Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
February 22, 2011
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, February 22, 2011, at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, Grandstrand, Glassheim (teleconference), Gershman, Christensen, Sande, Kreun (teleconference) - 7; absent: none.
Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.
Mayor Brown commented on various items during the past week and upcoming events:
Mayor Brown recognized Mr. UND, Dr. Bob Boyd, who would like to address the council and community.
Dr. Bob Boyd, 1371 South 38th Street, stated that he recently retired as vice president for Student Affairs at the University of North Dakota after serving 42 years at the University and that he wanted to thank you for the way students were treated, specifically the opportunities and time in being part of sessions with our student government, listening to their concerns and suggestions.
He stated that he has not forgotten the huge commitment that previous councils made at a time that was absolutely critical for the University of North Dakota - in 1997 the flood and the devastation that took place, that from the fall of 1996 to the fall of 1997 they lost 905 students over a 3 month period and not only were they unable to fulfill their mission and that meant a huge loss of revenue for the University, the City recognized how important the University was and was able to commit an extraordinary amount of money to help them recover through recruitment and marketing of the University, and during that time hundreds of thousands of dollars were invested in them, and reported that they have recovered from that and now have the largest enrollment at the University of North Dakota, 4000 more than what they had at the beginning of the time when the flood hit us. He stated that he wanted to tell you how genuinely he appreciates the support given to him and students at that time. Thank you very much and looks forward to a different kind of relationship that continues. Mayor Brown thanked Dr. Boyd for all that he has done.
Mayor Brown stated that tomorrow at the Alerus Center at 11:30 a.m. he will be doing the 9th State of the City address, that it will be taped and rebroadcast available online on Cable 2. This community, this council and administration have a lot to be proud of what we have done over the past year and nice to reflect on that, and to see where we are and who we have in the wings waiting to lead us, and encouraged everyone to attend tomorrow's State of the City Address.
That this Friday at 1:30 they will be releasing the first round of data count in the retail task force to help area businesses, the data is from the Buxton Corporation hired by the City, Chamber and EDAHA of East Grand Forks and the Convention & Visitors Bureau to take action steps in reducing retail leakage in our community and support our important retail sector. Data will be available and reorganized according to the retail market and there will be a presentation by the Buxton Corporation on how to best use the data. This meeting will be followed by more public meetings, brown-bag lunches, etc. to make sure the data gets into the hands of businesses that can use it, and encourages everyone to attend this Friday at 1:30 p.m. in the council chambers.
RECOGNITION OF CENTRAL LABOR COUNCIL
Steve Walsh, representing the Northern Valley Labor Council, stated that on February 16, 1911 there were 90 men and women that gathered in Grand Forks city chambers to form a labor organization, and that labor organization at that time was considered and called the Grand Forks Trades & Labor and today it’s the Northern Valley Labor Council. Then and today we still fight for the same things that those individuals need, good wages, safe work places and good pensions, and that he would like to thank all of you for this recognition of the Northern Valley Labor Council's 100th Anniversary and with the rest of the labor individuals that are here today and would greatly thank you.
EMPLOYEE RECOGNITION
Mayor Brown reported there were four city employees who have reached employment milestones and recognized the following employees and thanked them for their dedication:
Terry L. Hjelmen, 15 years, public works department
Joseph A. Kalenze, 20 years, inspections department
David A. Rutti, 20 years, sanitation department
Clarence E. Mack, 40 years, fire department
FLOOD UPDATE
Al Grasser, city engineer, reported this is the forecast that we had and conditions as of January 25 from his previous presentation, not a lot of change - he reviewed 6 to 10 day outlook and the 8 to 14 day outlook and they are repeating what the Weather Service is telling us, that it is going to be cold and wet and 8 to 14 is continued cold and wet conditions and are basically in a En Nina weather pattern. He reviewed 1 month and 3 month outlook, again continuing cold both on the March, April and May time frame, the one optimistic thing that he sees is that they have started to take out some of the wetter periods for some of the long term, and expect precipitation to be normal during those periods. He stated they would be approving the contracts tonight for work that they put out every year for flood fighting activities and would be mechanism by which they would implement work, not a budget expenditure at this time because if they don't do any work don't have to spend any money on the contract; and engineering consultant contracts are on for tonight and are beginning to look at levee raising the first week of March - or may delay because cold temperatures mean that not going to have to worry about levees getting soft and might be end of first week or second week. Completion by mid-March in Lincoln area is target priority and at that time evaluate the situation to determine if further actions are warranted. The next information from Weather Service will be March 3 and probably March 10 - probably not see anything different in charts until well into the flood season - actions or decisions that they make will have to be based on that information and don't get the actual forecast until about 7 days prior to what they think the crest is going to be. They are looking at as part of the additional implementation to have some sandbags ready for standby.
LEGISLATIVE UPDATE
Pete Haga, mayor's office, reported this is cross-over week at the Legislature, which means that all the bills have to go from the House to the Senate or Senate to the House, that they started with about 800 bills and that we were tracking about 10% of those - total of 81 bills that had an impact to the City or to the priorities that were adopted and that is down to about 50 bills. As with our priorities reported that many of them are intact, water treatment plant funding, BRIC funding, Centers of Excellence funding are still alive and also the authority to levy traffic fines at local level. There were about a dozen bills that were looking at restricting Home Rule authority, budgeting levels, etc. and that number is down to 2 or 3 and looks like the Houses have been recognizing the ability for local citizens to exercise their local control. He stated that they are working with the University of North Dakota on some of their priorities as well but have not taken any official stands and final thing he would like to report is that they do have a meeting set up with the Governor, Chancellor, Department of Commerce and State Bank and organizing a contingent of Grand Forks representatives trying to show some consolidation with our community and will be going down with representatives of the Chamber, EDC and with the University next week and have those meetings as well as meet with our legislators, and will know which bills have made the cross-over and will be able to use more of a targeted approach. Thanks to the committees for a lot of work, staff provided information and testimony, esp. to Mr. Swanson who has been a great assistance, and also to our legislators who have worked hard. There were no questions for Mr. Haga.
PRESENTATION OF ALTERNATIVE ROADWAY DESIGN
CONFIGURATION FOR PROJECT NO. 5675, 42ND STREET
AND DeMERS AVENUE UNDERPASS/OVERPASS
Mark Walker, assistant city engineer, stated that for sometime they have contemplated a grade-separated crossing of 42nd Street and the railroad tracks just north of DeMers Avenue, have not pursued that project because of the cost, and currently estimating that project at $21 to $23 million exclusive of engineering and exclusive of land. They are looking at this project now because there has been interest in development of the land that is adjacent to this site which is currently undeveloped and hope is that can pick an alignment that can preserve the right of way, allow development to occur around this site and when need to build the project, can obtain the right of way without having to obtain developed property, buildings, parking lots, etc. Our consultant, Kadrmas Lee & Jackson, have been working on a number of different layouts and are here to make short presentation to give you an introduction as to what some of those layouts might be, will be back sometime in June with a request to make a selection for the layout to proceed with and at that time will bring back more information as what the impacts are and costs, etc. and until then be gathering more information to develop what the impacts are, having public meetings, etc.
