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Minutes/Committee of the Whole
Monday, February 28, 2005 - 7:00 p.m.

Drew Rustin, 4th grader at Ben Franklin School, winner of the "If I Were Mayor for a Day", opened the Committee of the Whole meeting on Monday, February 28, 2005 at 7:00 p.m. in the council chambers in City Hall and asked for roll call. Present at roll call were: Council Members Brooks, Hamerlik, Glassheim (teleconference), Gershman, Christensen, Kerian, Kreun - 7; absent: none.

Mayor Brown reported that out of 140 essays, Drew Rustin's was the best, and read the essay; he thanked "Mayor Rustin" for his participation and for being mayor for a day.

SUSPEND AGENDA

Hamerlik moved to change the agenda to include item 2.14 (smoking ordinance) after items 2.15 and 2.16, Kerian seconded the motion. Carried 7 votes affirmative.

Christensen moved that because of the number of people in the audience, mostly here for the smoking ordinance, asked that we consider item 2.14 as first item on the agenda. The motion was seconded by Brooks. Carried 7 votes affirmative.

Mayor Brown announced that when addressing the committee to please come forward to use the microphone for the record, and advised that the meeting is being televised live and taped for later broadcast.

Mayor Brown commented on various events held during the past week and upcoming events:

Congratulations to Red River and Central High Schools for great hockey tournament.
He announced that this summer the City of Sarpsborg, Norway will be celebrating the bi-centennial of Norway's peaceful dissolution from Sweden and in commemoration there will be a peace convention in the city of Moss, and also a youth peace convention, and that the mayor of Sarpsborg has extended an invitation to two of our young people to attend the conference this summer, that the City of Sarpsborg and convention organizers will pay for two people, ages 18 to 23, to attend the convention and be lodged for the duration, the two people will have to pay their air fare and other costs, but perhaps can work that out with some local groups to off-set that cost, and asked for young people from ages of 18 to 23 to send an application to the Mayor's Office and answer a set of questions about peace studies and how people from Grand Forks are affected and how we can play a role - information will be released tomorrow by the Public Information Center.
Congratulations to the Alerus Center and staff for successful concert last Friday.
Reminder that the Mayor's Annual State of the City address is next Wednesday, March 9, at the Alerus Center at 11:30 a.m., open to the public at no charge, a lunch will be served and there will be a charge for that; this is a way to communicate with our residents and give people resources to communicate back with city government. He stated he appreciates the work the city council and whole city government have done over the past year and good time of reflection and looking forward. The address will be broadcast several times.

2.14 Matter of ordinance relating to smoking in public places.
Kerian stated that members of the community have been working on this for some time and have an opportunity to bring to the community discussion about the smoking ordinance; the purpose of this ordinance is to protect people from second-hand smoke in the workplace and public places, that it does not prevent and is not intended to keep anybody from smoking who chooses to smoke. She stated that government has the responsibility to protect workers from second hand smoke, and stated comments from tobacco company that the public should be guided by the conclusion of public health officials re. health effects of second-hand smoke in deciding whether it should be in places where non-smokers are present or where anybody is present. Senate Bill 2300 has passed the Senate but has not passed the House and may not fit what this community requires, the Bill calls for implementation in bars in 2007 but restaurants sooner, and asked the council to consider this and provide for additional community conversation, and the soonest this body would be able to act on an ordinance is a month and would have better idea of what would be passed by the Legislature.

Kim Monson, member of the Grand Forks Tobacco Free Coalition, presented short video "Straight Talk" about positive effects on businesses when laws are passed to make all businesses smoke free.

The following individuals presented their views in favor of the ordinance:
Jeffrey Holm, 2810 Belmont Road
Reyne Armbrust, 806Walnt Street, science teacher at Red River High School
Dr. Patrick Devig, physician, Altru Clinic
Melissa Austreim, student at UND
Dr. Eric Lunn, 96 Rivers Edge Dr., physician
Geoff Swanson, 3334 Primrose Ct., student at Red River High School
Codie Kramer, student

Howard Swanson, city attorney, stated that the ordinance has not been introduced, and it is his understanding that it was Ms. Kerian's intent that this ordinance be presented for consideration and discussion, and if that lends itself to questioning of draftsmanship he is open to answer any questions, and if it allows itself for amendment at a future date, his office would be able to provide whatever drafting of amendments or additional language that council members may wish.

Hamerlik stated the council has been very foresighted regarding smoking, these public city buildings have been smoke free before he was on the council, and when opening the Alerus in 1994 a no smoking ordinance was adopted for the Alerus Center.

Christensen stated the time has come for the community to discuss at what level, if any, we will allow smoking to continue in public facilities and what exemptions will they allow to exist, and for those seeking exemptions to be heard. He stated the State Legislature is soon to take up Senate Bill 2300, which passed the Senate within the last two weeks, and prohibits smoking throughout the state, in bars and in restaurants, with few, if any exemptions, bars given until August 1, 2007 before prohibition, and that bill may lift this from all of us and about only question we would have as a council would be to approve or not some of the exemptions in the statute. He stated there are some issues that other people have to be allowed to present, that the ordinance will be introduced on Monday and hopes that would give the rest of the people who would choose to present some of their reasons why they should or shouldn't be exempt - wants to see what happens in Bismarck.

Kreun stated in the Senate Bill and in this particular draft, has problems in area of penalty phase,
why put responsibility of penalty on business owner, that the person violating the law should be the one paying the penalty; and suggested that Mr. Glassheim look at that - his recommendation would be to switch penalty clause around so person violating law be penalized.

The following individuals presented their views in opposition to the ordinance:
Jim Price, owner, Southgate Mall
Linda Price, owner, Cigar Lounge, 2524 South Washington Street
Michael Williams, 1118 1/2 North 3rd Street, Apt. F

Christensen questioned Section 13-1101 Findings of Fact and Purpose, in the proposed ordinance and suggested they have the data to support each and every point set forth in the ordinance so make decision that these facts are the facts. He stated the proposed ordinance can be put before this body without any of these findings of fact and make a policy decision. He stated that exemptions should apply and if have premise that is designed for sale of tobacco products, think seriously about exempting the business - and that council review the state law to see if there are other exemptions they want to think about. He stated that he does not favor smoking in public places and would support an ordinance to prohibit smoking in public places, but very concerned that we don't give those with an opposing point of view or reason to have some exemptions, to have the opportunity to be heard.

Mr. Swanson stated he had prepared a reference list for the findings that appear in 13-1101, information re all of the studies that were reviewed are available in his office; the draft was created at the request of Ms. Kerian and modeled after city of Bloomington, MN, he has reviewed additional municipal ordinances, etc. which are in his office and are available for review. He stated if anyone interested in redrafts let him know.

Brooks stated you don't need studies to show that smoking will harm you, those who are in favor of the ordinance need to understand that laws are not the only answer, have number of businesses in town that are smoke free, and need to recognize those and support those, can't support ordinance as it is, and need to work with city across the river.

Council Member Gershman stated he believes that second hand smoke is bad, that he believes that exemptions are necessary. He stated he has couple concerns with the ordinance, re. smoking being prohibited within 25 ft. of an entrance, who would enforce it, and the other is asking any person who smokes in an area where smoking is prohibited to refrain from smoking and ask the person to leave and use other means which maybe appropriate to obtain compliance. He also stated he has concerns whether he will be able to vote for this or not because of conflict - that he is in the liquor business, sells cigars, cigarettes.

Hamerlik stated he couldn't support portion of ordinance because of findings of fact and purpose, is not necessary in the ordinance.

Glassheim stated that once talk about smoking can kill you and others, appropriate role of government and has obligation to put that into law, even if tobacco legal substance.

Christensen suggested they take the time to get on the website and look at Senate Bill 2300, would like someone to engraft the definitions from the state ordinance into this ordinance and see if any of the exemptions are in the state bill, ask Coalition to look at to see "how they feel about them", and give thoughts on pros and cons, hopes most council members will support an ordinance that will prohibit smoking in public places and how define those, that we give the bar an opportunity as to when they have to become compliant as State legislature is doing by giving them to August 1, 2007.

2.1 Resolution authorizing call for outstanding Sales Tax Revenue (Foreign Trade Zone) Bonds, Series 1995E.
There were no comments.

2.2 Change Order #1 for English Coulee dredging.
Mr. Grasser stated they are trying to improve flow of the Coulee, has been built up over years by cattails, etc. and not carrying water away and causing some problems according to Columbia Mall manager, in wintertime have some concerns re. safety aspect - they expected when dug the trench it would fill with water and freeze level and return to normal condition in wintertime, but water levels are low and have vertical walls exposed, they threw snow back in so that kids or small animals wouldn't fall into the trench, change order will create step or ledge along one side of the coulee so should small animal fall into coulee have opportunity to crawl out, and in the spring should rectify itself.

2.3 Consideration of bids for Project No. 5728, 2005 Forcemain Valve
Replacement._____________________________________________
There were no comments.

2.4 Create special assessment district for Project No. 5767, Dist. 610, paving S. 20th Street from 36th Ave. S. to 40th Ave. S.
Council Member Gershman stated in looking at the special assessment district
that half of it is in the affordable housing district, and if could write this so that
those homes qualifying for affordable homes would be able to not pay the 27% but pay the 15%. Cindy Voigt, asst. city engineer, stated that for an affordable housing district there is a process for that and was not done on this project. Gershman noted that this is not the affordable housing district, but that there are going to be affordable homes in that area. The city auditor stated that what they do is start out with the project at full 27% but then as the buildings qualify, reduce that to 15% because don't know which of the properties will have the value. Gershman stated that he wants that in here because that is not what is stated. Mr. Grasser stated they understand concerns and will re-write recommendation and add language they are looking for.

2.5 Plans and specifications for Project No. 5672, paving 55th Ave. S. (Belmont Road to Cherry St.)_______________________________________________
There were no comments.

2.6 Plans and specifications for Project No. 5778, Dist. 437, storm sewer for Southbrook Addn.______________________________________________
There were no comments.

2.7 Plans and specifications for Project No. 5776, Dist. 436, sanitary sewer for Southbrook Addn._______________________________________________
There were no comments.

2.8 Plans and specifications for Project No. 5777, Dist. 284, watermain for Southbrook Addn.______________________________________________
There were no comments.

2.9 Plans and specifications for Project No. 5779, Dist. 612, paving in Southbrook Addn._________________________________________
There were no comments.
2.10 Application for moving permit to move dwelling from 7596 Gateway Drive, Swangler's Auto Wrecking, to 1217 6th Ave. N._________________________
There were no comments.

2.11 Vehicle bid for Health Department.
There were no comments.

2.12 Transient merchant license exemption for Grand Cities Art Fest event.
It was noted that those vendors are set up to collect sales tax, and fees have been
waived in the past. Laurel Bartlett stated ArtWise will be June 11 and 12, 2005, and there will be about 150 vendors and another 20 food vendors.

2.13 CDBG Program Support resolution.
This will come up at council meeting and people can make comments.

2.15 Beautification Program.
Hamerlik stated year or so ago there was a line item for study/planning to be
done, $1500, for after effects of the flood. Keith Lund, Urban Development, stated that was converted to a project and were not able to get it done last year, is still on the books.

Hamerlik stated the program needs some type of coordination and some people have indicated that it might be good to have citizen-type/volunteer-type coordination and asked if there were any comments. Mr. Lund stated in the new program description they have contemplated new way to go about planning projects, in the past at end of the year would get together and solicit ideas from the public and other organizations and run those through and gain concurrence from the Beautification Committee and bring to council; now proposing going through brain-storming process early in the summer and asking for project ideas from organizations and individuals, and have the Beautification Committee, which is a citizen-type committee, rank and prioritize those projects and upon ranking, invite higher ranking projects to submit detailed plans, leaving it up to UD staff to determine feasibility, the level of support needed for the project, and bringing that through to city council, they would have public meetings and announcing those meetings early in the summer to gather community input on beautification projects.

Hamerlik stated he was thinking of a volunteer coordinator to help put the whole beautifi-cation program in the city. Mayor Brown stated they have Ken Polovitz volunteering for that position.

Gershman agreed that Ken Polovitz should be the coordinator for this as he has been involved in beautification in the community for many years, and would like to say that he wouldn't like us to lose sight of one thing - Gateway beautification - would rather see a comprehensive 5-year plan for Gateway Drive and dedicate all of the beautification money to that and get it done because if do piecemeal, never going to beautify that area, a mill is $104,000, and dedicate that to a comprehensive plan of Gateway Drive and over period of 4-5 years get it done.

Mr. Lund stated money for 2005 has been allocated but projects not awarded, are waiting until this body adopts the revised policies and procedures and then advertise, money allocated to budgeting process but not solicited projects. Hamerlik suggested 2006, because they deferred action for one year for the report, probably could put some aside for this but do something this summer with the money that we have and plan for 2006.

2.16 Plan for 2005 HOME Funds and reallocation of 2004 HOME Funds.
Gershman asked how many pamphlets we have left for the affordable housing
programs. Mr. Lund stated they have good supply and new income guidelines that were revised by HUD and printing new ones, will have ample supply for the Home Show. Gershman asked council what they would think of having matching funds of $15,000 where developers of the affordable home districts could match that fund to advertise their properties because there are communities around this area that are advertising housing developments and thinks Grand Forks should be competitive in that - would recommend $15,000 to match and have program in the spring that could be matched by the developers and theme would be "Grand Forks, your next home" - should market it and have matching funds on that. Kreun stated they are in the process with the Promenade Subdivision, have a marketing plan put together in conjunction with the Forx Builders Show and if wanted to combine any of that, that would be the time to do it - have radio ads coming up and some signs in town, handouts and materials going for Promenade and will be big push at Home Show. Gershman stated he would like the matching funds to go to the Housing Authority - Greenberg Development, Crary Development, those people have stepped forward and if had a full court press for a few months to promote Grand Forks housing, would get benefit back in taxes and benefit of people getting into a home. Kreun stated they have a small marketing budget with a firm and could incorporate that. Gershman stated he would talk to Mayor and Mr. Duquette to see if find some funds and bring it to council and do quickly.

2.17 Metropolitan Opera House.
This item was returned to staff for further consideration.

3. INFORMATION ITEMS

3.1 Attendance report for council and committee of whole meetings for period July 1 through December 31, 2004.__________________________________
Hamerlik asked if any of the absences were for city businesses should include as
present, the city auditor stated we would note that. Hamerlik asked why the mayor wasn't included. The city auditor stated relates to council and not mayor. Council stated it would be easy to add. Brooks stated there was a discussion about the mayor and council voted on keeping attendance records for ourselves and couldn't vote on that for the mayor. Gershman questioned the T (teleconference) being included in the report, because you are at the meeting and can vote and much more difficult to be on the telephone. The city auditor stated it was asked by council members to add the T on the report; and we will report in whatever format council wishes. Mayor Brown stated the council is to be congratulated on a 97% attendance record.

6. COMMENTS BY COUNCIL

1) Brooks stated that Red Lobster has gone smoke free, and thanked Marilyn Hagerty and Rona Johnson with Grand Forks Herald because have done lot of publicity and helped some of these restaurants.

He stated that Mark Lautt's obituary was in the paper today, that Mark ran against him in 2002 election, age 35, that he had battled some medical conditions all his life, and sympathies to his family.

2) Council member Kerian stated she has a granddaughter who is one year old today and said happy birthday to Avery Rose..

7. ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor