Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 18, 2011
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, January 18, 2011 at the hour of 5:30 o’clock p.m. Due to the absence of Mayor Brown, President Gershman and Vice President Glassheim, Council Member Christensen was appointed president pro tem of the city council.
Present at roll call were Council Members Bjerke, Grandstrand, Glassheim (teleconference), Gershman (teleconference), Christensen, Sande (teleconference), Kreun (teleconference) - 7; absent: none.
President pro tem Christensen 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.
EMPLOYEE RECOGNITION
President Christensen reported there were 9 employees who have reached employment milestones and recognized the following employees and thanked them for their dedication:
Steve Lackman, 5 years, fire department
Bill Hahn, 10 years, police department
Tana Ostlie, 15 years fire department
Kelli Flermoen, 15 years, fire department
Ed Grossbauer, 15 years fire department
Carrie Burgess, 15 years, 911 center
John Kotrba, 20 years, information technology
Richard Fuka, 20 years, police department
John Ferguson, 20 years, water treatment
DEFEAT ORDINANCE TO EXCLUDE FROM B-3 (GENERAL
BUSINESS) AND TO INCLUDE WITHIN R-4 (MULTIPLE-
FAMILY RESIDENCE, HIGH DENSITY) DISTRICT LOT F,
BLOCK 1 OF REPLAT OF LOTS A, D AND E OF REPLAT
OF LOT 2, HANSEN'S ADDITION, LOT 2, BLOCK 1, BOYD'S
ADDITION AND LOT 1, BLOCK 1, HANSEN'S 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 B-3 (General Business) District and to include within the R-4 (Multiple-Family Residence, High Density) District, Lot E, Block 1 of the Replat of Lots A, D and E of the Replat of Lot 2, Hansen's Addition, Lot 2, Block 1, Boyd's Addition and Lot 1, Block 1, Hansen's Addition all to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 15, 2010 and upon which public hearing had been continued on December 20, 2010 until this evening, was presented and read for consideration on second reading.
President Christensen opened the public hearing, there were no comments, and the public hearing was closed.
Ryan Brooks, planning department, reported that since this ordinance has been entered into preliminary approval and rather than let it hang out there as another buyer has come into play, to deny the preliminary ordinance.
It was moved by Council Member Bjerke and seconded by Council Member Sande to deny the ordinance and upon call for the question and upon voice vote, the motion carried 7 votes affirmative. President Christensen declared the ordinance defeated.
ADOPT ORDINANCE NO. 4313, TO AMEND THE ZONING MAP
TO INCLUDE WITHIN B-3 (GENERAL BUSINESS) DISTRICT ALL
OF REPLAT OF LOT 2, BLOCK 4 OF REPLAT OF AIRPORT
ADDITION, INCLUDING PART OF NW QUARTER NW QUARTER
OF SECTION 6, T151N, R50W
An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Airport PUD District and to include within the B-3 (General Business) District, all of the Replat of Lot 2, Block 4 of the Replat of airport Addition including part of the NW Quarter NW Quarter, Section 6, Township 151 North, Range 50 West, to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on December 20, 2010 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 this evening and further that to date no protests or grievances had been filed with her office.
President Christensen opened the public hearing, there were no comments and the public hearing was closed.
The staff report from Lightowler Johnson Associates, Inc. on behalf of Service Oil, Inc. for final approval of an ordinance to amend the zoning map to rezone and exclude from the Airport PUD District and to include within the B-3 (General Business) District, all of the Replat of Lot 2, Block 4 of the Replat of Airport Addition, including part of the NW Quarter NW Quarter, Section 6, Township 151 North, Range 50 West, to the city of Grand Forks, ND, with recommendation to give final approval to the ordinance, subject to the conditions shown on or attached to the review copy.
It was moved by Council Member Gershman 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 vote, the following voted "aye": Council Members Bjerke, Grandstrand, Glassheim, Gershman, Christensen, Sande, Kreun - 7; voting "nay": none. President Christensen declared the ordinance adopted.
TABLE ORDINANCE AMENDING SECTION 18-0301 OF
THE GRAND FORKS CITY CODE RELATING TO DEVELOP-
MENT NOTIFICATION SIGNS
An ordinance entitled "An ordinance amending Section 18-0301 of the grand Forks City Code relating to development notification signs", which had been introduced and passed on its first reading on December 20, 2010, 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 to be held this evening and further that to date no protests or grievances had been filed with her office.
President Christensen opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning Department relating to request from the Planning Department on behalf of the city of Grand Forks for final approval of an ordinance to amend the text of the Land Development Code Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Section 18-0301 relating to development notification signs, with recommendation for final approval of the ordinance.
It was moved by Council Member Bjerke and seconded by Council Member Grandstrand to table this matter for one month. Carried 7 votes affirmative.
APPROVE ND LEGISLATIVE PRIORITIES
The staff report from the community/government relations officer relating to ND legislative priorities, with recommendation to approve general position statements on priority areas for the 2011 session of the North Dakota State Legislature.
Council Member Bjerke stated because of lack of quorum at the committee meeting, items were presented with no recommendation from the committee; however, he had several concerns with recommendations on this matter under the Legislative Priority Positions A. through I:
A. Property Tax Relief/School Finance Reform:
Council Member Bjerke stated he didn't agree as property tax is not collected by the State, collected locally and not the role of the State to control money that they don't collect; the 75 mills in this County is now less than 70 after the County has raised it twice and City raised their utility rates which was equivalent to a mill rate and we are below the 70 mark; that residents living in apartments do not get property tax relief and State is rebating a tax they don't collect and people who helped create the surplus do not receive benefit. That he does support tax on property tax issues because the 75 mills is eaten away and is a temporary relief to a problem that we need to deal with and hopefully the State will deal with it.
President Christensen stated that there is a relief to the renter because people who have rental property probably haven't increased their rent because of the State rebate on property taxes. He also noted that these priority positions were developed by staff (Mr. Haga), along with members on Legislative Committee and Council Member Grandstrand, council representative on the committee; and are positions that the council should support. Council Member Grandstrand stated it is broad guideline and that within these guidelines the committee can act quickly to support or not to support or be neutral on items and will be brought to the council for consideration.
It was moved by Council Member Grandstrand and seconded by Council Member Glassheim to support Item A. Carried 6 votes affirmative, Council Member Bjerke voted against the motion.
B. Water Treatment Plant Funding.
It was moved by Council Member Bjerke and seconded by Council Member Kreun that the staff recommendation be approved. Carried 7 votes affirmative.
C. Transportation/Infrastructure Funding.
Council Member Bjerke stated that the Transportation Fund needs far surpass the funding available to local, state and federal levels, and moved to approve the staff recommendation, seconded by Council Member Kreun. Carried 7 votes affirmative.
D. Public Safety.
Council Member Bjerke stated he is for funding the police, fire, health and 911 but does have some concerns with the health department, and moved approval of the staff recommendation, seconded by Council Member Sande. Carried 7 votes affirmative.
E. Traffic Fine Authority.
It was moved by Council Member Bjerke and seconded by Council Member Grandstrand to approve the staff recommendation. Carried 7 votes affirmative.
F. Centers of Excellence Funding
It was moved by Council Member Gershman and seconded by Council Member Kreun to approve the staff recommendation. Carried 6 votes affirmative, Council Member Bjerke voting no.
G. Base Realignment Impact
It was moved by Council Member Kreun and seconded by Council Member Sande to approve the staff recommendation. Carried 6 votes affirmative, Council Member Bjerke voting against the motion.
H. University-Related Support
It was moved by Council Member Gershman and seconded by Council Member Grandstrand to approve the staff recommendation
Council Member Kreun stated the overall spending is a concern but big difference between the amount of money that the State allocates and the total budget for the institution, because of funding re. grants, tuition etc., and should look at that separately before making a blanket statement that everything is too high. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative, Council Member Bjerke voting against the motion.
I. Home Rule Authority.
It was moved by Council Member Bjerke and seconded by Council Member Grandstrand to approve the staff recommendation. Carried 7 votes affirmative.
APPROVE ABATEMENT OF 2009 TAXES ON PROPERTY
AT 918 WALNUT STREET
The staff report from the city assessor relating to application for abatement for 2009 taxes by Richard and Joanne Anderson, 918 Walnut Street, with recommendation to Board of County Commissioners that application be approved as submitted.
It was moved by Council Member Bjerke and seconded by Council Member Grandstrand that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO RESIDENTIAL
PROPERTIES AT VARIOUS LOCATIONS
The staff report from the city assessor relating to applications for exemption of remodeling improvements to residential buildings and grant exemption of increased value for five years at the following locations: 1517 9th Avenue North; 1219 Chestnut Street; 1235 Cherry Street; 216 Fenton Avenue; 251 Northridge Hills Court; 528 Oxford Street; 707 Reeves Drive; and 410 Reeves Drive; with total estimated savings to the property owners of $39,715.
It was moved by Council Member Bjerke and seconded by Council Member Grandstrand that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE APPOINTMENT TO MPO EXECUTIVE
POLICY BOARD
The staff report from Mayor Brown relating to appointment to MPO Executive Policy Board, with recommendation to approve appointment of Council Member Christensen as one of the city council representatives on the MPO Executive Policy Board.
It was moved by Council Member Bjerke and seconded by Council Member Grandstrand that this appointment be confirmed. Carried 7 votes affirmative.
APPROVE COMMENT ON RFP FOR DOWNTOWN
GRAND FORKS PARKING STUDY
The staff report from the executive director of MPO relating to matter of comment on RFP for Downtown Grand Forks Parking Study being conducted by GF-EGF MPO, with recommendation to provide comment on RFP.
It was moved by Council Member Bjerke and seconded by Council Member Grandstrand that this recommendation be approved. Carried 7 votes affirmative.
REFER FURTHER REVIEW OF ALCOHOLIC BEVERAGE
LICENSE RENEWALS TO COMMITTEE
The staff report from the police department relating to review of seventeen (17) businesses that failed during the 2011 renewal of liquor licenses as follows: Big D's Bar and Grill; DANAC, LLC; Giuseppe's; Hub Bar; Mi Familia, Inc.; Rumors; China Garden Restaurant, Inc.; Eagles Crest Grill; Green Mill; Knights of Columbus; Muddy River; O'Really's Iris Pub/Level 10; Crosstown Lounge; Gilly's Bar and Grill; Happy Joe's Pizza; Lincoln Golf Course; and Red Ray Lanes; with recommendation to be determined by council after a review of information provided in the above listed license holders.
Council Member Bjerke reported that there was no recommendation from committee because of lack of quorum but that the staff report shows failure of compliance checks and those are at state level and are being acted upon; violation of server training was handled through the court process; failure to disclose past violations; transfer of license concerns has been dealt with by the council and the owner is aware that there is a pending potential suspension of that license because of compliance check failure and that he will have to suffer punishment of the former owner; and unpaid parking fees have been paid and no longer apply.
He sated that concerning the failure to disclose past violations, listing of 10 businesses that failed to properly fill out the liquor applications; and read portions of the license "…have you ever been convicted of any crime in this or any other state or under any federal law, yes or no…" and "…applicant further agrees that misrepresentation, false statement or omission in this application shall be grounds for rejection of said application, revocation or suspension of any license granted…". He stated he was not suggesting they take action but thinks they need to be notified, and would like to see this referred back to the committee as this continues to happen on yearly basis.
Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Members Bjerke and Sande. Carried 6 votes affirmative.
There was some discussion relative to the various violations and that those violating server training were handled through municipal court and adjudicated, those failing compliance checks are sent to the ND Attorney General's Office for state handling, some still pending, one or two that the Attorney General declined to proceed further with and failure to disclose is exclusively a local review.
Council Member Sande made a motion to return this matter to the Service/Safety Committee for further consideration. President Christensen seconded the motion.
Mr. Swanson stated he would recommend that you consider a couple different motions, 1) approve all licenses that have been administratively approved so that record is finalized, and 2) the second part of the motion is if you are concerned about those that have failed to disclose past violations, that they be referred to the public safety committee that notice be given to the applicants to appear before the safety committee and that a hearing or consideration of that would be held at the safety committee with the committee making an ultimate recommendation back to the city council. That there are a number of different classes, have one that has a compliance issue that was not addressed by the Attorney General's Office but those would take care of your failure to disclose concerns and would also take care of those licenses which have already been administratively approved.
President Christensen withdrew his second to the motion, and the motion died for lack of a second.
Council Member Grandstrand moved to adopt Mr. Swanson's recommendations which is to approve those licenses which have been administratively approved. President Christensen seconded the motion.
Mr. Swanson stated those applicants that have had a violation and have had some adjudication of those issues, leaves that to the judgment of the council. Council Member Kreun asked to amend the motion to include those businesses that have received punishment, Council Member Bjerke seconded the motion.
Council Member Bjerke stated that the Danac, LLC has had four failures in three years of compliance check and Happy Joe's included because have a minor serving a minor. However, Mr. Swanson stated that Danac, LLC has been adjudicated by the Attorney General's Office and would interpret that as being included within Mr. Kreun's amendment which would be for approval, Happy Joe's was not adjudicated by the Attorney General's Office and would consider that application to be before the body for future consideration or additional action.
Upon call for the question of the amendment to the motion, and upon voice vote, the motion carried 6 votes affirmative, Council Member Gershman recused.
Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 6 votes affirmative, Council Member Gershman recused.
Mr. Swanson stated his recommendation would be to refer the remaining applications that have not been approved this evening back to Service/Safety Committee for holding public hearings on alleged violations of the application and that appropriate notices be given by staff, that it might not be at the next committee meeting but stated in the motion. Council Member Grandstrand moved the motion, seconded by Council Member Bjerke. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative, Council Member Gershman recused.
Council Member Sande asked that when this goes back to Service/Safety for consideration if the committee would discuss what to do in the future if applicants are not disclosing past violations and not completing their applications properly so that this would not be an issue for the council - this was included as a friendly amendment to the motion and agreed by the mover and second.
APPROVE ENHANCEMENTS TO RIVERSIDE POOL
The staff report from the environmental compliance/greenway manager relating to Riverside Pool enhancements, with recommendation to approve receiving bids for the Riverside Pool deck expansion project and receiving bids for the ten (10) additional lounge chairs for the area.
Council Member Bjerke opposed the recommendation; however, it was noted that it was 70-30% vote in favor of the City doing this and citizens have agreed that if have additional costs for this, City will pay this as an enhancement to the quality of life. Mr. Feland stated City is paying insurance to FEMA and we are being reimbursed for flood cleanup.
It was moved by Council Member Gershman and seconded by Council Member Grandstrand that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative, Council Member Bjerke voting against the motion.
APPROVE AGREEMENT FOR PROJECT NO. 6686, PHASE
IX, LANDFILL CLOSURE AND ASH/ASBESTOS DISPOSAL
PROJECT
The staff report from the director of public works relating to Professional Services Agreement for Project No. 6686, Phase IX, Landfill Closure and Ash and Asbestos Disposal project, with recommendation to approve the agreement subject to the city attorney's review and approval, with CPS, Ltd. in the amount of $252,116.00 for services related to Phase IX, Landfill Closure and Ash and Asbestos Disposal Project to include the final design phase, bidding or negotiation phase, construction phase, materials testing, and post construction services.
It was moved by Council Member Bjerke and seconded by Council Member Grandstrand that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE BID FOR SANITATION DIVISION TRACTOR
The staff report from the director of public works relating to Sanitation Division 2011 landfill crawler-type tractor, Bid #2010-76, with recommendation to approve bids for 2011 Sanitation Division crawler-type tractor bids per following bid tabulation: to Butler Machinery in the amount of $235,308.05.
It was moved by Council Member Bjerke and seconded by Council Member Grandstrand that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.
APPROVE MPO TRANSPORTATION IMPROVEMENTS
PROGRAM ESTIMATES FOR 2012-2015
The staff report from the director of public works and the superintendent of public transportation relating to Grand Forks-East Grand Forks Metropolitan Planning Organization Transportation Improvement Program estimates for fiscal years 2012-2015, with recommendation to approve the improvement program estimates for fiscal years 2012-2015 on behalf of the City of Grand Forks.
Council Member Bjerke stated he is opposed to the program which has to do with our mass transit system as it would be an additional 15 mills if paid with local money.
It was moved by Council Member Sande and seconded by Council Member Glassheim that this recommendation be approved. Upon call for the question and upon voice vote the motion carried 6 votes affirmative, Council Member Bjerke voting against the motion.
INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON PLAT F HOMESTEAD GROVE
FIFTH ADDITION
The staff report from the city planner relating to matter of the request from Advanced Engineering and Environmental Services, Inc. (AE2S) for preliminary approval of the plat of Homestead Grove Fifth Addition to the city of Grand Forks, ND (located at South Washington Street and 40th Avenue South), with recommendation for preliminary approval of the request for preliminary approval of the plat of Homestead Grove Fifth Addition to the city of Grand Forks, ND.
It was moved by Council Member Sande and seconded by Council Member Glassheim that this recommendation be approved and that an ordinance be introduced with a public hearing date of February 22, 2011. Carried 7 votes affirmative.
Council Member Gershman introduced 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 Fifth Addition, Grand Forks, North Dakota", which was presented, read and passed on its first reading.
APPROVE BILL LISTING
Vendor Payment Listing No. 11-01, dated January 12, 2011, totaling $1,763,296.91 was presented and read.
It was moved by Council Member Bjerke and seconded by President Christensen that these bills 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, Sande, Kreun - 7; voting "nay": none. President Christensen declared the motion carried and the bills ordered paid.
COMMENTS BY MAYOR AND COUNCIL
1) Council Member Bjerke stated that since the matter of the library will be heard on January 31 presented number of issues where he would like input:
1) to make sure the ballot has a sunset clause;
2) will oppose any attempt to put the word "operate" or "operations" into the ballot, this is for construction of the building not for operation;
3) that any extra money that is generated from the tax at the end of the term because there should be some left over money and include in the ballot that it be put into the major capital fund to take care of the building, not for books, chairs or computers,
4) discussion on resolution or ballot as there have been comments made about how this building is going to be able to operate financially, if go forward and include on the ballot to build a new building that will be twice the current size, will put forth an attempt to limit the mill levy to 9.57 mills, which is what it is for operational expenses. If people opposed to that and if not going to limit the operational money for certain timeframe wants to make sure the citizens realize that this will be a double tax increase, voting not only for a sales tax increase but voting for property tax increase because the building will not be able to be properly staffed and run, and wants the ballot or resolution to be perfectly clear to the citizens because it hasn't been clear in past projects.
5) for discussion - that any off-site infrastructure, whether roads, sewer, storm sewer or utilities, or anything directly related to the library be paid out of the library tax, and not out of Highway Users Fund or any other fund;
6) request for Mr. Swanson to brief city council and citizens about the rules for campaigning, esp. in relation to taxpayer funded employees and to the expenditure of taxpayer dollars and what people who are in support of this but work for the City or Library what they can or can't do - specific law and ask for briefing from Mr. Swanson so clear on how the campaign will be run;
7) for discussion between the finance director and Mr. Walker or Mr. Grasser, that if it does pass, who is paying bills, who is supervising the contract, who is going to run this project - whether City project or Library Board will be totally in charge - and wants to make sure on the 31st of January that we have a very thorough complete discussion and to make sure that we're locked in tight on some issues and are clear not only on the ballot but also if necessary will be pushing for council resolution to make sure we specifically and clearly put forth what we want done and how it is to be done so there won't be any controversy after the vote.
2) Council Member Sande thanked the people from Public Information Center that make it possible for all of us to come together from all over the U.S. and world and appreciates everything they do.
3) Council Member Gershman stated re. Riverside Pool that the citizens understood and was very clear in the advertising, cost, etc. for the pool, it passed, but we seem to try to adjudicate that issue every time something comes up, and would like to take Mr. Bjerke at his word that things are clear and once people vote on it that we can see how things can be done and continue to be done rather than trying to readjudicate issues, in agreement with the number of those concerns with the library but that once the vote is taken by the public, that it would be refreshing if the community would move forward and onto the next issue.
4) President Christensen stated that his comments re. library and the ballot, that some of Mr. Bjerke's points are valid and will be considered by the council before ballot language is resolved by the council, and that if this passes then will have a community asset called the library or community learning center that will require ongoing funding for maintenance and for personnel, not going to put handcuffs on any council as far as mill increases.
He questioned difference in what source of money you use if have to change the street if using sales tax revenue and/or if take some money from a different general fund - only issue is general fund vs. 60/40 split on sale tax - doesn't think that has any relevance in determining what goes on the ballot as far as what we are going to ask the citizens to vote on, whether sales tax and if so how much and or how long, and what going to be used for.
That Mr. Bjerke is concerned that the ballot language says it can't be used for operations and is something the council can vote on and not sure the council wants to tie the hands of those going forward - if the sales tax is 1% for $8 million/year and question is how long is the sales tax going to have to be based upon what the people that are studying this issue come forward and tell us what it is going to cost - and after that whatever is left as far as money if it passes will be used for whatever future councils think it should be used for - we don't have to complicate this issue and get ourselves in debate as to a ballot - wants to make it simple and seamless and hope we can get through that on the 31st or shortly thereafter so we can get this matter before the citizens see what do with it. Council Member Bjerke stated for the record, the council won't be tying anybody's hands, believes the Home Rule votes are by the people, and that we are going to have a vigorous debate.
ADJOURN
It was moved by Council Member Kreun and seconded by Council Member Gershman that we adjourn. Carried 7 votes affirmative.
Respectfully submitted,
Saroj Jerath
City Auditor
Approved:
_____________________________________
Douglas A. Christensen, President pro tem