Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 5, 2007
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 5, 2007 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim (teleconference), Gershman, Bakken, Kreun - 6; absent: none.
Thomas Johnson, winner of the 2007 Mayor for a Day essay, called the meeting to order and called for the pledge of allegiance to the flag. He stated the various events during the past week:
Congratulations to all the area athletes for a good sports weekend and those athletes in the area for tournaments, and look forward for great tournament action.
This week is Municipal Government Week and time to learn more about city government and what it does; that the Mayor and council members will be talking to students in elementary schools and high schools; and today there was an open house in City Hall.
He read his essay to the council.
Mikayla Patterson, runner up, read her essay.
Mayor Brown thanked Tom and Mikayla for their participation this evening and presented them a token of appreciation; and that he would be visiting their classes on Wednesday.
COUNCIL MEMBER CHRISTENSEN REPORTED PRESENT
Mayor Brown proclaimed the week of March 5 as Municipal Government Week and read the proclamation. He reminded everyone of the 2007 State of the City address on Monday, March 12, 2007 at 12:00 noon at the Alerus Center.
He thanked our local legislators for the work they have been doing in Bismarck; some city staff and Council Member Kreun plan to be in Bismarck this week as we try to move forward with legislation for meaningful and sustained property tax relief. He thanked Mike Jacobs for his column yesterday in the Grand Forks Herald of pointing out that it is the State's responsibility to fund education. He stated good luck to all our officials and legislators as they tackle this issue and that we are here to help if they need any assistance.
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.
ADOPT ORDINANCE NO. 4171, REPEALING SUBSECTION
(7) OF SECTION 9-0503 RELATING TO PENALTIES FOR
SPECIFIED OFFENSES (LOUD PARTY)
An ordinance entitled "An ordinance repealing subsection (7) of Section 9-0503 of the Grand Forks City Code relating to penalties for specified offenses, (loud party)", which had been introduced and passed on its first reading on February 20, 2007, was presented and read for consideration on second reading and final passage.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4172, AMENDING SECTION
21-0205 OF THE GRAND FORKS CITY CODE RE. TO
BOWLING CENTER ALCOHOLIC BEVERAGE LICENSE
An ordinance entitled "An ordinance amending Section 21-0205 of the Grand Forks City Code relating to Class 9 Bowling Center Alcoholic Beverage License", which had been introduced and passed on its first reading on February 20, 2007, was presented and read for consideration on second reading and final passage.
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Member Kreun and seconded by Council Member Glassheim. Carried 6 votes affirmative.
Mayor Brown opened the public hearing, there were no comments and the hearing was closed.
Council Member Glassheim stated that after the discussions re. binge drinking and excessive drinking, was concerned that opening it up and expanding areas where drinking can take place; that you allow something on special occasions and gets expanded to all bowling activities.
Council Member Kreun stated that consumption of alcoholic beverages is authorized during league bowling, tournament type bowling and the only time not authorized is during open bowling; all the requirements stay the same as far as responsibility of owner and proprietor but gives opportunity for other individuals to have group activities take place; being consistent.
Jim Flynn, 3557 Norkota Court and owner of Red Ray Lanes, stated comments about availability and binge drinking, that they have good record of controlling alcohol consumption in their establishment, very proactive where minors are concerned, have passed compliance checks and zero citations re. alcohol. He stated the ordinance puts them more in framework of restaurants and motels with pool areas where patrons are allowed to come in and have a beverage of their choice, not there to serve high volume consumption client, but to serve occasional beverages to their bowling customers.
Upon call for the question of adoption of the ordinance, and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Christensen, Bakken, Kreun - 5; voting "nay": Council Member Glassheim - 1. Council Member Gershman recused. Mayor Brown declared the ordinance adopted.
APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO COMMERCIAL
AND RESIDENTIAL BUILDINGS
The staff report from the city assessor relating to applications for exemption of remodeling improvements to commercial and residential buildings as follows: 650 49th Avenue South, 504 North 14th Street, 2200 South Washington Street, 916 North 4th Street, 3320 Cherry Lynn Drive, 1620 State Mill Road, 2615 Cherry Street, 806 25th Avenue South and 1515 Olive Street; with recommendation to grant exemptions of increased value for three (3) years.
It was moved by Council Member Kreun and seconded by Council Member McNamara that this recommendation be approved. Carried 7 votes affirmative.
SET PUBLIC HEARING DATE ON APPLICATION FOR
PROPERTY TAX EXEMPTION FOR NEW BUSINESS
BY AURORA MEDICAL CENTER, LLC
The staff report from the city assessor relating to application for 5 year property tax exemption for new business, Aurora Medical Center, LLC at 1451 44th Avenue South, Unit C, with recommendation to establish date for public hearing for April 2, 2007 on this exemption.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE TRANSFER OF CLASS 1 (GENERAL ON/OFF
SALE LIQUOR AND BEER) LICENSE TO GCS INVEST-
MENTS, INC.
The staff report from the city auditor's office relating to application for transfer of Class 1 (General On/Off Sale Liquor and Beer) license from LPO, Inc. dba Uptown-Downtown, 10 North 3rd Street to GCS Investments, Inc. dba O'Really's Irish Pub/Level 10 Martini Bar; with recommendation to approve issuance of the license contingent upon the approval of the city attorney and the police department and sign off by appropriate departments.
It was moved by Council Member Kreun and seconded by Council McNamara that this recommendation be approved.
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Member Kreun and seconded by Council Member Bakken. Carried 6 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Gershman recused.
ACCEPT LOW BID AND AWARD CONTRACT FOR
PROJECT NO. 6074, 2007 ADA CURB RAMPS
The staff report from the engineering department relating to consideration of bids for construction of Project No. 6074, 2007 ADA Curb Ramps, with recommendation to award contract to low bidder, Tony Anderson Construction, Inc. in the amount of $44,780.00.
It was moved by Council Member Kreun and seconded by Council Member McNamara that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the contract awarded.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 6026, DISTRICT NO. 626
The city engineer's estimate of total cost of the construction of paving and street lighting in Columbia Park 32nd Addition in the amount of $ was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6026, District No. 626, paving Columbia Park 32nd Addition, 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 Kreun introduced the following resolution which was presented and read: Document No. 9005 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member McNamara that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 6033, DISTRICT NO. 628
The city engineer's estimate of total cost of the construction of paving, street lighting and storm sewer along South 38th Street between the north property line of Lot 7, Block 1 of Columbia Park 27th Addition to the Southend Drainway, in the amount of $ was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 6033, District No. 628, paving South 38th Street (north property line of Lot 7, Block 1, Columbia Park 27th Addition to the Southend Drainway), 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 Kreun introduced the following resolution which was presented and read: Document No. 9006 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member McNamara 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. 6064, DISTRICT NO. 454
The staff report from the engineering department relating to creating special assessment district for Project No. 6064, District No. 454, sanitary sewer for 301 and 333 Desiree Drive, 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 Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 9007 - Resolution.
The city auditor presented and read the engineer's report on Sewer Project No. 6064, District No. 454: Document No. 9008 - Report.
Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9009 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member McNamara 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. 6064, District No. 454, be accepted and adopted. Upon roll call he 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.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR WATERMAIN PROJECT NO. 6065, DISTRICT NO. 296
The staff report from the engineering department relating to creating special assessment district for Project No. 6065, District No. 296, watermain for 301 and 333 Desiree Drive, 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 Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 9010 - Resolution.
The city auditor presented and read the engineer's report on Watermain Project No. 6065, District No. 296: Document No. 9011 - Report.
Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9012 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member McNamara 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 Watermain Project No. 6065, District No. 296, be accepted and adopted. Upon roll call he 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.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS
FOR SEWER PROJECT NO. 6066, DISTRICT NO. 455
The staff report from the engineering department relating to creating special assessment district for Project No. 6066, District No. 455, storm sewer for Desiree Drive (Adams Drive to west property line of 301 Desiree Drive), 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 Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 9013 - Resolution.
The city auditor presented and read the engineer's report on Sewer Project No. 6066, District No. 455: Document No. 9014 - Report.
Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9015 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member McNamara 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. 6066, District No. 455, be accepted and adopted. Upon roll call he 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.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT
NO. 6067, DISTRICT NO. 629
The staff report from the engineering department relating to creating special assessment district for Project No. 6067, District No. 629, paving and street lighting for Desiree Drive (Adams Drive to west property line of 301 Desiree Drive), 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 Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 9016 - Resolution.
The city auditor presented and read the engineer's report on Sewer Project No. 6067, District No. 629: Document No. 9017 - Report.
Council Member Kreun introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 9018 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member McNamara that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Paving Project No. 6067, District No. 629, be accepted and adopted. Upon roll call he 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 USE AGREEMENT WITH LIONS CLUB FOR
CHRISTMAS IN THE PARK EVENT
The staff report from the greenway coordinator relating to Use Agreement with Lions Club for Lincoln Drive, Christmas in the Park event, with recommendation to approve the Use Agreement between Lions Club and City of Grand Forks contingent upon approval by the city attorney.
It was moved by Council Member Kreun and seconded by Council Member McNamara that this recommendation be approved. Carried 7 votes affirmative.
APPROVE INTEREST IN RED RIVER VALLEY REGIONAL
LANDFILL
The staff report from the director of public works relating to Red River Valley Regional Landfill (RRVRL), with recommendation that the City of Grand Forks is interested in exploring the Red River Valley Regional Landfill concept as one potential solution to municipal solid waste disposal for the city of Grand Forks and the region. Exploring the RRVRL concept does not preclude other alternatives such as the Turtle River Township landfill site and potential municipal solid waste disposal options within and outside the City's extraterritorial zone.
It was moved by Council Member Kreun and seconded by Council Member McNamara that this recommendation be approved. Carried 7 votes affirmative.
ACCEPT BID FOR TRUCK FOR STREET DIVISION
The staff report from the public works department, Streets Division tandem truck, box and hoist bid, with recommendation to approve bid of Nelson International as lowest and best bid in the amount of $72,300.00.
It was moved by Council Member Kreun and seconded by Council Member McNamara that this recommendation be approved. 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.
APPROVE BID FOR MOTOR GRADER FOR STREET
DIVISION
The staff report from the public works department, Streets Division motor grader bid, with recommendation to approve bid of Butler Machinery Company as the lowest and best bid in the amount of $187,622.00.
It was moved by Council Member Kreun and seconded by Council Member McNamara that this recommendation be approved. 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.
MUNICIPAL PARKING SYSTEM
The staff report from the director of urban development relating to municipal parking system, with recommendation to designate the Office of Urban Development to manage the municipal parking system and direct the Office to implement, with council approval, the recommendations set forth in the MPO study of parking needs in downtown Grand Forks: 1) designate Office of Urban Development to manage the municipal parking system, enforce parking regulations for all public parking spaces, including those on-street within the municipal parking system's boundaries, and to implement the study; 2) authorize the Office of Urban Development to undertake, subject to available budget, security and maintenance improvements in the Corporate and Central ramps; 3) apply all revenues generated through management of the municipal parking system to operate, maintain, upgrade the system and to offset, where prudent, parking assessments; 4) implement angle parking on test sites on 2nd Avenue North with short time parking considerations and North 3rd Street (1st to 2nd Avenue, once work zone is vacated) starting in the spring of 2007. Engineering staff will begin work to amend the stated contracts; 5) Office of Urban Development will coordinate the installation of parking directional signage, prepare a downtown parking map, and survey business about 1 hour parking; and 6) Office of Urban Development will meet bimonthly with a downtown group to be determined to discuss parking situations.
It was moved by Council Member Kreun and seconded by Council Member McNamara that this recommendation be approved. Carried 7 votes affirmative.
Council Member Christensen questioned implementation of diagonal parking in downtown areas, two hour parking, and whether downtown businesses would continue to pay parking fees. Mr. Hoover stated that diagonal parking would be implemented when weather permits striping, and that there would be further study on his other questions and would come back to council because of changes in ordinances; and also noted that they are gathering information for security of the Central ramp, i.e., cameras, spalling, resurfacing and painting, that they have $67,000 for capital expenses, and will have to look at the budget to see if there are other ways to raise additional revenue to do those things. Council Member Christensen stated that there is private security in the ramps and trying to move people off the street into the ramps, and would hope to get the previous group to begin answering these questions and have a plan in place by September, 2007. Mr. Hoover stated that they continue using members of that group for specific items.
APPROVE GATEWAY DRIVE ENTRY FEATURE
The staff report from the director of Urban Development relating to Gateway Drive entry feature, with recommendation to approve design and construction of an entry feature consisting of 1) the sign structure concept submitted by JLG Architects located in the center median; 2) landscaping in the center median to provide a strong visual background for the structure; 3) "bookend" planting beds in the north and south medians per the original concept, with mounding boulders, trees and low maintenance plant materials but no structures 4) lighting that focuses on illuminating the center structure/flags and provides for seasonal lighting in the "bookends"; and 5) a two-year warranty period.
Meridith Richards, urban development, made a brief presentation of sign structure and landscaping on Gateway Drive, and reported that the Gateway Drive Committee reviewed concepts and developed a recommendation, that Ulteig Engineering attempted to put it in visual form and has taken the design structure submitted by JLG Architects for the center median and put in landscaping behind it and staff thinks it is a good compromise. In terms of cost the review that Ulteig has done seems to think this will fall within the original budget amount and to allow for the structure to be made of stainless steel, that in terms of additional cost associated with the design, Ulteig and DOT are tracking those very closely and if there should be additional design costs they are looking to $1,000 to $2,000 at the most that would be passed on to the City. She stated that if the council approves the recommendation, that this is in the concept stage to pick key elements and allow Ulteig to move forward with the design; and the idea is to approve the concept and design details will be worked with the Gateway Drive Committee and Ulteig.
Council Member Gershman stated that the committee had talked about eliminating the flags because of maintenance because of high wind area, labor in changing and additional lighting, and suggested that they do it without the flags because of maintenance and cost. The committee also talked about lower evergreens in back of the sign so not having to look at the back of the sign when leaving the city.
Council Member Kreun reported that a citizen came up and gave him a hand written drawing, and he indicated that the deadline maybe already passed but she suggested that they put this in with the mix, given by Ann Smith.
Council Member Christensen stated that the committee has done a lot of work on this, and if approve the concept that they strive to have the floating look with this sign, and to try to replicate that.
It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved, with elimination of flags. Carried 7 votes affirmative.
INFORMATIONAL ITEMS
The Statement of Changes in Cash Balances as of December 31, 2006, and the Statement of Changes in Cash Balances as of January 31, 2007, were presented to the council for their information.
APPROVE BILL LISTING AND FLOOD SUMMARY
Vendor Payment Listing No. 07-05, dated March 2, 2007 and totaling $1,106,128.89, and Estimate Summary in the amount of $574,625.49, 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 FEBRUARY 20, 2007
Typewritten copies of the minutes of the city council held on Tuesday, February 20, 2007 were presented and read. It was moved by Council Member Gershman and seconded by Council Member Bakken that these minutes be approved as read. Carried 7 votes affirmative.
MAYOR AND COUNCIL COMMENTS
1) Council Member Christensen stated there was a brochure in their packets, City Area's Transit, and that council and staff should be proud of the result, and thanked the staff for the greenway and maintaining bikepaths in the greenway, that on Sunday kids having a great time on both side of the dike, bikepaths wide open and seeing effects of the greenway in all seasons - good community asset.
2) Council Member Bakken reported he is still hearing complaints re. property taxes, driving citizens out and that if State would do something to ease burden state-wide. Council Member Glassheim stated preliminarily one of the Senate bills re. property tax relief through the School District looked to be that the State would pick up approx. 30 mills of the school district taxing and require reduction of the 30 mills that the State would pay - but still preliminary.
3) Council Member Kreun reminded everyone that there be a Service/Safety Standby Committee meeting tomorrow, March 6, 2007 at 4:00 p.m., relating to ordinances and that they will only gather information but no decision, and also an update on public transportation.
4) Council Member Gershman comments re. parking lot at Lincoln and Belmont, that over the weekend the parking lot was packed, street packed and that last year in January the neighbors agreed that they wanted the parking lot there and allow the people to use it; and thanked neighbors in that area.
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Brooks that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
______________________________________
Harold A. Gershman, President of City Council