Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 6, 2006

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Thursday, July 6, 2006 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara (teleconference), Glassheim, Christensen, Bakken, Kreun - 6; absent: Council Member Gershman - 1.

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.

Girl Scout Troop 818 led the council in the pledge of allegiance to the flag.

Mayor Brown commented on various events during the past week and upcoming events:

Members of the Sertoma Club made a brief presentation to the council: Kathy Benda and Ted Black, represented Sertoma Club on the 4th of July Festival, that it was a tremendous success and thanked council for their support and also financial support; they thanked police, fire, urban development, information center, greenway, etc. and Empire Theatre, North Valley Arts Council and East Grand Forks; and that they couldn't do it without the support of the City.

Farmers Market is being held on Saturday mornings from 9:00 a.m. to 2:00 p.m. until September 30.
He thanked citizens who called, mailed or e-mailed their concerns or recommendations to the mayor's office, that he likes hearing from them, visiting with them to experience issues first hand and asked that a contact name and number be included so he can follow up directly.
He welcomed the new council members and other members.

MONTHLY FLOOD PROTECTION PROJECT UPDATE

Al Grasser, city engineer, reported the only comments are that they are making good progress on project, weather has been cooperating for construction, although a little concerned with the dry weather as have had some seeding done this spring that is being little stressed. A short video was shown.

ADOPT RESOLUTION TO VACATE PORTION OF SOUTH
50TH STREET AND ADJACENT UTILITY EASEMENT AND
ROADWAY EASEMENT IN CONCRETE, INC. ADDITION.

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a portion of South 50th Street and adjacent utility easement and roadway easement for an intended cul-de-sac as shown on the Concrete, Inc. 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 his office.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

Council Member Kreun moved that we find and determine an insufficiency of protest to the proposed vacation, and introduced the following resolution which was presented and read: Document No. 8944 - Resolution

It was moved by Council Member Kreun and seconded by Council Member Brooks that the motion be approved and the resolution adopted. Carried 6 votes affirmative.

ADOPT RDSOLUTION VACATING 47TH AVENUE
SOUTH R/W FROM 125 FT. EAST OF LOAMY HILLS
DRIVE TO THE RED RIVER OF THE NORTH

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate 47th Avenue South right of way from 125 feet east of Loamy Hills Drive to the Red River of the North located between Sunbeam Addition and River Oaks 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 his office.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

Council Member Kreun moved that we find and determine an insufficiency of protest to the proposed vacation, and introduced the following resolution which was presented and read: Document No. 8945 - Resolution

It was moved by Council Member Kreun and seconded by Council Member Brooks that the motion be approved and the resolution adopted. Carried 6 votes affirmative.

ADOPT RESOLUTION TO VACATE UTILITY EASEMENT
ADJACENT TO LOTS 2, 8 AND A, BLOCK 1, BROWN'S
ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the utility easement adjacent to Lots 2, 8 and A, Block 1, Brown's Addition, located in the 2800 block of Belmont Road, 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 his office.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

Council Member Christensen moved that we find and determine an insufficiency of protest to the proposed vacation, and introduced the following resolution which was presented and read: Document No. 8946 - Resolution

It was moved by Council Member Christensen and seconded by Council Member Kreun that the motion be approved and the resolution adopted. Carried 6 votes affirmative.

TABLE SECOND READING OF ORDINANCE REQUIRING An ordinance entitled "An ordinance enacting Sections -- through -- of the Grand Forks City Code requiring mandatory alcohol server training", which had been introduced and passed on its first reading on June 5, 2006, was presented and read for consideration on second reading.

Mayor Brown opened the public hearing.

Council Member Kreun reported that several people indicated that they wanted to address this issue and rather than going through all of the issues on any conditions, could table the ordinance and refer it to the service/safety standby committee for discussion.

Bill Vasicek, 1415 Walnut Street, community safety coordinator, stated he was part of the Mayor's Alcohol Task Force, that they spoke with some of the owners of liquor establishments and that they do have a lot of concerns and wanted to be heard, but that if they table this ordinance would like to see it come back before council in 30 days.

Dorette Kerian, 3319 Primrose Court, stated they did spend some time working on this and asked if they could raise the issues for which it is being tabled so people would know the issues are so they could prepare better.

Mike McMenamy, 1819 Cottonwood Street, stated on behalf of the bar owners in Grand Forks that they are putting their organization back together, to be known as Greater Grand Forks Hospitality Association, that it has always existed but hasn't been meeting for the last 10 to 12 years and are currently reorganizing so they can start addressing issues that have affected their industry. That they have many issues and concerns relating to the server training ordinance and also have some ideas of their own about how to address the underage drinking problem; that none of them want to jeopardize their license or livelihood by serving a minor. One of their issues that they want to stress is minimum fines to a minor, that if catch on the premises want to turn them in to the police and to make sure they know that there are consequences involved in this. He stated there is going to be a cost issue with the server training, that there are between 600 to 1,000 employees and that they do have a high turnover rate. He noted that they think this is a good idea but also want to bring up their points and concerns.

Council Member Christensen stated that some staff members at police department have suggested that there are going to be some costs that the police department will occur to administer this testing and would appreciate as part of the process that they get an estimate as to estimated costs; have had some discussion as to whether this prevents binge drinking and that he doesn't believe that having an individual in your bar carding somebody is going to stop binge drinking in a social setting out of a bar and that is another issue. He noted that the ND Supreme Court is reviewing statutes and entire process to see if it is entrapment. He asked that the committee try to figure out some way to measure if an ordinance like this will have the intended effect that the proponents thereof are saying it will cause.

Council Member Bakken stated he had a concern on the funding and that if the intent of it is to train people not to let minors into the bar is not a bad thing, but to stop binge drinking, probably not going to succeed, but look at it as far as cost and regulations for safety and perhaps can work something out that is meaningful and would like to look at it a little further.

Mr. Vasicek stated they have server training now and have been conducting server training classes for several years and currently only 30% of the establishments send employees and are trying to reach the other 60% and the major goal of the task force was to address the underage drinking problem in our community and are willing to work to tackle that problem. Mr. McMenamy suggested that if the server training is approved will have to open it up to accommodate people as currently class is only open to 25 people, and this is another cost issue.

Mayor Brown closed the public hearing.

Council Member Kreun moved to table this matter until the committee of the whole meeting on August 14, 2006. Council Member Glassheim seconded the motion. Carried 6 votes affirmative.

ADOPT ORDINANCE NO. 4147, RELATING TO
RESIDENTIAL RENTAL LICENSES

An ordinance entitled "An ordinance amending Sections 21-0605, 21-0606, 21-0608, 21-0610 and 21-0611 of the Grand Forks City Code relating to residential rental licenses", which had been introduced and passed on its first reading on June 5, 2006, and which was presented and read for consideration on second reading and final passage.

Mayor Brown opened the public hearing.

Howard Swanson, city attorney, reported he had distributed to council members the ordinance with the changes as follows: elimination of any inquiries on the application with respect to criminal offenses or criminal records; modification of the requirement that a local property manager now live within 60 miles of the Grand Forks city limits as opposed to within Grand Forks County or Polk County; minor language change with respect to license term and no change in substance; eliminations on the basis for violations to eliminate references to disorderly conduct, resisting arrest, and that because they had changed some of the code numbers, added in new code sections but no substantive changes. The other change of substance is that the time period now for the third strike is reduced to within a 24-month period, and no other changes were recommended at the first reading and ordinance is appropriate for consideration.

Mayor Brown closed the public hearing.

Council Member Bakken stated he is uncomfortable with this and suggested that in 6 to 9 months they review this to see if this is doing what it should be, that he has trouble making other people responsible for people who are adults and with imposing a lot of government on private enterprise.

Council Member Glassheim stated they were at this for year to year and a half and didn't find anything better, private enterprise concerned everybody and yet when private enterprise is involved with things which are hurting other people that's when government sometimes steps in and they were finding some of that in residents who have no control other than government to help or protect them from things that were going on, if they are damaging the neighborhood are likely to be damaging property as well and gives more control to landlords. He stated that every ordinance is always open to be looked at again, give it a year or so and will hear from people if not working well and look at it again.

Council Member Kreun stated one of the things we were worried about in the rezoning was the setbacks for R-1 and R-2 and that passed Planning and Zoning this evening and that will be coming to the council later and that is one of the indications that the owners had as a concern.

Upon call for the question by Council Members Brooks and Glassheim and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4148, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE PLAT OF HOMESTEAD
GROVE SECOND 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 Homestead Grove Second Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on May 15, 2006 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

Council Member Christensen asked that a sign be placed on the subdivision area showing where single family area as well as where multi-family units would be located and would like the ordinance approved with the sign showing the layout of the lots.

Upon call for the question by Council Members Christensen and Kreun and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
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ADOPT ORDINANCE NO. 4149, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W
SHOWN AS DEDICATED ON THE REPLATS IN BLOCKS
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 Replat of Lot 4, Block 2; Lot 1, Block 3; Block 4; Lots 1 and 2, Block 5; Lots 1 and 2, Block 6; Lot 1, Block 9; and Lots 1 and 2, Block 10, Campbell Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 17, 2006, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

Upon call for the question by Council Members Kreun and Brooks and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4150, RELATING TO
INSTALLATION, ALTERATION OR REPAIR OF ANY SEWER
AND WATER SERVICE

An ordinance entitled "An ordinance amending section 19-0325 of the grand Forks City Code relating to the adoption of the North Dakota Sewer and Water Service Code, an ordinance related to the installation, alteration or repair of any sewer and water service" which had been introduced and passed on its first reading on June 5, 2006 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 no protests or grievances had been filed with his office.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

Upon call for the question by Council Members Kreun and Brooks and upon roll call vote, the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO COMMERCIAL AND
RESIDENTIAL BUILDINGS

The staff report from the city assessor relating to applications for exemption of remodeling improvements to commercial and residential buildings: 1010 North 5th Street; 1314 8th Avenue North; and 810 South 48th Street; with recommendation to grant exemptions for increased value for 3 years.

It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

RECEIVE TABULATION OF BIDS, ESTIMATES OF TOTAL
COST AND AWARD CONTRACT, WATERMAIN PROJECT
NO. 5968, DISTRICT NO. 291

The city auditor presented and read tabulation of bids which had been received and opened on June 28, 2006 for Watermain Project No. 5968, District No. 291, watermain on 40th Avenue South from South Washington Street to South 16th Street, indicating that United Crane and Excavation, Inc. was the low bidder based upon their bid in the amount of $75,436.00: Document No. 8947 - Bid Tabulation.

The city engineer's estimate of total cost for City's share for Project No. 5968, District No. 291, in the amount of $62,150.00, was presented and read.

The staff report from the engineering department relating to consideration of bids for Project No. 5968, Watermain District No. 291, watermain on 40th Avenue South (South Washington Street to South 16th Street), with recommendation to award contract to low bidder, United Crane and Excavation, Inc. in the amount of $75,436.00.

It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved and the resolution awarding the contract to United Crane and Excavation, Inc. was presented and read: Document No. 8948 - Resolution. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the resolution adopted and the contract awarded.

APPROVE 2006 SPECIAL ROAD FUND APPLICATION FOR
LINCOLN DRIVE ROAD IMPROVEMENTS

The staff report from engineering department relating to Lincoln Drive road improvements, with recommendation to approve the 2006 Special Road Fund application for assistance in funding improvements to Lincoln Drive road.

It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.

APPROVE ENGINEERING SERVICES AGREEMENT FOR
PROJECT NO. 5993, PERIMETER DRAINAGE STUDY

The staff report from the engineering department relating to engineering services agreement for Project No. 5993, Grand Forks City Perimeter Drainage Study, with recommendation to approve agreement with CPS for engineering services in the amount of $100,000.00 for Project No. 5993.

It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

AWARD CONTRACT TO MICROWAVE DATA SYSTEM FOR
PROJECT NO. 4648.8, WATER SYSTEM IMPROVEMENTS

The staff report from Information Systems relating to consideration of bid for Project No. 4648.8, Water System Improvements, Bid Package 3, Broadband Backbone Interconnect and Wireless Mobile Data System, with recommendation to award bid and contract to Microwave Data Systems (MDS) for a not to exceed bid amount for equipment and installation of individual locations in the estimated amount of $418,558.00.

It was moved by Council Member Brooks and seconded by Council Member Kreun that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 06-13, dated June 30, 2006, totaling $674,679.93 and Estimate Summary in the amount of $1,361,770.77, were presented and read.

It was moved by Council Member Brooks and seconded by Council Member Bakken that these bills be approved and the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES
Typewritten copies of the minutes of the city council meetings held on May 15, 2006; June 5, 2006; special session on June 12, 2006; June 19, 2006; June 27, 2006 and organizational meeting on June 27, 2006, were presented and read.

It was moved by Council Member Brooks and seconded by Council Member Kreun that these minutes be approved as read. Carried 6 votes affirmative.

MAYOR AND COUNCIL COMMENTS

1) Council Member McNamara thanked people of Ward 2 and thanked fellow council members and staff to accommodate him.

2) Council Member Christensen stated he would like the Mayor to schedule a work session for the council so that they could have a briefing on the status of the Defined Benefit Plan, that he read the financial statement put out for 2004 where there is detail on our pension plan and some of the issues we have and thinks it would be appropriate for the council to be briefed. He stated he would like the report from the pension committee and to discuss this because he thinks it is more apparent than ever that we have several issues going on: that we have 25% of our work force retiring within the next 10 years because we have to fund their pensions, and that we have some catch-up to do and that is going to fit into our capital improvement project budgeting. He stated with those two issues for the next 2 to 4 years will have concerns trying to figure out how to fund capital improvements and how to pick up the shortfall on the pension and how to maintain our commitment to the employees to keep up with inflation as far as their salaries and benefits; that interest rates are rising and obvious that in the next 18-36 months will be lot difference in costs of energy and issue of taxes are going to start moving through the sector and going to have to work together as a team to figure out how to meet these needs. He stated we have a resolution of 6.5 mill reduction and if can't meet it, then get on it and figure out what is important to us

3) Council Member Bakken stated that property taxes are concern and has some ideas that he will discuss with the Mayor and some of the other council members and will forward at committee of the whole for discussion. He stated that capital improvement projects are a concern, that the mayor brought up a 6-year plan and thinks that is ideal and will need the department heads to figure out a capital improvement budget for 6 years and would like to see them go to a 10-year plan; that there are a lot of things coming up that we are going to have to fund and if don't plan for it, will have major problems coming, street repairs are a need as well as a lot of other things we need to look into and work on, and is looking forward to it.

4) Council Member Kreun set the service/safety standby committee on July 18 of this month at 5:00 p.m. with notification to Mike McMenamy, Bill Vasicek, Tom Volk and Dorette Kerian.

He stated he was involved in a very unfortunate event this past week and commended police and fire departments for their performance, very professional, very patience and understanding, and thanked them.

ADJOURN

It was moved by Council Member Brooks and seconded by Council Member Glassheim that we adjourn. Carried 6 votes affirmative.


Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
______________________________________
Michael R. Brown, Mayor