Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 15, 2010
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 15, 2010 at the hour of 5:30 o’clock p.m. with Vice President Glassheim presiding. Present at roll call were Council Members Bjerke (teleconference), McNamara, Glassheim, Gershman (teleconference), Bakken, Kreun - 6; absent: none. Mayor Brown (teleconference).
Vice Chairman Glassheim reported that Mayor Brown was out of town at the National League of Cities meeting in Washington, D.C. but that he would be on conference call during the meeting.
Vice President Glassheim 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.
EMPLOYEE RECOGNITION
Vice President Glassheim reported there were seven city employees who have reached employment milestones and recognized the following employees and thanked them for their dedication.
Sgt. Kevin Kallinen, 30 years with the Grand Forks Police Department
Debbie Swanson, nursing supervisor at the Health Department, 25 years.
Kathy Dunn, Health Department, 25 years
Dan Osowski, Street Department in Public Works, 25 years
Penny Johnson, 20 years, records supervisor at Police Department
Jon Knudson, Sanitation Division of Public Works for 15 years
Pete Aamold, Wastewater Division of Public Works, 15 years.
FLOOD FIGHT UPDATE
Al Grasser, city engineer, reported that last week had approx. an inch of rain and about inch and half near Fargo area, and between rain and warmer temperatures snow started melting off and got us to our current situation where have rapidly rising water. More snow to the west, but melting going on more in the MN area and that number of MN tributaries are in moderate to major flood stage, and are melting off first and coming in three different segments, our first phase is coming off MN tributaries and lot of that water will be in main channel and up to Grand Forks by this weekend; second phase is headwaters of the Red River in Wahpeton and Wild Rice River and third phase is Sheyenne River Basin which isn't moving yet. We will get a lot of water moved through the system, followed by water from the south through the system and then Sheyenne River water will come towards end. That means we will have fairly long duration event but we avoid really high peaks.
Council Member Christensen reported present.
He showed draft put out by the Weather Service re. Buffalo River in Dilworth - crests are below record and major stages with crests coming in here about Wednesday. One of the big influences in Grand Forks is the Red Lake River and river probably crested today in Crookston and that water here in 2 to 3 days but in advance of the water we get from Fargo - Fargo looking at crests this coming weekend. He stated we are in a rapid buildup phase due to water coming in on the MN side but not a real strong peak and want to move that water over longer period of time rather than a big peak. Grand Forks is having rapid rise in water the last couple days and for the next couple days, seeing 5, 6 and even 7 ft. rise per day on the Red River. Weather Channel's 10-day outlook, temperature outlook which is below normal temperature, normal precipitation and rather cool and trending to the dry side. He stated he didn't see lot of upward risks for Grand Forks on what they are projecting - Weather Service is predicting a range of 47 to 49 ft. sometime next week and refine that as we go through the period.
The EOC is planning to open on Wednesday and run a 12-hour day from 8:00 a.m. to 8:00 p.m. until such time as they determine they want to extend those hours out. The sandbag policy is that residents can get empty sandbags, County putting at several sites and that any citizen whether city or county that wants to pick up bags are asked to call the County Shop in order to keep track of who is getting bags.
The Point Bridge has water on it at 44.9 ft. and Sorlie has water on it at 46.2 ft. and both locations are on the East Side, and normally will close down little ahead of that - East Grand Forks calls for closure because they are lower.
AMEND AGENDA
Vice President Glassheim asked that the ordinance relating to smoking restrictions be placed at the top of the agenda as there are many people in the audience for that item; and that the matter of civil litigation that maybe done in closed session and would like that moved to the very end of the agenda.
It was moved by Council Member Bakken and seconded by Council Member Kreun to move item relating to smoking ban ordinance as the first item on the agenda. Carried 7 votes affirmative.
It was moved by Council Member Bakken and seconded by Council Member Kreun that the item relating to attorney consultation in anticipation of pending civil litigation be moved to the end of the agenda. Carried 7 votes affirmative.
INTRODUCE ORDINANCE AMENDING SECTIONS
13-1102 AND 13-1103 OF GRAND FORKS CITY CODE
RELATING TO INDOOR SMOKING REGULATIONS
The matter of smoking ban ordinance was presented to the city council for consideration.
Council Member Gershman stated he has been consistent in asking to be recused from issues that deal with alcohol or tobacco which affects people in the alcohol business and requested that he be recused from voting on the agenda items relating to transfer of alcoholic beverage license and smoking ban ordinance, and it was so moved by Council Member Bakken and seconded by Council Member Kreun. Carried 6 votes affirmative.
Council Member Gershman excused.
Vice President Glassheim asked for comments on whether to decide putting this item on the ballot or city council pass an ordinance tonight for first reading which would come back in two weeks for discussion and/or amendment. He announced that there were speaker cards available for people to sign in order to speak. It was also noted that council would have to decide whether to put this to vote of the people or make decision on that matter prior to taking comments relating to smoking restrictions or regulations.
A motion was made by Council Member Christensen that the matter of an ordinance go to an advisory vote of the people. Council Member McNamara seconded the motion.
Vice President Glassheim asked for comments by the city council.
Several council members, including Council Members Christensen, McNamara and Bjerke spoke in favor of putting the matter to a vote of the people, while Council Members Kreun, Bakken Glassheim spoke in favor of the city council making a decision on the smoking ordinance.
Vice President Glassheim asked for comments from the public relative to putting the matter to an advisory vote of the people.
The following individuals commented that this should be a decision of the city council and not be put to a vote of the people, that is the responsibility of the council to make that decision.
Doug Carpenter, 1250 Burbank Circle,
Jim Whitehead, professor at UND
Dr. Erick Johnson, 1605 15th Avenue NE, East Grand Forks, MN
Judy DeMers, 2200 South 29th Street, representing Board of Health
Laurie Betting, 81 Rivers Edge Drive, representative of University of North Dakota
Dorette Kerian, 3319 Primrose Court
Individuals commenting on placing the matter on a ballot for a vote by the people.
Paul Kobe,634 Schroeder Drive
Tony Kvasager, 1405 DeMers Avenue
Upon call for the question on the motion of whether to place the matter of the smoking ban ordinance to an advisory vote of the people and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Christensen - 3; voting "nay": Council Members Glassheim, Bakken, Kreun - 3. Mayor Brown voted to break the tie vote and voted no. Vice President Glassheim declared that the motion failed.
Council Member Bjerke moved that we pass an ordinance to ban the sale, use and possession of all tobacco products anywhere in the city limits of Grand Forks Council Member McNamara seconded the motion. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara - 2; voting "nay": Council Members Glassheim, Christensen, Bakken, Kreun - 4. Vice President Glassheim declared that the motion failed.
Council Member Christensen moved that the ordinance, Version B, that would ban smoking in the city, bars and restaurants, casinos, etc., but would allow the bar owners to have separate outdoor smoking area where no alcoholic beverages could be served but persons could take their beverage into the area to drink and smoke, with delayed implementation of November 1, 2010. Council Member Kreun seconded the motion.
Council Member McNamara moved an amendment to the motion that the ordinance would not include truck stops for a period of 3 to 5 years to allow them to recoup their investment. After some discussion the matter was held.
Council Member Bakken stated he would like to see added to this is that if you have a bar business, that you have a right to have a cigar/smoking room that is ventilated and only served by smokers, at owner's option, and later will make that a motion.
Vice President Glassheim asked for comments from the public on the general notion of smoking ordinance:
Individuals speaking against smoking and/or second hand smoke were the following :
Jennifer Verlinde, 26037th Avenue South, #16
Cordell Fontaine, director of Social Science Institute, spoke re validity of the survey.
Jim Whitehead, UND
Doug Carpenter
Dr. Eric Johnson
Jim and Jan Bailey, 621 8th Avenue South
Mary Coleman, 1517 Oak Street
Individuals speaking against change in the smoking regulations:
Ray Dohman
Paul Kobe, 634 Schroder Drive
Council Member Bjerke moved an amendment to the motion that at the effective date of this ordinance the City of Grand Forks will no longer accept any tobacco tax money or any or any tobacco settlement money from any other governmental entity. The amendment died for lack of a second.
