Council Minutes

Minutes of Grand Forks City Council/Committee of the Whole
Monday, November 10, 2008 - 5:30 p.m._________________ __

The City Council met as the Committee of the Whole on Monday, November 10, 2008 at 5:30 p.m. in the Council Chambers in City Hall with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen (teleconference), Kreun - 6; absent: Council Member Bakken - 1.

Mayor Brown commented on various items during the past week and upcoming events:
Last Tuesday Americans went to the polls to determine who would represent our country in making decisions that would affect our lives, and thanked everyone who exercised their right to vote, that right and our freedom are protected every day by the millions of men and women who serve or have served in the American armed forces and join him tomorrow on Veterans Day in honoring those who have fought over the years in protecting those rights and freedom.
City Hall and most administrative offices will be closed tomorrow in honor of Veterans Day and for those who have trash pickup scheduled on Tuesday, that part of the route will be picked up on Wednesday and Thursday; city buses will run their regular routes.
There is a Veterans Day 8K cross country race tomorrow at 11:00 a.m. at Lincoln Drive Park.
There will be an open house to help answer questions about the new landfill on Thursday in council chambers from 7:00 to 9:00 p.m. - this is an opportunity to see the different facets of the new landfill and there will be representatives from the ND Dept. of Health, City of Grand Forks and consultants to answer questions.

2.1 Request to advertise for sale - commercial gas stove by fire department.
There were no comments.

2.2 Acceptance of Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant for vehicle fire training prop. ___________________________
There were no comments.

2.3 Public Transportation matters - Dial-A-Ride/Senior Rider fare increase and earlier Saturday start.__________________________________________________________
Todd Feland, director of public works, reported that this matter increases fare for Dial-A-
Ride and Senior Rider Service 25 cents and that was part when the city council increased the rate $1.00 per ride for the Senior Rider/Dial-A-Ride service and that riders beginning January 1, 2009 would pay 25 cents of the $1.00 and that will increase the fare 25 cents and will reduce the City's subsidy by that amount from $5.88 to $5.63 per ride and will bring in revenue of approx. $14,000.
The other issue is that they are asking for review and approval is to move Saturday service from 10:00 a.m. to 8:00 a.m. start - currently Monday through Friday city buses and Sr.Rider/ Dial-a-Ride start between 6:00 and 6:30 a.m. depending on route and Saturday starts at 10:00 a.m. and this would move it to 8:00 a.m.
This is one of the things they have planned for and as part of the planning process of MPO long term planning several things they have done under your leadership is that they got rid of the tripper service and that is being done by Dietrich. 2) combined the Sr.Rider/Dial-a-Rider under one system and been relatively successful, and another of the parts was to increase Saturday service to 8:00 a.m. because lot of people have jobs or appointments. That the early Saturday start does have a federal grant associated with it (50% grant) and that the early Saturday start will cost approx. $35,000 and that $3,000 of that is for Dial-a-Ride/Sr.Rider service with the balance being running the fixed route service. He reported they had a public input meeting on October 30 and from response people were understanding of the 25 cent increase and appreciative of an earlier Saturday start.
Nancy Scherer and Bobbie Vogel stated they understood the 25 cent increase in fare to the user and spoke in appreciation of the earlier Saturday start.

2.4 Recycling Service Agreement extension.
Mr. Feland reported that they are going to continue to use our existing landfill as the E/W
runway was not completed this fall because of wet season and the new date for completion of the E/W runway is July, 2009 which will be the new closure date for the landfill, and will save some money by using our existing landfill rather than having to haul our solid wastes, with an estimate of $1.2 million and which the City shares in that of $600,000 and that will help save some of our cash reserves and help divert some of that money to other activities (landfill) and spending significant sums of money to do that. He reported they did submit the permitting requirements to the ND Dept. of Health for landfill siting project - the hydrogeological investigation report, the operation plan and the permitting documents. He stated they are planning an open house on Thursday from 7:00 to 9:00 p.m. with different aspects of the landfill and have representation from ND Dept. of Health. He stated they are expecting to have an official permit hearing in December and from the updates from the Dept. of Health it seems the review is going well and goal is to have a new permit for landfill in early 2009 - construction would occur in the spring and summer with operation in the fall of 2009. The window of having to haul is getting more narrow. He also reported they have installed the bale bagging system in early September and has improved the operation.
He commented on the recycling portion of integrated waste management plan and how they can improve their collection system for solid waste and how can we perfect our recycling program. Currently have an agreement with Waste Management and asked for an extension of that agreement up to three (3) years as they would like to study the collection system and/or pay as you throw which is more of a volume based system, or using every other week pickup or every week, allow for difference in size of containers paying proportional amount. He stated he has heard from customers that they would like to pay for solid waste as water where you have a base fee for usage and a volume fee. That no matter which system they go, may constitute some capital investment, i.e., containers, facilities, etc.; that they have made some improvements with the co-mingled system and volume shows that more people are using it - but probably not as good as it should be - and over next year or so look at different options in both collection side and recycling side and bring back to the council. He stated the committee concurred in that and asked that the agreement be extended for 3 years but reviewed annually, He stated they have added some new drop sites, at SuperOne and at Valley Dairy on 47th Ave.S. and incorporated some recycling in the greenway and add garbage/recycling containers downtown.

Council Member Bjerke stated as far as "pay as you throw" that we have done that already when went to side load the City went to "pay as you throw" because went to one container; that one of his pet peeves about government in general at all levels is evaluating programs for efficiency and that we have 11,768 single family customers paying $2.15 each for recycling and average bill in 2008 was $12.22 and 18% of your bill goes to recycling and recycling accounts for 5% of our landfill - paying 18% of money to get rid of 5% of trash. The participation rate is 38% and that 62% of the people are not participating and the company that does this - that 11,768 x 62% is 7,296 x $2.15 means that every month they get $15,686 to drive by your house and not pick anything up and for the year get $188,232.00. He stated a new landfill will last 80 years and if everyone quit recycling and put into the landfill that 80 year landfill would become a 76 year landfill supposing that no one recycles and no future technology - that in the future that trash is going to be changed into something and that he is told that the majority of the people want something so we do it, now it is the minority. He stated that they are not all in 100% agreement as to global warming.
He stated that he will be proposing a compromise next Monday night to approve a three-year agreement renewed annually because of the landfill space and potential hauling it is better to keep the recycling going because could run out of space and have to haul it, and by renewing annually it gives the opportunity to look at new technologies before making any major changes to size of containers, etc.

Council Member Gershman stated that bringing up the cost because call more attention to the fact that they are paying for something and not using it, and suggested in the interest of recycling which they seem to feel is important and now with co-mingling up to 38% and disappointed that more aren't doing it and lets all start recycling.

Council Member Kreun stated we need to take good look at it and get more people involved but that extension of the agreement will give us time to get the landfill up and running, and will give us opportunity to analyze the options for recycling and make recommendation to the council, with annual review.

Council Member Glassheim asked what the 38% participation rate of - volume, weight or people. (Noted 38% of residents which is an average of whole city.) He noted that might have more than 38% of the people recycling but perhaps not every week. Mr. Feland stated route is split in two and one route done one week and other route in the next week and taken into consideration - also some residents might go to drop site and other things that could make it higher or lower. Glassheim also noted that we are only taking 5% of trash out of the landfill; and Mr. Feland noted that is by volume but if added grass, branches, metals (appliances) probably up to a diversion rate of approx. 35% of volume but of the 35%. 5% of that is related to recycling. Glassheim stated they try to put incentives on the company through education and soliciting to increase the percentage. Feland stated to really increase volumes, either through incentives or mandate, and if give council enough menu items to pick from, maybe can improve it or decide to go to a different system. Glassheim stated that if looking at different options but how do discussions over next year or two work with a 3-year contract. Feland stated agreement has a 90-day out for either party without penalty and also have an annual review.

Council Member McNamara asked if in the next 10 years will see technology that will change the way we treat garbage; and that if believe that is going to happen, and will spend over the course of 10 years approx. $2 million to recycle something that affects 5% of our landfill; that it doesn't cash flow, because we know there are going to be other solutions out there and spending that $2 million which could be devoted to infrastructure, could subsidize whatever the council would deem it to be - is a planning decision, and doesn't make a lot of sense given that we all believe that we will use different technologies in relatively short period of time. Mr. Feland stated he thinks it will, that there is a pilot study in International Falls, MN and not sure if they are going to go to plasma and driving force for the city of Grand Forks to change things is our wastewater biosolids.

Council Member Kreun stated that the only concern is that at this time the $2 million is basically coming as a fee on our garbage and if residents continue to pay that fee and let us utilize those funds in a different manner - but it gives us a couple years to analyze this, may move faster than 10 years as had proposal of company but some of those things are out there but still want to continue to keep people in that mode to try to increase recycling and if could do what suggesting - and that is what suggesting out of the service/safety committee is to give them this period of time to look at options to see if something that might come out in next few years that could work with, but have to keep in mind that you always have to have a landfill, because if go to alternative sources and methods that we don't need a landfill, but not true.
Council Member Gershman stated that he is recycling 50 to 60% of garbage - but doesn't sound right that it is only 5% of trash, and asked for review of that.

2.5 Request from ICON Architectural Group on behalf of David Vaaler for approval of a conditional use permit (CUP) for Lots A and B, Block 1, Young Resubdiv. to the city of Grand Forks, ND for the purpose of constructing an addition to the existing "Stay and Play Pet Resort" and a conditional use permit for a commercial dog ­ boarding kennel (loc. at 7274 S. Washington St.)______________________________
Council Member Kreun reported there was discussion at Planning & Zoning meeting and
that he will be asking the council to take out the words "either to be removed" because they could leave that structure there, they have some plans that may take place over a longer period of time, and make that recommendation next Monday.

2.6 Request from Meland Architects on behalf of James R. and Judith A. Bradshaw for approval of a conditional use permit for Lot 1, Block 1, Charlson Addn. to the city of Grand Forks, ND for the purpose of constructing a guest house (loc. at 6497 16th Street SE).______________________________________________________________
There were no comments.

2.7 Application for Class 1 (General On and Off Sale Alcoholic Beverage) license by Mooddyz Bar and Casino, Inc., 3450 Gateway Drive._________________________
Council Member Kreun reported that this item has been brought to them several times
before, the changes have been made and this is new owner and officer of the corporation, reviewed background checks and everything is in order at this time, and came through Service/Safety Comm. and made recommendation to authorize the application for the license.

INFORMATION ITEMS

3.1 Portfolio Management/Summary report as of October 31, 2008.
Information only.

6. MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Bjerke asked for confirmation on meeting next week re. Alerus sales tax. Monday will be council meeting. Time and place for the planning session meeting - Tuesday, November 18 at 4:30 p.m. in the council chambers. Council Member Kreun stated that the service/safety committee will meet on Wednesday, November 19, at 4:30 p.m. in Room A101.

Mr. Bjerke asked to refer to the first meeting of the service/safety committee meeting in December, the matter of having prisoners maintain our greenway and if anyone concerned, would refer you to Section I of the 13th Amendment to the United States Constitution and says that convicted criminals can be used for involuntary service, and have a discussion re. laws or what we would have to do to begin the process and putting a plan in place.

Council Member Christensen stated that would be a finance committee matter, some safety issues but have already gone through this before and have a report from Mr. Grasser as to the various contracts that the City has with the Park District and who is responsible for what re. maintenance of the greenway and before reviewing that matter that Mr. Grasser get the information as to what the actual costs are that we are paying and what the Park District is paying - all taxpayer dollars but before starting conversation see if it would save a lot of money. He stated he would set the agenda but Bjerke stated he would set it for service/safety because talking about the greenway.
Christensen stated that letting the County Commissioners settle in and get information so they can see what it is going to cost to get the prisoners out, guards, etc. and what increased costs would be as opposed to us using our machines - but other issues and if someone were to get hurt, the County is responsible for that - this takes a lot of administration and lets review this before starting process. Bjerke stated he is for the study and if doesn't get results, will hear from him again.

2) Council Member McNamara stated he represents one of the older parts of town, and asked Chief O'Neill for message to residents. Chief O'Neill stated they have been going door to door in the north end, that the two fatalities in the past year were in the area north of DeMers and east of Washington that they are trying to cover. Their message is that despite efforts to talk people into using smoke detectors and check the batteries, finding that people still removing batteries and disabling detectors because making noise when cooking; and also encouraging home escape plans and trying to teach people to know where to meet outside so the family meets together and not to go back into their home - keep escape routes open. Carbon monoxide detectors are very important, as carbon monoxide will put you to sleep.

Council Member McNamara stated they also had another fire downtown. Chief O'Neill stated they were very fortunate, was a cooking incident, but did have a sprinkler system in place in the hallway - didn't put the fire out but kept it into that apartment. He stated that they do encourage sprinkler systems and there is a new code coming out - National Code and International Fire Code, that is going to require sprinkler systems in residential homes, single family homes, and will add expense to the building of the home but could reduce your insurance rates and save multiple lives and that will be an issue addressing in the next 5 years or so whether you want to adopt those Codes.

He stated that today is the 233rd birthday of the United States Marine Corps - so Semper Fidelis to all marines; and tomorrow is Veterans Day and Happy Veterans Day to all veterans.

3) Council Member Gershman stated that it was not mentioned about the prisoners in the greenway - have lot of young women and children and families that use the greenway and is increasing - and when put the word out that this maybe a discussion point and would like to hear from those people.

4) Howard Swanson, city attorney, reported that copies of Supplement No. 18 to the City Code would bring your printed Code up to date to August 1, 2008. That if not interested in maintaining the print version any longer and are using the on-line version, he would appreciate getting written printed Code back so they can recycle and redistribute. If your Code is entirely out of date they can try to help you put it in shape but may be too difficult to bring it up to date. He stated they are going to make some changes in the on-line Code to make it more current but that should be as up to date as any printed code that is available right now.

ADJOURNMENT

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

Respectfully submitted,

Candi Stjern, Acting Auditor