PROCEEDINGS of the CITY COUNCIL of the CITY of GRAND FORKS, NORTH DAKOTA June 17, 2019
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June 17, 2019 PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF GRAND FORKS, NORTH DAKOTA June 17, 2019 The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, June 17, 2019 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Weigel, Dachtler, Weber, Mock, Marshall, Vein - 6; absent: Sande - 1. Mayor Brown 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. MAYOR’S ANNOUNCEMENT Mayor Brown commented on the following: • Great job that Public Works does for the community with the yard waste program. • Reminded everyone with it being the summer season to drive safely and keep children and bicyclists in mind. • Congratulated Tiffany Boespflug on being named North Dakota Health Worker of the Year. • Encouraged all interested to attend the Cheap Trick concert at the Alerus Center this evening. • First Farmers Market of the year was held this past Saturday and went well in its new temporary location on N 4th Street across from City Hall. Thanks to Global Friends for their participation in the programming. UPDATE – WASTEWATER TREATMENT PLANT UV DISINFECTION PROJECT Melanie Parvey, Water Works Director, gave a brief presentation on the project including the history and work done to date. EMPLOYEE RECOGNITION Mayor Brown recognized the following city employees celebrating employment milestones: • Melanie Parvey, Water Works, 20 years • Darin Johnson, Police Department, 15 years • Stacy Ferdon, Wastewater Treatment, 15 years • Tim Ward, Assessing, 5 years • Rick Hajicek, Police, 5 years • Doug Stern, Fire, 30 years • Nicole Shjerve, PSAP, 20 years. • Delray Huot, Fire, 15 years • Jennifer Wolf-Kara, Police, 5 years • Heidi Hillebrand, PSAP, 5 years • Miranda Olson, Fire, 5 years June 17, 2019 ADOPT ORDINANCE NO. 4722, RELATING TO UND SIGN OVERLAY DISTRICT An ordinance entitled “An ordinance repealing Section 18-0301 (11) of the Grand Forks City Code relating to signs in the U-D (University) District and adoption of 18-0301 (11) of the Grand Forks City Code relating to signs in the University of North Dakota Sign Overlay District”, which had been introduced and passed on its first reading on May 20, 2019 and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage. The city auditor reported that the required legal notice had been published. Mayor Brown opened the public hearing, there were no comments and the public hearing was closed. The staff report from the planning department relating to final approval of an ordinance to amend the sign code as it relates to the University of North Dakota Sign Overlay District, with a recommendation to give final approval of the request from the planning department and the University of North Dakota for final approval of an ordinance repealing Section 18-0301 (11) of the Grand Forks City Code relating to signs in the U-D (University) District and adoption of Section 18-0301 (11) relating to signs in the University of North Dakota Sign Overlay District. It was moved by Council Member Vein and seconded by Council Member Marshall that this recommendation be approved and the ordinance adopted. Upon call for the question, the following voted “aye”: Weigel, Dachtler, Weber, Mock, Marshall, Vein – 6; voting “nay”: none. Mayor Brown declared the motion passed and the ordinance adopted. APPROVE RENAISSANCE ZONE PROJECT GF-61: THE ARGYLE The staff report from the community development department and the city administrator relating to Renaissance Zone Project GF-61: The Argyle, 323 DeMers Avenue, with recommendation to approve the Renaissance Zone Project GF-61 contingent on receipt of Certificate of Good Standing and authorize staff to submit the project to the North Dakota Department of Commerce, Division of Community Services for action. Todd Feland, City Administrator, provided information on the project which is a proposed mixed use five story building which will have commercial on the main level, JLG Corporate offices on the second level, and market rate apartments on the third to fifth floors apartment units. The current proposal does not include a skyway connection to the parking ramp, but that may be brought back at a future meeting. Groundbreaking is expected next year. It was moved by Council Member Weber and seconded by Council Member Vein that this recommendation be approved. Motion carried unanimously. June 17, 2019 APPROVE NOISE VARIANCE AND COMMINGLING OF ALCOHOL FOR SPECIAL EVENT – BRICK & BARLEY, DUELING PIANOS, JUNE 28, 2019 The staff report from the public information center relating to a noise variance and special license to sell alcoholic beverages at designated premise for Brick & Barley, Dueling Duo Piano Show, June 28, 2019, with a recommendation to approve a noise variance for the special event and allow for alcohol service with commingling for the event. It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved. Motion carried unanimously. APPROVE NOISE VARIANCE AND COMMINGLING OF ALCOHOL FOR SPECIAL EVENT – BRICK & BARLEY, JOHNNY HOLMES, JULY 25, 2019 The staff report from the public information center relating to a noise variance and special license to sell alcoholic beverages at designated premise for Brick & Barley, Johnny Holmes, July 25, 2019, with a recommendation to approve a noise variance for the special event and allow for alcohol service with commingling for the event. It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved. Motion carried unanimously. APPROVE NOISE VARIANCE AND COMMINGLING OF ALCOHOL FOR SPECIAL EVENT – BRICK & BARLEY, KEM SHRINERS “ROCKIN THE FORKS”, SEPTEMBER 13, 2019 The staff report from the public information center relating to a noise variance and special license to sell alcoholic beverages at designated premise for Brick & Barley, Kem Shriners, Rockin the Forks, September 13, 2019, with a recommendation to approve a noise variance for the special event and allow for alcohol service with commingling for the event. It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved. Motion carried unanimously. APPROVE NOISE VARIANCE AND COMMINGLING OF ALCOHOL FOR SPECIAL EVENT – EL ROCO, 2019 HB GREENWAY TAKEOVER, SEPTEMBER 5-8, 2019 The staff report from the public information center relating to a noise variance and special license to sell alcoholic beverages at designated premise for El Roco, 2019 HB Sound Greenway Takeover, September 5-8, 2019, with a recommendation to approve a noise variance for the special event and allow for alcohol service with commingling for the event. It was moved by Council Member Weber and seconded by Council Member Weigel that this recommendation be approved. Motion carried unanimously. June 17, 2019 INRTODUCE ORDINACE TO AMEND SECTION 21-0205 (III) (CLASS 8.2 AND 8.3) RELATING TO ALERUS CENTER AND RALPH ENGELSTAD ARENA ALCOHOLIC BEVERAGES The staff report from the finance department relating to a request from RE Arena, Inc., dba Ralph Engelstad Arena, for a modification in their Class 8.3 Alcoholic Beverage License, with a recommendation to review the request to all the holder of a Class 8.3 Alcoholic Beverage License to obtain a Class 11 Special or Limited License for sponsored events only, and further if the City Council is in favor of the change, to consider making the same change for the Class 8.2 Alerus Center Alcoholic Beverage License to keep both facilities equivalent, to give preliminary approval of the ordinance and schedule a public hearing for July 1. The council discussed the concern of bringing alcohol into other sports events such as youth tournaments and also competition other liquor license holders and perhaps if there was a way to narrow the scope of what type of events would be eligible. Casey Nureen, owner of Kelly’s Bar, addressed the council and share his concern with more competition for catering, however he was not concerned with an expansion to include campus and university related events. It was moved by Council Member Marshall and seconded by Council Member Dachtler to amend the ordinance to limit the events to those held at the Chester Fritz Auditorium or Empire Arts Center. The council discussed the intent of the request, which is to bring more events to the community that they are taking a financial risk on and are new and would otherwise not occur, not to compete for other routine events such as wedding dances, etc. The overall concern was still present about potential for more exposure to alcohol for youth at events in the community. Upon call for the question on the amendment to limit the Class 11 ability to the Empire Arts Center and Chester Fritz Auditorium, the following voted “aye”: Dachtler, Weber, Mock, Marshall, Vein – 5; voting “nay”: Weigel - 1. Mayor Brown declared the motion passed and the ordinance amended. It was moved by Council Member Vein and seconded by Council Member Marshall to approve the ordinance as amended. Upon call for the question, the following voted “aye”: Dachtler, Weber, Mock, Marshall, Vein – 5; voting “nay”: Weigel – 1. Mayor Brown declared the motion passed. Council Member Vein introduced an ordinance entitled “An ordinance amending Section 21-0205 (III) (Class 8.2 and 8.3) of the Grand Forks City Code