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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 6, 2008

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, October 6, 2008 at the hour of 5:30 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Bjerke, Glassheim, Bakken, Kreun, Gershman - 5; absent: none.

Members of Ms. Holtzmann's Grade 2 class at St. Michael's School led the council in the pledge of allegiance to the flag.

Council Members McNamara and Christensen reported present.

President Gershman 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.

President Gershman commented on various items during the past week and upcoming events:
There is an important summit, Connect U.S. Canada Summit, at the Alerus Center, which is underway tonight and that there will be much more going on tomorrow. This summit was organized by the Grand Forks Region Economic Development Corporation over the course of several months. Our ties with our Canadian friends have always been important but we have seen them grow even more valuable over the last few years. As a destination city we know the impact of shoppers and visitors but also know that our economies are tied in several other ways and there are opportunities in the areas of University collaboration, research and development that will further grow our regional economy. The speaker panel is very impressive so please take the opportunity to attend if you are able.
Once again the City and the School District are working together to help communicate with our State Legislators and provide opportunities to share priorities and concerns; the City and the School will be hosting a discussion on legislative issues and priorities with all current legislators and candidates next Wednesday, October 15, 2008 at 4:30 p.m. in the city council chambers. Public is welcome.
This is Fire Prevention Week October 5 - 8, 2008 and read the Mayoral Proclamation. He asked Mr. Haga to take message to fire fighters and thank them for the wonderful work they do every day for us.
He read a letter from the office of the mayor of Pocatello, Idaho; our football team beat them and there was a challenge on potatoes, and presented Idaho russet potatoes to members of the council members.

PRESENTATION GRAND FORKS SCHOOLS' HELPING
HANDS PROGRAM

Mary Lien stated she was here to present an exciting story, that Mayor Brown's One Million Hour Volunteer Challenge to the city and has had the opportunity since 2002 working with children in our school district aged 12 and older to do volunteering in the summer and brought a young man along today to give the announcement of how many hours they earned this summer and would like to apply to Mayor Brown's challenge. David Feilen is an 8th grader at South Middle School and has been involved in Helping Hands for two years and has contributed over 300 hours, loves fishing and hunting with his dad and his other passion is volunteering to help others.

David Feilen presented the speech he gave at the 2008 Helping Hands banquet, and presented plaque
for the One Million Hour Challenge and that there were 6,468.5 hours volunteered.

ADOPT ORDINANCE NO. 4252, AMENDING VARIOUS
SECTIONS OF THE GRAND FORKS CITY CODE RELATING
TO ESTABLISHMENT OF VARIOUS FEES AND CHARGES

An ordinance entitled "An ordinance amending various sections of the Grand Forks City Code relating to the establishment of various fees and charges", which had been introduced and passed on its first reading on September 15, 2008, was presented and read for consideration on second reading and final passage.

President Gershman called upon the audience to see if there was anyone present who had comments to make on the ordinance, there were none.

Howard Swanson, city attorney, reported there was a revised ordinance from that which was originally introduced, that the changes include several typographical errors that were corrected and some fees for sanitation that had been omitted. He also suggested that for your next budgeting process may want to consider going away from the ordinance adoption of fees and using a fee schedule that would be easier for council and staff to work with as can locate all of the fees in one location as opposed to searching through the entire City Code and that not all appear in the Code; and is recommending that you adopt the ordinance with the amendments that are included and take the further matter for study at another time.

It was moved by Council Member Christensen and seconded by Council Member Bakken that the ordinance be amended as noted. Carried 7 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the ordinance adopted.

Council Member Christensen stated as per Mr. Swanson's suggestion would like to move this to the finance/development committee.

APPROVE ABATEMENT OF 2007 TAXES ON PROPERTY
AT 2519 4TH AVENUE NORTH

The staff report from the city assessor relating to application for abatement for taxes by Robert and Pauline Hewitt, 2519 4th Avenue North, with recommendation to the Board of County Commission that application be approved as submitted.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that this recommendation be approved and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.

ACCEPT APPLICATION BY CONCRETE, INC. FOR FIVE-
YEAR PROPERTY TAX EXEMPTION ON BUILDING
EXPANSION, AND ESTABLISH PUBLIC HEARING

A staff report from the city assessor relating to application for property tax exemption for expanding business by Concrete Inc., 5000 DeMers Avenue, with recommendation to establish date for possible public hearing for November 3, 2008 on this exemption.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that this recommendation be approved to set November 3, 2008 at 5:30 p.m. as the date and time of the public hearing to hear any comments or testimony in favor or in opposition to the granting of the tax incentive. Carried 7 votes affirmative.

APPROVE BUDGET MENDMENT


The staff report from the city auditor relating to budget amendment, Highway User Share of 2008 Projects, in the amount of $799,364.00, with recommendation to approve the budget amendment.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

APPROVE APPLICATION FOR CLASS 2 ALCOHOLIC
BEVERAGE LICENSE FOR VALLEY LIQUORS, INC. AT
1315 SOUTH COLUMBIA ROAD

The staff report from the city auditor relating to application for Class 2 (Off Sale Alcoholic Beverage) license by Village Liquors, Inc. dba Hugo's Liquor, 1315 South Columbia Road, with recommendation to approve application subject to approval by city attorney, police, fire, inspections and health departments.

President Gershman asked to be recused from voting on this issue, and it was so moved by Council Member Christensen and seconded by Council Member Kreun. Carried 6 votes affirmative.

Council Member Bjerke stated that he would like to see discussion on the liquor license issue of limitation of licenses, to have staff prepare report on pros and cons of limiting vs. not limiting and to refer this to the appropriate city staff, and to the Service/Safety Committee, with notifications to Hospitality Assn.

Howard Swanson, city attorney, reported that this is an alcohol selling facility located adjacent to a grocery store, has separate entrances and cannot enter the building from the grocery store, and does comply with both State law and our local Codes, but there are some additional requirements that they have to meet in construction, but application appears to be in order.

It was moved by Council Member McNamara and seconded by Council Member Kreun that this application be approved. Upon call for the question and upon voice vote, the motion carried 5 votes affirmative; Council Member Bjerke voting against the motion, and President Gershman recused.

APPROVE APPLICATION FOR TRANSFER OF ALCOHOLIC
BEVERAGE LICENSE TO LPO, INC., 2015 LIBRARY CIRCLE

The staff report from the city auditor relating to application for transfer of Class 1 (General On/Off Sale Alcoholic Beverages) license from KDJMBD, LLC dba Overtime Bar, 425 North 42nd Street to LPO, Inc., 2015 Library Circle, with recommendation to approve the transfer of license subject to approval by city attorney, police, fire, inspections and health departments.

Mr. Swanson reported with respect to the transfer request, you have already approved the issuance of a new license to the holder at this location, and he is seeking approval of the transfer of an existing license rather than the issuance of a new license.

President Gershman asked to be recused from voting on this issue, and it was so moved by Council Member Christensen and seconded by Council Member Kreun. Carried 6 votes affirmative.

It was moved by Council Member McNamara and seconded by Council Member Kreun that this application be approved. Upon call for the question and upon voice vote, the motion carried 5 votes affirmative; Council Member Bjerke voting against the motion, and President Gershman recused.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT NO.
6273, DISTRICT NO. 637

The staff report from the engineering department relating to creating special assessment district for Project No. 6273, District No. 637, paving North 51st Street from Gateway Drive to 10th Avenue North, with recommendation to create the special assessment district, approve engineer's report including estimate of cost, an assessment district map, and further that we direct engineering department to prepare detailed plans and specifications and advertise for construction bids for Project No. 6273, District No. 637, and that we declare intent to sell bonds to finance these improvements.

Council Member Christensen introduced the following resolution creating the assessment district, which was presented and read: Document No. - Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 6273, District No. 637: Document No. - Report.

Council Member Christensen introduced the following resolution of necessity, which was presented and read: Document No. - Resolution.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Paving Project No. 6273, District No. 637, be accepted and adopted. Upon roll call the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried and the report and resolutions adopted.

APPROVE COST PARTICIPATION, CONSTRUCTION AND
MAINTENANCE AGREEMENT WITH NDDOT FOR PROJECT
NO. 6338, REHABILITATE DEMERS AVENUE SKYWAY BRIDGE

The staff report from the engineering department relating to Cost Participation, Construction and Maintenance Agreement for Project No. 6338, Rehabilitate DeMers Avenue Skyway Bridge, with recommendation to approve Cost Participation and Maintenance Agreement with the NDDOT for Project No. 6338, Rehabilitate DeMers Avenue Skyway Bridge.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative.

INTRODUCE ORDINANCE AMENDING SECTIONS OF THE
CITY CODE RELATING TO PROHIBITED ANIMALS AND
PROHIBITION OF FOWL

The staff report from the health department relating to Grand Forks City ordinance prohibiting all fowl, except as approved by the health department, with appeal to the city administrator ands the city council.

It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be approved. Carried 7 votes affirmative.

Council Member Kreun introduced an ordinance entitled "An ordinance amending Section 11-0216 and Section 11-0217 of the Grand Forks City Code relating to prohibited animals and prohibition of fowl", which was presented, read and passed on its first reading.

REFER REQUEST TO AMEND BIKEWAY COMMITTEE
BY AMENDING THE NAME AND MEMBERSHIP OF THE
COMMITTEE TO VARIOUS DEPARTMENTS

The staff report from the Mayor's Office relating to request to amend the Bikeway Committee by amending the name and membership of the committee, with recommendation to approve attached ordinance on first reading with second reading and final approval on October 20, 2008.

Council Member Christensen stated after reviewing this matter and as they have not had this committee in an active form for several years, not sure there is a need for this committee as there are public hearings on any type of activity, and if can eliminate committees where there has not been any activity for years. He stated engineering has bikepaths laid out, have greenway committee dealing with bikes and pedestrian areas. He stated that if approved they would be appointing three (3) members at large and that they are having some issues in finding people to serve on committees.

Council Member Kreun stated that input from the public is important, and asked if this committee couldn't be combined with the greenway committee and have that as committee to give input.

Council Member Glassheim stated that the greenway is under the engineering department and this is part of city planning department, one difference would be usage of existing facilities and other would be planning for future facilities - the greenway now is focused on the use of the greenway but the bikeway system is perhaps a planning function and asked if anyone from University of North Dakota, School District as it impacts schools and makes sense to have some of those people dealing with the bike system off the greenway and bike safety but no objection to holding it.

It was moved by Council Member Glassheim and seconded by Council Member Kreun to hold this item
and request Greenway, MPO, Engineering and Planning to bring back a revised proposal. Carried 7 votes affirmative.

APPROVE BUDGET AMENDMENT, STREET DEPARTMENT

The staff report from the director of public works relating to budget amendment, street department, for sand and salt, in the amount of $85,000.00, with recommendation to approve the budget amendment.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

APPROVE 2009 CDBG AND HOME PROGRAMS

The staff report from urban development relating to 2009 CDBG and HOME Programs, with recommendation to discus the funding recommendations, open a 30-day public comment period, and set November 3, 2008 as the public hearing date to approve final 2009 funding allocation and the 2009 CDBG Annual Action Plan.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

APPROVE REDEVELOPMENT OF WALNUT PLACE
AND 1500 BLOCK OF CHESTNUT STREET

The staff report from urban development relating to redevelopment of Walnut Place and 1500 block of Chestnut Street, with recommendation to approve proposals and convey lots per review committee's recommendations: 1514 Chestnut Street to Thomas Wesley with lot bid of $33,501; and 1517 Chestnut Street to Kelly Thompson with lot bid of $32,700.

It was moved by Council Member Christensen and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

COUNCIL PLANNING MEETINGS

Council Member Christensen stated that it had been suggested that we meet on our off Monday nights for planning; however, there were some objection to that and that they perhaps should meet on nights where have regularly scheduled meetings, either before or after that meeting, to devote half an hour or hour on items for discussion. This would give public the opportunity to review the planning as the meetings would be televised, and to try that for several months. There was some discussion as to whether they should meet either before or after committee of the whole or city council meetings, and that due to conflict with work schedules it was suggested that the planning meetings be scheduled following the city council meetings. President Gershman suggested that each council member make a list of three topics and give those items to Mr. Duquette in order to prioritize. Department staff would not have to remain for those meetings if items were not relative to their department.

APPROVE BILL LISTING

Vendor Payment Listing No. 08-19, dated October 2, 2008, totaling $2,126,289.16 and Estimate Summary for October in the amount of $2,156,784.22, were presented and read.

It was moved by Council Member Bakken and seconded by Council Member Glassheim 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, McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried and the bills ordered paid.

APPROVE MINUTES SEPTEMBER 15, 2008

Typewritten copies of the minutes of the city council held on Monday, September 15, 2008 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Bakken that these minutes be approved as corrected. Carried 7 votes affirmative.

CITY ADMINISTRATOR COMMENTS

Rick Duquette, city administrator, reported that a draft letter had been placed on each of the council member's desks, that the Air Force is in the middle of some meetings related to an EIS for unmanned aerial systems operations and flight operations in the Grand Forks region, and asked that they look at this as the Air Force is going to take testimony until the end of October and with your concurrence will bring this forward for the city council pass a motion to accept this letter and show support of this restricting of air space for UAS flight operations. He stated his suggestion is that they support this, as it makes sense for the Air Force mission and for relationship we have with the UND Aerospace Science School and some of those partnerships. He stated he would be available for questions, e-mails or phone calls later, and would be looking for a resolution of support before the end of the month.

President Gershman stated he agrees; that he, the Mayor and John Marshal were in Washington last week and met at the Pentagon for two hours with various generals and vice chief and this is a very important issue for our Air Base.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Bjerke stated in reference to the liquor license issue that he has several more items, what is the responsibility of buses that drop number of people off at bars at one time; if server training could be put on a DVD or computer on-line where it could be reviewed and then go to the police department for testing at their convenience from 8:00 to 5:00 p.m. He also presented the matter of discussion on minors and fake id's, that alcoholic beverage business gets penalty if violation of law and that the person who violates this should also have penalty.

He stated that on Friday, September 26, he went on patrol with Sgt. Zimmel and met officers, etc. and would like to commend them, esp. for their professionalism and restraint in handling people; can't compliment them enough' and asked Chief to pass this on to their officers.

2) Council Member McNamara stated he had discussed matter of standing water in alley with Mr. Grasser, and had citizen who wanted him to express his thanks to Mr. Grasser.

3) Council Member Bakken stated that when doing planning has some concerns about our sales tax revenue and other lines of revenue, that need to take a look and start preparing if it drops below the numbers we have projected, and don't meet our needs, that we have a contingency plan to fund certain things and those not going to fund.

4) Council Member Kreun stated that the service/safety committee spent approx. year to year and half going through process re. liquor situation (fake id's and underage), that the DVD process re. server training is being utilized and that Mr. Haga provide information to Council Member Bjerke.

Council Member McNamara stated that the biggest problem is friends buying for friends, and family members buying for family members, and need to tighten that up; that a minor attempting to purchase alcohol should be penalized but problem is apprehending that person; and were in search of another tool to hand the Hospitality Industry in terms of what they can do without putting themselves in a position to be sued, and appropriate to continue to pursue that.

ADJOURN

It was moved by Council Member Bakken and seconded by Council Member Kreun that we adjourn. Carried 7 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
________________________________
Harold A. Gershman, President of the
City Council