Committee Minutes

Minutes of the Grand Forks City Council Service/Safety
Committee - Tuesday, June 29, 2010 - 5:30 p.m.________

The Service/Safety Committee met on Tuesday, June 29, 2010, at 5:30 p.m. in the Council Chambers in City Hall with Member Bjerke presiding. Present at roll call were Bjerke, Grandstrand, Gershman. (Kreun was out of town)

Others present included: Al Grasser, Jane Williams, Mark Aubol, Todd Feland, Melanie Parvey, Chief O'Neill, Pohlman, Emily Fossen, Cheryl Ramberg, Don Shields, Bev Collings..

Acting Chair Bjerke called the meeting to order at 5:33 p.m. and noted an additional item added to the agenda re. parking signs on various streets where width is less than 31 ft.

1. Ordinance repealing Section 12-0303, 12-0304 and 12-0305 relating to manufacture, use and sale of blank cartridges and sale and use of fireworks.
The ordinance repeals various sections of the City Code - duplication of provisions re.
sale and use of fireworks, etc. Comm. moved this item to council for approval.

2. Request from Brown Corporations for refund of portion of 2010 annual alcoholic beverage permit renewal fee for Suite 49.
Emily Fossen, finance department, reported the Brown Corp. has paid their liquor license in full for 2010 with hope to transfer their license for Suite 49, the sale has not occurred and requested refund of half of their fee as provided in City Code. Comm. moved this item to council for approval.

3. Assessment district project #4657.1 - Johnson's 4th Addition Sanitary Sewer District #388.1 for newly annexed property in the future assessment district (Properties are Lots A, B and C, Blk. 1, Johnson's 4th Addn.)
Fossen reported this item was considered at finance comm. meeting last night and was
brought to the attention of this committee that the special assessments are coming forward - that finance comm. is moving it to council, and is for this committee's information. Comm. reported this item was moved to council by finance comm.

4. Assessment district project #4660.2 - Johnson's 4th Addition Paving (11th Ave.S. S. 40th Street, 15th Ave.S,) Dist. #552.2 for newly annexed property in the future assessment district. (property is portion of Lot C, Blk. 1, McEnroe's 2nd Resubdivision)
Bjerke stated that this item was also discussed by finance comm. and was forwarded to
council for approval.

5. Special Assessment for Corporate Center Parking Ramp Construction, Project #4796.2, District #11.
Bjerke reported that this item was also at the finance committee and was tabled for two weeks for additional research/comments, etc. Gershman stated they are going to bring more information back on the operation and maintenance fees that property owners/businesses are paying downtown and look at it again in 2 weeks. Bjerke stated this item is back in finance committee.

6. Cost Participation and Maintenance Agreement for Project No. 6474, DeMers Avenue Pavement Rehabilitation from Washington Street to 5th Street.______
Al Grasser, city engineer, reported this is routine agreement with the NDDoT, that DeMers Avenue is on their regional roads program and is project they proposed here by district engineer, City's share of cost is 10%, map shows limits of the project which goes from where Washington Street project ended and taking it to 5th Street, and recommending approval - this 2011 project.

Bjerke stated maintenance possibilities of the Skyway Bridge and DeMers Ave. will not change, and asked what is that agreement; and also future maintenance possibilities for approx. 450 ft. on 4th Ave.S. which will be transferred to the City Grasser stated the DOT is responsible for that portion of Skyway and DeMers, there have been discussions in the past about turning that over to the City, but not availed ourselves of that. He stated there is piece on 4th Ave.S. that was in State's purview but is not part of the classified system of the regional program but more into the urban program and that section of the road once rebuilt will be turned over to the City. Comm. moved this item to council for approval.

7. Cost Participation and Maintenance Agreement for Project No. 6567, Sign Replacement and Incidentals on US 2 (Gateway Drive) from Niagara to Red River.
Grasser reported that the State of ND is replacing signs to meet federal retro-reflectivity standards and taking on large project - we have no cost share in this part of the agreement but just lays the framework and that if we find that there are some city signs that we want to replace, it gives us opportunity to get them into their program and use their unit prices and pay for that but otherwise zero cost to City.

Gershman stated that several years ago he and Mr. Brooks worked on beautification of the Gateway area, fence painted but never much success with the State or County mowing the ditches out there, and asked if going to respond back to the State, make mention of that and perhaps check with the County re. ditches as they have not been cleaned - from the airport in. Grasser stated he thinks they have a beautification project, not sure what it entails, but is scheduled for next year by the State (Transportation Enhancement Project from the City out to the airport) Bjerke asked Mr. Grasser to check on that and report back to the committee re. mowing, picking up litter, and potential project year from now, etc.

Todd Feland, director of public works, stated re. litter from airport to city limits, a Boy Scout Troop does this in the spring and fall, City reimburses them as part of their activities - City pays Urban Development to clean it up.

Committee moved this item to council for approval.

8. Declaration of obsolete electrical equipment as surplus and approve the method of
sale.__________________________________________________________________
Jane Williams, traffic engineer, reported that City Code requires that property that has value of more than $200 has to be declared as surplus, not sure value of this equipment, but want to make sure if they sell it and gets more than $200 are complying with the Code. Equipment is outdated traffic controllers and electrical fixtures being replaced by new equipment in coordination program - would like that declared as surplus and move it out, money would go into general fund. Comm. moved this item to council for approval.

9. Matter of private swimming pool regulations. (Information only)
Bev Collings, building and zoning administrator, stated that our ordinances address pools vaguely - don't need building permit until have 5,000 gal., but now the affordability of smaller pools which can be put in up and filled with water - have concerns from some neighbors and that should regulate them. That because our Code doesn't refer to gallons, only building permit section says don't need permit unless 5,000 gal., they have been looking at 2 to 2.5 ft. in height. Issue is safety concerns as no fence or cover. Gershman stated that the City could require a cover to be placed on the pool when not in use rather than fence - that every pool that is sold has option to buy a cover as don't want leaves, etc. in the pool - cover would be better for cleanliness from health standpoint and retains heat of water overnight and that he would recommend taking a look at covers rather than fencing because of cost, etc. Collins stated their question is that they do require a fence for pools but no cutoff and now being practical - that they are in their 3-year cycle for adopting a new building code, etc. but won't come until this fall and are dealing with on a case by case and talking to individuals that have pools, people have been very cooperative. That because of short summer season and pool season that is what they will do for this year and look at it and bring it to you with other ordinances. Information only.

10. Matter of reappointments and new appointments to various Building Inspections Department Boards (Board of Adjustments, Board of Appeals, Mechanical Board, Plumbing Board and Electrical Board)_____________________________________
Collins reported that listing shows individuals that the Mayor has appointed or reappointed to the various boards, that she worked with Lois in the Mayor's Office, most of these appointments have specific requirements and have to be in field of the committee - plumber, heating installer, etc. She stated these boards meet infrequently except for the Board of Adjustments. Gershman stated he wanted to make sure that everybody has an opportunity to know about committee appointments so that they can apply; that it would be beneficial for citizens if it goes up on the website but that the Mayor makes an announcement at a council meeting when we have appointments available and should incorporate that into our newspaper ad
- that he will talk to Rick Duquette about it - not everyone goes to the website. It was also noted that this could be put on the utility bill - Forx Home Builders, etc. Appeals to decision of any of the Boards would be to the city council or Board of Appeals to Planning and Zoning. Comm.
moved this item to council for approval.

11. Specifications and sole source purchase of LOGO's digital imaging system.
Lt. Pohlman stated that the State Homeland Security grant allows for $32,000 for purchase of a system, no matching funds, this system would be purchased and placed in our new quick response vehicle that they have on order. Last year Fiscal Year Homeland Security funds purchased a similar system to be transferred in their main bomb truck, this is equipping the new truck with similar equipment, and requesting approval to purchase this with their grant funds and sole source through the LOGOs Imaging, LLC which is sole manufacturer of the one used throughout the State of ND and also our current system.

Bjerke asked for explanation of Regional Bomb Squad by Lt. Pohlman and overview by Chief O'Neill of fire department.

Lt. Pohlman reported the ND Department and the US Services has established four primary response regions throughout the State of North Dakota, the northeast corner is the responsibility of Grand Forks to respond to situations, that our bomb squad is currently made up of the University or North Dakota Police Department, Grand Forks Sheriff's Office and Grand Forks Police Department members. FY08 funding started through higher level to bring us up from a Type 3 Response Category to a Type 2, which is more improved response vehicle, handles higher level of explosives than most categories. This allows us that capability to respond to the NE Region no matter what type of situation we may have; our SWAT Team has also received added funding so basically all our special operations groups are moving to that Type 2 response level - federal funding with no local match required. He stated that not versed on the details but primarily with the Police Department their funding once have response the report is forwarded to the Dept. of Emergencies for reimbursement to the agency for costs involved in response to the Regions.

Chief O'Neill stated the process started 10 years ago or more when Regional response within the State, there are 4 distinct regions (NE, SE, NW and SW) and 4 communities that have capabilities to respond better than others, cities of Grand Forks, Bismarck, Minot and Fargo, and also secondary communities which would include Devils Lake, Jamestown, Williston and Dickinson.
Funding went to smaller localities and found out that spending the money and just reaching efforts the Emergency Services formed different committees that went through everything and formed advisory groups in the four regions which are made up of all the different disciplines - police, fire, EMS, health, etc., they make their recommendations to the policy network group from each of the four regions, (he happens to represent NE section) and that further action to determine where the money is sent, look at the different disciplines, look at the needs and then make a determination how that money each year goes out - fiscal year monies would normally be about $35 million/year, which is about what it has been running - funds go to each of the regions and that is split up among the disciplines. The Grand Forks Fire Department and other fire departments with a little money from last year, are getting very close to all our needs put in place. Next will be looking at the next phase which is going to be on urban search and rescue, etc. and also regular search.
He reviewed process of Region assisting smaller community, that on the technical side of it, all of our costs would be turned back to the State, State will reimburse us and they in turn will go after the other area. Not all of the finding is in place right now - trying to get it through the Legislature and get laws passed to make it all happen. The side benefits for the City - have lot of equipment, training which should benefit the City along with the rest of the region. First commitment is to the city and will always remain such.

Comm. moved this item to council for approval.

12. Specifications and sole source purchase of SIDtm Bomb Transport System
Lt. Pohlman stated they are also requesting the same FY09 Homeland Security Grant Fund, there were $60,000 identified for a bomb transfer trailer or containment vessel - this system that is being recommended for sole source purchase, that the company, Criminalistics, has been in the business for over 35 years and is primary supplier to the Department of Defense and numerous other larger agencies throughout the U.S. With all the accessories and the trailer will cost about $50,000 which is under the allotted amount within our grant funding. This is a trailer that will be pulled behind our quick response vehicle that has been ordered and this will enhance our safety capabilities because the trailer can withstand or if suspected item is placed inside it, it will take 20 lbs explosive and direct it up into the air and minimize any kind of injuries in the area. There will also be no lung or hearing loss to the occupiers of the towing vehicle and this is drastic improvement to how we handle suspected devices and get them out of the populated area to a remote area where they can be dismantled, etc. safely. In previous years Homeland Security grant allowed them to buy a robot and radio controlled remote control operator for removing any suspected devices to put in the trailer. Comm. moved this item to council for approval.

Chief O'Neill invited Mr. Grandstrand to come to his department to see area and demonstration of equipment, etc. and understand their capabilities.

13. FOG Control Program Ordinance language and monthly FOG service charge.
Todd Feland, director of public works, started this as do have a discharge permit where able to discharge wastewater as part of that permit, have 42 sanitary lift stations and many miles of sanitary sewer and forcemain and fortunate to have good wastewater system and operators. As part of our permit go in and deal with this issue, have come up with a fee structure that would be fair and reasonable for the facilities and have been getting feedback from the committee and restaurant owners. He stated that they want to put the ordinance in place, set up the fee structure.
Feland stated that grease gets into the pipelines and everyone has a sanitary sewer server that goes into our mainline and what is happening is we have "hot spots" around areas of the city where they don't have any traps, and when grease goes down it accumulates and plugs up the sewer, doing extra cleaning in those areas where we want to prevent sanitary sewer overflow which would inundate many homes and businesses - trying to do with this program is to identify that we are doing extra services for areas and not fair to those businesses who are doing the right things to prevent from happening

Melanie Parvey stated over last two years have talked with the food service establishments and individual in her office, Ed Haskell, environmental specialist, works directly with them - had good response and have seen improvements with the establishments. There is a cost with our inspections/visit and training and incorporate that cost into the overall service and service fee will actually decrease as see continued improvements.
She reviewed how to fairly distribute costs to the facilities without grease removal device where they can put a trap inside the facility grease trap interceptor or larger interceptor on the outside of the facility, both of those removal devices require maintenance - lot of voluntary compliance within the last 8 months, facilities have added grease traps in looking at the fees and knowing that they were doing improvements to their facilities -about 200 that have actually voluntarily complied without putting together an ordinance - have some facilities that aren't as willing to cooperate with us - the current ordinance language doesn't have the teeth to be able to go in and do what we need to - have worked with health and fire departments and they have better understanding of what we need to happen.
She noted that they have discussed is the 4 different categories for service fees, the proposed fees would range from $2.75/month up to $71.58/mo. and highest fee is for those that don't have anything and not been required to have anything. In order to move to the next category either need to add a device within time frame or charged this fee. The dollar amounts that they estimate is the cost for us to do the service.
She noted they have had few comments after sending information out and there was concern about having facilities like gas stations, convenience stores whether or not they should be included and were kept on the list because they had kitchen facilities, etc. and would be small fee. Ordinance language sent out to food establishments and did not hear back from them - have about 200 food establishments that they communicated with - content with language as drafted.
She stated that if had everybody comply with the program wouldn't take in enough money and intent is more for compliance and reduce the overall cost and maintenance in long term, and not the complete cost recovery - there is a possibility that we won't actually recoup $69,000 in fees for this year but if have that many more people complying were able to take staff members and equipment and use in another parts of town and not have to add to that department so just rerouting their staff for the day. Fees cost more for places that don't have devices than if just bought a device. That if establishments don't want to deal with it, they don't have to, but there is a cost of doing business for us to continue to maintain that and would benefit the facility to purchase the trap and service it themselves and that cost minor compared to the actual interceptor that is required with new construction.
It was noted that the School District and University of North Dakota are included in this program.

Bjerke stated that he doesn't consider the user fee a tax, they generate more work for us and compensation for service. Comm. moved this item, including ordinance and fees, to council for approval.

14. Update on implementation of safety no parking on one-side of street.
Grasser stated this is a problem that has been developing over long period of time in the city, that years prior to the '70's lot of streets in town were narrower than current standards, that the number of vehicles has increased and more cars put out on the street - that last winter was second winter in which we had fair amount of snow and were getting calls and concerns from emergency response people including street department re. getting equipment through some of these streets where vehicles parked on both sides of the street - during winter with snow removal cars parking more towards center of the street and cannot get emergency response vehicles through - plus size of emergency response vehicles increased also. Because of this Jane Williams, traffic engineer, and Mark Aubol, street supt., put together a plan and brought to service/safety comm.. last winter whether setting criteria of 31 ft. where streets narrower than that, limit parking to allow emg. response vehicles; comm..approved that and staff started on that program - there are number of areas where they have placed "no parking" signs - do go through notification process but more of a media type notification and website - they have received calls but mostly questions - but also concerns from people that don't want change in parking but because of that going to put this on hold until know what areas they are going to be adding - but finding out that need to better inform people when making any changes - try to get more community involvement when going into neighborhoods to do this - there was also come concern about the costs of doing mailing and did "door hanger campaign" by informing people by putting paper in the door and would continue doing that. Tough situation because want to make sure that preventing a bad situation if emg. response vehicles can't get to somebody's property because of accessibility.

Gershman stated concerns he received from several individuals, problem with people not aware when change was being made. A pastor from Cottonwood Church on corner of Belmont - have St. Mary's, Cottonwood and Episcopal Church - 3 churches and people parking several blocks from churches and 8 families received tickets - adding burden to number of parishioners. When put parking one side create an atmosphere for speeding - parking on both sides slows traffic down. Also in many areas there is not enough parking available, older homes converted to apt. units and people unable to park near their homes. He asked if it was possible to declare "snow emergencies" - parking lots not big enough so people parking on streets and are asking for some trouble to try to solve problem for a few days a year - understands emergency aspect - doesn't know answer but there are consequences unforeseen and unacceptable. He talked to another council member today and explained because of emg. vehicles was concerned about his neighborhood - hitting an area of town with older streets and older neighborhoods and causing more distress than had anticipated.

Grasser stated this could be brought back to committee as more formal action item, but not going to be adding any streets in the meantime but a no win situation because field number of calls and one of the concerns in areas where more rentals is the parking on the street - and couple years ago did change ordinances to require more off-street parking to accommodate that but need to responds to that in unified voice from the city -

Gershman stated that lot of snow last winter and if there were circumstances where emg. vehicles cold not get through. Mark Aubol reported that he talked to ambulance driver and two instances on S. 9th Street where ambulance had to back out and go around which is time consuming - did talk with one of the firefighters last winter and they had on response one area on11th Ave.N. where had to back out to 20th St. from 23rd St. and Chief can explain other ones, but those are red flags and some hot spot areas that need to get parking controlled - and that led them to initial discussion - did emg. posting during holidays in Dec. and Jan. last year on north end by St. Michael's because couldn't get through at all - cars blocked whole street and that is what led to this. Emg. posting - went on streets they couldn't maintain and posted one side - 500 and 600 blocks of N. 7th Street worst area and neighbors even called and wanted to know what we could do to get the street cleaned or opened so cars could get out of there, so they dug out the spot and posted streets with signs. Aubol stated that they do some seasonal signing which they have done for years -

Gershman stated he didn't know what they can do but issues have consequences. Aubol stated that they felt they were doing the right thing but each block has had its own format of what they need to change - do one side in one block and switch other side in next block because of daycare of handicapped - Gershman suggested that perhaps they also need to talk to churches.

Chief O'Neill stated that if visit with street department and try to work through some of these issues, their vehicle is 9.6' wide and some streets they can't get through - but stated that if a fire could push a vehicle out and if can't get down you will hear more complaints - and would be glad to take this back and visit with engineering, etc. Grasser stated that if get calls, refer to his office.

Comm. stated staff research and come back to committee.

The meeting adjourned at 6:55 p.m.

Alice Fontaine
City Clerk