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Minutes of Grand Forks City Council/Committee of the
Whole - Monday, April 9, 2007 - 7:00 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, April 9, 2007 at the hour of 7:00 p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, McNamara, Glassheim (teleconference), Gershman, Christensen, Kreun - 6; absent: Council Member Bakken - 1.

Mayor Brown commented on various events during the past week and upcoming events:
He reminded council member to turn off their microphones when not speaking as courtesy to those at home and to those here.
Congratulations to Ryan Duncan for earning the 2007 Hoby Baker Award,
He thanked all of the people who worked on the 4th Annual Community Easter Egg Hunt at the Alerus, there were over 22,000 eggs, 4,000 prizes and nearly 4,000 attendees and wonderful to see how this progresses.
April 8 - 14, 2007 is National Public Safety Telecommunications Week and thanked all in the community who serve in that role.

2.1 Application for abatement for 2005 and 2006 taxes by Leotta Anderson, 707 22nd Ave.S.________________________________________________________________
There were no comments.

2.2 Application for exemption of remodeling improvements to commercial and residential buildings at various locations._____________________________
Brooks noted that items 2.1 and 2.2 are also for abatements and improvement
exemptions.

2.3 Request to divide uncertified special assessments on property at 2423 Pembrooke Dr. and 2445 Pembrooke Dr. for various projects by Circle K. Builders, Inc._____________________________________________________
There were no comments.

2.4 Initial resolution authorizing the issue of GO Bonds payable from the Public Building Fund for multi-department public safety building.________________
The city auditor reported this is a procedural item because under State Statute if we are going to use this as a source and if determine later when the bids come in and we continue with it, there is a requirement to put this out and a 60-day protest period for the public; that this is a notice of it and does not mean that these bonds have to be issued.

2.5 Application for Class 5 (Hotel/Motel Alcoholic Beverage) license from Canad Inns GF, Inc. (Canad Inns Destination Center GF), 1000 S. 42nd St._________________
There were no comments.

2.6 Application for Class 1 (General On/Off Sale Liquor and Beer) license from Brad Beauchamp dba Lucky's Green Room, 308 DeMers Ave._____________________
There were no comments.

2.7 Requests by businesses to serve alcohol in conjunction with outdoor café seating
a ) Toasted Frog, 124 North 3rd Street
b) Bonzer's, 420 DeMers Avenue ________________________________________
Bill Vasicek, Community Safety Coordinator, stated that members of the Northern Valley Safe Communities Coalition believe there is an underage drinking problem in our community and also believe the city council has a huge responsibility to the well being of our youth when it is asked to authorize special permission to liquor establishments conducting business in our community. He provided some survey results on figures and accessibility of alcohol by minors - that in May 2006 the EGF/GF Mayor's Task Force on Alcohol issued its final report and the primary goal was to reduce accessibility of alcohol to minors and recommended the cities of East Grand Forks and Grand Forks through elected leadership advocate a clear and positive stance on reducing the accessibility of alcohol to minors in the community through public efforts. The Coalition asked the community and leaders to take a pro-active approach when making decisions that may have a negative effect toward our youth, to create clear boundaries in order to keep alcohol out of the hands of our youth.

Council Member Glassheim asked if we have any rules or standards about distances and how much of the sidewalk can be used to avoid pedestrian clashes with seating. Mr. Swanson stated that particular issue relates to the placement of chairs and tables on the sidewalk which goes to the Downtown Review Board, that there are standards that the council adopted several years ago as to how much of the sidewalk can be used for the placement of tables and chairs and other appurtenances on the sidewalk, but what is before you is whether or not the locations would be allowed to serve alcohol on their public right of way.

Council Member Gershman stated that the restaurants/bars that want to put tables out but there will be no consumption unless they are seated at a table, that those who have requested this stated that, and thinks this is going to take Grand Forks entertainment to another level and if abused by the restaurants/bars will argue that it goes away. He reminded people that we had a campaign last fall that shows that 65% of the alcohol that minors get is from family and friends, 7% comes from the industry, should be 0%.

Council Member Kreun stated he appreciates comments as a reminder to us, but the responsibility still lies with owner/operator of that establishment, same rules still apply whether outside or inside and thinks they will be scrutinized to a higher degree when it is outside and visible.

Council Member Brooks thanked Mr. Vasicek for reminding us about situation and problems that we have in terms of underage drinking, and keeping that in the limelight.

Council Member McNamara stated he appreciates comments and that Service/Safety Committee has done a tremendous amount of work with server training and compliance checks and confident this will be executed as it is supposed to be; and reminded community that in this community 80% of the alcohol problems that we have are from underage drinkers that get alcohol from family members and friends, and that is the next thing we have to turn to in the Service/Safety Comm. and make sure that we remind everybody that is the biggest problem in this community.

2.8 Consideration of bids for Project No. 6026, Dist. 626, paving Columbia Park 32nd Addn. and Project No. 6033, Dist., 628, paving S. 38th St. (north property line of Lot 7, Blk. 1, Columbia Park 27th Addn. to Southend Drainway)____________________
There were no comments.

2.9 Create special assessment district for Project No. 6137, Dist. 631, paving and street lighting for Countryview 4th Resubdiv._____________________________________
There were no comments.
2.10 Create special assessment district for Project No. 6133, Dist. No. 93, overlay Sunbeam Addn. east of Belmont Road._______________________________
There were no comments.

2.11 Request to design and bid Project No. 6140, watermain on N. 36th St. for UND's corn research site. (See Item 2.16)_______________________________________
There were no comments.

2.12 Consideration of bids for Project No. 6070, Temporary Traffic Signal at 11th Ave.S. and S. 42nd St.___________________________________________________________
There were no comments.

2.13 Transient Merchant license exemption for Grand Cities Art Fest Event.
There were no comments.

2.14 Public Works Department - Wastewater division lagoon rehabilitation material bid.
There were no comments.

2.15 Central Parking Ramp repairs.
Council Member Gershman stated the bids for repair were rejected because over-budget, that they have discussed improving the central parking ramp because of new developments downtown, to add security cameras, painting and lighting, and that the Parking Authority doesn't have a lot of money, and suggested that Mr. Hoover and the city auditor find some funds to do the necessary repairs.

Greg Hoover, urban development director, reported that he and the city auditor have been in discussions and so far haven’t found any funds; and updated council re. repairs: they received bids from various vendors on security cameras and bids ranging from $45-$50,000; painting for the ramp is $49,000 for the steel, and another $46-47,000 for the ceilings but have not done a lot of checking on that and that may come in lower; are undertaking repair to the fire alarm for $67,000 and have $85,000 in budget that they could use this year but are coming back to the Finance/Development or Service/Safety Committee later for prioritizing of those issues.

2.16 Request from University of North Dakota for approval of an agreement to lease four-acres of city-owned land located in the northwest corner of Auditor's Subdiv. Number 28 for the purpose of establishing a maize research field. (See item 2.11)
Council Member Kreun asked that if they were to lease this land for $1.00 for 5 years
why would we be paying the real estate taxes and the special assessments. Mr. Swanson stated the lease is with the State of North Dakota and would be tax exempt entity, either in the hands of the City or the State; not sure if there are assessments - that not all properties have special assessments; that he didn't know what the arrangements were; that it is property owned by the City, the lease is terminable by written notice or in the event of an emergency and if the council chooses to negotiate or change, it is up to them. The city auditor stated they would review the assessments.

Mr. Kreun questioned why not asking for more than $1.00 - 28 acres. Brad Gengler, city planner, stated the purpose of establishing that in the lease was to get it in front of the council for discussion and if council chooses could identify a different rent. Mr. Kreun stated they also have another issue that may not be germane to this lease, but an issue with how we are being paid our dike maintenance portion through the University and would like to have that taken care of before we go into another lease.
Mr. Gengler also stated they are in a similar lease agreement with adjoining property owner to run cattle which was approved in 2002 for $1.00, 5-year lease, similar to how this lease was structured with a termination of September of 2007. Council Member Christensen questioned lease for $1.00 for adj. property where running cattle; and that these are some issues they should resolve.

2.17 Request from Advanced Engineering on behalf of City of Grand Forks for final approval of Replat of Lots 9, 10 and 11, Block 3, Anderson's Subdiv. extension of Blocks 1, 2 and 3 to the city of Grand Forks (loc. at 49th Ave.S. and Rivers Edge
Drive________________________________________________________________
There were no comments.

2.18 Request from Advanced Engineering on behalf of City of Grand Forks for final approval of Replat of Lots A through E, Baukol's Subdiv., (loc. at Alpha Avenue South).______________________________________________________________
There were no comments.

2.19 Request from Advanced Engineering on behalf of City of Grand Forks for final approval of the replat of northeast 110 ft. of Lots 1, 2, 4, 5 and 6 and the northeast 105 ft. of Lot 3 and vac. 4 ft. of N. 2nd St. adj. thereto, Blk. 24 of subdivision of Blks. 16, 17 and 24, Grand Forks proper, Grand Forks County, D.T. North Dakota (loc. at DeMers Ave. and N. 2nd St.)____________________________________________
There were no comments.

2.20 Request from the City of Grand Forks to vacate parts of N. Second St., 1st Ave. N., Riverboat Road, and easements between Blk. 24, Town of Grand Forks and Auditor's Resubdiv. No. 13._______________________________________________
There were no comments.

2.21 Request from Pribula Engineering on behalf of Lavonne Adams for final approval of plat of Shadyridge Estates Seventh Addn. (loc. at Adams Drive and Shadyridge Court). ________________________________________________________________
There were no comments.

2.22 Petition from Lavonne Adams for approval of an ordinance to annex portions of Shadyridge Estates Seventh Addn. (loc. in vicinity of Adams Dr. and Shadyridge Court)._______________________________________________________________
There were no comments.
2.23 Request from Ulteig Engineers on behalf of McDonald's Corporation for final approval (fast track) of the Plat of McDonald's Addn. (loc. at 4340 Gateway Drive).
There were no comments.

2.24 Request from Gary Molstad on behalf of North Dakota Concrete Products Company for preliminary approval of Plat of Molstad's Second Addn. (loc. at N. 42nd St. and 16th Ave.N.)_______________________________________________
There were no comments.

2.25 Request from City Planning Department for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from A-1 (Agricultural Preservation) District and to include within the R-1 (Single-family Residence) District, Auditor's Resubdiv. No. 40 (loc. along Belmont Road and Belmont Court).
There were no comments.

2.26 Gateway entry feature.
There were no comments.

3. INFORMATION ITEMS

3.1 Portfolio Management/Summary Report ending March 31, 2007.
Information only.

6. MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Brooks stated they have tabled the discussion on tax abatement for two weeks, and would urge the 4 council members that wanted more information, if think they need to get a work session for additional information.

2) Council Member Glassheim stated item tabled for further information on national figures of towns with two hospitals, regional cities with two competing hospitals and local community response and any other information of value we could use to make a rational decision on the economic development likelihood of a second hospital and owe it to people who attended to say why it was tabled.

3) Council Member Kreun stated re. hospital issue, that the council does not decide if there is going to be another hospital in this town, only deciding on an abatement based on criteria and we should stick to that particular process, that question had been asked why are we considering this when someone makes an application, we are required by law to give it due diligence and by public hearing and make sure gather all pertinent information so comfortable with decision we make.

4) Council Member Gershman stated it was suggested that we have a work session, that he doesn't agree with that, that we are at the point where each council member has certain issues that they might have questions about and can ferret those out ourselves; this is a contentious issue in this community and would plead with the citizens of our community that we have a principled discussion about the principles of this, not about personalities, not accusations but keep the level high on civility so we can make our decision based on what we find the facts to be, and feels we will definitely have a vote two weeks from tonight.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor