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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
January 2, 2007

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Tuesday, January 2, 2007 at the hour of 7:00 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members McNamara, Glassheim (teleconference), Christensen, Bakken, Kreun, Gershman - 6; absent: Council Member Brooks - 1.

President Gershman announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.

ADOPT ORDINANCE NO. 4162, RELATING TO CLOSING
TIME FOR SALE OF ALCOHOLIC BEVERAGES

An ordinance entitled "An ordinance amending Section 21-0221 of the Grand Forks City Code relating to restrictions on sale, service or dispensing of alcoholic beverages; authorization of 2:00 A.M. closing time", which had been introduced and passed on its first reading on December 18, 2006, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the ordinance adopted.

APPROVE SETTLEMENT OF GRAND FORKS FLOOD
PROTECTION PROJECT FOR PROPERTY AT 715
          LEWIS BLVD.

The staff report from the assistant city attorney relating to Grand Forks Flood Protection Project, Simonson Stations Stores, with recommendation to approve settlement of case captioned Simonson Stations Stores, Inc. v. City of Grand Forks. The City of Grand Forks acquired property located at 715 Lewis Boulevard from Simonson Station Stores for construction of flood protection project.

Council Member Christensen asked to be recused from voting on this issue, and it was so moved by Council Members Kreun and McNamara. Carried 5 votes affirmative.

It was moved by Council Member Bakken and seconded by Council Member Kreun to approve the recommendation approving settlement of the case, Simonson Station Stores, Inc. v. City of Grand Forks. Upon roll call the following voted "aye": Council Members McNamara, Glassheim, Bakken, Kreun, Gershman - 5; Council Member Christensen recused. President Gershman declared the motion carried.

CITIZEN REQUEST - RE. DOG PARK

Nancy Joyner, 702 Belmont Road, presented petitions in support of the dog park, 1,667 signatures, and stated that they have a number of people interested in seeing the dog park come to be, that she has been in contact with John Staley, Park District, and has met with members of the Board of the Humane Society, and has talked to other cities in the State of North Dakota relating to dog parks, and would like to bring it back to see what the status is and what next actions will be.
Council Member Kreun reported he had visited with the Park District and that it is their responsibility to work with developing a dog park, but their concern is location and capital expenditure concerns. He stated there are areas in new parts of town where there is no residential property and where they have to develop some large drainage and park areas, and would encourage that the Park District work with the engineering department to locate something in those areas. He stated that the City does not want to be in charge of a dog park. He also noted that the Park District has petition against dog park in the residential areas.

Ms. Joyner stated that they are still looking at greenway area and if there is any greenway funding that they could match; Central Park is still being talked about as a possibility because it is one of the higher places with either permanent fencing or collapsible type fencing.

Council Member Kreun stated that location is the biggest issue and if can solve that problem first, then go to the next step to see if there is any way to work on that; and that he thought that would come from the Park District and would encourage working with them as best they can to find location. Ms. Joyner stated she has asked to be on the Park District's February 6 meeting

President Gershman noted that there was a consensus on the council when this first came up that this was a Park District issue and the funding issue, and working with the Humane Society.

Council Member Glassheim stated that if the Park District in a reasonable time can't find a location that the City should take this back and consider a greenway location.

Council Member Christensen reviewed background re. dog park in the greenway (behind the floodwall with openings by The Toasted Frog and by Simonson Lumber), and some opposition by certain members of the council as to that location and was dropped because of fences, etc. and became an issue of people recreating in the greenway and dogs not being on leashes and became an issue. He stated that the Park District has 40 acres called Kiwanis Park, behind Target, and would be a good area to locate a dog park , and rather than our crossing into their activities that it would be better if they take that as part of their mission

Several council members, Bakken and McNamara, stated they are not in favor of the City being in the dog park business, and comments were that our taxes are high enough and don't want to pay for recreation for animals; and also suggested that the first step should come as private group in partnership with other people that have mutual interests and that the City shouldn't be in that business.

President Gershman noted that the Humane Society is developing a dog park in conjunction with the Park District, and it was also noted that the Humane Society is revamping and may be a longer project because they are looking to expand their building.

Council Member Kreun stated in the development of those park areas is that we need to have holding ponds which are aesthetically pleasing and can utilize them; that he would like to have them work with engineering and planning and zoning departments to make better utilization of those ponds as only holding water for several hours after a hard rain but need that surface in order to have storage for run off, there are several other places that the Park District has that are undeveloped, and have couple options and is suggesting that we help them with our long range planning and put that into place as well.

Ms. Joyner brought up the issue of dog licensing that could be a funding source as it is estimated that there are between 8,000 and 10,000 dogs in Grand Forks and less than 500 were licensed, and if had a dog park being supported by licensing; that people have stated reasons for not licensing is that it is inconvenient and what does it do for them; and would like to advocate getting dogs licensed and recommended having licenses being able to be purchased at veterinarian clinics and Humane Society.

The city auditor reported that part of the reason his office took over dog licensing is that it is not a priority for the police department; that they are going to meet with the veterinarians to see if can get some cooperation from them to help in the licensing but that they cannot mandate that; that they visited with the Humane Society about their help. Part of the intention is that they needed additional revenue to help fund the money that we pay to the Humane Society in the amount of $30,000 out of the General Fund plus $35,000/year for the animal warden, and that there won't be excess dollars. Council Member Christensen also noted that the City gave the Humane Society $300,000 for their building, that on an on-going basis in this community we spend on average $65,000 to $70,000 for animals so it isn't that we aren't concerned, but that if a group feels that it is a project that they want to get behind rather than coming to the City or a tax-paying entity, take it upon themselves to do it. He noted that he didn't think it was a city issue.

APPROVE BILL LISTING AND ESTIMATE SUMMARY

Vendor Payment Listing No. 07-01, dated December 29, 2006, and totaling $1,638,812.55 and Estimate Summary in the amount of $494,826.22 were presented and read.

It was moved by Council Member McNamara and seconded by Council Member Christensen that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members McNamara, Glassheim, Christensen, Bakken, Kreun, Gershman - 6; voting "nay": none. President Gershman declared the motion carried and the bills ordered paid.

APPROVE MINUTES DECEMBER 18, 2006

Typewritten copies of the minutes of the city council held on Monday, December 18, 2006 were presented and read. It was moved by Council Member Bakken and seconded by Council Member Christensen that these minutes be approved as read. Carried 6 votes affirmative.
      MAYOR AND COUNCIL COMMENTS

1) Council Member McNamara asked that a representative of the police department be at the next service/safety committee for update on towing issue and parking. He recognized Cheryl Holter-Vogel, executive director of First Night of Greater Grand Forks, and volunteers for great job on that event.

2) Council Member Christensen commended street department staff for excellent job in cleaning streets as quickly as they did; and thanked staff for getting sledding hill lights on, etc. for the citizens. He reminded everybody that we have an ordinance that prohibits snowmobiles and ATV's in the greenway, that this past weekend people were crossing on the Belmont side across the dike in their snowmobiles and ATV's and that there were many children on that hill and would ask if they see someone on snowmobile or ATV on top of the dike to suggest that they are violating the law. He asked that the service/safety committee review ordinance to see if penalty tough enough if a person is caught the judge has the right to impound the vehicle. He stated that staff and the engineering department and public works department are working together with the contractors to get greenway pathways opened up.

3) Council Member Bakken stated that the ice skating rink in Riverside Park was not opened this year, and had heard that it was due to the City, and would like to find out the reasons for that.

4) Council Member Kreun stated that because there is a parking issue downtown, suggested that people be aware of where to do park so that they do not take up other people's spaces and make complaint when receiving ticket or vehicle being towed, and to use the ramps.

5) President Gershman stated that they need to get on the issue of people using snowmobiles and motorized vehicles in the greenway as soon as possible. He wished Council Member Glassheim good luck in the legislature.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
______________________________________
Harold A. Gershman, President of City Council