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Minutes of Grand Forks City Council/Committee of the Whole
Monday, February 9, 2009 - 5:30 p.m._________________ __

The City Council met as the Committee of the Whole on Monday, February 9, 2009 at 5:30 p.m. in the Council Chambers in City Hall with President Gershman presiding. Present at roll call were Council Members Bjerke, McNamara, Glassheim (teleconference), Gershman, Christensen, Kreun - 6; absent: Council Member Bakken - 1.

2.1 Application for abatement of 2007 taxes by John and Ingra McDonald, 821 Letnes Drive.________________________________________________________________
There were no comments.

2.2 Applications for exemption of remodeling improvements to residential or commercial buildings at various locations. __________________________
There were no comments.

2.3 Pledged Collateral Report.
There were no comments.

2.4 Amendment to Cost Participation and Maintenance Agreement and budget amendment for Project No. 6338, Rehabilitate DeMers Avenue Skyway Bridge.
There were no comments.

2.5 Project Concept Report for Project No. 6272, Cherry Street Reconstruction from 17th Ave.S. to 25th Ave.S._______________________________________________
Council Member Bjerke questioned statement in staff report relative to special
assessment and City share and if all funds would be from City share. Mark Walker, asst. city engineer, reported that a portion would be special assessed, but that they have not created that assessment district for this project but will be forthcoming as they finalize project costs.

2.6 Amendment No. 1 to Engineering Services Agreement with CPS for Project No. 6272, Cherry Street Reconstruction from 17th Ave.S. to 25th Ave.S.___________
There were no comments.

2.7 Urban Federal Aid Project Agreement for Project No. 6273, Dist. No. 637, paving N. 51st St. from Gateway Dr. to 10th Ave.N.____________________________________
Council Member Kreun stated this item will not be brought before the council until bids
are let.

2.8 Appointment to Civil Service Commission.
There were no comments.

2.9 Matter of applications for renewal of alcoholic beverage licenses to determine whether transfer of ownership interests have occurred requiring payment of transfer fees:
a) M & J Properties, LLC dba Gilly's Bar & Grill
b) GCS Investments, Inc. dba O'Really's Irish Pub/Level 10._______________
Council Member Kreun reported that the Service/Safety Committee had discussed some
of the issues and re-licensure of alcoholic beverage establishments at the time when the ordinance was being drafted relating to server training and that the committee would review when there were some inconsistencies or violations. They have started a checklist for renewal of licenses and are working with police department and with the finance department to make sure all factors are put into the checklist (plea bargaining, payment of taxes, etc.). He stated they had also discussed what would happen with parents or individuals providing alcohol to minors (other than Hospital Group), and are including that with the Mayor's "It's Not Okay" Program, and will look at all those issues prior to license renewal.

Another issue relating to this matter is that there is a request for transfer of these licenses and asked Mr. Swanson to give some background information on how that has been handled in the past, there were some administrative violations that had taken place over the last 3 years, but in the past year after passing the server training ordinance many of the administrative penalties have not occurred.

Howard Swanson, city attorney, stated that the only matter before council is whether or not the
two transfers between the former owners constitutes a transfer. Our Code defines a transfer as any assignment, sale, exchange or conveyance of 50% or more of interest, and in this case the license was held by two individuals, each having a 50% interest, they are not married and not related by blood, that as a result of their relationship no longer continuing, one is transferring 50% to the other; that is not considered an exempt transaction under our Code except there is a general clause that provides that when a majority of the city council adopts a resolution and declares a conveyance not to be a transfer, no fee shall be required. He stated he has no recollection of having the issue come up of two unrelated people in a relationship and relationship fails, having conveyance of interest; however, we have interpreted the section on transfers not to apply when the transfer conveyance occurred between a husband and wife or divorcing husband and wife, and question is whether or not an unmarried couple is treated similarly to a married couple. The Code does not contemplate that as an exemption but if a majority of the council finds it to be exempt, you have that discretion.

After further discussion Council Member Christensen stated that next week he would make a motion that we declare this not to be a transfer, that what would apply for people that were divorced would probably apply for people who were domestic partners in a committed relationship that terminated.

2.10 Application for renewal of alcoholic beverage license for Blues, Brews & Bar-B Ques, Inc. dba Muddy Rivers.__________________________________________
Council Member Kreun reported that the Service/Safety Committee had moved the items
on the agenda trying to save people some time but did not, and Mr. Blackmun of Muddy Rivers asked if they would resubmit this back to the committee so that they could provide more information before the committee made a decision, but if feel we have enough information at this point, could discuss it or send it back to committee.

Council Member Christensen stated that when the people involved and affected feel that they have more information to submit, would be in favor of sending it back to committee.

Council Member Bjerke reported that the Service/Safety Committee will be meeting on February 17 at 1:30 p.m. in order to stay on meeting schedule and could include that item on the agenda

211 Budget amendment for Grand Forks 911 Public Safety Answering Point.
There were no comments.

2.12 State of Minnesota/Department of Transportation Cooperative Purchase Venture for small and medium duty accessible bus._________________________________
There were no comments.


MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Bjerke reported that the Service/Safety Standby Committee will be putting together a plan relating to renewal licenses and issues in general for alcoholic beverages, and will have a special meeting to evaluate procedure this spring.

2) Council Member McNamara stated that relating to Tom Clifford's funeral, that as an Irishman and a former Marine officer, a giant in our community, that our thoughts and prayers go out to Gail and the entire family.

3) Council Member Christensen reported that the Finance/Development Standby Committee met last Wednesday and received information concerning Alerus Center and Convention & Visitors Bureau, the meeting ended without any resolution as they needed more information. Next meeting for Finance/Development Committee is Wednesday, February 18, and will continue addressing the Alerus Center finances and will also have on the agenda the matter of Cemetery assessments.

4) Council Member Kreun stated they have rescheduled Service/Safety Committee for Tuesday, February 17 at 1:30 p.m.

President Gershman stated he would echo Mr. McNamara's comments about President Clifford.

ADJOURN

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

Respectfully submitted,


Saroj Jerath
City Auditor