and would like to have four months t o work with the department heads to examine these positions and how they fit into the organization and make those recommendations, and probably best approach at this point. Council Member Brooks asked for progress reports.

Council Member Brooks asked about the grant-funded positions, that salaries written into the grant, and asked why need further evaluation, when grant goes away so does the position. Mr. Shields stated that in most instances correct, but in this particular instance, this was a grant t hat began last year and everything has not been resolved - whether the grant will continue or who will be the employer for the personnel under the grant - right now multiple employers on Health Families, include Northeast Human Service Center, Lutheran Soc ial Services, etc. and boards are looking at where is best fit for these employees, and maybe next year find that these employees might better fit under another organization as opposed to the City of Grand Forks and then come off the City payroll, but those are part of decisions because this is a new grant

Council Member Christensen stated that the figure for potential payroll elimination is approx. $600,000, and if that is out of the General Fund; Mr. Duquette stated there are some special revenues, ente rprise and general funds involved in all those. Council Member Christensen stated it is important that we know of these positions, excluding the grants, what the cost savings would be to each of the respective funds, because he keeps thinking of the $1.4 million as they go forward and explore other ways otherwise there will be a tax increase unless he can convince other members to begin transferring from some of the special revenue funds to offset some of the general taxes, and would like that in the next two weeks.

Council Member Bjerke commented on the numbers of savings, total savings of $852,000 but $790,000 has already occurred, and not a potential for a great savings, because future potential savings of the 39 positions we are going to eliminate, it’s $150,000 and from all the funds, and we still to look at what we do, how we do it and what kind of services we provide and if should provide them, and how many employees we’re going to have.

Mr. Duquette stated that this a two-year process, will try to accelerate as best they can, but suggested that we unwind very slowly and carefully, that it took a decade to get where we are and as we look at this organization and try to realize how we want to streamline, where we want to go, asking for certain amount of latitude for the administration to do that.

Council Member Glassheim asked on the Urban Development positions, which are approx. $410,.000 which are federal funds and asked what would happen to those funds. Terry Hanson, Urban Development, stated of the $410,000 that will go towards classified employee positions that are unfilled at the present time, 6 positions that need to be filled to make up for the loss of these and the balance of the f unds will go into other administration/projects and/or an operating reserve within the Housing Authority. Mr. Hanson stated that the various positions are funded out of different projects or multiple projects.

Mr. Duquette stated from their discussion la st week he would suggest that Mr. Hanson is making a presentation on the 24th regarding the restructuring of his department, and should hold on any of these particular positions until concluded that discussion, that these positions are funded by external sources. He stated that what they are doing tonight is to get the city council’s endorsement of classifying the positions that were recommended for classification, the process of reducing the part- time or non-classified staff is in process for the first gr oup for the end of the 2001, but main issue tonight is getting an endorsement of the classification of the 11 City-funded positions and the 11 Health Department positions.

Council Member Glassheim moved to hold consideration of the Urban Development posit ions tonight; Council Member Gershman seconded the motion.

Council Member Burke stated that the Urban Development positions have so much to do with the reorganization of the department rather than the realignment of responsibilities, and this was more t o reflect the work that was being done and the duties and also the classified positions that exist and are not filled. Mr. Hanson stated that the restructure or reorganization of the Urban Development Department does include adding additional staff to the department, and if we fill the current empty classified positions and add additional staff and eliminate these temporary positions, would have a net loss of maybe 2 positions and that is what he is preparing to present to the committee of the whole next week.

Council Member Burke stated on the listing of the 39 positions, it doesn’t say what percent employment these people are on the previous list, most at 100% and 1 at 50%, and that in looking at the hourly rates and the salaries and that some of these a re perhaps quarter time positions. Mr. Duquette stated some of the positions did not work for full year and that was a reflection of that as well. He stated that the positions from Urban Development, from the last Flood Response Committee some time back, these positions were recommended for elimination at the end of this year and that’s why being carried as they are.

Council Members Glassheim and Gershman withdrew their motion.

Council Member Burke moved to approve the classification of the proposed employees and to reduce in force the 39 positions as listed on the table as presented to us. Council Member Bjerke seconded the motion.

Council Member Glassheim moved to divide the question and to remove the Urban Development positions from that motion and table them until further discussion of the reorganization of the department.

Mr. Swanson stated that motion would be out of order, as added three motions, first motion is procedural motion to divide the question has to be acted upon first before movi ng to an amendment or to a table.

Council Member Glassheim moved a motion to allow for division of the question; died for lack of a second. Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Member Glassheim voted against the motion.

APPROVE REQUEST FOR QUALIFICATIONS TO PERFORM A WAGE AND SALARY STUDY FOR THE CITY OF GRAND FORKS

The staff recommendation from the Human Resources staff relating to request for qualifications to perform a wage and salary study, with recommendation to approve the Request for Qualifications to perform a wage and salary study for the City of Grand Forks.

Council Member Burke asked for review of changes made in the proposal for the Request for Qualifications. Daryl Hovland, Human Resources, stated the makeup of the committee, stated they mirrored the makeup of the salary committee, including city council members employee reps. and a department head and recommended three city council members, two employee reps. and one department head.

Council Member Hamerlik suggested they have legal counsel present but not as committee member. Mr. Hovland stated he would be staff to the committee and they would have legal counsel.

It was moved by Council Member Burke to approve the Request for Qualifications as presented and explained by staff and also that meetings of this committee be held after 4:30 p.m. The motion was seconded by Council Member Christensen.

Council Member Bjerke asked if working with University, County, etc. Mr. Hovland stated he spoke with Dr. Denny Albert, dean of the Business and Public Administration College, that they had preliminary discuss ions about parts of the scope and some suggestions are that UND can use their MBA students as a research, undergraduates do the legwork and he has consultants on his faculty that have done wage and salary negotiations for other cities in North Dakota (Graf ton, Dickinson, etc.) and plan to utilize that resource. Council Member Bjerke stated he was assuming that Human Resources will put out a proposal but bidders will know that portion of this work will be done by us or through other local sources. Mr. Hovl and stated that when they discuss with the consultants, will be discussing scope of the work and that preliminary work will be done through Human Resources (position descriptions).

Council Member Kreun asked if that would coincide with positions that we w ould do it all ourselves and part of the RFP that he would bring to us a scope and costs of internally doing that particular study. Mr. Hovland stated however the council directs they want the wage and salary study done, that if they do it internally by their department, they will partner with UND and if go out with RFQ’s, they will inform the consultants that they are going to partner with UND and either way UND Business School will be used. Council Member Brooks stated that Human Resources will do the s tudy, Council Member Kreun stated that would be one portion that they could look at, or it could be as indicated that we would use a portion of UND and a portion of our staff and a portion of a consultant, and Mr. Hovland would bring back probably three di fferent proposals so that the city council could pick and choose to see which scope they want to actually look at and what the costs are. Council Member Brooks stated that HR is short one staff position and what staff in HR; Mr. Hovland stated they have three full-time equivalents in HR and that’s why in speaking with Mr. Alberts it would be a very valuable resource because they can do a lot of the legwork. Council Member Brooks stated that HR staff is four with one position vacant, and are down 25% in st affing and would put a strain on the department, and favored the idea of using the University’s expertise but need the external consultant to do that part of the work.

Council Member Stevens asked if Human Resources had considered approaching the County a nd partnering with them to share in the cost of this study. Mr. Hovland reported that Mr. Duquette has been approached by the County, their administrative specialist, and when consider partnering with the County, that our job families are very different a nd would be difficult doing a wage study together, but looking at partnering with them to get a discount from an external consultant, but as far as doing the same study for their job families as our job families, would be next to impossible.

Council Membe r Kreun stated he had a conversation with two of the County Commissioners and they would be interested in sharing whatever possibility that we could and also sharing in the cost.

Upon call for the question and upon voice vote, the motion carried 12 votes affirmative.

APPROVE PUBLIC TRANSPORTATION TASK FORCE FOR FARE INCREASE AND NIGHT RIDERSHIP

The staff report from the Mayor’s Office relating to Public Transportation task force for fare increase and night ridership, with recommendation for discussion purposes.

Tracey Livingood, 1823 North Washington Street, asked if the bus service can go to Valley Ho Trailer Court; Mayor Bro wn stated that would be done through the public works department, Mr. Feland will get her questions answered.

Mayor Brown announced the appointment of the following committee: Bus Service and Fare Increase Service Task Force issue - Night Bus Service: Ma ry Weaver, consumer; Bobby Vogel, consumer; Chris Frost, UND student; Council Members Hamerlik and Bjerke, with Council Member Bjerke to chair the committee. Fare Increase: Petra Clemens, consumer; Frank Harlow, consumer; Council Member Burke and Council Member Bakken, and Developmental Homes representative, with Council Member Burke to chair that committee.

Council Member Burke asked if it was the original intention to have two task forces or one; Mayor Brown stated one, but it was requested they be d ivided. Council Member Hamerlik reported that the Public Transportation Committee discussed this at length and they recommended two committees.

Council Member Burke stated there needs to be a coordination of thought on these items, and moved that we comb ine the appointees into one task force to handle both issues. Council Member Brooks seconded the motion.

Council Member Hamerlik stated that the night bus service will terminate November 1 unless we get a report that says something to the effect that we can make it pay or do better with changing routes, having two committees will help bring that one forward, we still have to have the council’s approval to fund it after November 1 and have to come in before November 1.

Council Members Klave and Christensen call for the question. Carried 12 votes affirmative.

Upon call for the question and upon voice vote, the motion failed.

Council Member Hamerlik, moved that we accept the recommendation of the mayor with the committee appointments and chairs as indic ated for the two separate committees. Council Member Gershman seconded the motion.

After further discussion Council Members Hamerlik and Council Member Christensen called for the question. Carried 12 votes affirmative. Upon call for the question on the motion and upon voice vote, the motion carried 11 votes affirmative; Council Member Bjerke voted against the motion.

AWARD CONTRACT FOR RELOCATION OF HISTORIC HOMES

The staff report from the Urban Development Office relating to award of contract for relocation of historic homes, with recommendation to award project to low bidder and authorize staff to proceed with a contract. A memo from the Urban Development Office recommended that the council award the project to the low bidder Cameo Homes, and authorize staff to proceed with execution of a contract for the base bid plus alternate in the amount of $60,686.50, funding through the historic mitigation project currently underway. The houses will be offered for private sale once relocations are finalized.

Council Member Bjerke asked for clarification on the matter of relocation of historic homes, that the City has to keep 20 out of 29 homes for this agreement, if the Ci ty is keeping more than 20 it would be less expensive to demolish the houses rather than relocating them. Mr. Hanson stated that under the CDBG Memorandum of Understanding we are not keeping more than the 20 we are required to keep, and would be less expe nsive to demolish but under the Memorandum of Understanding we can’t. Council Member Bjerke submitted a listing to Mr. Hanson showing that 23 houses were being kept. Mr. Hanson stated he would take the list and come back with an answer next week; however , he asked if this item could be approved contingent upon clarification.

Council Member Bjerke moved to approve the recommended council action, contingent that we are not over 20 houses on the list; Council Member Christensen seconded the motion. Carri ed 12 votes affirmative.

Council Member Hamerlik and Council Member Christensen asked for a special council meeting next Monday night in the event that we are over the 20 houses so that we can make that decision; Mayor Brown noted there would be a tentati ve council meeting next Monday based on the findings of Mr. Hanson.

AUTHORIZE STAFF TO PURSUE DEVELOPMENT OF A NEIGHBORHOOD REVITALIZATION STRATEGY AREA

The staff report from the Urban Development Office relating to Neighborhood Revitalization Stra tegy, with recommendation to authorize staff to pursue the development of a neighborhood revitalization strategy area.

Council Member Burke asked if it would be a staff function to develop this program and if there would be a reasonable date to expect for a report on this. Mr. Hanson reported that the establishment of this zone is not a speedy process and could have a report back to council within 45 days on the progress, and have to set up some local committees within the area for input and that is a req uirement of the area having designation, input from the non-profits, citizens and businesses. Council Member Burke stated he was suggesting that when they reach a point where they want to start going public when we have a plan or proposal developed by sta ff about what neighborhoods to go after or what the priorities are, funding sources and what we want to accomplish with an NRS. Mr. Hanson stated that within the 30 to 45 day timeframe they would be ready for that.

After some discussion it was moved by Council Member Christensen and seconded by Council Member Stevens that the mayor appoint three person from the council to assist staff in the NRS development. Carried 11 votes affirmative; Council Member Bjerke voted against the motion.

REFER MATTER OF PROPOSED ORDINANCE RELATIVE TO AMENDING TEXT OF LAND DEVEOPMENT CODE RE. NON-CONFORMING PARCELS, DENSITY REQUIREMENTS FOR THOSE PARCELS OF LESS THAN 20 ACRES BACK TO COMMMITTEE

The staff report from the Planning and Zoning Commission relating to preliminary approval of an ordinance to amend the text of the Land Development Code: Chapter XVIII, Section 18-0207, A-2 Agricultural Reserve District, (6) Required Lot Area, Width, and D epth, (11) Special Conditions (B) Non -farm Single Family Dwellings relating to non-conforming parcels…density requirement for those parcels of less than twenty (20) acres shall be at least at a ratio of one (1) unit per two and one- half acres relating to l ot sizes, with recommendation for preliminary approval of ordinance and for the city council to set a public hearing for October 15, 2001.

Council Member Kreun moved that this matter be referred back to committee for further consideration; the motion was seconded by Council Member Klave. Carried 12 votes affirmative.

ALLOCATE ADDITIONAL FUNDING FOR INTERIM FLOOD PROTECTION, PROJECT NO. 5200, 2001 FLOOD PREPARATION

The staff report from the Engineering Department relating to consideration of awardi ng additional funding for interim flood protection, with recommendation to allocate $50,000 for additional interim flood protection enhancements and authorize staff to enter into change order No. 4 for Project No. 5200, 2001 Flood Preparation.

Council Mem ber Kerian moved acceptance of the allocation of the $50,000 for purpose of interim flood protection. Council Member Bakken seconded the motion. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glasshei m, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

INTRODUCE ORDINANCE RELATING TO COLLECTION OF EXCISE TAX ON TELEPHONE ACCESS LINES

Mr. Swanson stated it was unclear as to what the council’s intent was, that in looking at the minutes of the committee of the whole there was no discussion on the draft ordinance, and no recommendation in the packet.

It was moved by Council Member Burke to approve the proposed ordinance and i ntroduce the ordinance for first reading. Council Member Christensen seconded the motion. Carried 12 votes affirmative. Council Member Bakken introduced an ordinance entitled “An ordinance amending Section 22-0403 relating to collection of excise tax on telephone access lines”, which was presented, read and passed on its first reading.

TABLE SEARCH FOR ADMINISTRATIVE COORDINATOR UNTIL JULY, 2002

The staff report from Human Resources Department relating to approval of job description for administr ative coordinator position, with recommendation to approve the job description for the administrative coordinator position and the organizational chart for the City of Grand Forks.

Council Member Gershman stated that they are in the middle of some very sensitive employment issues that would be very difficult to transfer and pass decision on at this time and could delay the study and the decision, and concerned that in order to go for ward with the plans, it appears that the council wants to have addressed, that we would spend $25,000 to $35,000 on the search by bringing various people in if there were qualified candidates and could delay the process up to a year and with those issues i n mind, he moved to table the administrative coordinator search and request that the mayor appoint an interim administrative coordinator until at least July of 2002, at which time the new council can revisit this position and job description. Council Member Hamerlik seconded the motion.

Council Member Brooks stated he would support the motion but had an amendment, need a definite date, and moved to delete the words “..at least..” and leave at the date mentioned. The mover and second agreed to a friendly amendment.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Member Bjerke voted against the motion.

Mayor Brown noted that the organizational chart is for information, and still a draft.

APPROVE MINUTES AUGUST 30 AND SEPTEMBER 4, 2001

Typewritten copies of the minutes of the city council special meeting held on Monday, August 30, 2001 and of the regular city council meeting held on Tuesday, September 4, 2001, were presented and read. Council Member Bj erke stated that the minutes of September 4, page 5, showed an incorrect vote on a recommendation relating to the bids for City Project No.5266, minutes showed 12 votes and should have been 11. It was moved by Council Member Bjerke and seconded by Council Member Hamerlik to approve the minutes as corrected. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 01-18, dated September 17, 2001 and totaling $808,744.31. were presented and read.

It was moved by Council Member Bakken and seconded by Council Member Klave 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, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried and the bills ordered paid.

ADMINISTRATIVE COORDINATOR COMMENTS

Mr. Duquette stated they have had some contact from council members during the last week about a couple items related to the tragedies in Washington, DC and New York, that we are flying our flags at half staff and recognizing victims of the tragedy. He also noted there has been some discussion about organizing and putting together a resolution from the City of Grand Forks to those communities and working with public safety people as they begin to organize what they are going to do in this community for those folks, and suggested that we send a group of public safety people there and carry with them our resolution as community and will be drafting that under the mayor’s and city council’s names.

MAYOR AND COUNCIL COMMENTS

1) Council Member Gershman reported that on Friday he had the honor of speaking at a ceremony, memorial service at the University of North Dakota that was put together by Native American Students on campus and read a portion of what he said there, “…that it was fitting that they organized this, that the Native American has a history of service in our armed forces and have, by that service, demonstrated a fierce and moving patriotism for America, that these attacks were an attempt to tear us apart, instead the attacks have brought us together, all of our differences seem so small today and perhaps they truly are. We must be tolerant and respectful of our foreign students on campus and of our foreign neighbors in this city, they didn’t do this, their hearts are broken too. Please exercise respect and restraint as we go through this terrible time..” He also stated that this week we have witnessed the best of humanity and the worst of humanity, that the best of humanity deserves words, the police forces, emer gency medical teams and firefighters of New York understanding better than most the danger of collapsing buildings ran towards them and into them to save lives, the purest kind of bravery and unselfishness were displayed. The members of our police forces, emergency medical teams and fire departments are special Americans, they deserve our praise, respect and gratitude and may God bless those who were lost.

2) Council Member Brooks congratulated the Airport Authority, staff for the job they did Tuesday re lated to the flight that came in and reacting to a concern with one of the planes, and would like to thank the Grand Forks Herald for the flag they put in the paper for people.

3) Council Member Kreun thanked Senator Dorgan re. article and news release and amendment to the stopping of selling of disaster loans to private companies, that Senator Dorgan learned that nearly 1200 SBA disaster loans made to North Dakota businesses and individuals following the 1997 Grand Forks flood and other state dis asters were sold to private lenders, these lenders often did not offer the same flexibility and services that the SBA had provided borrowers; that Senator Dorgan stated he had tried to resolve the issue directly with SBA Administrator but his amendment hal ting future sales next year was necessary because SBA's failure to act on his request and made the amendment to halt sales of disaster loans giving those who currently have these loans assurance and the commitment they were with the federal government, and thinks that’s important as far as our economy goes and would like to draw council’s attention to that and thank Mr. Dorgan for his work in helping us continue with our recovery.

4) Council Member Bakken stated that we have the steadfast willpower to do what is necessary and thinks the world realizes that, and we are willing to make the sacrifices necessary; some of the sacrifices are going to be our young people - unfortunately before we’re done, we’re going to lose some, have already lost some people, a nd we, as citizens, also have things that we need to do so that the terrorists don’t win, and one of the things is go about our everyday business, normally, can’t stop doing the things we normally do - can’t change what have planned because of these people or they win.

5) Council Member Christensen thanked Mr. Grasser and staff for work in making sure that the foundations removed and basements filled and black dirt put down as we near winter; and echoed things that were stated re. by council members re. the terrorists’ attack, and we need to continue to do what normally do, otherwise they win and they are not going to.

AUTHORIZE NEGOTIATION AND ACQUISITION OF REAL ESTATE FROM AN OFFICIAL OF THE CITY RE. ALIGNMENT FOR THE LEVEE

6) Mr. Swanson as ked for consideration of an item either tonight or next Monday at committee of the Whole meeting, a procedural motion, and reported that Mayor Brown owns a house that is in the alignment for the levee, we are in negotiations with Dr. Brown and his wife for the acquisition of that, however, there is a State statute that we cannot acquire any real estate from any officer of a city, and asked for an authorization that pursuant to NDCC 40-13-05 that we be authorized to negotiate and acquire real estate from Dr. Brown and his wife. He stated this has to be noted on the official minutes of the council meeting. It was so moved by Council Member Bakken and seconded by Council Member Klave. Carried 12 votes affirmative.

7) Mayor Brown thanked Mr. Shields for inf ormation relating to mental health facilities that are available in our community, and that in this time of crisis we feel that we need to do something, and that our fire department and our police department have activities planned.

Fire Chief O’Neill rep orted that the Fire Department along with the Police Department have lost a lot of brothers and sisters in New York, firefighters lost in excess of 300 and probably 50 to 60 police officers, and that is not to count EMS workers; the Fire Department with th e aid of the Local l099 Union and the Women’s Auxiliary and also working with the Police Department, intend to have a spaghetti feed on October 2 at the Alerus Center, with no set price but a donation of your choice, and hope to invite the public and 100 % of proceeds will go to the New York fire and police employees and families that have lost their lives. He stated that firefighters and police officers are very close knit family and intend to take care of our own. He stated they also hope to have a ben efit at the Empire Arts Theatre, and 100% of proceeds of that will go to New York and thanked council and citizens of Grand Forks for what support they’ve shown the fire department in the past few days; and appreciate all of the thoughts that are going t o them right now. Council Member Hamerlik asked if he was requesting the council people to help serve that; Mayor Brown agreed. Chief O’Neill stated they would accept volunteers to help with that, their local union president is going to be head of that and will put him in touch with them.

ADJOURN

It was moved by Council Member Kreun and seconded by Council Member Christensen that we do now adjourn. Carried 12 votes affirmative.

Respectfully submitted,

Saroj Jerath, Deputy City Auditor Approved: ______Michael R. Brown, Mayor