City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 5, 2010

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, April 5, 2010 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun (teleconference) - 6; absent: none.

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.

Brownie Troop 687 led the city council in the pledge of allegiance to the flag, Mary Glessner, leader.

Council Member Christensen reported present.

Mayor Brown commented on various items during the past week and upcoming events:
That regarding our quick and thoughtful and thorough response by our health officials and Grand Forks Humane Society officials want to say thank you, emergencies do happen and sometimes best we can hope for is a good response in order to save lives and property.
Thanks to the Alerus Center for hosting the Easter Egg Hunt for the community and surrounding region, nice event and treat for many families in our area.
Reminder that tomorrow night is the Dancing with the Stars Fundraiser for Special Olympics at the Empire Theatre, please come and show your support.

FLOOD UPDATE

Al Grasser, city engineer, reported this is flood wrap-up as well as flood update, that the flood is pretty much over for us and showed quick review - that most of our tributaries are not in flood stage, flooding now is going on in the main stem and is down to moderate levels and even to minor levels. He showed several maps of hydrograph of recession curve for the river, that we are at 37.5 ft. right now and that most of our flood stations have been deactivated and are back on gravity flow, with couple exceptions, one being English Coulee pump station and that will be turned off in next couple days. He showed map comparing three different floods showing hydrograph of the water, 1997, 2009 and 2010 and interesting to see on beginning of the flood how rapid our rise was this year compared to many of the other years and total volume of water we dealt with this year will be less than 1997 or 2009 - This year was unusual from perspective of earlier on - in March Weather Service was predicting cool, wet spring which led them to believe early or mid April flood event but got unexpected warm stretch the middle of March. He showed series of slides provided by Weather Service and informed why this flood event that we were very fortunate and had almost a perfect melt because of the amount of snow we had from causing any more problems. An early event is much preferred to staying cold and getting a rapid warm-up the middle of April.
He complimented city staff, particularly Todd Feland; mayor's office and Rick Duquette. He stated re issues only thing remaining is greenway and Melanie Parvey and Kim Greendahl are working on greenway issues and will be opening as appropriate, and will be making announcements through the Info Center and also acknowledged them for their assistance.

NATIONAL PUBLIC HEALTH WEEK
Mayor Brown reported that April 5 - 11, 2010 is National Public Health Week and read proclamation whose theme is a Healthier America, One Community at a Time, and policies that place emphasis on prevention and support of strong public health infrastructure.

Don Shields, public health director, recognized Public Health Champions and showed short video on Healthier America, One Community at a Time. Mayor Brown distributed plaques to the following Public Health Champions, to be a public health champion have to be a resident of Grand Forks County, promote principles of public health, collaborate with community partners to promote public health and improve life, promote a positive image in the Grand Forks County and demonstrate creativity and leadership, and enhance the image of public health and increase awareness of public health issues in our community:
Dr. Eric Johnson, physician consultant for the North Dakota Tobacco Quitline at the University of North Dakota School of Medicine, that he has worked tiredly to enhance tobacco cessation services for residents of ND and as an advocate for smoke free ordinance in Grand Forks and is a family medicine physician and assistant medical director for Valley Memorial Homes.
Jane Croeker, works at UND as a health promotion's advisor and on many committee coalitions including the Grand Forks Tobacco Free Coalition, Northern Valley Dental health Coalition and Health University of North Dakota.
Delbert Streitz, Grand Forks Public Health Department emergency response coordinator and is part of a regional response team, is part of planning team that Public Health has a role in planning for everything from H1N1 vaccination to our role in flooding.
Julie Ludwig, community resource coordinator at Valley Community Health Centers in Northwood and Larimore.
Valley Health Community Health Center Dental Clinic was established in 2007 and dedicated personnel at the Clinic have served more than 3,000 patients in preventative and restorative dental care services.
Approx. half of all the patients are under the age of 16.
Simmons-Flint - that in May of 2009 worked with the tobacco prevention program on leading a campaign to educate the public on the dangers of secondhand smoke.
Grand Forks County Public Schools, the H1N1 virus took second stage and many of the children and adults in the community were infected and Grand Forks County Schools opened their doors to residents to facilitate mass vaccinations clinics, School and Public Health personnel worked together to vaccinate more than 1600 children and adults at 9 school sites: the Public School Districts in Grand Forks County are Emerado, Grand Forks, Larimore, Manvel, Midway, Northwood and Thompson.
Terri Keehr, 2010 award winner, worker of the year.

YOUTH COMMISSION REPORT

Ben Paulette, senior at Grand Forks Central High School, thanked the Mayor for allowing them opportunity for having a voice in the community. Some of their activities this year were getting surveys out asking what activities they would be interested in as locally kids generally think that there's not much to do in this town but that is not true; found out about Wellness Center, about parking issues in the city, lot of students from school have problems with parking, civic parking lot is taken and few spots in the parking ramp and leaves two-hour parking; and is positive thing having the Youth Commission to be able to talk about these things, problems that high school and jr. high school students encounter because without getting positive atmosphere that they need. He stated he attended the State of the City address and that Mayor did very good job and as a senior and after economy classes, social service classes, etc. and realized how great it was and how optimistic our community is, and thanked them for that and for allowing them to have a youth commission.. Mayor Brown thanked him and that we want your input in this community as they are important part of the community and want this to be a place where you want to live, and not where you want to leave.

ADOPT ORDINANCE NO. 4290, AMENDING SECTIONS
13-1102 AND 13-1103 OF THE GRAND FORKS CITY
CODE RELATING TO INDOOR SMOKING REGULATIONS

An ordinance entitled "An ordinance amending Sections 13-1102 and 13-1103 of the Grand Forks City Code relating to indoor smoking regulations", which had been introduced and passed on its first reading on March 15, 2010, was presented and read for consideration on second reading and final passage.

Mayor Brown opened the public hearing and several citizens addressed this issue:
Ray Dohman, rural Greater Grand Forks, stated he was against the proposed tobacco ordinance.
Jane Croeker, 1010 Campbell Drive, supported the tobacco free ordinance.
Jim Whitehead, professor at UND in Physical Education Exercise Science & Wellness, but not speaking for UND, but advocate for students, supported work place safety for students who work in areas where smoking is allowed..
Jim Porter, 3596 Prairie Drive, stated as advocate for the no smoking ordinance
Dwight Wrangham, representative from Coin & Tavern Assn., spoke against adoption of the ordinance, choice of freedom, drop in revenues for business and also tax revenues, and presented information to the council
Henry Howe, 2309 Chestnut Street, this is an issue of public health and urged council to pass ordinance.

Mayor Brown closed the public hearing.

Council Member Christensen moved for adoption of the introduced ordinance (Version B), seconded by Council Member Glassheim.

Council Member Gershman stated in consistency with any issues related to alcohol or those related to tobacco requested to be recused from voting on this matter, with motion by Bakken and Christensen to approve. Carried 6 votes affirmative.

Council Member Glassheim presented several amendments to the introduced ordinance and asked that each of the amendments be drafted by the city attorney and be considered separately: #1) to change the five (5) feet from the entrance to fifteen (15) feet; #2) to permit service, smoking and alcohol, though no food, on patios; #3) to allow smoking and service of alcohol, but no food, in detached shelters which may be no more than 50% enclosed; #4) to change the effective date from November 1 to August 1, 2010; and #5) to postpone consideration of the exemption for hotels/motels in order to give them a chance to be heard - to move ahead with what we have but to look at it in the future and allow them a chance to be heard. Council Member Christensen seconded the amendments to the ordinance.

Council Member Christensen asked that the order of the amendments be changed to allow #5 first, then consider item #1 and then #4, and to combine items #2 and #3.

Relating to the item of hotels/motels Howard Swanson, city attorney, stated that as he understands the suggestion is that the council would not be taking any action and that it is not germane to a discussion of an amendment to the ordinance that is before council. He stated that there would be no change to the draft ordinance that now has a motion for final approval with the amendments, could make a change to the ordinance with a later implementation date for that and would be appropriate but to say that not going to include it in the ordinance may be appropriate to have separate discussion item but not as an amendment. Council Member Christensen stated in light of that, withdrew his second.

