Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 2, 2003
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, September 2, 2003 at the hour of 7:00 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.
President Gershman 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.
MONTHLY FLOOD PROTECTION PROJECT UPDATE
Al Grasser, city engineer, reviewed the monthly flood update for September, noting that Phase IV, final phase of construction for the project, Corps reviewing some of initial plans and specs, and anticipating bidding in 2004, funds permitting. They are waiting for final plans and specs for Phase III and the Corps is hoping to bid that in the next couple months, have some land acquisition issues and funding on that project. Phase II is project they are currently in construction on and are about 35% complete and reviewed several of the areas in construction. Phase I is about 90% complete, basically just cleanup work and finishing work; the contractor has paved Minnesota Avenue and the area of the point Bridge opened up last week. He stated there were no updates on funding; and they are looking at acquiring a number of properties to finish off Phase II and move ahead in Phase III, some of these been targeted as needing some special attention, RDO Foods which is an industrial area that needs some attention on how to take care of their wastewater needs and others historical in nature. He stated that they are offering tours of the dike project, and for information on the tours to call Christine at 746-2629, open to the public.
Melanie Parvey-Biby, greenway coordinator, stated they have adopted a logo for the greenway project, (leaf in the logo is a cottonwood leaf that represents the native species that grows along the banks of the Red and Red Lake Rivers, the veins running through the leaf represent the Red and Red Lake Rivers, and are planning on using that in some of the new educational and marketing material. The logo was developed in part by the MN DNR and Friends of the Greenway, She stated they are working on the rules and regulations, which have been reviewed by the city attorneys office and cross-referenced the City Code to identify whether or not there are laws within the city to deal with the proposed rules. She noted there are several upcoming events: 5th Annual Veterans Day race and Christmas in the Park.
Mr. Swanson stated his office has reviewed the entire set of proposed rules or standards, have identified where they are consistent with existing City Code or existing ND law, and have asked the City of East Grand Forks and their city attorney to do a similar analysis from the Minnesota side, that under present law in ND and MN will not be able to have complete uniformity, there are differences in definition of offenses, differences in penalties, and differences in State law between North Dakota and Minnesota in procedures, we do not have the ability to formulate a uniform court with cross state jurisdiction - our goal is to make them as similar as possible but some inherent distinctions because of the two state jurisdictions.
Council Member Kreun stated some of these are basically policies or conditions they put on and number one is the closing of the park in Grand Forks vs. closing of park in East Grand Forks.
Ms. Biby stated there are specific areas - camp ground in East Grand Forks will have hours of operation different than what the Grand Forks is currently doing within their park system - and that will be determined by the State It was also noted that the Park District is putting on the Bike Tour on Sunday, September 7.
Council Member Brooks questioned whether Mr. Grasser has been in contact with Mr. Ziegelman; and also if City at any risk for using trolley for tours rather than public transportation. Mr. Grasser stated it was his intention to do an update every couple weeks, including council but has not had a chance to talk with Mr. Ziegelman, and would check on use of the trolley.
CLOSE 30-DAY PUBLIC COMMENT PERIOD, HOLD
PUBLIC HEARING AND APPROVE AMENDMENTS
TO 2003 CDBG PROGRAM
The staff report from the Office of Urban Development relating to amendment to the 2003 Community Development Block Grant Program, with recommendation to close the 30-day public comment period, hold the public hearing, and approve amendment to 2003 CDBG program.
President Gershman opened the public hearing, there were no comments the public hearing was closed.
It was moved by Council Member Kerian and seconded by Council Member Glassheim to approve the recommendation. Carried 7 votes affirmative.
ADOPT ORDINANCE NO. 3994, ANNEXING COLUMBIA
PARK 28TH ADDITION TO THE CITY
An ordinance entitled "An ordinance to annex the land to be platted as Columbia Park 28th Addition and adjacent areas to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 18, 2003 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.
The city auditor reported that the notice to the public that this petition for annexation had been filed with the city council had been published as required.
President Gershman opened the public hearing, there were no comments and the hearing was closed.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the ordinance adopted.
ADOPT FINAL BUDGET FOR THE CITY OF GRAND
FORKS FOR 2004 AND ANNUAL TAX LEVY
The city auditor reported that a notice calling the attention of the general public to the fact that the final budget of the City of Grand Forks, North Dakota, for the year ending December 31, 2004 would be presented to the city council this evening at 7:00 o'clock p.m. at which time anyone interested might be heard, had been published as required; and presented the final budget of the City of Grand Forks for the period ending December 31, 2004.
The staff report from the director of finance and administrative services relating to the 2004 final budget adoption, with recommendation to give final approval of the 2004 budget, approve Annual Appropriation Bill and Tax Levy and Certificate of Levy.
President Gershman opened the public hearing and asked for comments from the audience; there were no comments and the public hearing was closed.
It was moved by Council Member Kreun and seconded by Council Member Glassheim to approve the 2004 budget and adoption of the resolution and certificate of levy which is $11,646,737 and to introduce the following resolution and adopt the budget: Document No. 8283 - Resolution.
Upon call for the question of adoption of the resolution and certificate of levy and upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried and the budget adopted.
APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5457
The staff report from the engineering department relating to Amendment No. 1 to engineering services agreement with Webster Foster and Weston for Project No. 5457, replace drives at Lift Station 32, with recommendation to approve Amendment No. 1 with Webster Foster and Weston for construction administration services in the amount of $13,300.00.
It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be approved. Upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.
APPROVE AMENDMENT NO. 1 TO ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5456
The staff report from the engineering department relating to Amendment No. 1 to engineering services agreement with Webster Foster and Weston for Project No. 5456, District No. 416, Lift Station 89 Rehabilitation, with recommendation to approve Amendment No. 1 with Webster Foster and Weston for construction administration services in the amount of $9,300.00
It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be approved. Upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.
AWARD CONTRACT FOR ROOF REPAIR AT CENTRAL
FIRE STATION, PROJECT NO. 5559
The staff report from the engineering department relating to consideration of bids for Project No. 5559, Central Fire Station Roof Repair, with recommendation to waive bid irregularity and award contract to C.L. Linfoot Company in the amount of $29,566.00.
It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be approved. Upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried and the contract awarded.
APPROVE CHANGE ORDER NO. 1, PROJECT NO.
5416, 2003 STORM & SANITARY SEWER REPAIRS
The staff report from the engineering department relating to Change Order #1 for Project No. 5416, 2003 Storm and Sanitary Sewer Repairs, with recommendation to approve Project No. 5416 Change Order #1 for Molstad Excavating in the amount of $16,249.92.
It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be approved. Upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.
APPROVE COST PARTICIPATION, CONSTRUCTION
AND MAINTENANCE AGREEMENT WITH NORTH
DAKOTA DEPARTMENT OF TRANSPORTATION,
PROJECT NO. 5355, COLUMBIA ROAD SLOPE REPAIR
The staff report from the engineering department relating to Cost Participation, Construction and Maintenance Agreement for Project No. 5355, Columbia Road Slope Repair, with recommendation to approve and authorize the execution of the Cost Participation and Maintenance Agreement with the North Dakota Department of Transportation (project will be 100% federally funded up to a maximum of $40,500, and the current estimate for the construction of this project is $39,200)
It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be approved. Upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.
AWARD CONTRACT FOR PAVING ADDITIONAL
PARKING LOT AT ALERUS CENTER, PROJECT NO.
5547
The staff report from the engineering department relating to bids for Project No. 5547, paving additional parking lot at Alerus Center, with recommendation to award base and alternate bid contract to Strata Corporation in the amount of $907,600.00.
It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be approved. Upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.
ADOPT ORDINANCE MODIFICATION TO CORRECT
DEFINITION OF INDUSTRIAL USER AND PRETREATMENT STANDARD CONSISTENT WITH 40 CFR SECTION 403
The staff report from the public works department relating to ordinance modification to correct definition of Industrial User and Pretreatment Standard consistent with 40 CFR Section 403, with recommendation to approve and hold the first reading of ordinance change, second reading of the ordinance will be held until after the EPA public notices the revision
It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
Council Member Brooks introduced an ordinance entitled "An ordinance amending Section 15-0201 of the Grand Forks City Code relating to use of public sewers", which was presented, read and passed on its first reading.
ACCEPT SANITATION DEPARTMENT EQUIPMENT BIDS
The staff report from the director of public works relating to Sanitation Department equipment bids, with recommendation to approve bids for equipment as per the following and per bid tabulations: Sanitation Products (front-load compactors), $106,928.00; Peterbilt of Fargo (heavy-duty trucks), $176,416.00; for total bid amount of $283,344.00.
It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be approved. Upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.
INTRODUCE ORDINANCE FOR FY 2004 UTILITY RATE CHANGES
The staff report from the director of public works relating to FY 2004 utility rate changes, with recommendation to approve the FY 2004 utility rates and fees effective on the utility bill issued in February 2004 as per Attachment A
It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
Council Member Kreun introduced an ordinance entitled "An ordinance amending sections of the Grand Forks City Code relating to sanitation, water, and wastewater user charges, rates and fees", which was presented, read and passed on its first reading.
APPROVE SALE OF PROPERTY AT 218 SOUTH THIRD STREET
The staff report from the community development manager relating to sale of 218 South Third Street, with recommendation to accept offer submitted by Ross Rolshoven (in the amount of $40,333) and authorize staff to proceed with the sale.
It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be approved. Upon roll call vote the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.
ADOPT RESOLUTIONS DIRECTING SPECIAL ASSESSMENT COMMISSION TO ASSESS CERTAIN PROJECTS ON ESTIMATED COST BASIS
The staff report from the finance department relating to directing Special Assessment Commission to assess special assessments on an estimated cost basis, with recommendation to direct that special assessments be levied for the payment of the entire cost of work completed or partially completed for the following projects and that the city auditor be directed to notify the chairman of the Special Assessment Commission:
Street Improvement Project No. 5446, District 91 - $12,352.00 - Document No. 8284 - Resolution.
Paving Project No. 5408, District No. 589 - $236,626.00 - Document No. 8285 - Resolution.
Sewer Project No. 5444, District No. 415 - $58,166.00 - Document No. 8286 - Resolution.
Sewer Project No. 5488, District No. 418 - $190,500.00 - Document No. 8287 - Resolution.
Council Member Hamerlik introduced the resolutions certifying the total cost of the projects with estimated costs and directed that the special assessments be levied for the payment of the entire cost of said work and that the city auditor be directed to so notify the chairman of the Special Assessment Commission, which resolutions were presented and read.
It was moved by Council Member Hamerlik and seconded by Council Member Kreun that these resolutions be adopted. Carried 7 votes affirmative.
APPROVE BILL LISTING AND ESTIMATES
Vendor Payment No. 03-17, dated August 29, 2003, totaling $743,857.60; Flood Estimate Summary in the amount of $7,562.13 and Regular Estimate Summary in the amount of $2,941,020.71 were presented and read.
It was moved by Council Member Kerian and seconded by Council Member Kreun that these bills and estimates 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, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried and the bills ordered paid.
APPROVE MINUTES AUGUST 14 AND 18, 2003
Typewritten copies of the minutes of the special city council meeting held on Thursday, August 14, 2003 and of the regular meeting held on Monday, August 18, 2003, were presented and read.
It was moved by Council Member Christensen and seconded by Council Member Brooks that these minutes be approved.
