Council Minutes

Minutes of Grand Forks City Council/Committee of the
Whole -Monday, July 9, 2007 - 5:30 p.m.___________

The city council of the city of Grand Forks sitting as the Committee of the Whole met in the council chambers in City Hall on Monday, July 9, 2007 at 5:30 p.m. p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim, Gershman, Kreun - 5; absent: Bakken - 1.

Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized, and that the meeting is being televised.

Mayor Brown commented on various items during the past week and upcoming events:
He reminded everyone to be safe around the construction, that school is out and to be careful and watch out for the children.
There is a special election on July 11, 2007 at the Alerus and please exercise your right to vote as being defended by our men and women in the armed services.
July 4 was a wonderful day in Grand Forks and a short slide show was shown of various events; the event started on July 3 at Town Square by live music and on July 4 events for the family, including kids parade, car show, and activities all afternoon.
He asked Mr. Vosacek and Officer Benson to come forward along with Richard Coney who was presented the Shining Star Award by ND State Health Department and Safe Kids Coalition for buckling up in the back seat of a vehicle and surviving a crash during Child Safety Month.

Council Member Christensen reported present.

COMMITTEE OF THE WHOLE DISCUSSION ITEMS

2.1 Application for abatement of 2005 and 2006 taxes by William and Bonnie Houle, 1926 24th Avenue South, _______________________________________________
There were no comments.

2.2 Application for abatement of 2006 taxes by Kenneth and Theresa Bushaw, 2200 S. 29th St., #625.__________________________________________________________
There were no comments.

2.3 Change order for Proj. 6073, 2007 Asphalt Street Repair Project.
There were no comments.

2.4 Farm lease agreement with Ardell Korynta.
There were no comments.

2.5 Flood Protection Project - Disposal of excess property adjacent to 3718 Belmont Road________________________________________________________________
There were no comments.

2.6 Flood Protection Project - Disposal of excess property adjacent to 3415 Belmont Road._______________________________________________________________
There were no comments.

2.7 Bid for respirator fit testing equipment, Health Dept.
There were no comments.
2.8 Grand Forks dog park.
Melanie Parvey-Biby, Environmental Compliance Specialist, gave brief report relative to
the dog park, that the Dog Park Committee is made up of representatives of the Park District, the city council and members of the Roaming Paws, that they met and developed a proposal which was reviewed with residents of the neighborhood the end of June. There were several residents who attended the meeting that had concerns re. location of the dog park (map shown on the screen), original location was located in Lincoln Drive Park and was 3.3 acres, right off the bikepath, as several residents who lived along Almonte Avenue could see the park from their homes that had concerns about the location and the committee met again with residents of that area, and came up with a proposal for something a little farther from those homes and making it into a park for large dogs and another smaller area for a small dog park, that this brings the total acreage of the park to 3.3 acres and was a compromise for both the Roaming Paws and for the neighborhood. During discussion they considered types of fencing, and the recommendation was to use a color coded fence; the original cost estimate was $40,000 for the dog park and with changes in the fencing and the water for two sites is $51,344.00. Proposal was a compromise of neighbors and committee, the Park District has given preliminary approval with funding of $15,000, and if city council approves plan next week with funding from the Greenway Betterment Fund.

Council Member Christensen stated the original site seemed very reasonable to him and doesn't see any homes that would see into the dog park because of the dike, but that this has expanded and asked why they didn't stay with the original 3.3 acres rather than making two separate parks and adding more fencing - cost of $15,000 from Park, $15,000 from City and $15,000 from Roaming Paws and Park District responsible for maintenance. Ms. Biby stated because of races held in the area and neighborhood residents viewing the park.

Council Member Glassheim stated the agreement is an accommodation between needs of the dog park and needs of the neighbors, both sites were approved by the Corps and have total which is exactly the same size because 2.7 and 0.64, farther away from homes so visually and sound-wise an improvement from view of the neighbors, the two races that run through this area were a factor to consider and acceptable to those that want the dog park and to the neighbors, and that he will ask that the City rather than the $15,000 that we put up $20,000 because of change in fencing which is more attractive, and would hope that the Park District would go with their additional several thousand.

Council Member Gershman stated that they ask people to keep dogs on leash and when want to provide some place where they cannot break the law, there are some that are opposed to it - that we subsidize golf courses and tennis courts, etc. and add things for the betterment of everybody.
He asked if this would interfere with sledding, and it was noted that it would not because of distance of a full city block between.

Council Member Gershman stated that for the record Roaming Paws has committed to raise $10.000.

Nancy Joyner, Roaming Paws, stated one concern they had with the original site was also sledding that was coming over the dike, and second site has larger distance before coming to the fencing.

2.9 Proposed ordinance amending Sections 11-0101, 11-0112 and 11-0121 of the Grand Forks City Code relating to cats and dogs.___________________________________
Council Member Gershman stated that the change they were going to make was to allow
dogs to run free in a yard without a leash or chain if it had an invisible fence and asked for clarification. Howard Swanson, city attorney, stated that there were two different ordinances that have been drafted in that regard and the one included in the packet which amends Section 11-0121 removes the requirement that an animal be on a leash on the owner's property, there is another draft that is not included in the packet that also amended the same section but still required an animal to be under control on property and included invisible fence or electronic fence as one of the means of restraint or control. Gershman stated that included a regular fence and need to have discussion because even with an invisible fence people can get frightened and if you don't have that, then no chance to stop the dog.

Mr. Swanson stated in his memo which was dated July 11, 2006 he identified that as a result of direction from the public safety committee this was to apply only to dogs when they are off the owner's property but has again, but not included or attached to this memo, because a different draft exactly what you requested which was to add invisible or electronic fence as a means of restraint. Council Member Gershman asked to see that for next week.

2.10 Public Works Dept. - Flood protection/greenway maintenance utility vehicle bid.
There were no comments.

2.11 Special Purposes Grants.
There were no comments.

2.12 Proposed Amendment #2 to the 2007 CDBG Annual Action Plan for the Northern Valley Dental Alliance.__________________________________________________
There were no comments.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Brooks stated that what Roaming Paws, applaud them for getting organized and bringing this to us, and vote on it next week - government works when citizens get involved.

2) Council Member Kreun stated there is going to be a lot of road construction taking place in July, have normal repairs, University overpass, railroad on Highway 2, and numerous other projects and want the public to be aware of it and have patience.

3) Council Member Gershman stated it is time the council to address American Crystal issue and the smell and thinks the council should pass a resolution expressing our irritation to our public about that disgusting smell that comes over far too often, and formally requesting a quick resolution to that issue; and would also request that perhaps someone on city staff would have the time to check other cities that have similar process to see if they have developed methods to hold down that terrible smell. He talked to Mr. Swanson today to check the federal Clean Air Act to see if there is some recourse for city on the other side of a border, that he has had numerous comments and e-mails - that East Grand Forks is addressing it and commends them for that and that we should weigh in also as a council.

Council Member Kreun stated that our wastewater treatment chemists have been analyzing some of that product and that we may be able to help with the solution for their problem in the long run, that they have put together a task force in EGF in order to look at some of those issues and maybe would want us to be a member of that task force for communication, etc. and offer anything we can do to solve problem. Gershman stated that would be good but that it is time for us to go on record that it is time to get serious about addressing it, it is a serious quality of life issue in this community.

Kreun stated that the article in today's paper referring to Fosston, MN as the answer, that same consultant has been working with Crystal Sugar for many years, that the Fosston plant is a specialty plant, not anywhere close to the size of Crystal Sugar and the concentration of the product that they put out, little misleading to put that on the front page and say that this could solve your problems. He noted comments were well taken but what have to do is work very hard at seeing if we can help solve this problem.

Council Member Brooks stated that East Grand Forks has set up a task force and have had some meetings and talked with American Crystal, thinks good idea for the towns working together, that this is an ag community and that between American Crystal, RDO and Simplot there is a tremendous number of jobs involved and not against a joint effort but lets not concentrate on one but need to look at all three or have some more problems and is a good idea for both towns to work together with all three of them, American Crystal was very happy to have this task force developed over there and would find the same from the other two.

ADJOURNMENT

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

Respectfully submitted,



John M. Schmisek
City Auditor