Council Member McNamara stated that if Council Member Bjerke would amend his motion to not include any tobacco settlement money, would second the motion. Council Member Bjerke amended his motion, which was seconded by Council Member McNamara. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara - 2; voting "nay": Council Members Glassheim, Christensen, Bakken, Kreun - 4. Vice President Glassheim declared the motion defeated.
Council Member McNamara stated relative to the truck stop issue moved an amendment to the motion that he would be open to it for a period of five (5) years and at that point ordinance would go into effect for a truck stop. Council Member Bjerke seconded the motion. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Bakken - 3; voting "nay": Council Members Glassheim, Christensen, Kreun - 3. Mayor Brown voted to break the tie and voted No. Vice President Glassheim declared the motion failed.
Council Member Bakken moved an amendment to the motion that we allow the bars the opportunity to add a smoking room for smoking patrons, room that is ventilated according to what the City decides the Code should for ventilation and served only for smokers. Council Member Bjerke seconded the motion.
Council Member McNamara reported that last week a similar situation was brought up that exists in all the hotels that have smoking rooms and if to be consistent, should the smoking ban update be extended to those rooms in hotels as employees go in and service those rooms, and asked if that should not be extended to hotels as well. Council Member Kreun stated there is situation but that people are not in the rooms when there is smoking, but situation has come up with thirdhand smoke, contact with the skin through linens, etc. but at this point in time unless he receives more information, that at this point in time if it is the same degree that we have with secondhand smoke and health issues.
Mr. Swanson stated we have a specific exemption for hotel/motel rooms and was treated along the lines of residential units but the term domicile has specific legal connotations that go along with various elements of voting, etc. and we don't rely upon domicile in our ordinance. He noted that is in Section 13-1103, subdivision 3, subsection A and excludes the smoking restrictions to private residences, subsection B restricts it to hotel/motel rooms that are designated as either smoking or non-smoking so the hotel can designate smoking rooms or non-smoking rooms and enforce it within that designation.
Vice President Glassheim asked for additional information for council and implications of it before final passage.
Upon call for the question on the amendment and upon roll call, the following voted "aye": Council Members Bjerke, Bakken - 2; voting "nay": Council Members McNamara, Glassheim, Christensen, Kreun - 4. Vice President Glassheim declared that the amendment failed.
Upon call for the question on the original motion to introduce the ordinance, Version B, with a November 1, 2010 implementation date.
Josh Gilleland, Gilly's Bar and Grill, spoke re. implementation date, that there were a few issues to consider, one would be construction time for facility to be able to modify and construct or create areas where smokers can smoke in open air exterior; giving them enough time to transition, educate the staff, clientele and public; and give them a summertime transition due to behavioral patterns and change that would lessen impact to bars, to April or May of 201l. That if give 6 month transition time would put them in dead of winter and lose number of smoking clientele if transition in the wintertime, would be a hard economic hit to bars. He also noted that both Fargo and MN allow servers to serve on the patios.
Mr. Swanson stated that patio or area is in the ordinance provided that area is part of their designated/licensed premise and cannot include public sidewalks, i.e., public right of way and is included in Draft B, cannot have food, that it allows them to take drinks out but no server and no sale.
Council Member Bjerke moved an amendment to allow service on patios, etc. Mr. Swanson stated he didn't think that was an item of research but an item of discussion that he had concerning other issues, i.e., noise, activity, etc. in open areas, on rooftops, etc. and if move from an indoor environment to an outdoor environment, but did not do any researching re. impact and not included
Council Member Bjerke withdrew his amendment to the motion for tonight if they would ask appropriate staff to research this and come back and could make motion at April 5 meeting. Vice President Glassheim stated they would make that request to staff and Tobacco Coalition, etc. or whoever else has information about this matter and deal with this at the April 5 meeting.
Council Member Bakken questioned if going to allow drinking in outside area, who will monitor, could carry out and give to minor, etc. Mr. Swanson reported that if there is someone who removes alcohol from the designated licensed area, it is a violation of the individual removing the alcohol and is a violation of licensed premise. He stated that if it is on their licensed premises, they bear the responsibility whether they are actively serving there or not; and the way Version B is drafted was that they were not allowed to sell or serve in the outdoor area but allowed to bring out, and his office recommended that they not be allowed to remove alcohol to those outdoor areas, that it be a designated smoking area and that puts them on the same par as the restaurants are treated today. He stated the proposal that came from his office is Version A and that was changed at the work session to allow that alcoholic beverages could be removed to a designated smoking area provided it is on the licensed premise, and the request from Mr. Gilleland is to expand that to not only allow the alcohol be taken out but that it be allowed to be served and sold on those areas. Mr. Bakken stated that under Version B they can take it out unsupervised by any employee and are restricting the fact that the employees can't go out there. Mr. Swanson stated that they don't require that they have supervision under this ordinance or any existing ordinance; there was no prohibition for employees going out there.
Council Member Christensen stated that we are voting on Version B because the bar owners told us that if people want to go out and smoke in an open area, it is not safe for them to leave their unfinished drink inside, and they should be allowed to take their drink outside with them; but it isn't to say on April 5 we don't go back and prohibit it. That if the people want to go outside and smoke as doing in Fargo and because of health issue, didn't want employees being subjected to secondhand smoke serving alcohol outside.
Mr. Gilleland questioned smoking shelter or open space. Mr. Swanson stated that the City has already by interpretation identified what is and is not allowed in an outdoor structure for smoking, there are at least three that already exist in Grand Forks, they cannot be totally enclosed, there are some that have built in heat, some have shelters for roof and partial enclosure, but not a full enclosure, and that appears in the draft of the ordinance in definitions. He stated they have interpreted it as not allowing enclosed sides - something less than a four-sided structure. Council Member McNamara cautioned the hospitality industry from accepting those things as council may come back in later to make additional changes.
Upon call for the question and upon roll call the following voted "aye": Council Members Glassheim, Christensen, Kreun - 3; voting "nay": Council Members Bjerke, McNamara, Bakken - 3; Mayor Brown voted to break the tie, voted Yes. Vice President Glassheim declared the motion carried.
Council Member Christensen introduced an ordinance entitled "An ordinance amending Sections 13-1103 of the Grand Forks City Code relating to indoor smoking regulations", which was presented, read and passed on its first reading.
RECESS
Vice President Glassheim called for a brief recess at 7:45 p.m. while the audience cleared the council chambers.
ADOPT ORDINANCE NO. 4284, RELATING TO
STORMWATER MANAGEMENT
An ordinance entitled "An ordinance repealing Article 12 of Chapter XVIII of the Grand forks City Code, Land Development Code relating to stormwater management and adoption of Article 9 of Chapter XV of the Grand forks City Code relating to stormwater management and adoption of Section 18-0313 relating to stormwater management", which had been introduced and passed on its first reading on February 16, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with her office.
Vice President Glassheim opened the public hearing, there were no comments and the public hearing was closed.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Vice President Glassheim declared the ordinance adopted.
ADOPT ORDINANCE NO. 4285, ANNEXING ALL OF
SHADYRIDGE ESTATES NINTH ADDITION
An ordinance entitled "An ordinance to annex all of Shadyridge Estates Ninth Addition, not previously annexed, to the city of Grand Forks, North Dakota, together with the full width of all platted streets and public rights of way contiguous thereto", which had been introduced and passed on its first reading on February 16, 2010, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held this evening and further that to date no protests or grievances had been filed with her office.
Vice President Glassheim opened the public hearing, there were no comments and the public hearing was closed.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Vice President Glassheim declared the ordinance adopted.
ADOPT ORDINANCE NO 4286, ANNEXING LOT B
OF REPLAT OF LOTS 1 AND 2, BLOCK 1, AURORA
PLAZA ADDITION
An ordinance entitled "An ordinance to annex Lot B of the Replat of Lots 1 and 2, Block 1, Aurora Plaza Addition to the city of Grand Forks, North Dakota, together with the full width of all platted streets and public rights of way contiguous thereto", which had been introduced and passed on its first reading on February 16, 2010 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held this evening and further that to date no protests or grievances had been filed with her office.
Vice President Glassheim opened the public hearing, there were no comments and the public hearing was closed.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Vice President Glassheim declared the ordinance adopted.
ADOPT ORDINANCE AMENDING ZONING MAP TO
INCLUDE WITHIN SHADYRIDGE ESTATES PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 5, SHADYRIDGE
ESTATES ADDITIONS, GREENWOOD SUBDIVISION,
UNPLATTED PORTION OF SECTION 26
An ordinance entitled "An ordinance to amend the zoning map of the city of grand Forks, North Dakota, to rezone and exclude from the Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4 and to include within the Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5, all of Shadyridge Estates First Addition, Shadyridge Estates Second Addition, Shadyridge Third Addition, Shadyridge Estates Fourth Resubdivision, Shadyridge Fifth Resubdivision, Shadyridge Estates Sixth Addition, Greenwood Subdivision, Unplatted Portion of Section 26, Shadyridge Estates Seventh Addition, Shadyridge Estates Eighth Resubdivision, and all those lands to be platted as Shadyridge Estates Ninth Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 16, 2010, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held this evening and further that to date no protests or grievances had been filed with her office.
Vice President Glassheim opened the public hearing, there were no comments, and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to the request from Michael Marcotte for final approval of an ordinance to amend the zoning map to exclude from the Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, and to include within the Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 5, all of Shadyridge Estates First, Second and Third Additions, Shadyridge Estates Fourth and Fifth Resubdivisions, Shadyridge Estates Sixth, Seventh and Eighth Additions, Greenwood Subdivision, unplatted portion of Section 26, and all those lands to be platted as Shadyridge Estates Ninth Addition, all located in the vicinity of Adams Drive and Shadyridge Court, with recommendation for final approval to the ordinance.
It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Vice President Glassheim declared the ordinance adopted.
ADOPT ORDINANCE NO. 4288, AMENDING ZONING
MAP TO INCLUDE WITHIN GOLDEN VALLEY PUD,
CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 4,
LOT 1, BLOCK 2, AURORA PLAZA ADDITION, AMUNDSON'S
SECOND RESUBDIVISION, NODAK RESUBDIVISION, GOLDEN
VALLEY FIRST AND SECOND ADDITIONS, LOTS 3 AND 4,
BLOCK 1, AURORA PLAZA ADDITION AND LOT B, BLOCK 1 OF REPLAT OF LOTS 1 AND 2, BLOCK 1, AURORA PLAZA
ADDITION
An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Golden Valley PUD (Planned Unit Development0, Concept Development Plan, Amendment No. 3 and to include within the Golden Valley PUD (Planned Unit Development), Concept Development Plan, Amendment No 4, Lot 1, Block 2, Aurora Plaza Addition, all of Amundson's Second Resubdivision, Nodak Resubdivision, Golden Valley First and Second Additions, Lots 3 and 4, Block 1, Aurora Plaza Addition and Lot B, Block 1 of Replat of Lots 1 and 2, Block 1, Aurora Plaza Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on February 16, 2010, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held this evening and further that to date no protests or grievances had been filed with her office.
Vice President Glassheim opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to request from Bishop Michael Cole on behalf of the Gospel Outreach Church for final approval of an ordinance to amend the zoning map to exclude from the Golden Valley PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3 and to include within the Golden Valley PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, Lot 1, Block 2, Aurora Plaza Addition, all of
Amundson's Second Resubdivision, Nodak Resubdivision, Golden Valley First and Second Additions, Lots 3 and 4, Block 1, Aurora Plaza Addition and Lot B, Block 1 of the Replat of Lots 1 and 2, Block 1, Aurora Plaza Addition (located at 2587 South 42nd Street), with recommendation to give final approval of the ordinance.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Vice President Glassheim declared the ordinance adopted.
ADOPT ORDINANCE NO. 4289, RELATING TO
MEMBERSHIP OF GRAND FORKS EVENTS CENTER
COMMISSION
An ordinance entitled "An ordinance amending Section 24-0203 of the Grand Forks City Code relating to the members of the Grand Forks Events Center Commission", which had been introduced and passed on its first reading on March 8, 2010, was presented and read for consideration on second reading and final passage.
Vice President Glassheim called upon the audience to see if there were any comments, there were none.
Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Vice President Glassheim declared the ordinance adopted.
HOLD PUBLIC HEARING ON 2009 CONSOLIDSATED
ANNUAL PERFORMANCE EVALUATION REPORT
(CAPER)
The staff report from the urban development director relating to the 2009 Consolidated Annual Performance Evaluation Report (CAPER), with recommendation to hold public hearing on the report.
Vice President Glassheim opened the public hearing, there were no comments, and the public hearing was closed.
APPROVE EXEMPTION OF REMODELING
IMPROVEMENTS TO COMMERCIAL BUILDING
The staff report from the city assessor relating to application for exemption of remodeling improvements to commercial building at 217 South 4th Street, with recommendation to grant exemption of increased value for five years.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.
APPROVE EXEMPTION OF REMODELING
IMPROVEMENTS TO COMMERCIAL/RESIDENTIAL
BUILDINGS AT VARIOUS LOCATIONS
The staff report from the city assessor relating to applications for exemption of remodeling improvements to commercial/residential buildings at the following locations was presented: 312 Kittson Avenue, 1508 8th Avenue North, 5026 Belmont road, 706 Belmont road, 1710 South 35th Street, 1405 Library Circle, 801 Cottonwood Street, 4005 Chestnut Street, 1428 Cottonwood Street, 608 North 6th Street, 3228 Royal Drive, 2820 Chestnut Street, 2010 North Washington Street, and 512 4th Avenue South, with recommendation to grant exemptions of increased value for three years.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.
SET PUBLIC HEARING FOR TAX INCREMENT
FINANCING PROPERTY TAX EXEMPTION AT 615 1ST
AVENUE NORTH, AND REFER MATTER TO FINANCE
COMMITTEE
The staff report from the city assessor relating to request by Dakota Commercial and Development Company for tax increment financing property tax exemption, proposed Civic Place at 615 1st Avenue North, with recommendation to establish public hearing date for April 5, 2010.
It was moved by Council Member Christensen and seconded by Council Member Kreun that we establish the public hearing date for April 5, 2010 and refer the matter to the finance/development standby committee for consideration. Carried 6 votes affirmative.
APPROVE TRANSFER OF ALCOHOLIC BEVERAGE
LICENSE AT 2950 10TH AVENUE NORTH
The staff report from the finance director relating to request for transfer of alcoholic beverage license from Suite 49 to I-29 50/50, LLC dba Norman's Steak & Seafood, 2950 10th avenue North, with recommendation for approval of transfer of license contingent upon final approval by Inspections, Health, Fire, Police and city attorney.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative. (Council Member Gershman recused from voting on this matter)
INTRODUCE ORDINANCE RELATING TO MANUAL
ON UNIFORM TRAFFIC ONTROL DEVICES
The staff report from the engineering department relating to amendment o Section 8-0103 of the Grand Forks City Code relating to the Manual on Uniform Traffic Control Devices, with recommendation for preliminary approval of the amended City Code Section 8-0103 and set public hearing date as prescribed by law.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.
Council Member Bakken introduced an ordinance entitled "An ordinance amending Section 8-0103 of the Grand Forks City Code relating to Manual on Uniform Traffic Control Devices", which was presented, read and passed on its first reading.
AWARD CONTRACT FOR PROJECT NO. 6513, 2010
ADA CURB RAMPS
The staff report from the engineering department relating to consideration of bids for construction of Project No. 6513, 2010 ADA Curb Ramps, with recommendation to award contract to low bidder, Quality Contracting, Inc. (Q4), in the amount of $40,900.00.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Vice President Glassheim declared the motion carried.
TABLE MATTER OF CITY COUNCIL COMMITTEE
STRUCTURE INDEFINITELY
The staff report relating to city council committee structure was presented to the city council.
It was moved by Council Member Christensen and seconded by Council Member Kreun to table this matter indefinitely. Carried 6 votes affirmative.
APPROVE SPECIFICATIONS AND PURCHASE UNDER
STATE BID COMPUTERS FOR POLICE DEPARTMENT
The staff report from the police department relating to Panasonic "Toughbook" mobile data computers and approval to purchase under State bid process, with recommendation to approve specifications and purchase in the amount of $93,023.00 for 22 mobile data computers and installation..
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Vice President Glassheim declared the motion carried.
APPROVE JOINT POWERS AGREEMENT WITH
COUNTY OF GRAND FORKS FOR 2010 EMERGENCY
FLOOD FIGHT
The staff report from the director of public works relating to Grand Forks County and City of Grand Forks Joint Powers Agreement for 2010 Emergency Flood Fight, with recommendation to approve the Joint Powers Agreement for 2010 Emergency Flood Fight.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved with a change in the date of the agreement from March 25 to March 15, 2010. Carried 6 votes affirmative.
APPROVE PURCHASE OF EQUIPMENT BY PUBLIC
WORKS DEPARTMENT, SANITATION DIVISION
The staff report from the director of public works relating to Public Works Department, Sanitation Division collection truck bid #1010-6, with recommendation to approve bids of front load truck and compactor, and side load truck and compactor as follows per bid tabulation: front load compactor, $107,458 from Olympic Sales; front load truck, $119,391 from Peterbilt of Fargo; side load compactor, $135,909 from Sanitation Products, Inc.; and side load truck, $115,536 from Peterbilt of Fargo; for a total expenditure of $478,294.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Vice President Glassheim declared the motion carried.
APPROVE 2010 TRANSPORTATION IPROVEMENT
PLAN STIMULUS PROJECTS
The staff report from the director of public works relating to Public Transportation 2010 Transportation Improvement Plan Stimulus Projects, with recommendation to approve the Public Transportation 2010 Transportation Improvement Plan Stimulus Project list in the amount of $1,176,567, which includes bus garage pavement replacement, $421,920; fuel tank replacement and system upgrade, $109,000; replacement of rolling stock, 2 DAR vans, $80,000; skid steer snowbroom, trailer and truck sander, $57,000; remove shop pit, $18,000; bus repair shop tools, $13,000; bus replacement, $117,000; and building renovation/expansion, $360,647.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Vice President Glassheim declared the motion carried.
APPROVE AGREEMENT FOR IMPROVEMENT OF
WASTEWATER COLLECTION SYSTEM
The staff report from the director of public works relating to Sanitary Forcemain Bypass Risers, Project No. 6570, and Forcemain Repair on Columbia Road from 26th Avenue and 28th Avenue South, Project No. 6569, design, bidding, construction and post construction phases agreements, with recommendation to approve professional services agreement with WFW for Project No. 6570 and Project No. 6569 in the amounts of $35,256.00 and $40,573.00, respectively.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Vice President Glassheim declared the motion carried.
APPROVE REFRIGERATED SAMPLER FOR
WASTEWATER DIVISION
The staff report from the director of public works relating to refrigerated sample for wastewater sampling, with recommendation to accept sole source provider for a refrigerated sampler that is needed to replace a worn out sampler in the Industrial Pretreatment Program in the amount of $5,072.00.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Vice President Glassheim declared the motion carried.
APPROVE REQUEST BY SIMMONS FLINT FOR
TEMPORARY AUTHORIZATION TO SERVE
ALCOHOL IN PUBLIC RIGHT OF WAY
The staff report from the public information center relating to request from Simmons Flint, 33 South 3rd Street, for temporary authorization to serve alcohol in public right of way for private customer appreciation special event.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved. Carried 6 votes affirmative.
ACCEPT PETITION TO VACATE PORTION OF
STREET R/W IN BLOCK 30, HOLES CENTRAL
ADDITION
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of the Grand Forks Park District for approval of a petition for vacation of a 7 1/2 foot wide strip of South 12th Street right of way adjacent to Lots 13 through 21, Block 30 of Holes Central Addition, Grand Forks, ND, being the Grand Forks Curling Club located at 1124 7th Avenue South, with recommendation to give final approval to the petition and set a public hearing date as prescribed by law.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Monday, May 3, 2010. Carried 6 votes affirmative.
INTRODUCE ORDINANCE AMENDING SECTION 18-0311
DOWNTOWN DESIGN REVIEW BOARD AND AMENDING
SECTION 18-0312 OUTDOOR SEATNG ON PUBLIC R/W
The staff report from the Planning and Zoning Commission relating to request from the Planning Department for preliminary approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 3, Rules and Regulations, Section 18-0311, Downtown Design Review Board; and Section 18-0312, Outdoor Seating on Public Right-of-way, with recommendation to give preliminary approval to the ordinance and set a public hearing for April 19, 2010.