President Gershman stated that on page 2 the minutes of August 14, 2003 read that Member Gershman stated that it is part of our economic development efforts and would agree - however, he said that the aquatics center is a part of what economic development is but is not economic development and agreed partially with Mr. Glassheim and would like that clarified. He also noted that on page 6 the minutes stated that "Council Member Gershman stated his concern that if the aquatics center does throw off a deficit where it will need a subsidy, then it should be taken from economic development and understands that a facility such as this is part of what makes a city have an economic development plan, however, at what point does it start to take, if it doesn't work the way we hope it does, to infringe upon our efforts for economic development in attracting additional business." - that in part where it says that it should be taken from economic development, did not say that, and is opposed to it being taken from economic development and would appreciate review of the record and to show that.
The mover and second agreed to a friendly amendment to include the revisions to the minutes in their motion. Upon call for the question and upon voice vote, the minutes were approved as amended. Carried 7 votes affirmative.
ADMINISTRATIVE COORINATOR COMMENTS
Rick Duquette, administrative coordinator, stated there was some discussion concerning the progress of the staff members working on the aquatics center matter, gave a brief update and suggested that may take more time. He stated they have identified some modifications to potential cost of roughly $360,000 as well as some potential new revenue sources (locker rentals, towel sales, program users, potentially naming rights and other hotel users) this is very preliminary and not completed, and wanted to suggest that during the next week or two as they begin to develop the resolution or idea on this, and would like to put Bill Haralson (William Haralson & Assoc., Inc., financial consultant) to work with staff, as he worked with us before, knows the industry and would like to get as much information as possibly can for us in the community as we move forward in the next week or two, and suggested giving him another week or two with the financial consultant on this so they have that additional information.
Council Member Brooks stated they wanted to have this back to them in 3 1/2 weeks, that started on Thursday (August 14) and 3 1/2 weeks would be next Monday, that Bill Haralson is an expert in this area and if need his input in the financial end if there was any reason why he couldn't do this and have it ready by next Monday; that we need to get this out and in front of the citizens so they can absorb the information and be educated on it prior to a vote. Mr. Duquette stated he thinks there is a certain value in helping us establish that initial business plan; makes sense for this community to get as much information as possibly can. He was thinking mid-September by the time to wrap this up. Council Member Glassheim stated he had no objection if talking mid-September.
PRESIDENT GERSHMAN RELINQUISHED CHAIR; MAYOR BROWN PRESIDING
Council Member Christensen stated there are several issues that concern him, 2 or 3 weeks isn't going to
make much difference, but if going to be asked to review a business plan and when he has seen business plans, he has data, assumptions and footnotes to verify the factual basis upon which the assumptions have been made, and in communications to council, Mr. Duquette had suggested that the water park task force or aquatics task force continue, not sure that it should continue but very concerned that whatever information is given to Mr. Haralson for him to recompute the financial data that was in that report that they all received and that is a public document. He stated he wants to make sure as to the source and the author of the source because will ask the question again and if assumptions are going to be made in the data compiled, wants to know the basis of the assumptions because when he is asked to vote on this or to discuss the resolution, he wants to have some facts and not educated guesses, unless there is data to support those educated guesses and projections. He stated the committee that he sat on, were staffed to come up with a report as to the size of the water park facility that they would recommend to this community and did that after spending somewhere in area of $25-35,000 on various consultants and doesn't know if Mr. Haralson is going to get paid any more or not, something they should know and how much they should know and if he is going to come back here should know that and should know how much time he is going to spend on assisting in putting together that aspect of the business plan, because council is going to be asked to make a decision that is going to impact this community going forward for many years and impact this community if there is a deficit in this facility and that deficit will be because the revenue projections are not appropriate or not sufficient, and if 2 to 3 weeks fine with him because big business decision. He stated he would remind this group that we had initial report from Councilman/Hunsaker & Assoc., Inc. and that has projected use data in it, then received another report from Ohlson Lavoie along with Haralson which has projected use in it, projected revenue expenses - this project has been in the lap of the Park District for 18 months or 2 years and there has to be a lot of data that our partner governmental entity has garnered - it is important that this data be shared because we're asked to use our taxing authority to pay for a project that another governmental agency wanted. He stated that if the revenue projections are going to change based upon what we have already paid for, wants to know the basis for those projections and will remember what he has said because he is going to get a transcript of this tape, and if this person who is going to assist in preparation of this data chooses to do so, then would ask that he present himself and give us the reasons for the deviation in his projections, because he will remind you that our task force started in March or April and all that data was there for the gathering to be given by the Park District to Mr. Haralson - and one of the main reasons that we choose Ohlson & Lavoie is because of their access to Mr. Haralson because those people told us that we could rely on the numbers they gave us because the charge that we gave them was we wanted project that is going to break even, and has spoken with other members of our task force and it is in the minutes, and wants it perfectly clear that he is going to be very interested in the business plan that will be presented and the assumptions that go in there and the factual basis for those assumptions.
Mr. Duquette stated he agrees with what Mr. Christensen has said and thinks the 3 week investment to have some serious comfort about an industry that is really new in this nation is good for the voters in this community and good for the council administration and that is his suggestion to the council.
Council Member Brooks stated timing is important but likes idea of sitting down with Mr. Haralson and Mr. Christensen brought up some good points and should go with it. Mr. Duquette stated we have a partnership in this and have Canad, the partners to the City, and each one of those entities is bringing some slightly new ideas about cost and revenue to us and that he wants that in front of Mr. Haralson to make sure that it appears he feels it is feasible and have more realistic numbers and information that we need to get in front of him.
Council Member Kreun stated one of the things in the report from Councilman/Hunsaker and Ohlson
Lavoie and from Mr. Haralson, that Mr. Haralson put that information together in the existing report in a very short period of time and would like a comparison of his data and footnotes of that previous one compared to this one, thinks this one will be a lot more accurate and probably something we can use this particular time over the last time because by his own admission at the public hearing, he only had a couple days notification to put that together and would think this probably would take more time and would get more pertinent information and be a better report, and come out to a truer number.
Council Member Christensen moved that Mr. Duquette have up to 3 weeks to get his report to the council (so actually another 2 weeks from the original date) and request that the report be in writing, and get the report at least a week before council is asked to vote on it and if Mr. Harrelson is going to change the report that he be here to present the report so they can ask questions. Council Member Gershman seconded the motion.
Council Member Hamerlik reviewed timeline which could be 5 to 6 weeks, and that is not enough time for the general public or the council to make decisions, but if have special meetings timeline in the motion might be okay. Mr. Duquette stated he would contact Mr. Harrelson tonight to determine his availability and advise council and put a timeframe to this. Mr. Duquette stated the goal is to provide as good information as can to the council and community, that this is a new industry and we need extras to help us with that. Council Member Christensen stated he would like to change his motion to remove getting the report the week before taking action and could be making a decision on the information and the resolution sometime during the week of September 22 as that will meet Mr. Duquette's timeline and gives him 2 weeks to get this information in writing and council can do something the week of September 22.
Council Member Glassheim spoke against the motion and that we not try to be so precise without knowing what is going on, Mr. Duquette knows we want this as rapidly as possible, and need time to digest it, all understand that we need it within 5 or 7 day timeframe and if has to organize special meetings, will organize those, but council not try to cover every eventuality tonight.
After further discussion Council Members Christensen and Gershman withdrew their motion and second.
Mr. Swanson stated that the minutes of August 14, 2003 meeting it appears a motion before the council is that within 3 weeks the council would adopt a resolution regarding the financial plan for the operation of the aquatics center and was moved by Council Members Glassheim and Kreun, and if that is the motion being discussed he does not find that they had a requirement or date deadline of a report back to you, and that means they will act upon a resolution within 3 weeks as opposed to a requirement that staff provide you with a report within 3 weeks. Council Member Kerian stated they were looking for a report to go into the resolution. Mr. Swanson stated that maybe the connection but in his interpretation of the minutes is as far as the deadline placed upon when that report would be provided to council, the motion appears to be silent.
Mr. Swanson stated a literal interpretation of the motion which was made on August 14 which was a Thursday at a special council meeting would seem to appear that the third week would expire at the end of this week and that some council action would be anticipated either next week in a special meeting or at a committee of the whole meeting if council decides to act on it - the motion isn't as precise as some of you might be suggesting - the motion that was made and passed talks about within 3 weeks that you would adopt a resolution - the 3 weeks from the 14th of August expires the latter part of this week.
Council Member Gershman moved that we postpone the resolution until we have the financial information, the business plan. Council Member Christensen seconded the motion. Carried 7 votes affirmative.
MAYOR AND COUNCIL MEMBER COMMENTS
1) Council Member Brooks stated he had a question on the trolley whether it could be used for tours vs. public transportation and if there was a concern; Todd Feland stated it is incidental to the entire operation, it is promoting the city and a city project, and as long as have Mayor's approval, can do it under those conditions.
He stated they had a Gateway Drive Committee that came forward with a recommendation to form a board and there have been at least two occasions where items have come up publicly about Gateway Drive and improvements and some concerns about the appearance of Gateway Drive and asked if there was a delay in putting that board put together. Mr. Potter stated the last time that issue was raised he stated he would be back in September, be back at the second committee of the whole meeting.
2) Council Member Hamerlik reminded that the ND League of Cities will be meeting in Grand Forks on September 18-20, imperative to try to attend some of the meetings and with people from around the state; and received in the mail this week the National League of Cities which is December 9-13 and mentioned that so they have a little front time as some cost savings for early registration.
3) Council Member Hamerlik stated this past week on one of the local talk shows a comment was made that several council people were going to do something re. the noise ordinance and since the noise they were talking about occurred in his ward (University Park), he was concerned because our noise ordinance calls for 10:00 o'clock p.m. and up to 12:00 midnight by the discretion of the chief of police. He stated that a year ago one group appealed the decision of the chief of police to the council, and council asked chief to make the decision (they wanted to go beyond 12:00 midnight because they had some contractual things, and in the summarization after that the group did a nice job; that the same group came this year and asked for the same thing and were granted permission - that at 1:00 a.m. and with a lot of noise, doesn't make for a happy neighborhood, and it would seem that they need to be resolute and if it says 10:00 o'clock and not leave that open-ended any more because it would seem unless other viable solutions to that, and also the Park has a deadline.
Mr. Swanson stated that the City Code with regard to the noise ordinance is 10:00 o'clock p.m. and that applies to radios, tv's, musical instruments, electrical devices, loud speakers, p.a. systems, etc. and this body has adopted Resolution 8058 in which they have specifically delegated noise variances for parties, festivals and celebrations to the police department without limitation on their discretion. Council Member Hamerlik stated that perhaps the best way to handle that is to either send it to committee or ask the police department to come in with a recommendation and maybe need to resolve that and left the matter to the mayor but there are some concerned citizens.
4) Council Member Gershman stated that the Business Friendly Committee meets tomorrow at 5:00 p.m. and the IS Department will give a presentation on the tracking system (when a project comes in) and our IS Department and other departments worked on that and put together this tracking system because it was discussed in one of our meetings that Sioux Falls does this and without any direction from committee and on their own initiative put this together and publicly thanked them.
Mayor Brown thanked Boy Scouts from the Air Base for leading in the pledge of allegiance, and congratulated the health department on receiving the 2003 Model Practice Award for the drive-through flu clinic from the National Association of City, County and Health Organizations. The award will be presented in Phoenix, AZ and the selection of this program is significant because it means that the program demonstrates exemplary and replicable qualities in response to a local public health need and has demonstrated its value through evaluation." That Potato Bowl Week activities with French fry feed on Thursday at University Park and a parade on Saturday followed by first football game of the year at the Alerus Center. There is Tour the Trails on Sunday with stop at the Japanese Garden; and tours of the flood protection project this week and next week. He also stated that Morey Koehn, employee of the sanitation department, passed away this past weekend and thoughts and prayers are with his coworkers, friends and family.
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Kreun that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor