Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 7, 2005
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, March 7, 2005, at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; absent: Council Member Kreun's absence excused.
The Grand Cities Children's Choir under the direction of Allison Brooks, sang the National Anthem.
Mayor Brown announced the retirement of Richard Shervold, fire apparatus specialist, and thanked him for his 32 years of service to the city of Grand Forks. Chief O'Neill stated that Mr. Shervold retired from the fire department, that he has been a very good firefighter and wished him the best.
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 events during the past week and upcoming events:
the our city suffered a great loss with the passing of Randy Lee, he will be missed as a resource for the historic preservation efforts in our community, and he served on the HPC for 6 years offering valuable insight, and our thoughts go out to his family and friends.
congratulations to Coach Roebuck and the UND women's basketball team on their 5th straight NCC tournament title and good luck in the NCAA tournament; and good luck to the UND hockey team and other local teams for tournament time.
congratulations to Kris Compton who was presented with the first Regional Athena award, and congratulations to all the nominees and to the Chamber committee who made the event happen.
he wished a warm welcome back to Col. Ramsay who returned to Grand Forks AFB last Friday after recent tour serving our nation, and looks forward to being inspired by his positive attitude.
he stated Wednesday is the State of the City address and welcomed everyone and if you can't make it, it will be televised on Channel 3 numerous times and available on the web - open to the public at no charge, there will be a charge for the luncheon.
PRESENTATION BY NON-PROFIT CHARITABLE GAMING
ORGANIZATIONS
Ms. Cathy Meagher, president and CEO Special Olympics North Dakota and also the chairman of the ND Attorney General's Gaming Advisory Board, stated that a number of charities are here to present information that will demonstrate and provide public record that a casino built and operated by the Turtle Mountain Band of Chippewa will be detrimental to the charities that operate gaming to fund their programs, and that any exception under Section 27-19 should not be considered. She stated that Peter Johnson, a UND media relations coordinator and serves on the Board of Directors for ARC Upper Valley and for Listen will make the presentation on behalf of the entire non-profit organizations that operate charitable gaming.
Peter Johnson stated they were here to talk about impact a tribal casino will have on charitable gaming in Grand Forks. He stated the organizations they are representing tonight: ND Assn. for the Disabled, Special Olympics North Dakota, Development Homes, Inc., The Arc, Upper Valley, LISTEN Center, and Blue Line Club Youth Activities and how the charities serve the community, including providing service to persons with intellectual and developmental disabilities. He also noted the revenues from charitable gaming that are used for programs, services or expenses, and the community impact of non-profits. He stated consequences of an off-reservation casino will likely be closing of gaming sites and loss of services to some of the most needy persons in the community, support from programs and curtailing development of new programs or facilities. He noted with reduction in funding non-profits will become more reliant on state, local communities, United Way and general public solicitations, and loss of tax revenue. He also suggested that an alternative worth considering would be that charitable organizations seek permission from the State to operate games; and to keep gaming charitable.
Council Member Gershman stated that if a casino were to happen in Grand Forks, they would not enter into any agreement without mitigating factors for gaming organizations and payment in lieu of taxes, that if this were to go forward there would have to be some mitigation to protect charities because of the work that they do.
Council Member Christensen stated they would do whatever can if casino gaming comes to Grand Forks to protect charities and stated the possibility extremely remote for Indian casino gaming. He stated that before this issue goes much further they are preparing budget for 2006 and that we should make it a line item in our budget to fund a certain amount of money so that the City retains its own group of individuals to assist us as to what can or can't be done re. charitable gaming, Indian casino gaming in the city.
Mr. Johnson stated they wanted to get it on record, that there are ramifications and impacts and having hard data would make that more complete.
MONTHLY FLOOD PROTECTION PROJECT UPDATE
Mark Walker, assistant city engineer, stated that as spring is around the corner to remind property owners that there is a 30-day wait for flood insurance coverage from time you purchase your policy until coverage takes place. He stated that Melanie Parvey-Biby is on maternity leave and there will not be a verbal update on greenway but will continue the written update. He stated that last month the ND Game & Fish gave us a $60,000 grant for construction of the southend boat ramp and thanked them. A short video presentation was made.
APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE BUILDING TO 1217 6TH AVENUE NORTH
The city auditor reported that the notice of public hearing on the application by Michael Benson to move a building from 7596 Gateway Drive (Swangler's Auto Wrecking) to 1217 6th Avenue North to be used as a dwelling had been published and posted as required.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Inspections Division relating to the application to move a dwelling from its storage place at 7596 Gateway Drive (Swangler's Auto Wrecking) to 1217 6th avenue North, with recommendation to approve the application for moving permit to move the dwelling to 1217 6th Avenue North.
There were comments from council that the building was quite run down and whether there perhaps should be bond requirements to make sure that the building repairs were completed. Bev Collings, building and zoning administrator, reported that this building has damage from the flood, and not in good condition but that the individuals have given word that the building will be totally gutted, windows replaced and will be put in habitable state.
After further discussion it was moved by Council Member Hamerlik and seconded by Council Member Brooks that the recommendation be approved and that individuals authorized to move the building subject to meeting conditions established. Carried 6 votes affirmative.
ADOPT RESOLUTION AUTHORIZING CALL OF CERTAIN
OUTSTANDING SALES TAX REVENUE (FOREIGN TRADE
ZONE) BONDS, SERIES 1995E
The staff report from the finance and administrative services director, relating to authorizing call of outstanding Sales Tax Revenue (Foreign Trade Zone) Bonds, Series 1995E, with recommendation to adopt resolution authorizing call of certain outstanding sales tax revenue (Foreign Trade Zone) bonds, Series 1995E and payment of funds from the 1995E Debt Service and the Jobs Development Authority funds into an escrow account, and to authorize appropriate city officials to execute the escrow agreement.
Council Member Brooks introduced the following resolution and moved its adoption: Document No. 8639 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gershman and upon vote being taken thereon, the following voted in favor: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian - 6; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted, and was signed by the Mayor and attested by the City Auditor.
ADOPT RESOLUTION CONFIRMING SALE, DIRECTING
ISSUANCE OF SALES TAX REVENUE REFUNDING BONDS,
SERIES 2005A AND PRESCRIBING TERMS AND
COVENANTS THEREOF
The staff report from the finance and administrative services director relating to confirming issuance of Sales Tax Revenue Refunding Bonds (The Alerus Project), Series 2005A, with recommendation to adopt resolution confirming and directing issuance of Sales Tax Revenue Refunding Bonds, Series 2005A and prescribing the terms and covenants thereof.
Alan Erickson, Springsted Incorporated, reported that they have been following the original financing for the Alerus Center which they completed about 8 years ago, that they have been looking at it in case the market got better in order to refund it to affect some savings; the market became such that they came to the City to discuss this and the city council gave direction on February 14 to move ahead with this provided they could get a baseline savings of $3.5 million present value and no lower than that, they went through the pricing and are asking council to confirm that tonight, and what they were able to price out today was final net present value benefit of savings of $3.889 million and in excess of that, thought that was excellent and wanted to present that to council tonight to confirm it.
Council Member Gershman introduced the following resolution and moved its adoption: Document No. 8640 - Resolution.
Council Member Gershman moved the adoption of the foregoing resolution, which motion was duly seconded by Council Member Brooks. Upon vote being taken thereon, the following voted in favor thereof: Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian - 6; and the following voted against the same: none; whereupon the resolution was declared duly passed and adopted, and was signed by the Mayor and attested by the City Auditor.
TABLE MATTER OF ORDINANCE RELATING TO
SMOKING IN PUBLIC PLACES TO MAY 16, 2005
The staff report from Council Member Kerian relating to smoke-free workplace ordinance, with recommendation for first reading and preliminary approval.
Council Member Kerian stated they have continuation of discussion about smoking ordinance for our city, and have possibility of accepting first reading tonight, that there has been conversation about whether we should wait to see what our legislature does, tabling that may also be an option, and that there are some people in the audience who would like to speak to this. She stated they would also like at future discussion guidance for changes or research, information that the council needs.
The following citizens addressed the city council speaking in favor of the ordinance:
Charles Kupchella, 1 Yale Drive, UND President.
Deb Knuth, Government Relations Director, American Cancer Society.
Laura Lizakowski, 818 Cherry Street, member of Tobacco Free Coalition
The following citizens addressed the council speaking against the ordinance because of impact on business and taking away freedom of choice:
Jim Carlson, 1020 Sunset Drive, business places coin-operated games in bars and taverns.
Harry Bushaw, 1708 Mill Road, owner Bun Lounge
Mike McMenamy, McMenamy's Tavern
Nicole Kroenze, general manager of Borrowed Bucks, 1970 South Columbia Road.
Bill Korol, Down Under Pub and Sensations.
Mary Weaver, 509 Cherry Street
Alan Cormican
Council Member Brooks stated more discussion is needed and also need to discuss with city of East Grand Forks, and moved to table this matter to May 16, 2005 and Council Member Christensen seconded the motion. Upon roll call the following voted "aye": Council Member Brooks, Hamerlik, Gershman, Christensen - 4; voting "nay": Council Members Glassheim, Kerian - 2. Mayor Brown declared the motion to table carried.
APPROVE CHANGE ORDER, PROJECT NO. 5462
The staff report from the engineering department relating to Change Order No. 1 for Project No. 5462, English Coulee Maintenance from 24th Avenue South to 17th Avenue South, with recommendation to approve the Change Order No. 1 for Gowan Construction in the amount of $26,125.00.
It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Carried 6 votes affirmative.
APPROVE AWARD OF BIDS FOR PROJECT NO. 5728,
2005 FORCEMAIN VALVE REPLACEMENT
The staff report from the engineering department relating to consideration of bids for Project No. 5728, 2005 Forcemain Valve Replacement, with recommendation to award contract to the low bidder, Molstad Excavating, Inc. in the amount of $159,000.
It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Carried 6 votes affirmative.
ADOPT RESOLUTION CREATING SPCIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT NO.
5767, DISTRICT NO. 610
The staff report from the engineering department relating to creating special assessment district for Project No. 5767, District No. 610, paving South 20th Street from 36th Avenue South to 40th Avenue South, with recommendation to approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.
Council Member Brooks introduced the following resolution creating the assessment district, which was presented and read: Document No. 8641 - Resolution.
The city auditor presented and read the engineer's report on Paving Project No. 5767, District No. 610: Document No. 8642 - Report.
Council Member Brooks introduced the following resolution of necessity which was presented and read: Document No. 8643 - Resolution.
It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Paving Project No. 5767, District No. 610 be accepted and adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian - 6; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PAVING
PROJECT NO. 5672, DISTRICT NO. 606
The city engineer's estimate of total cost of the construction of paving 55th Avenue South from Belmont Road to Cherry Street in the amount of $ , was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5672, paving 55th Avenue South from Belmont Road to Cherry Street, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Brooks introduced the following resolution which was presented and read: Document No. 8644 - Resolution.
It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, SEWER
PROJECT NO. 5778, DISTRICT NO. 437
The city engineer's estimate of total cost of the construction of storm sewer for Southbrook Addition in the amount of $75,363.75, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5778, District No. 437, storm sewer in Southbrook First and Third Additions described as north property line of Lot 10, Block 2, north to 48th Avenue South, 49th Avenue South, 48th Avenue South from east line of Lot 5, Block B to South Washington Street, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Brooks introduced the following resolution which was presented and read: Document No. 8645 - Resolution.
It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, SEWER
PROJECT NO. 5776, DISTRICT NO. 436
The city engineer's estimate of total cost of the construction of sanitary sewer for Southbrook Additions, in the amount of $78,304,.80, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5776,
District No. 436, sanitary sewer in Southbrook First Addition, as follows: 49th Avenue South between Curran Court and Currant Court and 48th Avenue South, Lots 3, 4, 6, 7, 8 and 10, Block A, Southbrook Third Resubdivision, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Brooks introduced the following resolution which was presented and read: Document No. 8645.1 - Resolution.
It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, WATERMAIN
PROJECT NO. 5777, DISTRICT NO. 284
The city engineer's estimate of total cost of the construction of watermain for Southbrook Additions in the amount of $85,940.40, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5777, District No. 284, watermain in Southbrook First and Third Additions as follows: north property line of Lot 10, Block 2, north to 48th Avenue South, 49th Avenue South, 48th Avenue South (from Lot 6, Block A to South Washington Street, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Brooks introduced the following resolution which was presented and read: Document No. 8645.2 - Resolution.
It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
ADOPT RESOLUTION APPROVING PLANS AND SPECIFI-
CATIONS AND ADVERTISEMENT FOR BIDS, PAVING
PROJECT NO. 5779, DISTRICT NO. 612
The city engineer's estimate of total cost of the construction of paving in Southbrook Additions in the amount of $282,299.33, was presented and read.
The staff report from the engineering department relating to plans and specifications for Project No. 5779, District No. 612, paving in Southbrook First and Third Additions as follows: north property line of Lot 10, Block 2, north to 48th Avenue south, 49th Avenue South, 48th Avenue South from east line of Lot 5, Block A to South Washington Street, with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.
Council Member Brooks introduced the following resolution which was presented and read: Document No. 8645.3 - Resolution.
It was moved by Council Member Brooks and seconded by Council Member Gershman that the recommendation be approved and that the resolution approving the plans and specifications be adopted. Carried 6 votes affirmative.
ACCEPT BID FOR VEHICLES FOR HEALTH DEPARTMENT
The staff report from the health department relating to vehicle bid award, with recommendation to award lowest bid to Hanson Ford for replacing 3 vehicles, less trade-in in 2005 in the amount of $32,306.00.
It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Carried 6 votes affirmative.
APPROVE EXEMPTION OF TRANSIENT MERCHANT
LICENSES FOR GRAND CITIES ART FEST EVENT
The staff report from the public information center relating to transient merchant licenses exemption for Grand Cities Art Fest event, with recommendation to approve that the 2005 Art Fest event vendors (food and artists) are exempt from purchasing transient merchant licenses.
It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Carried 6 votes affirmative.
ADOPT RESOLUTION URGING CONGRESS TO REJECT
PORTIONS OF PROPOSED 2006 FEDERAL BUDGET RE.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
A resolution urging Congress to reject that portion of the Administration's proposed 2006 Federal Budget that calls for the elimination of the Community Development Block Grand (CDBG) program and require that CDBG remain fully funded, and declaring an emergency was before the city council.
Council Member Brooks introduced the resolution which was seconded by Council Member Gershman and recommended for approval. Document No. 8646 - Resolution. Upon call for the question and upon voice vote, the motion approving the resolution was adopted by a vote of 6 votes affirmative.
APPROVE POLICIES AND PROCEDURES UPDATE
AND AUTHORIZE STAFF TO SOLICT APPLICATIONS
The staff report from the urban development director relating to Beautification Program, with recommendation to approve policies and procedures update and authorize staff to solicit applications for the 2005 program year.
It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Carried 6 votes affirmative.
APPROVE ANNUAL PLAN FOR 2005 STATE HOME
FUNDS AND REALLOCATION OF 2004 HOME FUNDS
The staff report from the urban development director relating to Annual Plan for 2005 State HOME Funds and reallocation of 2004 HOME funds, with recommendation to approve.
It was moved by Council Member Brooks and seconded by Council Member Gershman that this recommendation be approved. Carried 6 votes affirmative.
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment Listing 05-05, dated March 4, 2005, totaling $795,089.33, and Estimate Summary
in the amount of $428,351.92 were presented and read.
It was moved by Council Member Brooks and seconded by Council Member Hamerlik 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, Gershman, Christensen, Kerian - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills and estimates ordered paid.
APPROVE MINUTES FEBRUARY 22, 2005
Typewritten copies of the minutes of the city council meeting held on Tuesday. February 22, 2005 were presented and read. It was moved by Council Member Brooks and seconded by Council Member Kerian that the minutes be approved as read. Carried 6 votes affirmative.
MAYOR AND COUNCIL COMMENTS
1) Council Member Glassheim stated he hoped they were starting to look at Springfest situation; and also noted that the legislature will be finished by April 29, and will probably know about smoking ordinance by April 15.
2) Council Member Hamerlik stated that there was a meeting held last week consisting of City staff, Park District, UND re. the issue of Springfest, and there will be another meeting in a couple weeks because assignments as to programming, procedure will be reviewed by individuals re. their areas.
3) Council Member Christensen asked that in the interim of smoking ordinance until see what legislature does, that the city administrator, city attorney and staff get the following information - a survey of all the cities in the state that have smoking/no smoking ordinances and how they limit them. He stated that if we have a no smoking ordinance in this community how it would govern bars that have food; and should have this information to see how these businesses could be affected. He stated he would like to see other ordinances that are not quite as extreme; and that if the Legislature does not act on this, we would have a foundation to review and debate or vote.
4) Council Member Hamerlik suggested that they also check with cities on the Minnesota side up and down the valley.
5) Council Member Kerian stated one of the individuals who spoke said that University Park might be smoke free and that is not in the ordinance nor is it limiting it for streets. She stated another issue was brought up tonight that there are other dangers in the world and mentioning our ranking with binge drinking as an issue - that also is an item of concern to this community, and something this community needs to take this quite seriously to look at ways to improve that.
6) Council Member Gershman stated that with the social agencies in town that derive a lot of their income from charitable gaming what their position is on the smoking ban in bars. He stated that at a previous flood protection meeting there was discussion of forming a committee to re-study the Riverside pool issue, and they recommended from the $830,000 that is set aside for a pool, that $10,000 be set aside to get an independent consultant's view of what the ramifications are of those types of pools in the country and how it would work or not work to keep Riverside pool; they met with the Park District on this and they agree; and asked the Mayor to instruct staff to work with committee so they can form that committee so neighborhood and community has another chance to look at this.
ADJOURN
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
____________________________________
Michael R. Brown, Mayor