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Minutes of the Grand Forks City Council/Committee of the Whole
Monday, September 11, 2006 - 7:00 p.m.______________________

The city council met as the Committee of the Whole on Monday, September 11, 2006 at 7:00 p.m. in the council chambers in City Hall with Mayor Brown presiding. Present at roll call were: Council Members McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; absent: Council Member Brooks - 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:
Today had ceremonies at the University and at the Air Base remembering the victims and the heroes of 9-11 and to remember those who continue to put themselves in harm's way, the men and women in uniform, so we can fight this common war on terrorism. Mayor Brown called for a 30-second moment of silence to remember.

2.1 Resolution calling certain outstanding Refunding Improvement Bonds, Series 1995G.____________________________________________________________
      There were no comments.
2.2 Bids for Sewer Project No.6023, District No. 451, Watermain Project No. 6024, District No. 294, and Sewer Project No. 6025, District No. 452, utilities in Columbia Park 32nd Addition._____________________________________________________
      There were no comments.
2.3 Application for moving permit to move dwelling from Minto, ND to 812 S. 10th Street (public hearing to be held on September 18)_________________________
There were no comments.

2.4 Request from Inspections Div. for approval of new square footing building costs for single-family houses, townhouses and garages.________________________________
      There were no comments.
2.5 Amendment No. 2 to agreement for engineering services for Project No. 5691, Wastewater Treatment Plant (WWTP) Biosolids Management and Capital Improvements project.______________________________________________
      There were no comments.
2.6 Nonprofit Community Resource Center.
      Council Member Gershman stated that he is in favor of the nonprofits that are able
to come together in a facility do that, but in this case he would prefer that the City allow the process of bidding to go forward with private sector in case there are some that would turn that building into affordable housing downtown and get on the tax rolls, that it is premature to move forward with this.

2.7 Request from CPS, Ltd. on behalf of Redeemer Lutheran Church for final approval (fast track) of Replat of Lots D and E, Block 7, Swangler's Subdiv. (loc. at 8th Ave.N. and N. 20th St.)____________________________________________________
      There were no comments.
2.8 Request from JLG Architects on behalf of University of ND for approval of variance from Section 18-0907 (2)(L)(3) of subdivision regulations for an unplatted portion located in Section 5, T151N, R50W of the 5th P.M. (loc. at 3501 University Ave.) for purpose of varying the access requirements onto an arterial from 660 ft. to 170 ft.__________________________________________________________________
      Council Member Glassheim asked for explanation as there was some disagreement
at Planning and Zoning Commission. Brad Gengler, city planner, stated the University is building an overall 75-unit apartment complex and requested to have a drive-in horseshoe coming off of University for a loading/unloading zone and as located on an arterial roadway and to do away with that particular restriction needed a variance; staff looked at it and Planning and Zoning Commission agreed that the reduction ultimately won't cause a hardship for the roadway, and that is why the 660 down to 170 ft. appears to be a good stretch but in this case it is conforming to a traffic pattern in the area. He noted that the 170 ft. is a minimal distance measured from the centerline of Stanford going west, ideally should have a driveway or a roadway every 660 feet along this type of corridor but in this case recognize that it is different situation and maybe a standard line or arterial. It should be reasonably safe and directed for eastbound traffic, only one way in and one way out, and more controlled environment knowing that the 170 ft. had been varied from the 660 ft. and looks like good plan.

2.9 Request from Mark Satek on behalf of Ardell Korynta for approval of a conditional use permit (CUP) for Lot 1, Blk. 3, Campbell Addn. (loc. on N. 55th St.) for purpose of constructing building to be used as contractor's shop for storing tools, equipment and materials for general purpose use.______________________________________
      There were no comments.
2.10 Request from Deacon's Development, LLP for approval of petition to vacate a roadway and utility easement lying within Lots 9 and 10, Blk. 2, Zavoral's First Addn. (loc. at 1448 and 1502 Kings View Dr.) ____________________________
      There were no comments.
4. CITIZEN REQUESTS:

Roland Riemers, 421 1st Avenue South, A-10, Grand Forks, stated he was here on behalf of the ND Family Law Reform Initiative and also an independent candidate for U.S. Senate, and objected to the current free speech policy at the Alerus Center. He stated he addressed the council about a year ago about that issue and there have been some changes; but that he was at the Alerus about 2 weeks ago collecting signatures and had a run-in with management and also with the police officers, who eventually backed down but still thinks they need to do something about the policy out there. He stated that when he arrived at the Alerus he was asked to move off to the free speech area at the Alerus which is reasonable but when asked where that was, it turned out to be out by the flagpoles 400-500 ft. away from the Alerus and totally devoid of the people he wanted to have contact with. He stated you can have reasonable times and locations of requirements in a public building but have to have ample alternative channels of communication; they should have the right to be either outside in the parking lot or in front of the door as long as not blocking any kind of traffic and in the common areas inside the Alerus as long as not blocking traffic or causing disturbance. He stated he would hope that they would change that policy in the near future because you are going to end up with a lawsuit if he has to push that more. Mayor Brown stated he would address that with Mr. Swanson.

6. MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Glassheim stated that many things are discussed and then disappear and would like to know where they are at:
a) Dog park -
b) Alcohol server training program - this is coming back to committee. Kreun reported that the server training issue is with the Hospitality Group, they have asked repeatedly to have that on the agenda, and was scratched twice as they weren't prepared to bring forth their agenda - that this is the last time because we indicated we would have one more meeting and bring it back to the committee of the whole for action, which they will do.
c) Student bus - (talked about how students tied more closely to the downtown community) It was noted that the Student Senate is looking at it and will be coming back to council. It was also noted that UND has their own bus fleet.
d) Noise - concerns from campus that convictions under our noise ordinance is a Class B misdemeanor and staying on a student's record and seemed excessive for the crime. Mr. Swanson stated convictions, whether criminal or non-criminal, will stay on a record; the only matters which eventually drop off over a period of time are certain driving violations, that a violation of a noise ordinance may appear on a criminal record or record of prior convictions sometime later, and not a matter unless there is an imposition that was called "deferred imposition of sentence" where it is a plea arrangement, those will not appear on record after a given period of time but if it is a trial and conviction or plea of guilty they will appear on record, that is true with virtually any offenses, that with respect to the noise ordinance is a fairly significant increase in the number of trials that are being had because of the consequences of the fine and the mandatory fines that are imposed. Council Member Christensen stated is that the University police have stepped up the enforcement and not sure what the situation is with the University police enforcing city ordinances, that we changed the law so that it was any time, before it was between 10:00 p.m. and 6:00 a.m. and perhaps can go back to that time,

Chief Packett stated at the direction of the Mayor, he and Mr. Haga met last night with the Student Senate along with Chief Czapiewski; Student Senators had questions re. enforcement of the noise ordinance, esp. with the change this year of its 24-hour enforcement, the students were provided with statistics that council previously had indicating that they are no more representative within the crime stats and calls for service than any other part of the community. Mr. Swanson's observation is what they passed on to the students last night as those things are there for a reason, legislative body passed those ordinances regardless of the penalty, it does go on one's record if there is an infraction or violation and at the direction of the mayor they are working with the Senators to prohibit those things from occurring , and would hope within the next 30 to 60 days meeting again with the Students and maybe some of those questions will have been answered and maybe council will have a little more information to act upon.

Council Member Kreun reported that the noise ordinance was brought to the Service/Safety Committee and they directed staff to contact Mr. Swanson to find out the things that were being discussed were correct and were going to wait for a report from Mr. Swanson before putting it on the committee agenda or do it at that point in time depending on what he found, and will continue to follow up on that.

e) Greenway Ordinance -It was noted they have some situations out there that are taking place and police are not able to enforce it because our ordinance is still quite weak and hasn't been brought back to the committee of the whole. Mr. Swanson reported that his office redrafted the ordinance and removed all the duplicative items, and thought it was at a committee level to move forward and nothing further from their office. Council Member Christensen stated he had read the ordinance and made his own notes and comments to it and should probably have a work session on a Wednesday as it is an important ordinance. Mayor Brown asked Mr. Haga to make note.

Council Member Kreun stated that the levee walls - the emblems at the end of the streets aren't there yet and asked when put in place. Mark Walker, asst. city engineer, reported they are on order in Phase II and should be arriving shortly, there was some delay in getting them fabricated.

Council Member Kreun asked for status on the haul road, whether roads designated as haul roads for contractors. Mr. Walker stated they haven't designated all the roads but have taken a preliminary look at that and developed a basic budget and intent to finalize that.

3) Council Member Glassheim stated near the downtown on the riverside of the wall there has been some defacing and asked what will be done to cover that. Mr. Walker stated that was done by the contractor as a test for anti-graffiti coating, that they are applying that to the walls and allowing the coating to fully cure before trying to remove it.

4) Council Member Gershman requested that urban development take a look at the lights outlining the downtown buildings to make sure they are working, nice feature for downtown.
He stated that this morning he was at the 9-11 dedication at the University that the students put on, and thanked students and respect he has for them to put on such a moving ceremony, that Mayor and Governor were also there.

Mayor Brown stated that the ND Special Olympics soccer and bocce teams were in town this weekend and thanked Mr. Glassheim for representing the city and community at that event.
Congratulations to the UND football team and to our two high school teams who battled it out at the Cushman Classic, the first UND home game will be at the Potato Bowl this weekend, and encouraged everyone to take part in the game, the parade and french fry feed.
That he and the city council have been invited to join the Sioux crew before the game to extend a warm welcome and a word of appreciation to our UND students, helping hand out food.

ADJOURN

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

Respectfully submitted,

                      Saroj Jerath
Deputy City Auditor