Council Member Christensen stated he would support increasing the distance from 5 to 15 feet as it will become germane to a termination as to areas where smoking is permitted assuming we come up with some definition of the shelters be enclosed areas, etc. but in reviewing the ordinances provided by Mr. Swanson from Fargo, West Fargo, etc. that it seems that if going to allow smoking in a certain area, should expand the area where it is prohibited in the permitted area so wouldn't cause the smoking to pass into the prohibited area.

Josh Gilleland, Gilly's Bar and Grill, asked if they consider the downtown businesses, esp. those that are able to build patios where people will have to go out on the public right of way, sidewalk, that 15 ft. outside of Gilly's would put them in front of Caulfield's (adjacent business) and if Caulfield's would be comfortable with that and would put them outside of the control of their security staff. Council Member Glassheim stated he had a concern about using the public right of way for sit-down smoking where people would have to pass through, and by liberalizing the other part of his amendments in other areas of the patio where smoking can occur, hoped to accommodate smokers there but not on the public sidewalk. Mr. Gilleland stated that 20% of his clientele would be about 80 people that would go in and out the front doors onto the sidewalks and be required to be 15 ft. away from the front door, that the patio permit they have, seating is gone by 9:00 p.m. and that after that hour people standing on the sidewalk.

Council Member Christensen stated that the 15 ft. would apply to all businesses because the ordinance stated that it applies to all public entrances to businesses. It was noted that they wouldn't be able to smoke in front of that business as that is also a public building, and that would require them to utilize the "butt hut". Mr. Swanson stated that under current code have 5 ft. where you cannot have smoking at any entrance to a public place or place of employment, there are other ordinances in our Code unrelated to tobacco usage that would control what you can or cannot do in the public street.

Upon call for the question to amend the ordinance relating to changing the five (5) feet from the entrance to fifteen (15) feet, and upon roll call vote, the following voted "aye": Council Members Glassheim, Christensen, Bakken, Kreun - 4; voting "nay": Council Members Bjerke, McNamara - 2; Council Member Gershman recused. Mayor Brown declared the motion carried.

Amendment #4 was presented to the council for consideration: to change the effective date from November 1 to August 1, 2010, motion by Council Member Glassheim and seconded by Council Member Christensen. Council Member Bakken moved to amend the amendment from August 1, 2010 to September 1, 2010, seconded by Council Member McNamara. There was some discussion and a friendly amendment to the motion to change the date to August 15, 2010. Upon call for the question and upon roll call vote, the following voted "aye": Council Member McNamara, Glassheim, Christensen, Bakken, Kreun - 5; voting "nay": Council Member Bjerke - 1; Council Member Gershman recused. Mayor Brown declared the motion carried.

Amendment #2 was presented to the council for consideration: #2) to permit service, smoking and alcohol, though no food, on patios. The motion was moved by Council Member Glassheim and seconded by Council Member Christensen.

Mr. Swanson stated he understood what Mr. Glassheim was moving for an additional amendment was to permit the service, sale and consumption of alcohol on designated smoking patios for bars, and his advice when he asked about the smoking shelters was that if smoking shelters be if you were going to define it should apply to all public places and places of employment and not be limited to the definition of a bar. He stated that this particular amendment by Mr. Glassheim - that understands that he was intending to do was to amend subsection f) which would allow outdoor areas of a bar holding a Class 1 or 3 license to have designated outdoor smoking areas but believes that he was saying is that he wanted to change to allow the sale, service and consumption of alcohol on those designated smoking areas - so the primary change would appear on page 78, subsection 2.

Council Member Christensen stated he understood the sale, service and consumption and can't support that amendment, but could support consumption of an alcoholic beverage but not sale and service because counterintuitive to him because if dealing with public health issues, do not want an employee to go into that area and take order and delivers them, that if they want to bring their drink out from the bar, okay, but can't support the amendment as explained by Mr. Swanson. Council Member Glassheim stated his preference is to treat it as public health and not allow smoking to get to employees, but his understanding of the science of smoking in open air is that the public health dangers and effects are not as well defined and not as well proven; and is not sure that protecting employees is as big an issue as it is with enclosed areas, was trying to accommodate the needs of smokers while not seriously hazarding employees because of the open air nature of a patio. Mr. Swanson stated one other change would be required and that would be definition of a bar, 13-1102, subsection 1, also refers to the area in outdoor areas where alcohol would be sold served or consumed, depending upon. The motion would be essentially a change to Version B, Version A of the ordinance did not allow any sale, service or consumption of alcohol in the outdoor designated smoking areas by a bar. Version B relaxed that to allow alcohol to be taken out (similar to West Fargo ordinance).

The amendment by Council Members Glassheim and Christensen is to permit service, smoking and alcohol consumption but no food on patios.

Council Member Kreun stated we are trying to accommodate business owners as best as possible but has had two business owners of Hospitality Group indicate that its more work than what its worth and they would rather not have any alcohol brought out into the "butt hut" and would support that it is just a smoking "butt hut" and not be able to serve or consume alcohol in the "butt hut", and moved to make that a motion that there no alcohol consumed in the smoking patio. Council Member Christensen seconded the motion.

There was some discussion as to difference in patio or "butt hut", and Council Member Glassheim stated that "butt hut" is enclosed by some degree to either 50 or 75%, and a patio is not enclosed. Council Member Kreun stated that they should be the same, if able to smoke in the "butt hut" otherwise can't smoke where you are serving alcohol or food.

Council Member McNamara excused (now on teleconference).

Mr. Swanson stated his understanding of the amendment, that a bar owner under our Code would have to designate an area that cannot be in the public right of way or an area to consume alcohol, by designating that outdoor area as an area to consume alcohol it can also be designated as a smoking area. By this amendment they could not designate that as part of their licensed premise where alcohol could be brought out, could be sold, served or consumed.
Mr. Swanson stated only word of caution, do not confuse in information provided to you re. smoking structures with the question of designated areas where alcohol can be sold, served or consumed, is smoking allowed - because the smoking structure is not limited to a bar, there are manufacturing facilities, other facilities in this community that have structures and would anticipate that if you are going to define what that structure is, you would extend that definition across the board to all public places and places of employment so the discussion about "butt huts" and bars is not entirely accurate because you control in your licensing ordinance, what outdoor areas will or will not be considered part of a licensed premise, and that is incorporated in your definition of a bar. They are really two entirely different things.

Upon call for the question of the amendment by Council Members Kreun and Christensen to prohibit sale, service or consumption of alcohol on any exterior designated smoking patio, sidewalk, etc. for bars, and upon roll call vote, the following voted "aye": Council Members Christensen, Kreun - 2; voting "nay": Council Members Bjerke, McNamara, Glassheim, Bakken - 4; Council Member Gershman recused. Mayor Brown declared the motion defeated.

Upon call for the question of the amendment to the ordinance by Council Member Glassheim and seconded by Council Member Christensen to allow sale, service and consumption of alcohol on outdoor designated areas of bars but would not allow the service of any food in those areas. Council Member Christensen withdrew his second. Council Member Bakken seconded the amendment; and upon roll call vote the following voted "aye": Council Members Bjerke, McNamara, Glassheim, Bakken - 4; voting "nay": Council Members Christensen, Kreun - 2; Council Member Gershman recused. Mayor Brown declared the motion carried.

Amendment #3 moved by Council Member Glassheim and seconded by Council Member Christensen was presented to the council for consideration: #3) to allow smoking and service of alcohol, but no food, in detached shelters which may be no more than 50% enclosed.

Council Member Glassheim stated he had changed his mind about allowing service in "butt huts" and would like to define a "butt hut" and that it must be 50% open but no consumption or service, only protected area for smoking. He stated his motion is that in smoking shelters there be no alcohol or food served in smoking shelters but smoking only and that they be a minimum of 50% unenclosed or open to the air. Council Member Christensen seconded the motion with a caveat, that we direct staff to come up with a definition of the permitted area because it is going to affect everything in town and that get this information and bring that to us within a month for review. Council Member Glassheim accepted the caveat and that this would apply to bars and any other business.

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Glassheim, Christensen, Bakken, Kreun - 4; voting "nay": Council Members Bjerke, McNamara - 2; Council Member Gershman recused. Mayor Brown declared the motion carried.

Council Member Bjerke stated that issue of third hand smoke was also brought up, that there are still going to be employees of businesses exposed to second hand smoke and third hand smoke even though ordinance passed, that there are going to be several bars in town that won't have patios because of their physical location and that they should be allowed to have smoking area, and moved that any bar that is physically unable to have a patio, deck, etc. be allowed to have a smoking room. The motion died for lack of a second.

Council Member Bakken stated concern that if allow business to build a smoking room at great expense, and now have changed our mind and should do a five-year sunset to allow them to recoup some of their cost, and moved an amendment to allow Big Sioux to continue to use their smoking room with a five-year sunset. Council Member McNamara seconded the amendment. Upon call for the question and upon roll call vote, the following voted "aye": Council Members Bjerke, McNamara, Bakken - 3; voting "nay": Council Members Glassheim, Christensen, Kreun - 3; Council Member Gershman recused. Mayor Brown voted because of the tie vote and voted No, and declared the motion failed.

Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Glassheim, Christensen, Kreun - 3; voting "nay": Council Members Bjerke, McNamara, Bakken - 3; Council Member Gershman recused. Mayor Brown voted to break the tie, voted Yes, and declared the motion carried and the ordinance adopted.

RECESS

The city council recessed for 5 minutes at 7:25 p.m. while audience left the chambers.

Council Member McNamara excused.
Council Member Gershman reported that Council Member McNamara had left meeting and was on the teleconference because of a scheduled appointment and would try to get back to the meeting.

ADOPT ORDINANCE NO. 4291, RELATING TO MANUAL
ON UNIFORM TRAFFIC CONTROL DEVICES

An ordinance entitled "An ordinance amending Section 8-0103 of the Grand Forks City Code relating to Manual on Uniform Traffic Control Devices", which had been introduced and passed on its first reading on March 15, 2010, was presented and read for consideration on second reading and final passage.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.

HOLD PUBLIC HEARING ON APPLICATION FOR TAX
INCREMENT FINANCING EXEMPTION ON PROPERTY
AT 615 1ST AVENUE NORTH

The staff report from the city assessor relating to public hearing re. tax increment financing exemption request by Dakota Commercial & Development Company for proposed civic place at 615 1st Avenue North, with recommendation to hold the public hearing and consider a property tax exemption pursuant to NDCC Section 40-5820(11).

Mayor Brown opened the public hearing.

Mel Carsen, city assessor, reported that tonight was public hearing on their request for five-year 95% property tax exemption on Civic Place, that he proposes to demolish the civic auditorium, that the land is provided to him and he plans to build a 50-unit apartment complex plus some commercial space that he would occupy, the notice has been published as required; that other taxing entities, Grand Forks County, Park District and Grand Forks School District, have been notified of this hearing together with his report. He reported that his report did not address that this is a slum and blighted area designated a number of years ago and that hurdle has been covered, and that the Finance/Development Standby Committee met and recommended a 95% tax exemption for five (5) years, so it would be assessed at a 5% rate for five years, and that is contingent on if in fact the eligible costs, defined in law, were give that much of an exemption, and appears that they would, and are sufficient to give a five year 95% exemption. That if they find out later that was not the case, then the fifth year would have to be trimmed back. Some of the eligible costs, major one is demolition of the building itself, and Mr. Ritterman has proposed to demolish that and that is an eligible cost but the cost of that demolition is not known at this time. The taxes are estimated in the neighborhood of $106,000/year but that could fluctuate and depends on the appraisal he does after the building is built; and that the city attorney had concern that they should address each one of the criteria in the policy.

Mr. Swanson reported that the tax increment financing policy that was recently adopted by the city council requires you to consider an application under certain review criteria, and in this case because we're dealing with slum and blighted area, the criteria identified as a. through n. The policy does not require written findings for each of those criteria on the slum and blighted project, thinks it would be appropriate if the council is at least aware of the criteria and there should be some evaluation of the project based upon that review criteria.

Council Member Gershman stated that in the conversations at committee and looking at the criteria, not sure that we haven't discussed everyone of them. Council Member Christensen stated what they should use as far as the criteria; and reviewed items of criteria that will impact slum and blighted area.

Council Member Glassheim stated that in the future would hope that staff would provide these written responses before it comes to committee and council with the written analysis so can evaluate.

Mayor Brown closed the public hearing.

It was moved by Council Member Gershman and seconded by Council Member Glassheim to approve the recommendation of the Finance/Development Standby Committee. Upon roll call the following voted "aye": Council Members Glassheim, Gershman, Christensen, Kreun - 4; voting "nay": Council Members Bjerke, Bakken - 2. Mayor Brown declared the motion carried.

APPROVE FUNDING FOR UNMANNED AERIAL
SYSTEMS BUSINESS DEVELOPMENT INITIATIVE

The staff report from the director of urban development relating to Unmanned Aerial Systems Business Development Initiative, with recommendation to allocate $25,000 per year for five years from Fund 2163 to the Grand Forks Region Economic Development Corporation for the Unmanned Aerial Systems Business Development Initiative.

Mayor Brown thanked the EDC for their leadership and to BRIC, etc. for leadership in this area.

The city auditor reported she had visited on this issue with Mr. Hoover and they recommend that in 2010 rather than using cash carryover for the City's contribution be transferred from already budgeted JDA Administrative Operating Expense in Economic Development Fund. Beginning in 2011 and ending in 2014, $25,000 will be budgeted as a line item in Economic Development Fund. Council Member Gershman stated he would make that as a motion, seconded by Council Member Glassheim.

Council Member Bjerke moved an amendment to the motion that on the first council meeting in May from 2011 through 2015, that the EDC report back to the city council a yearly report on the anniversary of each year of this matter, seconded by Council Member Christensen.

It was noted that the EDC does give the City a report once a year, and incorporate in the report in mid-May and probably no need for a motion.

Council Member Christensen stated he was concerned about funding another staff position, that when this came out of the Growth Fund there was supposed to be a recommendation and input from the EDC as to what this position would do and what we expect this person would do and have not had that report and we are being asked to fund the position; to check our budget, 2163, and see the amount of money that we have allocated for projects to fund on behalf of economic development in this community, that there is about $450,000 available for projects but have to ask ourselves what is our source of money to fund projects, and how much money spend on administration and have $25,000 less to do deals, and what expect to get out of this position and how long will it continue.

Council Member Gershman stated we had presentation two weeks ago, and that he requested that the presentation be e-mailed to everybody, and that we need to continue to make investments in our future rather than just sit back and assume that things are going to happen, and thinks we can vote on this and move forward.

Mr. Thiessen thanked council for their support and would be happy to report back in a year.

Upon call for the amendment to amend the motion to have the annual report with line item explaining the appropriate information. The motion carried 6 votes affirmative.

Upon call for the original motion, as amended, and upon voice vote, the motion carried 4 votes affirmative, with Council Members Bjerke and Christensen voting against the motion.

Council Member Glassheim stated this is commitment we are making and generally future councils honor commitments made by past councils, and could be changed but at this point we are committed to five years unless a future council changes it.

EXTEND BOARD OF EQUALIZATION MEETING

The staff report from the city assessor requesting to extend the City Board of Equalization from April 13, 2010 to April 19, 2010 at 5:30 p.m.

It was moved by Council member Bjerke and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.

APPROVE AWARDING CONTRACT FOR PROJECT
NO. 6517, 2010 CONCRETE STREET REPAIRS

The staff report from the engineering department relating to bids for construction of Project No. 6517, 2010 Concrete Street Repairs, with recommendation to award contract to low bidder, Q3 Contracting, inc. in the amount of $230,017.50.

It was moved by Council Member Bjerke and seconded by Council Member Glassheim that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

APRPOVE AWARDING CONTRACT FOR PROJECT
NO. 6514, 2010 CITY SIDEWALKS

The staff report from the engineering department relating to bids for Project No. 6514, 2010 City Sidewalks, with recommendation to award contract to low bidder, Q3 Contracting, Inc. in the amount of $119,276.25.

It was moved by Council Member Bjerke and seconded by Council Member Glassheim that this recommendation be approved. Upon roll call the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the contract awarded.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT
NO. 6460, DISTRICT NO. 639

The staff report from the engineering department relating to creating special assessment district for Project No. 6460, District No. 639, paving 30th Avenue South from South 20th Street to South 25th Street, 31st Avenue South from South 20th Street to South 23rd Street and South 23rd Street from 30th Avenue South to 32nd Avenue South, with recommendation to create the assessment district, approve the engineer's report, including estimate of cost, an assessment district map and further that we direct engineering department to prepare detailed plans and specifications for construction, and that we declare intent to sell bonds to finance these improvements.

Council Member Bjerke introduced the following resolution creating the assessment district, which was presented and read: Document No. 9257 - Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 6460, District No. 639: Document No. 9258 - Report.

Council Member Bjerke introduced the following resolution of necessity, which was presented and read: Document No. 9259 - Resolution.

It was moved by Council Member Bjerke 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. 6460, District No. 639, be accepted and adopted. Upon roll call the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.
APPROVE APPOINTMENT TO CIVIL SERVICE
COMMISSION

The staff report from Mayor Brown relating to appointment to the Civil Service Commission, with recommendation to approve appointment of Wayne Burlog to the Civil Service Commission for a three year term.

It was moved by Council Member Bjerke and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.

APPROVE EXEMPTION TO CODE TO ALLOW
HELICOPTER TO LAND AND TAKE OFF WITHIN
CITY LIMITS AT HANDS ON LEARNING EVENT

The staff report from the Public Information Center, Special Events, relating to exemption to the City Code ordinance for permission to allow a helicopter to land and take off within city limits at the Hands on Learning Event, April 17, 2010, with recommendation to deny request for exemption of ordinance 9-0202.

It was moved by Council Member Kreun and seconded by Council Member Bjerke to grant the request for exemption of the ordinance and city council allow the helicopter to land and take off within the city limits for one day exemption for Hands on Learning Fair, April 17, 2010. The motion was seconded by Council Member Bjerke. Carried 6 votes affirmative.

APPROVE SPECIFICATIONS AND SOLE SOURCE
PURCHASE OF CELLEBRITE RUGGEDIZED FORENSIC
SYSTEM

The staff report from the police department relating to Cellebrite Ruggedized Forensic System specifications and sole source request, with recommendation for approval of specifications and sole source purchase including cellular phones and personal data assists in the amount of $8,073.00

It was moved by Council Member Bjerke and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.

APPROVE 2010 BUDGET FOR RIVERSIDE POOL

The staff report from the Environmental Compliance/Greenway Manager relating to Riverside Pool budget for 2010, with recommendation to approve the 2010 budget for Riverside Pool.

Council Member Gershman reported that last week the matter of donated fund money which is supposed to be the first money used for the shortfall, that he reviewed the Joint Powers Agreement and that is correct but that he talked to Mark Walker, asst. city engineer, and we do have sufficient money in the construction account of approx. $20,000 and that we can honor the Joint Powers Agreement and can use that money to buy some of the furniture; and moved approval of the recommendation. The motion was seconded by Council Member Glassheim.
It was noted that the city council had authorized $1,100,000 for the pool with approx. $20,000 remaining in that account that can be used for the pool, and as they wanted some amenities there (tables, chairs and lounge chairs, etc.) and would use the donated money but Joint Powers Agreement doesn't allow that but have sufficient money and staff put out $1,050,000 and still have balance to improve the pool, with est. cost for amenities of $12,000 to $15,000.

Melanie Parvey, Environmental Compliance/Greenway Manager, reported they had spent $5,000 for some equipment this year.

Howard Swanson, city attorney, stated they would have to follow City's procurement policy, not necessarily bids but would be solicitation and quotes.

It was moved by Council Member Christensen to approve subject to City's procurement policy, secure bids and bring to the Finance Committee for review. This recommendation was acceptable to Council Members Gershman and Glassheim.

Upon call for the question and upon voice vote the motion carried 5 votes affirmative, Council Member Bjerke voting against the motion.

APPROVE MATTER OF WIRELESS COMMUNICATION
PREMISES SITE LEASES

The staff report from the director of public works relating to matter of Wireless Communication Premises Site Leases Consent to Assignment of Agreements, with recommendation to approve the Site Lease Consent to Assignment of Agreement from WWC Holding Co. (Alltel) to AT&T Mobility LLC and Wireless Alliance, LLC (WALLC) to T-Mobile Central LLC (T-Mobile).

It was moved by Council Member Bjerke and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.

APPROVE FLEET VEHICLE BIDS FOR PUBLIC
WORKS DEPARTMENT

The staff report from the director of public works relating to Public Works Department fleet vehicle bids, with recommendation to approve overall bid for Public Works Department vehicles bid as follows and per attached bid tabulation, including trade-ins:
2 4x4 1/2 ton pickups for street department from Rydell Auto Center in the amount of $38,240;
3 4x4 1/4 ton flex fuel pickups with plow package for street (2) and public transit (1) departments from Hatton Ford in the amount of $68,377;
1 4x4 3/4 ton flex fuel pickup with plow package for CGgarage from Luther Ford in the amount of $20,615;
1 front wheel drive midsize sedan for public transit from Hatton Ford in the amount of $13,822; and
1 1-ton extended cab pickup for engineering (electricians) paid out of WW, WWtreatment, water treatment, stormwater budgets from Luther Ford in the amount of $14,670.

It was moved by Council Member Bjerke 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.
INTRODUCE ORDINANCE RELATING TO EXEMPTIONS
FOR FLOOD CONTROL AND GREENWAY CHARGES

The staff report from the director of public works relating to flood protection and greenway service charges, with recommendation to approve the flood protection and greenway service charges exemption amendment as per ordinance.

It was moved by Council Member Bjerke and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.

Council Member Bakken introduced the ordinance entitled "An ordinance amending Section 15-0612(5)(C) of the Grand Forks City Code relating to exemptions for flood control and greenway charges", which was presented, read and passed on its first reading.

INFORMATIONAL ITEMS

The Statement of Changes in Cash Balances as of February 28, 2010, were presented for council's information.

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 10-07, dated March 31, 2010, totaling $2,040.004.92 and Estimate Summary dated March 31, 2010 in the amount of $630,271.14, were presented and read.

It was moved by Council Member Bjerke and seconded by Council Member Bakken 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, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES MARCH 15, 2010

Typewritten copies of the minutes of the city council held on Monday, March 15, 2010 were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Bakken that the minutes be approved as read. Carried 6 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Bjerke presented several issues to council for consideration: 1) requesting that Mr. Duquette set up an agenda for the budget, times and dates of meetings, and list of topics, with first council meeting in May would be appropriate. 2) That once everyone is insured and problem with Medicare is fixed, wants to know need for charity care, including the following questions: that since Altru receives a large property tax exemption, when was the exemption last passed, when does it expire, can it be rescinded early and by what facts or findings is this exemption based upon, what is the value of this exemption, and is requesting Altru to attend the meeting when they discuss, and also requesting discussion that is related and involves the County and Altru, that the County spends $1.12 million annually to subsidize ambulance services in the County of Grand Forks. Altru receives approx. $862,000/ annually in subsidy for ambulance, and wants to know that this is another subsidy for health care and how this is involved since the County and the City are now subsidizing health care and wants discussion on that and council needs to look at in light of changes is it appropriate to continue with large exemptions. 3) property tax on State land, referring to EERC, and in general that particular area, and would like staff to accumulate a list of all private businesses on State land, that if they pay property tax and if don't, why, State law, city ordinance, some type of city council exemption, if so, when did it start and when will it end, or are we just not requiring them to pay taxes. That he would like the Altru issue and the property tax issue as part of budget proceedings. 4) request the mayor to direct city staff to meet with appropriate county staff and staff of the judicial branch as it relates to prisoners, community service offenders and juvenile offenders to study feasibility of involving those people in public works projects, many of these people are already working around town, and asked the mayor to refer that to Mr. Duquette and when staff gets that information, bring it to the Service/Safety Committee.

2) Council Member Bakken suggested looking at city-wide sales tax of one percent for street repairs, sewer repairs, water and a way of relieving special assessment burden, should be studied and looked at, other cities have done it, got funding and got rid of specials.
He also stated he would like to discuss dropping the committee of the whole and change meetings to 5:00 p.m., which would be more convenient for everyone.
He brought up matter of helicopter rides over Easter holiday, which isn't under our authority but would like the FAA to know that people in his area didn't like helicopters coming over every 20 minutes at tree-top level.

3) Council Member Gershman stated he plans to bring that issue back on April 12 at COW to discuss eliminating that meeting and structure and having meetings start at 5:00 p.m.

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

Respectfully submitted,

Saroj Jerath
City Auditor

Approved:
________________________________
Michael R. Brown, Mayor