Kris Bakkegard and Travis Weaver of Kadrmas Lee & Jackson, made brief presentation relating to the various alternatives to roadway design configuration - have broken alternatives into 4 concepts - B, C, D and E - that there were 12 alternatives that have been studied and are continuing to look at 7 (5 alternatives have been ruled out for various reasons) and will focus on the 7 that are still going forward:
Alternatives are as follows:
B Series
: All of the B Series Alternatives would provide a grade separated crossing by lowering the 42nd Street roadway below the railroad and DeMers Avenue. Both a railroad structure and a roadway structure would be needed to carry traffic over 42nd Street. A separate roadway would be constructed to reconnect traffic between DeMers Avenue and 42nd Street. (4 Alternatives carried forward)
C Series:
All of the C Series Alternatives would provide a grade separated crossing by lowering the intersection of DeMers Avenue and 42nd Street below the railroad. A railroad structure would be needed to carry rail traffic over the DeMers Avenue/42nd Street intersection. (2 Alternatives carried forward)
D Series:
All of the D Series Alternatives would provide a grade separated crossing by raising the 42nd Street roadway above the railroad and DeMers Avenue. A roadway structure would be needed to carry 42nd Street traffic over the railroad and DeMers Avenue. A connection would be constructed to reconnect traffic between DeMers Avenue and 42nd Street. (1 Alternative carried forward)
E Series:
The E Series Alternatives would provide a grade separated crossing by lowering the 42nd Street roadway below the railroad and realigning DeMers Avenue to the south. This alternative was explored to determine if concerns associated with lowering both 42nd Street and DeMers Avenue related to street flooding and potential snow accumulation could be addressed by shifting DeMers Avenue to the south. The shift would allow the elevation of the intersection to be raised above the elevation of the underpass. A railroad structure would be needed to carry rail traffic over 42nd Street. (1 Alternative not carried forward)
Most of the alternatives are attempting to compare and contrast impacts to both the environment, which is part of the Federal Highway process but also impacts adjacent landowners, including gas station and the long term access, and all of the alternatives would include a median that doesn't exist to allow more controlled left turns onto the interstate ramps and that median will cause the access to the gas station to be converted from a full access to a right in, right out, and one of the bigger changes in the access is that we see as a potential and most of that is driven by the growth in traffic, and whether or not this project is done, that question needs to be answered whether under this project or another one. Some of their alternatives do cause some other issues and that the overriding issue is with the gas station. It was noted that 3 of the remaining quadrants are owned by the University of North Dakota and one of the other issues from property owner impact is how the project would work with UND's future plans and also some property in this corner that is developed or planned for development in the future. There are some Federal Highway protections for public recreational areas Ray Richard's golf course, and confident that will fall under that category and some additional steps that they need to take to work with Federal Highway on potential alternatives that may have some impact or modification.
Mr. Weaver reviewed each of the continuing alternatives and reviewed the project schedule which includes public meeting, draft study report in March, public meeting in May; final study report in June and Federal Highway findings in July of this year.
Council Member Christensen stated he didn't know how they could make any type of decision as to what they would recommend until know that if they recommend it, it doesn't change - there is principal that you can't bind future councils and when we make a recommendation it is just a recommendation because the lay of the land at the University will change and the Ray Richard's golf course is landlocked, good to have the planning process because if continue to work on it and ask council to decide, but their decision will be meaningless. He also stated that if we were to do this and that just a proposed land use, that there can be other development because we're not going to be taking any of that land until the time comes to build the road - that it isn't just the cost of the project but the cost plus and don't have the ability to get a final decision from the University of North Dakota. The Planning and Zoning Department has required on the plats and on the title work that is done that whatever you're doing is in the way of a future road; and is just a warning and doesn't preclude the fact that if someone builds on it, we have to pay for it - can't stop it unless you buy the land and we have those issues and can see some recommendations from our city attorney as to the impact of your plan and what the consequences may or may not be, another part of the planning process.
Council Member Bjerke stated they need to keep in mind that the amount of money they are going to spend and impacts they create, if better than what we have now - is open to wherever we go on this but to build nothing needs to be included as an option - if change is better than an occasional train that goes by now, that if start changing lights and traffic makes other issues.
ADOPT ORDINANCE NO. 4314, AMENDING SECTION 18-0223
OF THE GRAND FORKS CITY CODE RE. TO DEVELOPMENT
INFORMATION SIGNS
An ordinance entitled "An ordinance amending Section 18-0301 of the Grand Forks City Code relating to development notification signs", which had been introduced and passed on its first reading on December 20, 2010 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the city planner relating to matter of the request from the Planning Department on behalf of the City of Grand Forks for final 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 Section 18-0223 relating to development information signs, with recommendation to give final approval of the ordinance, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Gershman and seconded by Council Member Sande that the recommendations included in the staff report be approved, including decision to move the requirement for development information signs from 18-0301 (sign code) to 18-0223, the PUD section of the Code under 18-0223(4)2(h), with specific provisions to be included in the ordinance and to adopt the ordinance as amended.
Howard Swanson, city attorney, stated that he had concerns about this ordinance, that by placing signs on proposed developments that depict a specific type of use and does not inform the public of that use may be subject to future change in the event of a zoning change, that property owners will be given a false impression that that property will always be used or will only be developed for that particular purpose, and his recommendation is that a disclaimer should be included on any such sign indicating that that proposal or the depicted zoning is based upon the current zoning that is assigned for the property which is subject to potential change.
Council Member Gershman stated that he would add that recommendation to his motion; the second, Council, Member Sande, agreed.
Brad Gengler, city planner, agreed with Mr. Swanson's comments that there should be a disclaimer included in the ordinance.
Upon call for the question on adoption of the ordinance as amended, and upon roll call, the following voted "aye": Council Members Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 6; voting "nay": Council Member Bjerke - 1. Mayor Brown declared the ordinance adopted.
APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4315,
AMENDING STREET & HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON PLAT OF
HOMESTEAD GROVE FIFTH ADDITION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of he city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Homestead Grove Fifth Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on January 18, 2011, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the city planner relating to the request from Advanced Engineering and Environmental Services, Inc. (AE2S), for final approval of the plat of Homestead Grove Fifth Addition to the city of Grand Forks, North Dakota (located at South Washington Street and 40th Avenue South), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy and to include final approval of an ordinance amending he Street and Highway Plan.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO RESIDENTIAL AND/OR
COMMERCIAL BUILDINGS AT VARIOUS LOCATIONS
The staff report from the city assessor relating to applications for exemption of remodeling improvements
and to grant exemption of increased value for 5 years at the following locations: 317 6th Avenue North, 1410 1st Avenue North, 1601 University Avenue, 1215 South 18th Street, 1434 South 17th Street, 2523 West Fallcreek Court, 1219 South 21st Street, 716 19th Avenue South, 2940 Columbine Court, 2002 Chestnut Street, 809 Sunset Drive, 809 Cherry Street, 1623 North 5th Street, 611 40th Avenue South, 4008 Walnut Street, 3825 Clearview Circle, 514 Oxford Street, 514 25th Avenue South, 2704 Clover Drive, 402 University Avenue, 1609 North Washington Street, and 1950 32nd Avenue South.
It was moved by Council Member Gershman and seconded by Council Member Bjerke that this recommendation be approved. Carried 7 votes affirmative.
APPROVE APPLICATION FOR ABATEMENT OF 2010
TAXES ON PROPERTY AT 511 28TH AVENUE SOUTH
The staff report from the city assessor relating to application for abatement for 2010 taxes by Scott Ross and Barbara Zavala, 511 28th Avenue South, with recommendation to the Board of County Commissioners that the application be approved as submitted.
It was moved by Council Member Gershman and seconded by Council Member Bjerke that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE APPOINTMENTS TO VARIOUS COMMITTEES
The staff report from the Mayor's Office relating to reappointment of Joe Simon and Curt Kreun to the Emergency Management Board, with recommendation to approve appointments.
The staff report from Mayor Brown relating to appointment of Douglas C. Munski to the Grand Forks Historic Preservation Commission, with recommendation to approve the appointment.
It was moved by Council Member Gershman and seconded by Council Member Bjerke that these appointments be approved. Carried 7 votes affirmative.
The staff report from Mayor Brown relating to the appointment of Curt Kreun as city council representative to the Grand Forks Events Center, with recommendation to approve appointment.
Council Member Bjerke asked if somebody else on the council would be available to fill in for the next couple months while Mr. Kreun is still in Bismarck for the legislature, and if there is a backup plan for that. Council Member Kreun stated that he has been in contact with the chair of the Commission and this Friday have a meeting re. building or capital improvement committee's meeting and are still going forward and not being left vacant.
It was moved by Council Member Christensen and seconded by Council Member Bjerke that this recommendation be approved. Carried 7 votes affirmative.
REFER MATTER OF PROPOSAL TO ACQUIRE PROPERTY
AT 406 NORTH 8TH STREET BACK TO COMMITTEE
The staff report from the director of urban development relating to acquisition of single-family home, with recommendation to authorize using Urban Development unrestricted funds to acquire 406 North 8th Street, make minimal repairs, and re-sell the property to owner-occupant for full market value.
Council Member Sande questioned reason for this action, sees no reason why the City should be buying this property. Mr. Hoover stated this is a situation where we have a bank in the first position for $41,000, the individuals' who own the property were in a situation where they got a HomeCents loan, federally funded, for $24,000 and the property is valued at $75,000 and this is a way for us to recoup our interest - if this house goes into foreclosure we would lose our $24,000 and this is an opportunity to make a good investment in property, do some minor repairs and recoup the costs and put it back into the program. He also stated that they took a high side estimate on the repairs and that $10,000 is more than they anticipate but wanted to give a cushion, additionally they believe that when they sell it, will get back all the money they put into it including the purchase price, the rehab price and some profit. In response to further questions by Mr. Sande, Mr. Hoover stated that the Red River Community Action Agency has a program
called HomeCents that is available for individuals in a targeted area with low to moderate income to come in and do loan application, go through credit worthiness test, etc. and if they qualify they take out the loan and make physical improvements and that loan goes to pay the contractors that did the work.
Mr. Hoover stated that if people have a federally funded loan, they look at each one of them and the merits, sometimes the cost to acquire and the rehab are far in excess of what we would get back out of the property and could not recoup our money, but in this case that we can take the property, rehab it, resell it and recoup all the money that we have invested and is purely on that. Council Member Sande stated he thinks this is bad precedent and thinks numbers are somewhat flawed because haven't taken into consideration using a realtor to sell the property, 6%; Mr. Hoover stated they do not intend to use a realtor.
Council Member Christensen stated the home is valued by the city assessor at $75,200, and why not declare this surplus so it could be listed with realtors as we developed that policy. Mr. Hoover stated they are working on the request for proposal and that he has had discussion with the executive director for the realtors and he indicates that he will have input back to us within the next week and half whether on the list and to clear things up for the viewing public, that this would be a MLS listing and have to put out a letter inviting all realtors to participate and one of the things we would have to agree upon is the fee that the realtors would get and waiting for some advice on that, the fee now is 6% and that he doesn't think the work that they would do in this project is worth 6% - that all they would be doing is taking you by the property, that you have to go to the Urban Development Office to get their proposal and respond, and be reviewed by the committee before decision is made. Mr. Hoover stated they cannot do exclusive listing.
Mr. Hoover stated the question had been asked as why is the Bank not attempting to solve this, and why isn't the Bank not attempting to sell it outright. A rep of the Bank, Floyd Lang, United Valley Bank, stated they would foreclose on the property and sell it but at the point that they foreclose the City would be out, the foreclosure process eliminates the subsequent or second mortgager. Mr. Swanson stated your second mortgage is inferior to the first mortgage holder and if they foreclose upon it your mortgage goes away, you lose any of your property and no ability to recover that mortgage and the Bank then owns the property, they can do with it what they wish.
He stated depending upon how you structure the situation what you may in fact be doing is acquiring either the Bank's mortgage and then proceeding to foreclose your own mortgage, doesn't know where the property owner is involved in any direct negotiations but doesn't know how it is intended to be structured, are we purchasing the Bank's first mortgage so then we would have both mortgages, Mr. Hoover stated yes. Mr. Lang stated that the property owner has already given the deed to the property to the Bank.
Council Member Christensen stated it would be his recommendation and moved to delay this matter and bring it back to committee and to work with the Bank. Council Member Bjerke seconded the motion.
Council Member Bjerke questioned where the money to purchase the property would come from; Mr. Hoover stated that fund was originally for loans for Rental Rehab. and that program has been closed out by the federal government and lost its federal identity and therefore the funds were unrestricted and they remain in that line item in urban development's account.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
ADOPT RESOLUTION IN SUPPORT OF COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
The staff report from the director of urban development relating to resolution in support of the Community Development Block Grant Program, with recommendation to adopt the attached resolution.
Council Member Gershman stated he has always been supporter of the CDBG funds and that President Obama's budget is to reduce CDBG funding by 7.5%, that there are two resolutions, Version 1 is to oppose that and that all the funding should be at 100% of what it was last year, and this was discussed in the finance/development committee last week and it was felt that it was time for the City to realize that things cannot go on as they are and our national debt is something we need to take a look at as a city and moved that we accept Version 2 which supports President's budget of the 7.5% decrease in CDBG funds but not to say that CDBG funds have been incredibly important to our city and will continue to be but would be responsible for the City to do that. Council Member Sande seconded the motion.
Council Member Christensen stated that he strongly believes that the time has come for everybody, including us, to not support these types of budget resolutions which are saying we accept the status quo and should probably start stopping here at the local level, doesn't want spending to continue as it has in the past - that the resolution is that they recognize the extent that CDBG funding would be available and comes to the city we would do what we can to improve the quality of life for those that benefit from CDBG programs.
Council Member Gershman stated that his motion is Version 2 which supports the 7.5% reduction. Mr. Christensen stated it doesn't support, just supports continued funding of CDBG at some level. Mr. Gershman disagreed. Mr. Hoover stated that he would paraphrase the last paragraph of the resolution which is what you are resolving to do and that is that you recognize and support CDBG and recognize the need for across the board federal budget reductions and request that CDBG be made to remain at levels that allow its continued effectiveness in meeting the needs of below or moderate income persons.
Council Member Gershman stated that he used the 7.5 % because that is what is in the President's budget and thought that was reasonable, now if we just take the last paragraph it does leave it open and thinks that we do need to take some position, and doesn't want it to sound partisan that we're supporting the President's budget and that his motion was 7.5% because that is what he has in his budget, and is open for discussion.
Upon call for the motion and upon voice vote, the motion carried 5 votes affirmative, with Council Members Bjerke and Christensen voting against the motion.
APPROVE 2011 ARTS REGRANTING PROGRAM
The staff report from the director of Urban Development relating to 2011 Arts Regrant Program, with recommendation to approve North Valley Arts Council's regranting recommendations.
It was moved by Council Member Gershman and seconded by Council Member Grandstrand that we approve this recommendation. Carried 6 votes affirmative, Council Member Bjerke voted against the motion.
APPROVE APPLICATION FOR CLASS III ALCOHOLIC
BEVERAGE LICENSE BY JLBGF, INC. DBA JL BEERS
The staff report from the finance department relating to application for Class III (Off and/or On Sale Beer and Wine) license from JLBGF, Inc. dba JL Beers, 2531 South Columbia Road, Grand Forks, ND 58201, with recommendation to approve the application for a Class III (Off and/or On Sale Beer and Wine) license to JLBGF, Inc. dba JL Beers at 2531 South Columbia Road, subject to approval by various departments, including city attorney, police, fire, health and inspections departments and meeting the requirements of the City Code.
It was moved by Council Member Kreun and seconded by Council Member Christensen 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 Christensen and seconded by Council Member Bjerke. Carried 6 votes affirmative.
Upon call for the question and upon voice vote, the motion carried 5 votes affirmative, Council Member Bjerke voting against the motion and Council Member Gershman recused.
APPROVE RENEWAL OF ALCOHOLIC BEVERAGE
LICENSES HELD BY COMMITTEE FOR FAILURE TO DISCLOSE
PAST VIOLATIONS IN APPLICATIONS FOR LICENSE
The staff report from the Police Department/Community Resource Bureau relating to review of ten (10) businesses that failed to disclose all past violations during the 2011 renewal of liquor licenses. These businesses are: China Garden Restaurant, Inc., Happy Joe's Pizza, Lincoln Golf Course, Rumors, Crosstown Lounge, Hub Bar, Mi Familia, Inc., Eagles Crest Grill, Knights of Columbus and Muddy Rivers, with recommendation to be determined by council after review of information provided in the report. (It was noted that China Garden Restaurant,, Inc. was okay but that Mexican Village was to be included).
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Christensen and Bjerke. Carried 6 votes affirmative.
Council Member Bjerke reported that the Service/Safety Committee has decided on several items to help make applications clearer to applicants, that they took input from people in attendance and will continue to work on the application to make it clear to the applicants as there had been concern on some of the questions and by putting it on-line and that when Mr. Kreun comes back from Bismarck will be working on these two items. He stated they felt that the State is lax on enforcing the liquor laws and will be having the city council take more action in terms of violations of laws - that they had incident in not too distant past where a minor sold to a minor and the State only gave a warning to the business and thinks need to go farther than that. Some of the comments that were made show lack of personal responsibility by some of the business owners and goal for the next year is to have some very clear language in the application; and committee agrees that need to be more detailed on some of this and have things down in black and while.
Council Member Kreun stated that not all were violations of training but some were failure to complete the application by omitting past violations, that when they had a violation and paid their fine, didn't realize that would affect application, that there was clarification and want to make application more definitive so know exactly what filling out and to make it more detailed, and that they will be reviewing that.
Council Member Kreun moved to approve the 2011 renewals for those 10 applications that have not previously been renewed. Council Member Christensen seconded the motion. Carried 6 votes
affirmative Council Member Gershman recused.
ACCEPT LISTING OF CONSULTANTS FOR FUTURE
PROJECTS
The staff report from the engineering department relating to Project No. 6651, request for qualifications of consulting engineering services for 2011 and 2012, with recommendation to accept list of consultants responding to the Request for Qualifications and utilize list for hiring of firms for future projects in 2011 and 2012, with option of extending to 2013 and 2014.
It was moved by Council Member Gershman and seconded by Council Member Bjerke that this recommendation be approved. Carried 7 votes affirmative.
AWARD CONTRACT FOR PROJECT NO. 6657, 2011
FLOOD PREPARATION ASSISTANCE
The staff report firm the engineering department relating to bids for Project No. 6657, 2011 Flood Preparation Assistance, with recommendation to award contract to low bidder, Gowan Construction, in the amount of $234,950.00 for Project No.6657, 2011 Flood Preparation Assistance.
It was moved by Council Member Gershman and seconded by Council Member Bjerke that this recommendation be approved. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE ENGINEERING SERVICES AGREEMENT
FOR PROJECT NO. 6657, 2011 FLOOD PREPARATION
ASSISTANCE
The staff report from the engineering department relating to Engineering Services Agreement for Project No. 6657, 2011 Flood Preparation Assistance, with recommendation to approve agreement with Webster, Foster & Weston for engineering services in the amount of $10,000 for Project No. 6657, 2011 Flood Preparation Assistance.
It was moved by Council Member Gershman and seconded by Council Member Bjerke that this recommendation be approved. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE COST PARTICIPATION AND MAINTENANCE
AGREEMENT FOR PROJECT NO. 6696, NDDoT PROJECT
NO. S-NHU-6-002(086)335), GATEWAY DRIVE REHAB.
The staff report from the engineering department relating to Cost Participation and Maintenance Agreement for Project No. 6696, Gateway Drive Pavement Rehabilitation from I-29 to the Red River, with recommendation to approve the Cost Participation and Maintenance Agreement with the NDDoT for Project No. 6696 (NDDoT Project No. S-NHU-6-002(086)355), Gateway Drive pavement rehabilitation from I-29 to the Red River.
It was moved by Council Member Gershman and seconded by Council Member Bjerke that this recommendation be approved. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE ACCEPTNCE OF FEMA ASSISTANCE TO
FIREFIGHTERS GRANT
The staff report from the fire department relating to acceptance of Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant in the sum of $189,000 for self-contained breathing apparatus, with recommendation to approve acceptance of FEMA funds in the amount of $189,000 and approve City match of $21,000 from Fire Department carryover.
It was moved by Council Member Gershman and seconded by Council Member Bjerke that this recommendation be approved. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE EXTENSION OF MEMORANDUM OF
AGREEMENT WITH UNIVERSITY OF NORTH DAKOTA