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Minutes of the Grand Forks City Council/Committee of the Whole
Monday, March 27, 2006 - 7:00 p.m.__________________________

The city council met as the Committee of the Whole on Monday, March 27, 2006 at 7:00 p.m. in the council chambers in City Hall with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Kerian, Kreun - 6; absent: Council Member Christensen - 1.

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:
He stated what a week - the UND Writers Conference, ArtWise, Grand AM basketball, music convention and record setting NCAA Hockey Tournament, and thanked everyone who was involved as an organizer, sponsor, participant or fan; and good luck to the Sioux as they head to Milwaukee, and that they have our support.
Thanks and congratulations to the UND Chapter of Phi Beta Lambda, esp. Rachel O'Shea, who spearheaded the project and the 6th graders at Schroeder Middle School who collected over 600 stuffed animals to be utilized by emergency service agencies in Grand Forks and East Grand Forks.
The State of the City speech will be this Thursday at the Alerus Center, luncheon will start at 11:30 a.m. and speech starting about 12:00 noon, everyone is invited or can watch it on Channel 2 or read from the Internet; good time to talk about where going as a city and what we want our community to look like in the next 5, 10 or 20 years.

2.1 Application for abatement for 2005 taxes by Jeffrey and Joan Schiele, 715
N. 4th Street. _____________________________________________
There were no comments.

2.2 Application for abatement for 2005 taxes by David Simons, 1057 Selkirk
Circle_________________________________________________________
There were no comments.

2.3 Application for exemption of remodeling improvements to commercial and residential buildings.______________________________________________
There were no comments.

2.4 Application for transfer of Class 1 (General On/Off Sale Alcoholic Beverage) license from Dagwood's, Inc. to KDJMBD, LLC, at 425 N. 42nd Street._____
There were no comments.

2.5 Historic Preservation Commission appointments.
There were no comments.

2.6 Pension and Insurance Committee appointment.
There were no comments.

2.7 Advisory Study Committee.
The city auditor reported that in State Statute there is legislation that requires an item to
go on the ballot every five years if have not had an advisory study committee to look at government function of local government, this was done in 2000-2001 with recommendations to go from 14 members to 7 members and have not had report from that time - the Statute says you have a choice of either placing the formation of an advisory study committee on the election in June or if the council decides they are going to form that advisory study committee, 5 member committee, that precludes it from having to go on the ballot in June, they discussed this at a work session and it was the consensus of the council that formation of the committee seemed to be what to do and to look at things. Council Member Brooks stated his understanding was to act on that next week and recommending the appointment of the advisory study committee.

Council Member Kerian stated should have an avenue for citizens to give input into what they think we need to look at, have discussion after decision about this. Council Member Hamerlik stated it is important that we have good participation from community and get feedback.

2.8 Request from Robert Haskins, Student Body President, and Chris Braden,
Government Affairs Commissioner._________________________________
Chris Braden and Robert Haskins presented proposal and asked for cooperation
and help, that Springfest is an annual event, and explained their plan for this year and what looking for from council. Springfest changed drastically with the development of the permit system in the Park District, and that had a chance to develop an event that not only was beneficial to the Student Body but something that the City and University could be proud of and something that University administration would come back to this event and eventually become a sponsor of it again, that Springfest in the beginning was sponsored by UND Student Government and UND Programming Council and completely funded by that organization and that is something in the future they want to be comfortable doing again. The plan is that they have contracted with Suite 49 to become the sponsor and promoter of the event, risks associated with Suite 49 and not with city government, the council, Park District, police department and they are okay with that and embracing that. That they would like to completely fence off the traditional area used for Springfest, the southeast corner of the park, and would have a snow fence provided by Suite 49 which would go around the entire area of the park, and on the inside a second fence and within that fence is where all the alcohol would be provided to those who are 21 years of age, and are creating a beer garden atmosphere, two exits, one entrance where identification would be checked and only those allowed to be in there would be 21 years of age, and are asking from council is to allow those students and citizens to leave that area and be able to interact with those who are under the age of 21, need council's permission to grant a variance to one of the city's liquor's laws regarding beer garden situation - asking because Springfest is traditional event at the UND, time where students have one last hurrah and one last goodbye to friends who are departing for the summer, graduating, etc. and student body is so diverse that there aren't people who just have friends that are over the age of 21, don't want to be segregated and want them to be able to celebrate end of the year and need help to do that. This plan has been developed from a very basic plan 5 months ago, and to a point where all steps are coming into play, all agencies have been involved, working with Mr. Duquette, Chief Packett, the Park District, Pete Haga and had conversations with Council Member Hamerlik, Council Member Brooks about this event.

They stated responsibility and all the risk is associated with Suite 49, they are going to have 30 to 50 volunteers, most coming from the Grand Forks Air Force Base, that will run a perimeter grid where about every 15 ft. would have a security guard, there would be wristbands, anyone under the age of 21 would have an orange wristband and anyone over the age of 21 would have a green wristband, and if anyone having an orange wristband had obtained alcohol would immediately be removed from the park and be delivered directly to a Grand Forks police officer for processing and any action they deem appropriate.

Council Member Brooks stated this is a committee of the whole and won't be taking any action tonight and voting next week, and what has happened here is that the Student Body and Student Government have stepped forward and put this together, that it is going to be here one way or the other, and congratulated them for the work they have done in bringing this forward.

Council Member Hamerlik requested our attorney to look over the materials, and what our risks are in allowing or disallowing, and if there is going to be a contract between those other parties would we be involved in some way so that we at least see them. He stated in last Sunday's Grand Forks Herald and in papers for last few weeks, session tomorrow night at the Chester Fritz, re. underage drinking - assume they made that request based on the deliberations, should they make that request, and has a question of the Park District when the time is appropriate.

Council Member Glassheim stated there will be an inner circle where they will buy alcohol, and outer circle where sit, and how get soft drinks. Mr. Haskins stated they are looking into that talking with Coke and Pepsi distributors and want to make sure there are non-alcoholic beverages provided and if anyway possible, free to the people that would like them.

Mr. Warcup stated agenda item is pretty slim as background information and wasn't aware of what the plan was as far as controlling the beer garden area and allowing people of age outside of the beer garden area and would need to do more research on that.

Plan participants showed location on a map where areas would be located, beer garden controlled by one point of entry and two points of exit, where i.d. checking would be and point of entry into the main park area so that no outside containers would be allowed, allowed to bring Frisbees, etc. chairs, areas set aside for outside vendors to come in, Suite 49 would be responsible for contracting with outside vendors. Music venue where portable entertainment stage is and food vendors set aside along University Avenue and in parking area. Bathroom area, safe rides home: Park Board has stated they would provide bathrooms, the safe rides home would be something they would look into, Student Government sponsors a program that provides taxi rides for students as long as provide student i.d. for a $1.00 and that is something they would expand on for that day and would provide safe rides home; are providing for safety and binge drinking and accomplish a lot of that - paying for alcohol at that event will curb binge drinking, and there will be employees of Suite 49 that have training and specific training to realize when someone has had too much to drink and they will be responsible to refuse them right of service so controls binge drinking, and also control the underage drinking by not allowing any alcohol in, the Park Board's permit system does that by not allowing any alcohol to come in, the underage drinking that happens outside of the park will have to rely on an educational system.

Council Member Kreun asked how this became a legal portion of our jurisdiction because these rules were written by the Park District and if it is because we enforce those rules, and have we done this before in nature of their asking if co-mingled and had a beer garden. Mr. Warcup stated the City would be involved in this through the City's alcohol permit process, Springfest organizers are requesting a special site license for Suite 49 to serve alcohol in the park, license would need to be approved by the city council before that would be permitted, and not sure the City has done this before but his knowledge is not extensive on other licensees or events. Kreun asked if we can do this legally if we give the exemption; Mr. Warcup stated that under the current City Code the special site license goes before a number of departments, fire, police, city attorney's office, and various departments give approval or disapproval, the city council would have final say on whether the special license is actually granted or not and if council were so inclined, would be possible.

