Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 19, 2005
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, September 19, 2005 at the hour of 7:00 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Hamerlik, Glassheim, Christensen, Kreun, Gershman - 5; 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.
President Gershman commented on various events during the past week and upcoming events:
He thanked the Grand Forks Police Department and thanks to Senator Conrad's Office for securing a $3 million grant for public safety radio inter-operative ability; this will make it easier for different law agencies to communicate with one another and that was an issue during the disaster down south.
COUNCIL MEMBER KERIAN REPORTED PRESENT
Make plans to attend the Mardi Gras Rally for Relief on Tuesday, September 27, at the Alerus Center for 4:00 to 11:00 p.m., this is a community-wide fund raiser that will help raise money to send to Hurricane victims in the Gulf, includes a spaghetti feed, appetizers, desserts, music and there might be some named talent, games and fun for the entire family and mark your calendar for next Tuesday.
He reported that the event raiser at the Empire last Wednesday night, they raised $8,520 for the Salvation Army and that will go into the total for the city at the Rally.
Council Member Kreun stated we were able to obtain grant monies with the ability of the Grand Forks Fire Department and the East Grand Forks Fire Department - we had a very serious incident in East Grand Forks last week with cave-in, Gordy Weber was one of the first ones on the scene that helped with the extraction, and wanted this brought forward to the citizens of Grand Forks and East Grand Forks as the communication between those two departments was excellent, that we were able to bring over a piece of equipment that hadn't been used but only trained on and in his opinion that particular training and usage of that equipment through that grant is what saved those two men's lives, that we get static about spending money and weapons of mass destruction, etc. and this is prime instance where we were able to attain the equipment, train on it and save two individuals lives, and we thank both Grand Forks and East Grand Forks fire departments and communication that takes place between our two cities and our two rescue units.
President Gershman reported that Congressman Pomeroy has been working with various congressmen from the gulf region and made the contact for the Mayor of Grand Forks to Congressman Gene Taylor from the gulf, the Mayor met with the staff of Congressman Taylor of Mississippi today and focus was on the hardest hit cities along the coast, Biloxi was one of those, contacts were made and Mayor Brown spoke with the Biloxi mayor, A. J. Holloway, and he was very excited about our offer and looks forward to working with us, that in a subsequent call with the mayor, he requested that for this coming week that the city council members work with the mayor's office to give their input on a resolution to help define what our relationship will entail with Biloxi.
ADOPT FINAL BUDGET FOR THE CITY OF GRAND FORKS FOR 2006 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, 2006 had been published as required and was continued until this evening, and presented the final budget for consideration.
The city auditor noted there were no comments or grievances filed with his office and recommended to adopt the final budget for 2006, approve Annual Appropriation bill and Tax Levy and certificate of Levy.
President Gershman opened the public hearing and asked for comments; there were none, and the public hearing was closed.
It was moved by Council Member Christensen and seconded by Council Member Kerian to move adoption of the resolution approving the final 2006 budget and mill levy within an amendment from the preliminary adoption reducing the Airport mills by .37 mills and reducing the budget by $40,631.00: Document No. 8761 - Resolution.
Council Member Christensen stated that as we are adopting a resolution that didn't consider the impact of adopting a sister city and it appears its could be Biloxi, asked that as part of this budgeting process that the city auditor along with the city administrative coordinator be directed to keep track of the monies we are going to be spending as a community for staff time, travel, etc. because we have some discretionary funds in various departments, including mayor's office and 2163, so that we can report to our constituents that we entered into this relationship recognizing that it is going to cost us some money for sister-city.
Upon call for the question on adoption of the resolution and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the motion carried and the budget adopted.
President Gershman reminded the public that the mayor, city council and staff worked hard to reduce the mills in this budget by 9 mills.
APPROVE FINAL PLAT, AND ADOPT ORDINANCE NO.
4085, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
ZAVORAL'S FIRST ADDITION, BEING A REPLAT OF LOT
4, BLOCK 1, KANNOWSKI'S FIRST ADDITION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on Zavoral's First Addition, being a Replat of Lot 4, Block 1, Kannowski's First Addition, Grand Forks, north Dakota", which was presented, read and passed on its first reading on August 15, 2005, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date he had received no written protests on this matter.
President Gershman opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Deacon's Development LLP for final approval of Zavoral's First Addition, being a Replat of Lot 4, Block 1, Kannowski's First Addition to the city of Grand Forks, ND (located in the 5100 to 5400 blocks of South Washington Street), with recommendation to give final approval to the plat, subject to conditions shown on the review copy, and to include approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
4086 TO AMEND THE STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF EAST LAKE ADDITION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota to include the public rights of way shown as dedicated on the plat of East Lake Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 15, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date he had received no written protests on this matter.
President Gershman opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Jed and Jennifer Carlson for final approval of the plat of East Lake Addition to the city of Grand Forks, ND (located in the SE Quarter NE Quarter of Section 35, T151N, R50W of the Fifth P.M.) with recommendation to give final approval to the plat, subject to conditions shown on the review copy, and to include approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Hamerlik and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
4087, TO AMEND STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF McENROE FIRST ADDITION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of McEnroe First Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading on August 15, 2005 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date he had received no written protests on this matter.
President Gershman opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to request from ICON Architectural Group on behalf of ICON-McEnroe Land Development for final approval of the plat of McEnroe First Addition to the city of Grand Forks, ND (loc in the S Half of the NW Quarter, Section 8, T151N, R50W of the 5th P.M.) with recommendation to give final approval to the plat, subject to conditions shown on the review copy, and to include approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.
APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
4088 TO AMEND THE STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT
OF COLUMBIA PARK 32ND RESUBDIVISION
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Columbia Park 32nd Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 15, 2005, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date he had received no written protests on this matter.
President Gershman opened the public hearing, there were no comments and the public hearing was closed.
Mr. Potter stated the issue before the council is to plat the land, there are 3 elements dealing with this piece of land, one is platting which is before you tonight for public and final action, the second and third items are in another section of the agenda for preliminary approval of the zoning and request to annex.
The staff report from the Planning and Zoning Commission relating to request from CPS, Ltd. on behalf of Arthur Greenberg, Jr. for final approval of the plat of the Columbia Park 28th Resubdivision (formerly submitted as Columbia Park 32nd Addition and being a replat of Lot 3, Block 1, Columbia Park 28th Addition and unplatted lands to the south thereof) to the city of Grand Forks, North Dakota (loc. in the 4300 block of 36th Avenue South), with recommendation to give final approval to the plat, subject to the conditions shown on the review copy, and to include final approval of an ordinance amending the Street and Highway Plan.
It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.
ADOPT ORDINANCE NO. 4089, AMENDING ZONING MAP
TO INCLUDE WITHIN THE McENROE FIRST PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOMENT PLAN,
ALL OF McENROE FIRST ADDITION
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Garden View Estates Areas 6-1, 7-1, and 7-2 and to include within the McEnroe First PUD (Planned Unit Development), Concept Development Plan, all of the McEnroe First Addition, city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 15, 2005, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
President Gershman opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to request from ICON Architectural Group on behalf of ICON-McEnroe Land Development for final approval of an ordinance to amend the zoning map to rezone and exclude from the Garden View Estates Areas 6-1, 7-1 and 7-2 and to include within McEnroe First PUD (Planned Unit South Development), Concept Development Plan all of McEnroe First Addition (located in the S Half of NE Quarter, Section 8, T151N, R50W of the 5th P.M.), with recommendation to give final approval to the ordinance, subject to the conditions shown or attached to the review copy.
It was moved by Council Member Hamerlik and seconded by Council Member Christensen that this recommendation be approved. Carried 6 votes affirmative.
Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the motion carried and the ordinance adopted.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO INCLUDE WITHIN WEST CAMPUS
PUD (PLANNED UNIT DEVELOPMENT) CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF
WEST CAMPUS RESUBDIVISION UNTIL OCTOBER 3, 2005
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the West Campus PUD (Planned Unit Development), Concept Development Plan, and to include within the West Campus PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of West Campus Resubdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on August 15, 200, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
President Gershman opened the public hearing, there were no comments and the public hearing was closed.
Mr. Potter stated that the F-D on the cross hatch mark on plat is the designation for future development, and that when this land was originally put into a planned unit development there was discussion about the underpass at 42nd Street and it was agreed between the City and the University that F-D would indicate future development and the University would not develop on that until they came back to the City and we mutually agreed that development might occur on that, it is an attempt to basically hold that land as a future right of way.
Council Member Christensen stated that they have been aware on the exploring of the development of the underpass on 42nd Street, this area is crucial if we are going to do an underpass on 42nd, and that this is reserved until they have future discussion with the University, and that the addition requirement is that the wind turbine ceases to operate for a period exceed 12 months, the property owner shall permanently remove the wind turbine and all associated structures, assuming that it ceased operation for 364 days and wanted to keep it erected would only start and operate for one day and wouldn't be required to remove it, and questioned how long you would want to leave it in an inoperable state in light of the fact that it isn't operating and obviously looking for funds, etc. and asked if we have the ability to say we want it down.
He questioned if we should defer on this and get an opinion from Mr. Swanson or give it conditional approval for a year.
Mr. Potter stated it would be a point if somebody did start it up again after 364 days, could happen and thinks there is a question of intent, could become argument etc. The wind turbine is not going to be in this future development.
Council Member Hamerlik stated he was concerned about the appearance of this at one of the main entrances to the city - at DeMers, the Interstate and one of the main entrances to the Alerus, golf course and a very unsightly operation, a cargo box is its office.
Kevin Harrison, 3904 University Avenue, stated there could be a mechanical problem with it and they wouldn't run it at all until that was fixed, funding for this project lasts for about another year and a half and following funding would be pursued to continue the project.
Council Member Christensen moved to defer this matter for 2 weeks - to continue public hearing and second reading of the ordinance. Council Member Kerian seconded the motion. Carried 6 votes affirmative.
ADOPT ORDINANCE NO. 4090, RELATING TO RESTRICTIONS
ON SALE, SERVICE OR DISPENSING OF ALCOHOLIC
BEVERAGES, AND AUTHORIZATION OF ON-SALE ON
THANKSGRIVING DAY
An ordinance entitled "An ordinance amending Section 21-0221 of the Grand Forks City Code relating to restrictions on sale, service or dispensing of alcoholic beverages; authorization of on-sale on Thanksgiving Day", which had been introduced and passed on its first reading on September 6, 2005, was presented and read for consideration on second reading and final passage.
Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Member Glassheim and seconded by Council Member Kerian. Carried 5 votes affirmative.
Upon call for the question on adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun - 5; voting "nay": none. Council Member Gershman recused. President Gershman declared the motion carried and the ordinance adopted.
ADOPT ORDINANCE NO. 4091, RELATING TO PERSONS
UNDER 21 YEARS, PROHIBITED ON LICENSED PREMISES;
EXCEPTIONS
An ordinance entitled "An ordinance amending Sections 21-0201 and 21-0228 of the Grand Forks City Code relating to persons under 21 years - prohibited on licensed premises; exceptions", which had been introduced and passed on its first reading on September 6, 2005, was presented and read for consideration on second reading and final passage.
Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Member Glassheim and seconded by Council Member Kerian. Carried 5 votes affirmative.
Upon call for the question on adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun - 5; voting "nay": none. Council Member Gershman recused. President Gershman declared the motion carried and the ordinance adopted.
ADOPT ORDINANCE NO 4092, RELATING TO RESTRICTIONS
ON SALE, SERVICE OR DISPENSING OF ALCOHOLIC
BEVERAGES; AUTHORIZATION OF 2:00 A.M. CLOSING TIME
An ordinance entitled "An ordinance amending Section 21-0221 of the Grand Forks City Code relating to restrictions on sale, service or dispensing of alcoholic beverages; authorization of 2:00 A.M. closing time", which had been introduced and passed on its first reading on September 6, 2005, was presented and read for consideration on second reading and final passage.
Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Member Glassheim and seconded by Council Member Kerian. Carried 5 votes affirmative.
Upon call for the question on adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun - 5; voting "nay": none. Council Member Gershman recused. President Gershman declared the motion carried and the ordinance adopted.
DETERMINE INSUFFICIENCY OF PROTEST ON PAVING
DISTRICT NO. 616, PROJECT NO. 5820
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 616, project No. 5820, construction of pavement on 44th Avenue South from South Washington Street to the Southend Drainway, had expired on August 1, 2005 and had been continued until this evening, and no protests received.
President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were none and the public hearing was closed.
Council Member Kerian introduced the following resolution as to protests which was presented and read: Document No. 8762 - Resolution.
It was moved by Council Member Kerian and seconded by Council Member Kreun that we find and determine an insufficiency of protest against Paving District No. 616, Project No. 5820, as no protests were filed, and further that the resolution be adopted. Carried 6 votes affirmative.
HOLD PUBLIC HEARING ON PROPOSED AMENDMENT
NO. 2 TO THE 2005 CDBG ANNUAL ACTION PLAN FOR
AFFORDABLE HOUSING PROGRAM
The city auditor presented the matter of the public hearing on the matter of proposed Amendment No. 2 to the 2005 CDBG Annual Action Plan for Affordable Housing program.
The staff report from the office of urban development, relating to the proposed Amendment No. 2 to the 2005 CDBG Annual Action Plan for the Affordable Housing Program, with recommendation to review proposed Amendment No. 2 to 2005 CDBG Program; close public comment period, hold public hearing, and approve amendment.
President Gershman opened the public hearing; there were no comments and the public hearing was closed.
Mr. Lund reported that this action would amend the 2005 current year's CDBG program and adding $100,000 to the Affordable Housing Program for down payment and closing costs assistance program.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.
ADOPT RESOLUTION RELATING TO $2,195,000
REFUNDING IMPROVEMENT BONDS, SERIES 2005B;
CALLING FOR THE SALE
The staff report from the finance director relating to authorizing the call for bids and setting sale date for $2,195,000 Refunding Improvement Bonds, with recommendation to adopt resolution relating to $2,195,000 Refunding Improvement Bonds, Series 2005B, call for the public sale thereof.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.
Council Member Kreun introduced the following resolution and moved its adoption: Document No. 8763 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon, the following voted in favor: Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 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 his signature attested by the city auditor.
ADOPT RESOLUTION AUTHORIZING ISSUANCE AND
CALLING FOR SALE OF GENERAL OBLIGATION TAX
INCREMENT REFUNDING BONDS, SERIES 2005C
The staff report from the finance director relating to Advance Refunding of General Obligation Tax Increment Bonds, Series 1994A and 1995B, with recommendation to approve the advance refunding of G.O. Tax Increment Bonds, Series 1994A (GFG Debt) and 1995B (GFG and Warehouse Apts.) and adopt resolution calling for the public sale of Series 2005C.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.
Council Member Kreun introduced the following resolution and moved its adoption: Document No. 8764 - Resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Hamerlik and upon vote being taken thereon, the following voted in favor: Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 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 his signature attested by the city auditor.
APPROVE PROJECT CONCEPT REPORT FOR PROJECT
NO. 5671, POINT BRIDGE REHAB.
The staff report from the engineering department relating to Project Concept Report for Project No. 5671, Point Bridge Rehab, with recommendation to approve Project Concept Report for Project No. 5671, Point Bridge Rehab, approve Alternate 1 Preservation project as the preferred alternative, including the lighting upgrade; consider the slide repair as a future project; and concur with East Grand Forks' decision on the sidewalk construction.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Upon voice vote, the motion carried 6 votes affirmative.
INTRODUCE ORDINANCE AMENDING SECTIONS OF
THE GRAND FORKS CITY CODE RELATING TO THE
ESTABLISHMENT OF VARIOUS FEES AND CHARGES
The staff report from the finance director relating to various code changes to amend license and permit fees, with recommendation to introduce various ordinance amendments to change some license and permit fees effective for calendar year 2006.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.
Council Member Brooks introduced an ordinance entitled "An ordinance amending sections of the Grand Forks City Code relating to the establishment of various fees and charges", which was presented, read and passed on its first reading.
ADOPT AMENDMENTS TO TRAVEL EXPENSE POLICY
AND PROCEDURES
The staff report from the finance director relating to amendments to travel expense policy and procedures, with recommendation to amend the Travel Expense Policy and Procedures as established by the city auditor per City Code 6-0317 and approved by the city council on February 17, 2004, and establish an effective date of August 1, 2005 for the amendments.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
APPROVE APPLICATION BY GREAT WALL BUFFET
FOR CLASS 3 (OFF AND/OR ON SALE BEER AND WINE)
LICENSE
The staff report from the finance director relating to an application for Class 3 (Off and/or On Sale Beer and Wine) license by Wen Yu Jiang dba Great Wall Buffet, 3555 Gateway Drive, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and sign off by appropriate departments.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 6 votes affirmative.
INTRODUCE ORDINANCES FOR WINERY ALCOHOLIC
BEVERAGE LICENSE AND TO AMEND LOCATION FOR
LICENSED PREMISES
The staff report from the Council Member Christensen relating to ordinances to amend and re-enact Sections 21-0205, 21-0210 and 21-0215 of the Grand Forks City Code, with recommendation to adopt the amendments to the Code.
There was come discussion relating to the amount of samples allowed under certain off-sale classes of license for alcoholic beverages, and that sampling sizes should be consistent. Council Member Christensen noted that Mr. Swanson has suggested that we consider elimination of the language that precludes an applicant operating within a church, school, hospital and that he had suggested that they change our ordinance to exempt B-2 and B4. Mr. Swanson stated his concern with the proposal to eliminate or create an exemption for the B-2 zone has more to do with the ability to distinguish a B-3 zone insofar as the uses that are allowed in a B-2 zone are adopted by reference to B-2 in a B-3. Logic tells him it is difficult to distinguish B-3 from B-2 for purposes of restricting alcohol sales when you incorporate one into the other and that is why he made the recommendation by which to consider eliminating those types of restrictions entirely; and agrees with the recommendations that those be uniform.
COUNCIL MEMBER BROOKS REPORTED PRESENT
Council Member Glassheim stated that new bars and restaurants have sprung up in this town and have been able to accommodate themselves to the existing law, and there are two things, one minor and one that wants a license in order to get around the smoking ordinance, doesn't want to be a bar but have license so they can smoke, and other is a winery tasting production facility which is not really a bar but wants to be a bar but the question is if it doesn't make any sense to protect public schools and churches from alcohol proximity, then throw it out, but maybe it still does and good reason for why that was adopted.
Council Member Christensen asked to look at paragraph (B), you don't get a liquor license if you are within 300 feet of a church, college, university building used for academic purposes, public or parochial school, public library or the hospital, that 300 feet is a city block and when this ordinance was passed they exempted the B-4, downtown in its entirety, so you could have bars within 300 feet of a church, that now have a choice of exempting B-2, that giving this council or future councils the ability to grant or not grant a license based upon the proposed location and proximity to a school or not, and should include language to eliminate paragraph (B) from the code, because the way this town is developing and designate an area in the PUD for church, and can see what they have done for schools, and university building used for academic purposes not much significance there.
Council Member Kerian moved first reading of the ordinance for winery alcoholic beverage license, Council Member Christensen seconded the motion.
Mr. Swanson asked that they include changes with respect to the sampling 2 oz. and that the 16 oz. was intended to be total amount and should be collectively or uniformly applied and include that into the motion. He stated changes are in the Class 2, Class 14 and proposed Class 15 licenses with respect to sampling
Upon call for the question and upon voice vote, the motion carried 5 votes affirmative, Council Member Glassheim voted against the motion; President Gershman recused.
Council Member Brooks introduced an ordinance entitled "An ordinance amending Section 21-0106, 21-0205 and 21-0210 of the Grand Forks City Code relating to domestic winery on-sale and off-sale alcoholic beverage licenses", which was presented, read and passed on its first reading.
Council Member Christensen moved that we amend Section 21-0215 (2) to delete paragraph (b) in its entirety. Council Member Kreun seconded the motion.
Council Member Christensen stated that the effect is to eliminate the 300 ft. requirement to the nearest lot line to the closest lot line point of any church, college, university building used for academic purposes, public or parochial school, public library or hospital, from the ordinance.
Upon call for the question and upon voice vote, the motion carried 5 votes affirmative, Council Member
Glassheim voted against the motion and President Gershman recused.
Council Member Brooks introduced an ordinance entitled "An ordinance amending Section 21-0215 of the Grand Forks City Code relating to alcoholic beverage control - locations where licensed premises prohibited", which was presented, read and passed on its first reading.
APPROVE CONCEPT REPORT FOR PROJECT NO. 5702,
PAVING 40TH AVENUE SOUTH FROM SOUTH 20TH
STREET TO REUMMELE ROAD
The staff report from the engineering department relating to Project Concept Report for Project No. 5702, paving 40th Avenue south from South 20th Street to Reummele Road, with recommendation to approve Project Concept Report.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION TO PREPARE PLANS AND SPECIFICATIONS,
WATERMAIN PROJECT NO. 5890, DISTRICT NO. 287
The staff report from the engineering department relating to creating special assessment district for Project No. 5890, District No. 287, watermain on 40th Avenue South, 2500-2700 blocks, with recommendation to create special assessment district, approve engineer's report, including estimate of cost, an assessment district map, and direct engineering department to prepare plans and specifications and advertise for construction bids, and that we declare intent to sell bonds to finance these improvements.
Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No. 8765 - Resolution.
The city auditor presented and read the engineer's report on Watermain Project No. 5890, District No. 287: Document No. 8766 - Report.
Council Member Kreun introduced the following resolution to prepare plans and specifications: Document No. 8767 - Resolution.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that the recommendation be approved and the resolution creating the special assessment district, the engineer's report and the resolution to prepare plans and specifications for Watermain Project No. 5890, District no. 287, be accept and adopted. 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 report and resolutions adopted.
APPROVE BIDS AND AWARD CONTRACT FOR PROJECT
NO. 5774, TRUNK SANITARY SEWER
The staff report from the engineering department relating to consideration of bids for Project No. 5774, Trunk Sanitary sewer along 40th Avenue South, with recommendation to award contract to low bidder, Molstad Excavating, Inc. in the amount of $218,930.00, contingent upon easement acquisition necessary for the project.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved and the contract awarded to Molstad Excavating, Inc. 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 contract awarded.
APPROVE SUPPLEMENTAL UPDATE OF PRIORITY LIST
AND SUBMIT TO MPO
The staff report from the engineering department relating to recommendation to MPO for 2005-2006 annual Work Program Supplemental update, with recommendation to approve Supplemental Update of the Priority List and submit to MPO for including in 2005-2006 Work Program if funds become available from the ND Department of Transportation.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman ; and the following voted "nay": none. President Gershman declared the motion carried.
APPROVE ACCESS AND TRAFFIC SIGNAL AT 11TH
AVENUE SOUTH AND SOUTH 42ND STREET
The staff report from the engineering department relating to matter of access and traffic signal at 11th Avenue South and South 42nd Street, with recommendation to approve a full access at 11th Avenue South and South 42nd Street, approve the concept of signalization of the intersection and recommend budget development to the mayor.
It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. 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.
APPROVE BUDGET AMENDMENT, FIRE DEPRTMENT
The staff report from the fire department relating to budget amendment, with recommendation to bring unused 2003-1 and 2003-2 Homeland Security revenues into the 2005 budget. It was moved by Council Member Kreun and seconded by Council Member Hamerlik that this recommendation be approved. Carried 7 votes affirmative.
APPROVE RECYCLING SERVICES AGREEMENT
The staff report from the director of public works relating to recycling service agreement, with recommendation upon final review of the service agreement by the city attorney, approve the recycling agreement with Waste Management of North Dakota, Inc. at rate of $2.15 per month per residential unit and $1.10 per month per participating apartment unit.
Jason Schaefer, 36 Parkview Circle, and Darrell Bragg, 3702 Cherry Street, Grand Forks County Citizens Coalition, were present. Mr. Bragg stated the key characteristics of a record setting recycling program, the EPA recommends 5 different characteristics and we have 3 of them here in Grand Forks, we compost our yard trimmings, target a wide range of materials that we can recycle and we design programs for convenience, pick up at the curb side and can mix your recycling; but the 2 pieces we are missing according to this EPA recommendation is that we should require resident participation by an ordinance, and we should have some economic incentives, like pay as you throw, East Grand Forks has that kind of a program and most of the major cities in Mn have that program which provides an incentive, buy bags at a cost and the less you put out as garbage the less you pay for your garbage removal.