Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 3, 2006
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, January 3, 2006 at the hour of 7:00 o’clock p.m. with Mayor Brown. Present at roll call were Council Members Brooks, Hamerlik (teleconference), Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.
Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.
Webelos 1 Cub Scouts from Pack 166 from Kelly School, Norm Enerson, den leader, led the council in the pledge of allegiance to the flag.
Mayor Brown commented on various events during the past week and upcoming events:
He wished everyone a happy new year; and that he has high hopes for 2006 in where this community is going, and hoped everyone had a fun and safe First Night at New Year's Eve, that there was a great line of entertainment this year and attendance better than last year; thanks to the community for support of this event and especially the organizers, volunteers and sponsors that made it possible.
He stated that he and council members received numbers of concerned calls and e-mails about snowmobiles in areas where not allowed, this is safety concern for residents and neighborhoods and need to address them, that the police department has committed two community service officers to patrol the greenway and will continue to crack down on people driving in residential areas.
Tomorrow the City has a chance to thank Lt. Eggebraaten for 31.5 years of service with the police department, ceremony at noon at the police department, and encouraged everyone to go and say thank you to him.
MONTHLY FLOOD PROTECTION UPDATE
Melanie Parvey-Biby, greenway coordinator, presented 2005 year-end report on the greenway and accomplishments and plans for 2006: that construction on the north end pedestrian bridge started last fall, and south end pedestrian bridge was completed; new trails opening up as result of construction of Phase II of the flood protection project and open in 2006; the addition of boat ramps on the Red River and Red Lake River and interpretive plaques that will be put in the greenway to highlight our community's rich culture and history; that both cities are looking at putting up a permanent gate system for unwanted motorized vehicle traffic, and as installed it would allow pedestrian traffic and could be removed if the Cities chose to do so.
There were several enhancements in the Community Green area where labyrinth constructed by Park District and the City of Grand Forks and funded through greenway betterment project; and an irrigation system will be completed early in 2006. The MPO produces a bike map each year and new trails will be listed on the map. River access to the Red River has been increased as 3 new boat ramps have been constructed in this past year. They want to continue to look at addressing ordinances that will support user rules and regulations, developing plans for final phase of cleanup, continue implementing the Forest Resource Management Plan, look at the dog park to see whether viable for our community, look at directional signage, develop trail maps, continue to work with technical committee on number of issues and coordinating with all of the different greenway groups to do things effectively and efficiently.
Al Grasser, city engineer, reported that under FEMA floodplain mapping issue, they made application to FEMA last week for the letter of map revision which is part of the technical process when going through remapping.
Council Member Gershman stated that next year they are going to be substantially complete with the dike, whether we should approach the federal government for certification in 2006 rather than wait until 2007, where they will be doing landscaping and this will allow some people to get rid of their flood insurance right away, and would recommend that staff began immediately with the Congressional delegation and federal government to push for that certification because we are not going to flood now, and certainly by the end of next year we won't, and that if mayor and council agree that we move forward with that.
Mr. Grasser stated when they met with the federal representatives the quickest process would be to go through the letter of map amendment application process and that is what they are starting now, they can't certify it until the project is essentially functional and that will take until the end of 2006.
A short video was presented.
Council Member Gershman stated the video showed kids sledding on the dike on Belmont and suggested paving an area for parking next year and asked if there was some way they could temporarily put in lighting to allow sledding later into the evening. Mr. Grasser stated they would talk with NSP about getting something there.
ADOPT ORDINANCE NO. 4111, RELATING TO DEFINITION
OF A "BAR" AS RELATES TO SMOKING IN PUBLIC PLACES
AND PLACES OF EMPLOYMENT
An ordinance entitled "An ordinance amending Section 13-1102(1) of the Grand Forks City Code regarding relating to the definition of a "bar" as it relates to smoking in public places and places of employment", which was introduced and passed on its first reading on November 7, 2005, was presented and read for consideration on second reading.
The city auditor reported that there were no protests or grievances filed with his office; and Mayor Brown asked if there were any comments, there were no comments and the hearing was closed.
Council Member Gershman asked to be recused from voting on this item, and it was so moved by Council Members Kreun and Kerian. Carried 6 vote affirmative.
Upon call for the question of adoption of the ordinance and upon voice vote, the following voted "aye": Council Members Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": Council Member Brooks - 1; Council Member Gershman recused. Mayor Brown declared the ordinance adopted.
ADOPT RESOLUTION VACATING RIVER STREET
LYING SOUTH OF BLOCKS 2 AND 3 IN IDDINGS ADDITION
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate all of River Street lying south of Blocks 2 and 3 as shown on the plat of Iddings Addition, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with the auditor's office.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
It was moved by Council Member Gershman and seconded by Council Member Kreun that we find and determine an insufficiency of protest to the proposed vacation, that the resolution be introduced and read: Document No. 8789 - Resolution; and that the resolution be adopted.
ADOPT ORDINANCE NO. 4112, RE. AUTHORITY TO
ENFORCE ORDINANCES
An ordinance entitled "An ordinance adopting Section 5-0108 of the Grand Forks City Code relating to authority to enforce ordinances", which had been introduced and passed on its first reading on December 19, 2005, was presented and read for consideration on second reading and final passage.
The city auditor reported that there were no protests or grievances filed with his office; and Mayor Brown asked if there were any comments, there were no comments and the hearing was closed.
Upon call for the question of adoption of the ordinance and upon voice vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4113, AMENDING SECTIONS
9-0110 AND 9-0503 OF THE GRAND FORKS CITY CODE
RELATING TO NOISY PARTY OR GATHERING AND
PENALTIES, FEES OR FINES
An ordinance entitled "An ordinance amending Sections 9-0110 and 9-0503 of the Grand Forks City Code relating to noisy party or gathering and penalties, fees or fines", which had been introduced and passed on its first reading on December 19, 2005, was presented and read for consideration on second reading and final passage.
The city auditor reported that there were no protests or grievances filed with his office; and Mayor Brown asked if there were any comments, there were no comments and the hearing was closed.
Upon call for the question of adoption of the ordinance and upon voice vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
CONTINUE SECOND READING OF ORDINANCE
AMENDING SECTIONS 8-0801(1)(O) 8-1503(12) OF THE
GRAND FORKS CITY CODE RELATING TO PENALTIES
FOR SPECIFIED OFFENSES
An ordinance entitled "An ordinance adopting Section 8-0801(1)(O) of the Grand Forks City Code relating to parking prohibitions in front yard and amending Section 8-1503(12) of the Grand Forks City Code relating to penalties for specified offenses", which had been introduced and passed on its first reading on December 19, 2005, was presented and read for consideration on second reading.
The city auditor reported that there were no protests or grievances filed with his office; and Mayor Brown asked if there were any comments.
Schurkey Swanke, 1506 South 15th Street, stated he understands this ordinance would apply city-wide and not just to the neighborhood that seems to be requesting it. Mr. Swanson reported that the only change in this ordinance is to allow the police department to issue tickets and no substantive change in this ordinance and is going to ask the council to consider tabling this because the substantive portion behind this ordinance is a change in Chapter 18 which is for the Planning and Zoning Commission, and will not be back before council until your next council meeting, and this ordinance should follow the adoption on the Chapter 18 amendments.
Mayor Brown closed the public hearing.
Council Member Christensen moved to table consideration of this ordinance until January 17, 2006; Council Member Gershman seconded the motion. Carried 7 votes affirmative.
ADOPT ORDINANCE NO. 4114, ENACTING ARTICLE 6
OF CHAPTER XXI OF THE CITY CODE RELATING TO
RESIDENTIAL RENTAL LICENSES
An ordinance entitled "An ordinance enacting Article 6 of Chapter XXI of the Grand Forks City Code relating to residential rental licenses", which had been introduced and passed on its first reading on December 19, 2005, was presented and read for consideration on second reading and final passage.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Howard Swanson, city attorney, reported he had distributed a draft dated December 22, 2005, and that draft incorporated all of the changes that were considered at the meeting where you introduced the ordinance and in addition did find some inconsistencies with the use of the term occupant and tenant and has corrected those, that the one issue that does remain to be addressed is the effective date of the ordinance, that is open as to whether or not you wish to identify a particular date that ordinance would be effective, and related to that would be whatever change or proration of fees depending upon the effective date of the ordinance; and that the ordinance is before you for final approval with all the changes recommended by council
Council Member Gershman presented the matter of exempting owner-occupied property, that this was started because of loud parties, too many people in an apartment, unruly behavior and too many cars, and that owner-occupants, people who own a home and rent out a portion don't bring those kinds of problems to the table and moved approval of the ordinance with the addition of an exemption for owner-occupied property. Council Member Kerian seconded the motion.
Bev Collings, Inspections, stated definition of owner-occupied would be that the owner would be living in one of the units and renting out one or several, that they do not consider it owner-occupied if the unit they are living in and rent out a room in the same unit, and then becomes rental, but don't need a certificate of occupancy if it is purely owner-occupied. Mr. Swanson stated the penalty section is Section 21-0617 which would render that individual liable to a fine not to exceed $500.00.
Council Member Hamerlik stated various concerns and that license should be across the board to protect people from safety hazards, etc. and urged council to vote against the motion.
Cameron Stewart stated he owns property about a block away from the University and has occasionally rented rooms, and what if people lived upstairs with the owner. Ms. Collings stated that if the tenant were not your family, that is still rental because you still have to safeguard those individuals by a certificate of occupancy; a blood relative would not be considered a tenant.
Council Member Glassheim stated he has been interested in exempting basement rentals from R-1 zoning requirements so that people can buy a house and rent out the basement, this only exempts you from the license and if there is some way in which they could allow an owner/occupant in an R-1 zone to rent their basement. Mr. Swanson stated it would require amendments to zoning code, R-1 District, not permissible presently and policy decision for council to address.
Council Member Gershman stated he is going to vote against the entire motion, doesn't think we should have licensing, that we can accomplish what we want to do by getting the information by rewriting our certificate of occupancy and that will allow people to have owner/occupied, could do that and that there are a lot of people in this town who have trouble making ends meet and where they have had the highest property tax increase and many on fixed incomes and got the biggest hit on our assessments, and voting against it.
Andrew Yates, 420 Burdick Court, asked where is the license fee money to go, and that it is the tenants who should pay the fee and not the landowner; it was noted that the money will go into the General Fund of the City.
Council Member Christensen stated this is a method of gathering information, but the debate has clarified is that if you are going to rent your basement you need a certificate of occupancy, but forms paralleled these forms so could cross check it, the $20.00 will be passed on to his tenants, but reminded that it is $20.00 year and is not an onerous fee, and go with approving of the ordinance - we have to be aware of the setback requirements that exist for R-2 vs. R-1 so we don't mess up the rights of the people that live in this R-2 area that we are going to rezone to R-1 so that they can continue to use their property as it was designed with the exception you only get to have 4 people in it until such time as you change its use.
Council Member Kreun called for the question, seconded by Council Member Christensen, and upon voice vote the motion carried 6 to 1, with Council Member Glassheim voting against the call for the question.
Mr. Swanson stated the council has already introduced the ordinance, but before you can adopt the ordinance with a change you have to amend what you have introduced and this will be treated as an amendment and if passes you then vote on ordinance as amended, and if fails you would need a motion to do whatever action you want to take after that. The amendment essentially is to create an exemption for owner/occupied premises and that would include an amendment to the definition section to define owner/occupied and an amendment to the exemption portion.
Upon call for the question on the amendment and upon voice vote, the following voted "aye": Council Member Gershman - 1; voting "nay": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6. Mayor Brown declared the motion failed.
Council Member Christensen moved to approve the ordinance with the following amendment, that paragraph 21-0605, item (J) be deleted. Council Member Brooks seconded the motion.
After considerable discussion and upon call for the question of the amendment to delete subsection J in section 21-0605, and upon voice vote the following voted "aye": Council Members Christensen, Kerian, Kreun, Brooks - 4; voting "nay": Council Members Gershman, Hamerlik Glassheim - 3. Mayor Brown declared the motion carried.
It was moved by Council Member Christensen to approve the ordinance as amended and to add an effective date of March 1, 2006. Council Member Hamerlik seconded the motion.
Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Brooks Hamerlik, Glassheim, Christensen, Kerian, Kreun - 6; voting "nay": Council Member Gershman - 1. Mayor Brown declared the ordinance adopted.
AUTHORIZE ADDITIONAL FUNDING FOR SPLASH PARK
PROJECT IN UNIVERSITY PARK
The staff report from Mayor Brown relating to the Grand Forks Park District funding request for the splash park in University Park, with recommendation to authorize additional funding of $21,095.00 to fund the complete cost of the splash park project in University Park per request of Grand Forks Park District.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon voice vote the motion carried 7 votes affirmative.
APPROVE USE OF EXCESS SALES TAX DOLLARS FOR
AIR BASE RETENTION RELATED EXPENSES
The staff report from the finance department relating to use of excess sales tax dollars for Air Base retention related expenses in the amount of $70,155.00, with recommendation to approve the budget amendment.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Upon voice vote the motion carried 7 votes affirmative.
APPROVE PLEDGED COLLATERAL REPORT
The staff report from the finance department relating to pledged collateral report, with recommendation to approve the pledged security report.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE PROJECT CONCEPT REPORT FOR PROJECT
NO. 5849, 2006 TE SHARED USE PATH
The staff report from the engineering department relating to Project No. 5849, 2006 TE Shared Use Path, North 55th Street and University Avenue, with recommendation to approve Project Concept Report for Project No. 5849, and select Alternative #2, Base Project.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
ACCEPT ENGINEER'S REPORT AND ADOPT RESOLUTION
OF NECESSITY FOR PROJECT NO. 5702, PAVING DISTRICT
NO. 607
The staff report from the engineering department relating to engineer's report for Project No. 5702, paving 40th Avenue South from South 20th Street to Reummele Road, 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 for Project No. 5702, District No. 607, paving 40th Avenue South from South 20th Street to Reummele Road.
The city auditor presented and read the engineer's report on Paving Project No. 5702, District No. 607: Document No. 8790 - Report.
Council Member Christensen introduced the following resolution of necessity which was presented and read: Document No. 8791 - Resolution.
It was moved by Council Member Christensen and seconded by Council Member Kreun that the recommendation be approved and that the engineer['s report and the resolution of necessity for Paving Project No. 5702, District No. 607, be accepted and adopted. Upon roll call the following voted "aye":
Council members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried.
APPROVE PURCHASE OF MOSQUITO CONTROL PRODUCTS
The staff report from the health department relating to mosquito control 2006 bid recommendations, with recommendation to approve purchase of mosquito control products and building lease, subject to negotiations to purchase mosquito control building.
Council Member Gershman stated that the City could probably build a building for less money than this, put it on city land, and not take a commercial building out of tax rolls, and moved approval of the recommendation with the exception of holding the building lease bid. Council Member Christensen seconded the motion.
Council Member Christensen stated he would like more time to study the construction of a building on city-owned ground for substantially less money in the long run, and that issues be addressed by Council Member Kreun, Mr. Shields and Mr. Feland and to come back with a recommendation.
Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
ACCEPT VEHICLE BIDS FOR POLICE DEPARTMENT
The staff report from the police department relating to request to accept vehicle bids, with recommendation that council approve vehicle bids of Hansen Ford for five police vehicles at a unit price of $21,443.00 or total of $107,215.00, with trade-in allowance of the five vehicles of $25,655.00 for net price for the five Ford Crown Victorias of $81,560.00.
It was moved by Council Member Hamerlik to purchase five vehicles with trade in of low bid of Rydell Auto Center, Inc. in the amount of $73,997.60. Council Member Brooks seconded the motion.
Council Member Hamerlik called for the question, and the following voted in favor of calling the question: Council Members Brooks, Hamerlik - 2; voting "nay": Council Members Glassheim, Gershman, Christensen, Kerian, Kreun - 5. Mayor Brown declared that the motion failed.
Council Member Christensen asked to be recused from voting on this matter, and it was so moved by Council Members Kerian and Kreun. Carried 6 votes affirmative.
Chief Packett stated that when they did specs. on police squad cars they were specific as to requirements, primarily based on electrical systems, cubic feet required for equipment and in fairness to vendors changed the wording from required to preferred this year hoping to get more bids on the vehicles. He stated the request and recommendation from staff is to take the bid for the Fords based on the cubic feet requirements.
Mr. Swanson stated he is not aware of any error or deficiency in the bid specs., you have a minimum mandatory bid specification that all vehicles have to meet and then you have identified a preferred option, that you may select the preferred option if you can articulate the basis for doing so. The law in North Dakota is that if you select something other than the low bid you must have an articulable rational basis for doing so.
After further discussion and upon call for the question and upon voice vote, the following voted "aye": Council Members Brooks, Hamerlik - 2; voting "nay": Council Members Glassheim, Gershman, Kerian, Kreun - 4; Council Member Christensen recused. Mayor Brown declared the motion failed.
It was moved by Council Member Kerian for approval of the vehicle bids as recommended in the staff report for the following reasons that the Ford Crown Victoria meets the preferred specifications for vehicle interior space, cargo capacity, wheelbase, space between the front seat and drive train. Council Member Kreun seconded the motion. Upon roll call vote, the following voted "aye": Council Members Hamerlik, Glassheim, Gershman, Kerian, Kreun - 6; voting "nay": Council Member Brooks - 1; Council Member Christensen recused. Mayor Brown declared the motion carried.
APPROVE BUDGET AMENDMENT - WATER UTILITY
The staff report from superintendent of water utility relating to budget amendment water utility, with recommendation to consolidate budget for security fencing project to facilitate tracking of the project by the finance department ($370,276.74)
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE CHEMICAL BID FOR WATER TREATMENT
PLANT
The staff report from the superintendent of water utility relating to 2006 polyphosphate bid for water treatment plant, with recommendation to approve recommended bid for polyphosphate as follows: Calciquest at $1,130 per ton or $.565 per pound.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE RENAISSANCE ZONE PROJECT GF-40
The staff report from the urban development office relating to Grand Forks Renaissance Zone Project GF-40 (for St. John's Block Partnership, LLC), with recommendation to approve Project GF-40 and authorize staff to submit the project to the North Dakota Department of Commerce, Division of Community Services for action.
It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment Listing No. 06-01, dated December 30, 2005, totaling $1,185,728.28, and Estimate Summary in the amount of $1,201,320.17, were presented and read.
It was moved by Council Member Kerian and seconded by Council Member Kreun that these bills and estimates be approved 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, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
MAYOR AND COUNCIL COMMENTS
1) Council Member Brooks asked if the mayor with staff assistance could put together the background related to the Airport Authority in terms of current structure as it relates to the City, the County and Airport Authority, and that 3 years ago a vote regarding a change in the liaison positions, and have by March committee of the whole.
He also stated he would like to see council's input, that each council member list what they consider their top 7 issues for 2006 and run them through the mayor's office and share information with each of them.
2) Council Member Glassheim stated some time ago the council adopted a resolution on gaming which gave very provincial interest in gaming and hoped to have more information, very concerned that we have information coming from one side of this, but not sure the City is gathering any of its own information to protect its citizens. The Tribe has entered into a development agreement, met with charitable organizations, engaged a law firm with contacts in Washington, engaged a law firm from Seattle, they have a design team, they are opening a development office in Grand Forks and retained public relations and media services to answer questions and try to sell the project; and he is curious what department of the city is gathering information as to the potential negative consequences of such a casino so that when one side comes through with their information, we will have some information to counter them or at least to have a balanced presentation.
Mayor Brown stated he has received e-mails from citizen focus groups regarding that information.
5) Council Member Christensen joined in Mr. Brooks' request for council to come up with a list of top 7 ideas and if as a group collate them, what can get done, and maybe time for mayor/council sessions again where they entertain those ideas. He stated re. Mr. Glassheim's suggestion, they have a report from the Tribe and perhaps discuss at another mayor/council working session that whatever comes has to go to a vote of the people; and important for council and citizens to understand what happens in a community that allows a certain section of the community to become tribal ground, what are consequences and what are long term consequences. He stated he had suggested that we hire an attorney and if should be doing that so we have our own counsel to assist us with these issues. He stated we have 2 issues to speak of at mayor/council planning sessions.
6) Council Member Kerian stated we are in the new method for senior rider and dial-a-ride transportation and they wanted to accomplish with that was improve service for seniors, more availability and we are now in partnership with a private entity in doing that, and need to monitor that, Mr. Feland has stated that he would give us a report to let us know how that is going. We recognize that this is a change and want to know that we are moving in the right direction.
7) Council Member Kreun stated re. concern about the casino, lets not spend any money on it until we get a proposal, they haven't made a proposal and that when they do then take a good look at it and at what needs to be done and see what pros and cons will be, wait until that happens.
8) Council Member Gershman stated planning sessions will start next Wednesday, and council will be getting notices on that, Wednesdays at 5:00 p.m. He stated relating to the casino, that he is interested in an honest dialogue in this community, not interested in hyperbole on the pro or con side, but interested in getting the information as accurately as we can, what has happened in communities, what has been positive and what has been negative about it, and then put that to a vote of the public; wait and if a proposal comes forward and have a very rational discussion in this community about the pros and cons and then public can make up their minds.
Council Member Glassheim stated that if one side is spending a lot of money to present their side, who will present another side and that is the issue and if don't start now in gathering this neutral information, how will we be able to help citizens make an informed choice, who is going to speak for an informed choice on the negative side when we know we're going to have very powerful forces with a lot of money speaking on the plus side. Council Member Gershman stated there is a group meeting tonight, Mr. Hjelmstad with his group, and they are going to oppose this so there is a group that is going to be putting out the negative reasons for a casino in our city.
ADJOURN
It was moved by Council Member Brooks and seconded by Council Member Kreun that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
_____________________________________
Michael R. Brown, Mayor