Council Member Kreun stated that the University is a major component in our community and have to co-exist and with this type of activity and has become more organized but one of the concerns is the neighborhoods, and let this activity take place under co-existence and that is our goal, don't want to say you can't do this because it is going to happen anyway and if can do together and make it work is willing to look at something of this nature. Mr. Haskins stated that the students present is small representation of students that are willing to cooperate and work for the compromise and have a Springfest that is down the middle of the road.

Council Member Gershman stated that he will not be voting on this because of his business, but commented that in 2000 or 2001 the city had an all class reunion where all of the classes that have graduated from Red River and Central came back and there was co-mingling there, and have done it in some aspects, do it everyday in restaurants; and will not profit from this event and that Suite 49 is going to do it and is a very reputable business and they are not going to risk their license but also have insurance that they have to transfer to the park and are going to be extremely vigilant, and that he supports the proposal but cannot vote for it.

Council Member Hamerlik asked if there was some concern that since they can't bring anything to the park but what if they have already had it and if some controls and hopes they look at that, and another area about how does this affect the smoking ordinance, if problem when it is in the open, and asked attorney to look at that.

Council Member Brooks stated hours are going to stay the same as in the past - (11:00 a.m. to 5:00 p.m. and park closed at 6:00 p.m.) and next week vote on this and looking for a timeline. Mr. Warcup stated there has not been an application for the license and in fact not anything to act upon to approve or disapprove a license.

Mr. Duquette stated the application process works with the police department, the city attorney's office and approved administratively, and this group is asking council to authorize a variance related to our alcohol ordinances allowing the co-mingling, and thinks the council through resolution or through motion could simply do that and will take care of the balance of details with the normal application process.

The city auditor suggested he would like to get application and if can process it as soon as possible it helps them a lot. Mr. Haskins stated it could be processed tomorrow, and Suite 49 wants to process it as soon as possible because in order to get the amount of volunteers they will need have to do that now, have volunteers from the Air Force Base but need a lot more to make sure this event goes off the way they have planned.

2.9 Kindness Animal Hospital annexation.
Council Member Kerian expressed appreciation for legal representative and Mr.
Kreun and others who helped go through this mediation process and ended up with a positive result on 32nd. Council Member Kreun stated it was a good process to go through and learned some points about annexation, the owner of Kindness Animal Hospital was amicable to work with, started at 9:00 in the morning and finished shortly after 6:00 p.m. - that both had a position to try to bring forth and came out quite well.
2.10 Consideration of bids for Project No. 5840, 2006 Watermain Replacement.
Council Member Gershman stated that in the report the background states that verbal
references were received from engineering companies and thinks it might be prudent as we continue and that we should get more things in writing from the City and to the City and have a paper trail; using this as a platform. Ms. Voigt stated that typically almost all calls are logged with name/address and record of whom they talked to, calls also logged even if they don't give their name, etc.

2.11 Location list for Project No. 5902, 2006 Sidewalk Repairs.
There were no comments.

2.12 2007 Transportation Enhancement Project request to NDDOT.
Council Member Gershman stated that none of our projects were high enough at the State
level to be funded but that awhile ago he brought up the project for DeMers and Washington trying to put some screening there at the railroad (that project out of 16 items was ranked #16), $28,540.00, that corner is the busiest corner in the State of North Dakota and probably one of the ugliest, would like to get that onto a planning meeting but appreciate having discussion about it. He stated they have some beautification money, and if took some of that money for this and came up with a plan, that have new business, an empty building and then the railroad which looks terrible and not going to get any cooperation from the railway, and would like to have discussion.

Council Member Brooks suggested this go to one of their work sessions or to the finance/ development committee to look at what funds we have - put that on the agenda and proceed with it that way.

2.13 Revision of the 2007-2011 Urban and Regional Program Project request to the NDDoT and request for advertising for engineering services, Project No. 5988, paving 40th Ave.S. (S. Washington St. to S. 20th St.)_______________
No comments.

2.14 Consideration of bids for Project No. 5671, Point Bridge Preservation Project._____________________________________________________
No comments.

2.15 Three-way construction engineering services agreement for Project No. 5671, Point Bridge Preservation Project.____________________________________
No comments.

2.16 Architectural Services Agreement for Project No. 5969, Northside Fire Station expansion (1015 North Columbia Road).____________________
Council Member Hamerlik asked if part of the plan was to have a rear entrance
because of the Columbia Road and 10th Avenue traffic, esp. at game times. Fire Chief O'Neill stated their request tonight is for an architect to start plans for expansion on the northside fire station, one of the driving issues is the proposed lighting of Columbia Road, but no schedule as yet, proposes to take up 17 ft. of their driveway, they have 3 bays that exit out onto Columbia Road, and showed location of turning lane, bikepath, and that one of their short fire trucks that they respond from comes from station would be sitting across the bikepath. That now they have concerns about getting into the station when swing through this to back in and have to struggle with the traffic, and what they propose and suggesting that they put a couple bays back of the station where they could pull into the parking lot off 10th and swing around and back in. He stated beautification is a big part of this project, that they sit in the front of the Bronson Properties and Columbia Road fire station doesn't fit the décor of that area, and proposing as the roof leaks to put standing seamed roof on top of this building along with doing a facelift on the entire building to include new brick or at least color the brick. He stated their fire station is a responsive station for hazardous materials and goes out into the County from this station and busting at the seams, their hazardous materials equipment is sitting in three different locations and this would be able to consolidate it.

Council Member Hamerlik asked if they were anticipating any more equipment being there by having two more bays but using part of that for hazardous equipment. Chief O'Neill stated that for the hazardous materials response equipment would be reallocated to those 3 bays that currently exist and response vehicles would move over onto the west side. Council Member Hamerlik stated that several years ago they did some updating because of gender, and how many areas do they have now for women in comparison to men and if that will be changed. Chief O'Neill stated they have 5 individual sleeping rooms, neutral as far as gender, either could be placed in each of the separate sleeping rooms.

Council Member Kerian stated that some time ago there was some discussion about where we need fire stations in the community, and what analysis have they gone through to say that this does need this kind of expansion. Chief O'Neill stated they have discussed this many times within the fire service and looked at insurance services office ratings and how to triangulate the different areas for response and would like to be able to reach every area within 4 minutes, that tomorrow discussing at public safety/service committee a training center consolidated between fire, police and also mosquito control and also propose to put a fire station at that area at some point, it overlays with the northend fire station very well and the only other area would be the southeast section of the city and that would be more residential type of a need. When proposed at one point moving this station farther west - for couple different reasons and wasn't sure that we were going to have the ability to establish a fire station in Industrial Park and have become committed to moving out there at some point and would like to convince the council of that need; the other reason would want to stay here would be if we want to assist with the EGF needs for fire service, would cross Kennedy Bridge from this station, and if moved this out farther west would be of no value if we were ever to assist with anything on the East Side. There is also the question of the University, the University does not pay taxes for their fire protection but we do provide fire protection for the University of North Dakota and this station is located ideally for the high life hazard that you have to include dorms, sororities and fraternities at the University.

Chief O'Neill stated the RR is not going to move out of the city of Grand Forks and it causes a lot of problems, the tracks that cross 42nd are probably crossing that area 15% of the time that that is blocked off to them; no matter where they locate a fire station they are dealing with the railroad, and they believe with a fire station in Industrial Park and this fire station where it is located and knowing the train schedules and being alert will get across the tracks in a very timely manner; they have been caught by tracks many places in Grand Forks and sometimes not so pretty. Council Member Hamerlik stated the 42nd Street underpass would take care of that. Chief O'Neill stated he would like to see an underpass or overpass there.


2.17 Amendment #3 to engineering contract with Webster, Foster & Weston for
Project No. 5230, Telemetry Upgrade.________________________________
No comments.
2.18 Plans and specifications and use of Greenway Betterment Funds for Project No. 5869, Lincoln Drive sledding hill parking lot and lighting.____________
Council Member Gershman stated he and Council Member Kreun attended
meeting at Lincoln Park warming house with residents, very positive meeting, neighbors supported this parking lot; lot will have 32 spaces, will be lit with landscaping, nice amenity for kids and parents; will be blocked off in the summer.

2.19 Plans and specifications for Project No. 5987, 47th Avenue S. and Washington Street forcemain bypass interconnect._____________
No comments.

2.20 Bids for Project No. 4648.8 Water System Improvements: Bid Pkg 2, Water
Facility access and Site Lighting Improvements.________________________
No comments.

2.21 Design engineering services agreement for Project No. 5983, Rehabilitate Pump Station No. 8._____________________________________________
No comments.

2.22 Naming Greenway Southend Boat Ramp - Lincoln Landing.
Council Member Gershman stated he talked with some people who were involved and would encourage you to support the Lincoln Landing - tells people exactly where it is and even some people in that area that were upset about the boat ramp contacted him saying it was very nice; long process and thanked council members for their support a couple years ago to hold back and get used to the park, and very happy about the boat ramp in the northend and southend; and East Grand Forks added one on Red Lake River and one on the Red River in downtown and fishing people have some great spots.

2.23 Budget amendments - Police Department:
a) COPS Interoperable Communications Technology Grant
b) Grant funds reimbursement for building lease for Narcotics Task Force
c) Department of Justice Block Grant #9 _____________________________
Council Member Kerian asked re. item b) if a lease already in effect and if that is a one-year lease - and asked for info at next meeting. Mr. Duquette made note of that.

2.24 Public Works Department - Street Division payloader bid.
No comments.

2.25 Surplus property - Cities Area Transit.
No comments.



2.26 Request from CPS, Ltd. on behalf of Arthur Greenberg, Jr. for preliminary approval of plat of Columbia Park 28th Resubdivision, being a replat of Lot 3, Block 1, Columbia Park Addn. and unplatted lands south thereof. (loc. in 4300 block of 36th Ave.S.)___________________________________________
No comments.

2.27 Grand Forks Flood Protection Project, acquisition of real estate from Suellen Bateman. (Pursuant to NDCC 44-04-19.1 and NDCC 44-04-19.2 the City Council may convene an executive session for attorney consultation and/or to discuss negotiating strategy or provide negotiating instructions to its attorney or other negotiator).________________________________________________
Council Member Hamerlik moved to adjust the agenda and to place this item at the end of the agenda if the council went into executive session; Council Member Kerian seconded the motion. Carried 6 votes affirmative.

3. INFORMATION ITEMS

3.1 Statement of Changes in Cash Balances as of 2/28/06.
Information only.

4. CITIZEN REQUEST

Nancy Joyner, 702 Belmont Road, stated she was here in 2002 and is back to talk about the dog park, have an advocacy group called The Roaming Paws and have over 40 people that have been involved over the past 4 years and would like to know where they are going with it and when start using it; that they have been working with Greenway and Park District, etc. but haven't concluded anything and that is why it is taking so long, they looked at hydraulics and water flow with fencing, etc.; the flood protection area is the next thing they would need to be looking at if they stay with the wet side of the dike.

Council Member Kreun stated they have been looking at the wet side of the dike for a park and there are couple areas they have been looking at on the wet side of the dike that haven't been very conducive and maybe some other areas that they can look at as well but the Park District has lots of land and asked if have they been working with them, and we will work with them as well, that looked at 24th and 34th and that they have some soccer in that area too but not conducive for soccer as well because there is zero parking, but could that be adjusted and dealt with, have they been looking at that. He also noted that as soon as they get one park, there is going to be a need for two and should have one on each end of the community; the Humane Society is developing one out there, but lot of people don't want to drive out there and then walk their dog., want to be somewhat close and would encourage them to continue working with the Park District.

5. CITY ADMINISTRATOR COMMENTS

Rick Duquette, City Administrator, stated he had attended a conference in Minneapolis re. organizational dynamics and management and succession planning, that they are predicting that organizations in government, federal, state and local, will see major changes in staffing levels in next 5 to 8 years, that the baby boomers are retiring; and will see some dramatic changes in retirements, in applicants they have and are seeing that now, that they get very limited number of applicants for executive level positions, seeing much more portability of their professional positions - nurses, police officers and engineers, the private market is very attractive to them, and add to that the average age of employees, 47 years, and see a lot of institutional memory and knowledge go out the door in the next few years. He stated during next budget process will ask for assistance to begin managing and planning for this for the next few years; thinks it is important to prepare our organization to do that, and thinks need to bring some smart people in to help us and thinks it is critical for this community; and in addition to the succession planning thinks it would be a good chance to look at what they do in service delivery, do we want to do the same things or change how we do things and wrap that all together over the next year in 2007.

6. MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Brooks stated they passed the conditional use permits for the salvage yards and coming up on some deadlines on that in terms of some things that have to be done and asked for an update. He stated the second item he has and doesn't know that he agrees with Chief O'Neill in his comments and as looking at the city, we have RR tracks all over this town, 42nd, down Washington, going across downtown, out along DeMers, that we have built 2 overpasses at considerable cost and looking at underpass, will need some other ones, and doesn't know how we address it and will leave that with the mayor and his staff to take a look at that.

2) Council Member Hamerlik stated he had attended most of the Springfest meetings, that Chris Braden and Bob Haskins did very good job today and was impressed, and also the students that were here to support them.

3) Council Member Kerian noted that only one person has picked up petitions for Ward 6, and hopes some other people in Ward 6 will get petitions so that there is some competition. Council Member Hamerlik reported that no one has filed petitions for either of the wards that have retirement, several have picked up petitions but no filings yet, and is wide open as of now.

2.27 Grand Forks Flood Protection Project, acquisition of real estate from Suellen Bateman. (Pursuant to NDCC 44-04-19.1 and NDCC 44-04-19.2 the City Council may convene an executive session for attorney consultation and/or to discuss negotiating strategy or provide negotiating instructions to its attorney or other negotiator).________________________________________________
Council Members Gershman and Hamerlik moved that pursuant to North Dakota Century Code 44-04-19.1 and 44-04-19.2 the city council convene in executive session for attorney consultation and/or to discuss negotiating strategy or provide negotiating instructions to its attorney or other negotiator.

Mr. Warcup stated that if the Bateman's wanted to address and if the council wanted to hear that it would be possible

Beau Bateman stated he didn't have anything prepared but would answer questions if the council had any questions. Council Member Glassheim asked if they were agreeable to what they understand the City's proposal to be. Mr. Bateman stated they are in agreement.

Mr. Warcup stated that if they had any questions as far as the background or the history of this acquisition it would be appropriate to ask those questions now, they would be appropriate in open session; but if want to discuss attorney consultation or negotiating instructions or strategy that would be for the closed session, so if the council does have any questions about the process that they were involved in or the need for the property, description of the property, that would be appropriate to ask those questions at this time before executive session.

Council Member Kerian asked about the storm water retention pond impacting the future development and asked where those are located and how that would be the case. Mark Walker, assistance city engineer, stated the purpose of the holding ponds is to capture the water and hold it for large rain events, such as 100 year rainfall; the Corps installed them in the southern ends of the project, such that water wouldn't flow towards the levees and be trapped at that location, and that is the intent of them. As far as their impact for future development he views as a beneficial use in that areas developing around these areas will have to drain into something anyway, and in the future and probably today EPA is going to have rules that you will have to have ponds periodically to capture sediment, etc. and if weren't to do this pond under the Corps project something like it would perhaps be necessary anyway. He stated they will notice that the alignment of this pond follows what would likely be the path of the southend drainway extension and they found it a rather convenient location and a good use of project monies to build it at this location where a drainway would otherwise be, and all they had to do was to make it a bit wider and a bit deeper and the pond would also act as a drainway extension. He stated that the pond would take a bigger footprint of the land than the drainway extension but if did nothing this property couldn't develop because there would be no place for it to drain to. The acquisition that we are taking to construct the pond requires a larger footprint of land than would otherwise be needed to simply extend the drainway.

Council Member Hamerlik asked if it would be proper to withdraw the motion or to vote it down. Mr. Warcup stated if all of your questions are answered without the need for an executive session and at that point the appropriate response would be to take the vote because there is a motion and a second on the table or could withdraw the motion; needs to be resolved one way or the other.

Council Member Hamerlik withdrew his second to the motion provided that everybody has had their opportunity to talk or if don't want to go into executive session, Council Member Gershman withdrew his motion.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor