Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 6, 2010
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, December 6, 2010 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, Grandstrand, Glassheim (teleconference), Gershman, Christensen, Kreun (teleconference) - 6; absent: Council Member Sande - 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.
Members of classes of St. Michael's School led the council in the pledge of allegiance to the flag, Mrs. Schuster, teacher.
Mayor Brown commented on various items during the past week and upcoming events:
City calendars going out later this week, and thanks to Public Information.
Thank you to St. Mark's Church for inviting him to the wonderful Thanksgiving celebration they held for 74 immigrant families and 74 church member families and demonstrating the true spirit of Thanksgiving in the community.
Thank you to Slumberland, Wal-Mart and all the other partners in this morning's bed give-away - this year was success with 44 beds going to 29 families. Firefighters Local 1099, RBB Electric, Applegren Construction, Lumber Mart, Prairie Harvest, Deitz Business, Whalen's Moving and Storage all helped with the assembly and delivery of the beds. Thanks to Wal-Mart for grant which made money available to each family and thanks to organizations and churches that made beds and bedding accessories available
There are training sessions made available to the Grand Forks Immigration Initiative and the National League of Cities provided by representative of National Center for Missing and Exploited Children and is free and open to the public.
Reminder that the Joint City/County/Parks/School meeting with local legislators is next week and hosted by the Youth Commission on Saturday, December 18, at 12:00 in Lincoln Drive Park warming house. This is being organized by the Youth Commission in a way to celebrate Grand Forks' recognition as one of the 100 Best Communities for Young People.
Reminder to everyone that this is national vaccination week and that everyone should be getting their flu shots.
ADOPT RESOLUTION VACATING PERPETUAL R/W
EASEMENT LOCATED AT 2ND AVENUE NORTH AND
NORTH 5TH STREET
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate perpetual right of way easement located at 2nd Avenue North adjacent to Lot 12, Block 14 and Lot 2, Block 19, Town of Grand Forks, North Dakota, described as that part of 2nd Avenue North (formerly International Avenue) lying southeasterly of the southeasterly line of Lot 12, Block 14 and northwesterly of the northwesterly line of Lot 2, Block 19, Town of Grand Forks North Dakota according to the plat thereof on file and of record in the office of the County Recorder, Grand Forks County North Dakota, 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 Bjerke and seconded by Council Member Grandstrand that we find and determine an insufficiency of protest to the proposed vacation, and introduced and adopted the following resolution which was presented and read: Document No. 9307 - Resolution. Carried 6 votes affirmative.
ADOPT RESOLUTION VACATING PART OF 1ST AVENUE
NORTH BETEWEEN NORTH 4TH STREET AND NORTH 5TH
STREET
The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate a part of 1st Avenue North between North 4th Street and North 5th Street described as the northwesterly 40.00 feet of 1st Avenue North (formerly Alpha Avenue) lying southeasterly of the southeasterly line of Block 19, Town of Grand Forks, North Dakota according to the plat there of on file and of record in the office of The County Recorder, Grand Forks County North Dakota, 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 Kreun and seconded by Council Member Bjerke that we find and determine an insufficiency of protest to the proposed vacation, and introduced and adopted the following resolution, which was presented and read: Document No. 9308 - Resolution. Carried 6 votes affirmative.
CONCUR IN AWARD OF CONTRACT FOR PROJECT
NO. 6474, DeMERS AVENUE PAVEMENT REHABILITATION
The staff report from the engineering department relating to bids for Project No. 6474, DeMers Avenue pavement rehabilitation from Washington Street to 5th Street, with recommendation to concur with ND Department of Transportation in award of contract to lowest responsible bidder for Project No. 6474.
It was moved by Council Member Bjerke 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 2010 EMPLOYEE HOLIDAY HOURS
The staff report from the director of human resources relating to 2010 employee holiday hours, with recommendation to approve four (4) holiday hours for City employees, pro-rated for contracted, classified and benefited non-classified employees to be taken between council approval date and July 1, 2011 - time off is to be scheduled and approved by department heads.
It was moved by Council Member Gershman and seconded by Council Member Christensen that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 5 votes affirmative, Council Member Bjerke voted against the motion.
APPROVE 2011 SPECIAL EVENTS PROGRAM
The staff report from the director of urban development relating to 2011 Special Events Program, with recommendation to approve allocation for 2011 of $106,800.00 for events, $8,878.00 set-aside and
$5,000.00 for administration, as amended by adding $3,000.00 for USCC Racing and reducing the 2011 Program set-aside by the same amount.
Council Member Bjerke commented opposing the use of city sales tax money for several of these events, when funds could be used for other items of more benefit.
Mr. Hoover reported that this is economic development money that has been used over the last number of years for quality of life activities that make the community a better place to live, work and play and that a number of these events are done downtown Grand Forks which helps bring business downtown.
Council Member Gershman stated this supplements events that the Convention and Visitors Bureau does because they do not have sufficient money to promote the events; that we were successful in bringing in World Juniors and World Curling and those would not have happened without this fund bringing thousands of people to the city, that we don't take in-kind donations as the match has to be cash, dollar for dollar, good process and has been successful and improving the quality of life in Grand Forks and moved approval of the recommendation, seconded by Council Member Christensen. Upon call for the question and upon voice vote, the motion carried 5 votes affirmative, Council Member Bjerke voting against the motion.
APPROVE SALE OF CITY-OWNED LOTS
The staff report from the director of urban development relating to sale of city-owned lots, with recommendation to authorize staff to advertise the properties identified in this report located in the 1400 and 1500 blocks of Walnut and Chestnut Streets at the prices listed and per the revised RFP process previously approved by council.
Council Member Gershman stated the report that came out of committee is that the Urban Development Department will market these and if that is not successful, will go to the realtors but would like to propose to the city council that when having a sale, have one chance to impact it - can't try to sell something and a month or six weeks later try to sell it again, and would recommend that as we have 18 lots and have reduced the price in 2010 that they have less than two weeks to buy a lot.
There was considerable discussion relative to RFP process, whether realtors could actually move the properties faster than through the City's urban development process, payment of commission and that even if going through MLS would still have to have their building plans and specs. approved by the committee and show they have qualified financing available and going through the review process.
Council Member Gershman stated that he would rather take 6% less and sell more lots than try to hold onto 6% and sell fewer, and moved that we move immediately to list this with multiple listing services with the realtors in town, that we would pay them 6% commission, and that in conjunction with this motion that the 2010 price be held until March 1. Council Member Christensen seconded the motion.
There was further discussion and Mr. Hoover suggested to the council that at this point to go with the process, see how it works and if doesn't work this first go around then go with the realtors, thinks have done quite well with the process so far. Council Member Gershman stated would have more people out selling them, prefers to take a 6% discount and sell more lots then keep the 6% and not sell as many. Mr. Hoover stated that he thinks you are assuming that the realtors will sell more, and is not convinced of that.
Council Member Christensen stated, and that it doesn't make a lot of sense to continue to have staff time involved in the situation - get the lots listed for sale on the MLS like all the other lots are listed and see if can generate some activity to get these lots sold - plus get tax revenue in addition to sales tax, etc. - support motion and get this matter handled.
Council Member Bjerke stated there are total of 44 lots, this is total of 18 and what is plan for balance of the lots. Mr. Hoover stated most of those are infill lots, some in the historic district and infill lots are treated differently, the historic lots in the southend go through another review process with the neighbors as in the past, and does not believe that staff time would be saved by going through the realtors because would have to be involved in doing the reviews, do not go out and actively market, but do advertise on the city web, in the paper and will not reduce staff time involved in the process.
He stated that they have more than one object here, not only to sell the lots but to maintain the integrity of the neighborhood, and that is what they have been attempting to do, that on the infill lots they are working on a process to get rid of those and on historic properties in the southend that they asked neighbors what they would like to see in the neighborhood and the historic lots will go through a process but would suggest that the infill program has been very successful, the historic preservation lots is going to be very touch and go because either in or near the historic districts and want to maintain that character.
Mr. Hoover suggested having proposals come in about mid-January with 30-day turnaround for review and approval, then the lots are listed with signs, advertised on a regular basis on a first come first serve basis - any realtor that is out there could also bring them a property - would like process with RFP's done and proposals in by mid-January and would have decisions no later than March 1.
Council Member Grandstrand moved to amend the motion to give Urban Development until March 1 and then list them with the realtors; seconded by Council Member Glassheim.
Council Member Gershman stated they are discussing now for the near southend lots is extending the Renaissance Zone and coming up with some options - and his motion is not to save urban development time, that is not the issue but is to sell lots and as many as quickly as can but we have an amendment on the floor, and if that passes then it is moot - but in his motion that he will move if we get to that point will come to the committee for review so compatible with the neighborhood.
Upon call for the question on the amendment and upon roll call vote, the following voted "aye": Council Member Grandstrand, Glassheim - 2; voting "nay": Council Members Bjerke, Gershman, Christensen, Kreun - 4. Mayor Brown declared the amendment failed.
Mr. Hoover questioned if we do list with the MLS are we requiring perspective buyers to go through realtor or can they directly go to the urban development office. Council Member Gershman stated when you list with a realtor unless you reserve names of potential buyers, everyone else that comes to you in the process has to go through a realtor.
Mr. Hoover also questioned if this is approved, do they have to have a single listing agent or go through some process to secure that agent. Mr. Swanson stated his suggestion is to contact the Board of Realtors for multiple listing, did this back in the 1990's, so isn't new, and can assist you in that but without knowing what the proposals are, can't answer the question.
Upon call for the question on the original motion and upon roll call vote, the following voted "aye": Council Members Bjerke, Grandstrand, Gershman, Christensen, Kreun - 5; and the following voted "nay": Council Member Glassheim - 1. Mayor Brown declared the motion carried.
APPROVE APPLICATION FOR TRANSFER OF CLASS 1
(ON AND OFF SALE LIQUOR AND BEER) LICENSE AT 2015 LIBRARY CIRCLE
The staff report from the finance department relating to application for transfer of Class 1 (General On and Off Sale Liquor and Beer) license from LPO, Inc. dba Metal Bar and Grill (Larry O'Connell), 2015 Library Circle, Grand Forks, ND to RBC Holdings, LLC (William Kieffer), with recommendation to consider the transfer of the Class 1 license to RBC Holdings, LLC at 2015 Library Circle subject to approval by various departments, including city attorney, police, fire health and inspections departments and meeting the requirements of the City Code.
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Bjerke and Christensen. Carried 6 votes affirmative.
Chief Packett reviewed information presented by the police department - that application was filed by William Kieffer to transfer the Class 1 alcoholic beverage license from LPO, Inc. dba Metal Bar to RBC Holdings, Inc. dba Big D's Bar and Grill, that Mr. Kieffer was the only applicant name on the license application, use of Big D's as name of the bar, and that there was not a local manager for the bar.
Mr. Swanson, city attorney, reported he had reviewed the application and the issues with regard to the name that the business would be operating under is not of a concern to him nor under the City Code, the question as to whether or not they can properly use Big D's name would be an issue from one ownership to another ownership, that there are not any Code provisions that directly control the name. The application for the license has been issued by the name of RBC Holdings, LLC which according to the Secretary of State is in good standing in the State of North Dakota, the only issue that raises any concern is the fact that the application does not identify an on-site manager, the owner does not need to be a resident of the city of Grand Forks, however, at some point before the transfer can be finalized, they do have to name a local on-site manager - otherwise the application is in order for approval, and if approved, subject to final approval by police, fire, health, inspections and city attorney.
William Kieffer, RBC Holdings, stated relating to the name change, that was addressed with the Secretary of State and documents were submitted, trade name registration, and letter from Mr. Leslie authorizing use of the name, Big D's Bar and Grill, to the committee; and that he would be the initial on-site manager.
It was moved by Council Member Grandstrand and seconded by Council Member Kreun with the condition of on-site manager. Carried 5 votes affirmative, Council Member Gershman recused.
INTRODUCE ORDINANCE ADOPTING SECTION 15-0408(20)
OF THE GRAND FORKS CITY CODE RELATING TO MAXIMUM
ALLOWABLE INDUSTRICAL LOADING (MAILs)
The staff report from the public works department relating to exemption to PS Doors on City Code Section 15-0406(4)(P), with recommendation to allow PS doors to discharge wastewater from their facility that exceeds the construction limits for the toxic Pollutant zinc that is identified as 0.6 mg/1 in City Code Section 15-0406(4)({P) but to not exceed the current discharge concentration at their facility.
It was moved by Council Member Bjerke and seconded by Council Member Kreun that this recommendation be approved. Carried 6 votes affirmative.
Council Member Gershman introduced an ordinance entitled "An ordinance adopting Section 15-0408(20) of the Grand Forks City Code relating to maximum allowable industrial loadings (MAILs) and repealing Section 15-0406(4)(P)", which was presented, read and passed on its first reading.
INFORMATIONAL ITEMS
The Portfolio/Management Summary for period ending October 31, 2010 and the Statement of Changes in Cash Balances as of October 31, 2010, were presented for council's information.
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment Listing No. 10-23, dated November 29, 2010 totaling $1,711,592.04 and Estimate Summary dated October 31, 2010 in the amount of $1,404,938.41 were presented and read.
It was moved by Council Member Bjerke and seconded by Council Member Christensen that these bills and estimates be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES NOVEMBER 1 AND 8, 2010
Typewritten copies of the minutes of the city council held on Monday, November 1, 2010 and of the special session of the city council held on Monday, November 8, 2010, were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Grandstrand that the minutes be approved as read. Carried 6 votes affirmative.
COMMENTS BY MAYOR AND COUNCIL
1) Council Member Bjerke asked if there was a schedule in reference to the potential sales tax issue so that they can do some planning as would need several meetings for discussion. Mr. Swanson stated that the timeline lies in the hands of the city council as to whether you call for a vote and when; that there are some notice requirements that have to be complied with but that he has not reviewed that - generally to call the election and to get the publications is something like 75 days, but will get back to you with more detail -there is a statutory requirement for publication and a realistic requirement as to when you have to have the matters available for the Herald to publish.
Council Member Gershman reported that next Monday they will be receiving the report and that there are a number of things that people want to discuss; but if Library trying to get an April election should have something finalized by end of January and would know the timeline.
Council Member Christensen stated he didn't think it was crucial that we have an election in April, that if it is 75 days then everything has to be completed by the 15th of January, but before that election gets scheduled, there will be a lot of issues to be addressed; i.e., 1) do we have an election where we have a sales tax, whether 1% or 1/2%, and how long will it exist; 2) is it tied with or without a location or have a series of locations; 3) concerned about representations that you can double the size of a facility and not increase the cost of operation or maintenance. He stated he understands not a lot of maintenance in the current facility and lot of deferred maintenance so don't have a true measure of what is required maintenance but if increase it from 35,000 or 36,000 sq.ft. to 68,000 or 70,000 sq.ft. it is going to require additional staff - lot of things to discuss. That he believes every person on the council and anybody that has interest in this matter should raise their concerns in letters to the editor, etc. e-mails or telephone calls to him at his office; and concern about the future and what plans are for this facility.
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Christensen that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
Saroj Jerath
City Auditor
Approved:
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Michael R. Brown, Mayor