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Minutes of the Grand Forks City Council/Committee of the Whole
Monday, May 22, 2006 - 7:00 p.m.___________________________

The city council met as the Committee of the Whole on Monday, May 22, 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, Gershman, Christensen, Kerian, Kreun - 6; absent: Council Member Glassheim - 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.

Ralph Honda addressed the council regarding the 14th Annual Letter Carriers Food Drive; and the first year Grand Forks was involved, they raised 12,500 lbs. of food; in 2004 raised 55,878 lbs. of food, a record in the State that has been unmatched; in 2005 the Midwest was down and were 41,188 lbs.; and in 2006 thanks to the generous people of Greater Grand Forks, East Grand Forks and the Air Base a record year, 57,486 lbs. of food that citizens donated, and thanked Mayor Brown and the city of Grand Forks for helping out with the food drive and that the biggest thanks goes to the citizens of Greater Grand Forks.

Mayor Brown commented on various events held during the past week and upcoming events:
He stated he attended Ben Lunak's welcome home event at the VFW and appreciated everyone coming out and encouraged people to attend the June 2 welcome back event, Lance Corporal Lunak was injured in the line of duty in Iraq and has made a tremendous sacrifice that merits our gratitude and our respect, and that we thank all returning military members for their service and respect their sacrifice and the sacrifice of their families as well.
Last week there were 315 attendees at the Immunization Conference at the Alerus Center and congratulations to the organizers and thanks to everyone responsible for bringing in over 300 people to our community.
Congratulations to all the area graduating seniors.
Next Monday is Memorial Day and fifth Monday of the month so no council meeting.

ADD ITEM TO AGENDA

Council Member Gershman reported that they were given Flood Debris Clean-up bids and that the recommendation for award will go to the council on June 5, 2006, and asked if council can go into special council session tonight, pass this tonight and get the clean-up going; and moved to add this item to the agenda. Council Member Christensen seconded the motion.

Council Member Brooks asked if we had not been written up for this; Mr. Swanson stated we were not, but that the Attorney General's ruling had to do with the heading on the agenda for the meeting in December that he found that was not in compliance with State law, read the "Grand Forks Committee of the Whole"; that he found that the substance of the agenda was appropriate as well as the action being taken - will note on new agendas now says "Grand Forks City Council Agenda/Committee of the Whole", and the point that he made was that "committee of the whole" did not necessarily mean "city council". He stated that he disagrees but we have in advance of his ruling accommodated. He stated he has not spoken to the Attorney General Stenehjem on it and the ruling really was on what notice was given as to the body that was meeting, that we characterized it as the committee of the whole, under Roberts Rules of Committee of the Whole is in fact the city council, and their opinion was our notice was of the committee of the whole and not of the city council itself.
He stated under your ordinance which is adopted under your Home Rule authority, you do have the authority to add items to the agenda without having previous publication of the agenda, and that has been upheld by the Attorney General and previous Attorney General's opinions, and if the council were inclined to take action tonight on an item not on the agenda, it is his opinion that they have the authority to do so and does not violate open meetings law.

Council Member Hamerlik stated that there maybe somebody who wishes to oppose it and that is the problem with moving the agenda or rushing something through.

Mr. Grasser stated that bids were opened today, and was a clean bid; and their recommendation would be to award. He stated the only reason going through the bidding process is in order to secure FEMA participation if we are a disaster area, and that the earlier they can get the award done would give more time to complete the work.

Upon call for the question and upon voice vote, the motion carried, and the item placed at the end of the agenda.

2.1 Application for abatement for 2005 taxes by Growing Together, Inc., 107 Conklin Avenue. ____________________________________
There were no comments.

2.2 Application for exemption of remodeling improvements to commercial and residential buildings at various locations._____________________________
There were no comments.

2.3 Historic Preservation Commission appointments.
There were no comments.

2.4 Gateway Drive Committee appointments.
Council Member Christensen asked for the names of the individuals who were being
replaced. It was noted that Arlin Haugen, Archie Simonson and Dean Jacobson were the members being replaced.

2.5 EGF/GF Mayors' Task Force on Alcohol Report/Recommendations & Server Training Ordinance._________________________________________________
Council Member Kerian reviewed history of the committee and noted that the committee
was made up of public officials and council members and some members of the community; they held several meetings (Pete Haga would have minutes of the meetings) and gathered information and provided report and an ordinance, and effort was to try to begin doing something in response for some of the drinking issues in this community. She reported that the report was given to the council and a packet of information for review. It was noted that North Dakota ranks first in the nation in terms of binge drinking. She noted there was information of youth risk survey of 2003, alcohol compliance testing and a copy of City of Fargo ordinance dealing with selling and serving alcoholic beverages for training and how their rate of response increased once the ordinance was adopted; and a portion of NDCC about prohibition for 21 years drinking and responsibility of bars. She noted that Mr. Haga summarized the results of those meetings and report identified some of the issues in terms of understanding about alcohol, not against the use of alcohol, it is about how it is used in ways that can be harmful to individuals in the community. She stated they identified some problems with alcohol, community acceptance of culture of drinking in this community, some parents unwillingness or inability to prevent drinking by minors, insufficient resources for enforcement or inadequate penalties for underage drinking and abuse of alcohol; and the scope of those problems much larger than the scope of their ability to deal with them in the short time they had and the recommendation in terms of the community acceptance of culture drinking would ask that this body and other leaders in the community continue to look at this issue, there was a townhall meeting with some people. Grand Forks Public Schools have been active, UND administration and need to continue efforts and looking for community support. The liquor industry should be encouraged to participate as they have a role in this issue and have taken some action on that and needs to be more - advertising (commented on the one before Springfest), and in terms of parents unwillingness or inability to prevent drinking by minors there are some things that the community can speak to on that again beyond the scope of one committee, and didn't have answers on some things and perhaps this body can help with that is looking at steeper fines for procuring or providing alcohol to minors, parents promoting non-alcohol activities, and the third recommendation in terms of insufficient resources, one of the things mentioned during committee hearings was when enforcement officers did break up a party and arrested and fined a number of young people who were at that party, curtails some of that but enforcement is one of the things that they would want to continue and review of additional penalties - and one thing was the server training ordinance.

She noted that the purpose of server training is to make sure that everyone that works around liquor in bars, restaurants are trained to identify minors, ask for cards and identify cards that are not official and legal and to train people when there is excess use of alcohol - these are not failsafe but asked that council members get copies of the server training book. She stated certificate would vouch that they have had training that is offered through the police department and Northern Valley Safe Community Prohibition, police department would retain data base, asking that servers obligated to have the license and the owner of the facility must keep data base of those servers, some fines if not do so. It was noted that it is a 3-year certificate and a $10.00 fee, and obligation of the owner of establishment to make sure that person has certificate within 45 days of their employment. The police department initiated server training some years ago as a way that liquor establishment employees have the training
.
Committee members Tom Volk, Region IV Prevention Coordinator; Bill Vasicek, Community Safety Coordinator; and David Frisch, Drug/Demand Reduction/ANSWER; members of the EGF/GR Mayors' Task Force on Alcohol Report, were there to address any questions or concerns.

They stated that the training course helps eliminate minors from obtaining alcohol, and benefits both employer and employee, that they learn city ordinances but state statutes and laws re. civil penalty laws and training employees so they know their responsibilities - that everybody wins on this deal - helping educate people on how to determine fake i.d.'s, laws. Compliance laws are about 25%; and in 2005 Fargo after establishing mandatory service training compliance rate was 95%. Council Member Kerian stated after talking to one liquor establishment, that was more interested in trying to find a way of trying to punish those people who come in with a fake i.d..

Council Member Brooks stated this is a problem and something we have to work with, that short time ago we put in ordinance re. smoking and caused some disastrous effects on some businesses and on charitable organizations.

Council Member Kreun stated that 25% non-compliant and asked how many of those had server training, and members of the task force reported that under current enforcement it is more likely to catch and penalize the server or liquor establishment rather than catching and penalizing minor using a fake i.d. or otherwise seeking to violate the alcohol laws and ordinances, and if concentrating on the problem the person violating the law is just as much the problem or more of problem than the server. It was noted that the police department does when budget allows, to do a bar check where go in and check i.d.'s but basically it comes down to budget so not able to do regularly and same with compliance test.. It was stated that trying to set up a penalty for process and for servers but are ignoring the problem of the people trying to break the law; that addressing compliance checks and servers but not addressing the people who have the problem or are causing the problem. .

Council Member Christensen stated in looking at the recommendations, that it is more likely to catch and penalize a server or the liquor establishment for serving a minor - we have ordinances that make the owner of the liquor establishment viable if one of his servers serves minors, Section 21-0212, License Holder Responsibility. The primary goal is to reduce the accessibility of alcohol to minors, State law requires cards and has fine or penalty, and if a minor on premises, with some exceptions, is against our law; the problem the bar owners have is false i.d.'s and most bar owners tell their employees card everybody that looks certain age - but doesn't see how licensing servers is going to prevent binge drinking or underage drinking - that most of the binge drinking doesn't take place in bars, takes place in private residences and if someone goes into an off-sale and purchase alcohol and that person is over 21. He stated he didn't see how this solves the issue - that these people have a high turnover of employees - and managing a rule like this could cause a lot of problems - he asked how long is our police department engaged in server education and would like to know when the police department became involved in this, establishments that participated in server education and establishments that have been busted that have been involved with server education to see if education is working on voluntary basis before making it mandatory. Not sure where it is that we want to go at this point in time as a community with so little information to see if this is going to solve any problems - doesn't see it solving binge drinking nor does he see it changing the culture in homes or schools.

Council Member Kerian stated that this was an attempt to try to look at what city government might do for the problem, and that there age recommendations way beyond the scope of city government to address or handle except through the leadership this body might provide in dealing with those issues; and is a bigger problem than any one ordinance or recommendation can address.

Council Member Gershman stated there are compliance classes now and the policy at his store is to send everybody to them, pay them for their time to go and has stores in Fargo and is mandatory but do not charge fee; and in best interest to have server training because have tremendous liability; understands that the server trainer that is going on now is that classes are full and have an issue where you have a minority of liquor establishments that are not doing it and wants to make it mandatory, takes issue with the $10.00 fee, that the city of Grand Forks just raised the liquor license yearly fees to all establishment and annual increase that the City is receiving is $53,075 (that licenses hadn't been raised in 12 years), and ordinance says to charge a $10 fee and would recommend that if the ordinance goes forward that the fee be removed for those working in the business. There was a comment to card everybody, but to card everybody and make that mandatory doesn't make sense. He that if the City keeps records, that should be sufficient. He stated that there are some things that are good and would like to see things at the State level to address that, and the issue of coming at them for a couple percent of what happens is probably good thing - that if minor comes in and tries to buy, they should lose their license and should go with State level - that 65% of the alcohol that gets into minors hands comes from family and friends.

Council Member Hamerlik stated this is a baby step and if wait for an ordinance to cut out binge drinking in Grand Forks, wait for long time and the $53,000 that we take in and a fee for the employee is only once every 3 years and not concerned about a $10 fee every 3 years and biggest thing is trying t get some support for the police department who will maintain records and doubts can do it for that amount and doesn't see that as a burden - that enforcement costs money, could put more people in police department to do that and need to enforce people who violate law that are under age; and hopes to study it.

Council Member Christensen stated we are trying to ask questions because there is a problem with alcohol in this community, have social problem and trying to correct social problems by regulating - heard that police department doesn't have the money to go in and do site checks in the evenings and ask to see i.d.'s, and $53,000 in money garnered from fees and occurs before we enact this ordinance that we encourage and direct the police department to take a more active role in checking establishments and under age drinking in licensed establishments, and what would be wrong in trying that for a period to see how many people we arrest because if they are on the premise and are illegal and a way of approaching without another law or rule; and more concerned about turnover rather than fee and having another layer of data collection and going on-line to check to see if have license or not .

Mayor Brown thanked Council Member Kerian and task force for bringing this forward, and ask council to discuss this and know we have an issue and problem.

Paul Endres, El Roco, stated he did not know this committee was formed, but would like to get involved in that committee, need to keep moving forward on it and make reasonable ordinances and guidelines. He stated they have around 60+ employees from 5 nights a week to 1 night a week, that he has been to i.d. seminar and many of his staff and fairly educational - hoping will get tabled tonight.

Mr. Swanson stated there are ordinances with fines as high as $1,000 per incident for a minor attempting to purchase alcohol, a minor in possession and attempting to use a false i.d.; other fines are established for a minor in possession of alcohol or minor consuming alcohol; some of those were recently modified and fines increased and that there are penalties for that, and anyone trying to use false i.d. without risk of penalty is fairly substantial.

2.6 Matter of ordinance relating to residential rental licenses.
Council Member Hamerlik stated they had a working session chaired by Mr. Gershman
and the information presented was reviewed and came out with four recommendations; and also one having to do with set-backs

Mr. Swanson stated the ordinance draft before you with modifications to the residential rental license and that those changes are: 1) Section 21.0605 removes any requirement for an applicant to provide information re. any criminal history; 2) Section 21-0606 and that a local property manager is required (previously said had to reside within Grand Forks County or Polk County) and at suggest of working committee that was changed to eliminate the restriction on the two counties and put a geographical radius of 60 miles from the city of Grand Forks. The other major or substantive change appears in Section 21-0611, previously not a time period to evaluate the 3 strikes rules and that has been changed with a time period of 24 months being installed. There are several other changes, minor modification with respect to the annual term of the license and deleted some language with respect to violations that don't amount to a substantive change but rather clarification; and all changes recommended by the working group are included in this draft.

Council Member Gershman stated that they had only 800 comply and asked how many have complied since then. Ms. Collings stated 1100 complied, slightly over 50%; some are waiting for this and perhaps one more letter sent out.

Council Member Christensen asked that ordinances be sent to Mr. Hodny and Mr. Graveline, reps. of group that wanted the changes, and to get ordinance on the website. He stated they have proposed amendments to the ordinance and asked if appropriate to introduce additional amendments to the ordinance, that he is concerned with 21-0610, Conduct on Licensed Premises; item 3 (B) and (C), and been brought to attention of working group that they don't feel they should be required to maintain their license for their rental property to govern conduct which constitute violations of laws relating to disorderly conduct, resisting arrest or interfering with a police officer, nor should they be subject to losing their license for conduct which constitutes violations of laws relating to provisions of alcohol to minors, minor possessing or consuming alcohol or illegal sales of alcohol in violation of the Code, and it is his intention at the next meeting to introduce an amendment to the ordinance to delete 21-0610, 3 (B) and (C).

Mr. Swanson stated that modifications to the residential rental license ordinance would be in order whether it be at the time of first reading or second reading.

2.7 Create special assessment district for Project No. 6012, Dist. No. 449, sanitary sewer for Desiree Drive (Lots A, B and C, Shady Ridge 6th Resubdiv.)_________________
2.8 Create special assessment district for Project No. 6013, Dist. No. 293, watermain for Desiree Drive (Lots A, B and C, Shady Ridge 6th Resubdiv.)____________________
2.9 Create special assessment district for Project No. 6014, Dist. No. 450, storm sewer for Desiree Drive.______________________________________________________
2.10 Create special assessment district for Project No. 6015, Dist. No. 625, paving Desiree Drive (Adams Drive to west edge of Shady Ridge 6th Resubdiv.)_________________
Ms. Voigt, asst. city engineer, reported that 100% of residents in paving district signed
petition; and utility projects do not need petition and are non-protestable. Mr. Swanson stated that only the paving project is protestable.

2.11 Create special assessment district for Project No. 5815, Dist. No. 624, paving in Homestead Grove First Addition._______________________________________
There were no comments.

2.12 Plans and specifications for Project No. 5968, Dist. No. 291, watermain for 40th Ave.S. (S. 20th St. to S. Washington St.)__________________________________
There were no comments.

2.13 Bids for Project No. 5945, Dist. No. 623, paving Southern Estates 5th Addn.
There were no comments.

2.14 Bids for construction of Project No. 5703, Dist. No. 608A, paving 47th Ave.S. (S. Washington Street to Belmont Road).____________________________________
(A new report was submitted). No comments.

2.15 Engineering services agreement with CPS, Ltd. for Project No. 5815, paving for Homestead Grove 1st Addn.____________________________________________
There were no comments.

2.16 Engineering services agreement with CPS, Ltd. for Project Nos. 6012, 6013, 6014 and 6015, sanitary sewer, watermain storm sewer and paving for Desiree Drive.
There were no comments.

2.17 Three-way construction engineering services agreement for Project No. 5703, Dist. No. 608A, paving 47th Ave.S. (S. Washington St. to Belmont Rd.)_______________
There were no comments.

2.18 Request from Building Inspections for ordinance to amend Sections 19-0325 of the Grand Forks City Code, relating to ND Sewer and Water Service Code adopted by reference; amended._____________________________________________________
There were no comments.

2.19 Public Works Department Reorganization Plan.
Council Member Kerian commended Mr. Feland and staff for looking at positions and
reorganizing and looking out for the best interests of the public.

2.20 Public Works Department, Wastewater Division, heavy duty truck and sewer vacuum jet machine bid._____________________________________________
There were no comments.

2.21 Flood debris clean-up bid, Project 6000.
It was moved by Council Member Gershman to award the bid to Gowan Construction, Inc. in the amount of $87,445.00 to get the cleanup going. Council Member Christensen seconded the motion. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.

3. INFORMATION ITEMS

3.1 First Quarter Dial-A-Ride/Senior Rider Service Report.
Information only.

6. MAYOR AND COUNCIL COMMENTS

1) Council Member Hamerlik reported on number of advertising signs located on berms and number of signs in rights of way on Columbia Road - advertising open houses and houses for sale - rummage sales - have ordinance against that and would like to suggest that staff look at that to inform property owners.
He stated that he was not at the work session having to do with budget but there was suggestion that there would be a resolution drafted relative to the quality of fairness on reduction of mil levy.
Mr. Christensen noted that Mr. Glassheim is on vacation for 10 days and when he comes back will do the resolution.

2) Council Member Christensen requested a report from the Turtle Mountain group re. what has been accomplished as far as their getting permission to locate a casino in this community. The resolution that the council drafted and passed was that we would like to hear more when they had more information - that we had approx. 4300 people sign a petition opposing a casino of any type - that we are aware of what Attorney General has said, aware of what is going on in Congress, aware of deadlines and applications before a certain date in Congress, but time to have some finality on this issue.

Mr. Duquette stated that administration would also like an update from Turtle Mountain Band and might be useful for the community, administration and city council to see where we are at.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor