Council Minutes

Minutes of Grand Forks City Council/Committee of the Whole
Monday, April 14, 2008 - 5:30 p.m._________________ __

The City Council met as the Committee of the Whole in special meeting on Monday, April 14, 2008 at 5:30 p.m. in the Council Chambers in City Hall with Mayor Brown presiding. Present at roll call were Council Members Hutchison, McNamara, Glassheim, Gershman, Kreun - 6; absent: Council Member Bakken - 1.

Mayor Brown commented on various items during the past week and upcoming events:
This was a World's weekend of Men's Curling and proud of the organizers and volunteers and whole community who pulled it off and thanks to everyone.
Don Barcome, Jr. thanked mayor and council for support in the World's Curling Championships and involvement in the past 8 years gave them a chance to put on such a successful event, from setting attendance record to the countless number of visitors who not only loved the Ralph Engelstad Arena and the competition but also raved about everything else in our community from restaurants, how clean our community is and impressed with lodging, shopping and the transportation system and not only VIP transportation system but the shuttle bus service. The success of this event will be another cornerstone for Grand Forks in securing future events for our community, and hoping to see the event back here in 8 years and after past two weeks we are in good stead in that effort. Council Member Gershman stated that in 2000 the council set up the special events fund out of our sales tax revenue coming from the economic development portion and Mr. Barcome made his first proposal and goal over the years was to have a couple tournaments to get the World here, and they were funded three times. Mr. Barcome stated the City funded 3 Curling tournaments, the US Nationals and helped fund the trip to Scotland to put in the bid.
Thanks to UND students for a Big Event this past Saturday, great to see over 900 students filling up the Wellness Center and getting their job assignments, T-shirts and helping out in the community. Melissa Taylor reported they had over 900 students show up and more faculty and staff show up than in all previous 3 years combined, and implemented a last minute food drive where students would offer to wash windows in exchange for non-perishable food items and were able to get 3,965.5 lbs. of food and that in the month of April, the Salvation Army's partnering foundation will match $1.00 to every pound of food they get donated and in addition to donating almost two tons of food they donated almost $4,000 to them as well. She thanked the Greater Grand Forks area.
Mayor Brown stated that April is the Month of the Young Child and the Hands On Learning Fair and Super Science Center will be held Saturday, April 19, at the Purpur and Gambucci Arenas and Judy Milavetz, Learning Events Coordinator, made a brief presentation to council.
This week is National Library Week and the Grand Forks Public Library has scheduled an open house tomorrow from 4:00 to 6:00 p.m., and also proclaimed that this week is National Safety Telecommunications Week in honor of the women and men who are in field of responding to 911 emergency calls, and thank you to 911 crew for work with the police and fire departments in the functions of emergency response.
This coming Saturday will also be a busy day as Amazing Grains in partnership with the City's G3 initiative and the Sierra Club will be holding a light bulb swap at Amazing Grains, and saving monies through energy efficiency.
He thanked everyone involved in Municipal Government Week and thanked council members and Public Information for coordinating it, and showed a brief video.

2.1 Applications for exemption of remodeling improvements to residential buildings at various locations._________________________________ __
There were no comments.
2.2 Ordinance amending non-criminal fines.
Howard Swanson, city attorney, stated that the North Dakota Supreme Court rendered an
opinion about two weeks ago and within a matter of hours after that opinion release and through the efforts of the Mayor's Office and his office, they directed both Municipal Court and Police Department to confirm their activities in accordance with the directives of the Supreme Court, and they are adopting an ordinance that will establish the fines that they had previously amended to fall in line with the State fines. He stated they have no choice in this respect and as a result of the Supreme Court's opinion it is a matter they are continuing to study both as to other impacts as well as financial impacts; and will be before council next week for first reading.

Budget impacts are approx. $200,000 per year according to the city auditor; that taking 75% of the $200,000 would be an impact for this year and $200,000 per year thereafter. There was a question relating to refunds and Mr. Swanson stated there is open litigation in federal court addressing that issue and that is left to be determined.

Kreun stated that in addition to the financial impacts the issue is deterrent for the particular traffic violations that occur and that is the main reason those fines were put into place, that taking away the ability to control traffic in high traffic areas as deterrent; and is sure they will be working on that at the legislative session next February.

Mr. Swanson stated he would be able to provide council this week with a spread sheet that will show offenses, that we have a significant fine for speeding in school zones and that is reduced and our general speeding fines are cut by more than 50%, and in some instances the speeding fine may be as low as $10.00, the list of penalties that the City had increased over the years based upon two different Attorney General's opinions allowed us to place higher fines for certain violations that were attempts to alter behavior, the practical effect is there are very few fines under City Code that are in excess $20 per violation, and in some instances have fines that were $100 or greater per similar activities.

2.3 Server training ordinance.
Kreun thanked the Hospitality Group for working with us on this ordinance, and Mr.
Haga also facilitated this between the Hospitality Groups and the committee.

Mr. Swanson stated that several months ago a draft ordinance was introduced for first reading, and in discussion with the city auditor, he asked that this matter be placed on this agenda for first reading as opposed to second reading, as this ordinance is slightly different from that which was originally introduced and because of the time since the original introduction.

McNamara stated that 80% of alcohol that gets into the hands of young people comes from family and friends, and that the Hospitality Industry in this city has done a great job in working with us to craft something that works and getting those people trained on a regular basis, and going in the right direction and a place for parents and people in this community to say No to buying liquor and being proactive.

2.4 Create special assessment district for Proj. No. 6253, Dist. 634, 28th Ave.S. reconstruction from 10th St. to Chestnut St.)__________________________
Kreun thanked Gerald Nolte, property owner, who went out and signed up almost 51% of
the property owners for this project, this was a neighborhood initiative and will be good project for that neighborhood and appreciates that.

2.5 Plans and specifications for Project No. 6123, Dist. 636, paving and street lights on 40th Ave.S. from S. Washington St. to Clearview Dr.)________________________
There were no comments.

2.6 Bids for Project No. 5955, Landfill Storage Building.
Mark Walker, assistant city engineer, stated this building will be used for the balefill as
well as inert landfill.

2.7 Bids for Project No. 6261, Lift Station No. 30 Rehabilitation.
There were no comments.

2.8 Bids for Project No. 6239, 2008 Watermain Replacement.
There were no comments.

2.9 Request from Building Inspections for ordinance to amend Sections 19-0101 through 19-0208 of the Grand Forks City Code relating to adoption of International Building, International Residential and National Electrical Codes._______________
Kreun stated one change in the building code relates to requirement for replacement of
egress windows, not a major change and encourages that change in the Code.

2.10 Request from Building Inspections for ordinance to amend Sections 19-0515 through 19-0519 of the Grand Forks City Code relating to adoption of International Mechanical and Fuel Gas Codes.____________________________________________
There were no comments.

2.11 Request from Building Inspections re. to Joint Powers Agreement for septic system permitting services.______________________________________________________
Kreun stated this is an issue within the 4-mile E.T. and 2-mile E-T and gives ability to
work with the County and that the County will utilize their requirements on septic system, do approval and inspection, and bring both entities together for savings in dollars and manpower.

2.12 Matter of 10-Year Plan to end long term homelessness.
Mayor Brown stated at his request the City began development of a 10-Year Plan to end
long term homelessness in Grand Forks and is part of a nationwide call to action, and that when received charge from the Governor, he passed this on to Urban Development, that work on this effort began last summer where they convened a cross section of professionals who deal with homeless populations and issues. He stated council received draft plan in January and that neither the City nor single agency can solve this problem, and implementing is going take efforts of the many agencies, public, private and non-profit, and that this Plan has his full support and encourages the council to adopt the resolution in support of this Plan.

Meredith Richards, Urban Development, gave a brief overview of the Plan, that this Plan was presented at a council work session last January and their consultant gave an in-depth review. She stated why they are looking at the issue of long term homelessness, the planning process, key elements of the plan, the City's role in the process and then what is next.

She stated as to why now, that this is part of a nationwide initiative and when the call went out to the state, Governor Hoeven took up charge and established the ND Interagency Council on Homelessness and passed that charge down to the cities, and eventually city-wide plans will be compiled to create a state-wide plan. Mayor Brown asked Urban Development staff to facilitate the process, and that it has been recognized that chronic homelessness is very demanding of limited resources and costs more to do nothing than something.

She stated as part of the local planning process they established a stakeholders core group of 25 participants and key providers: Dave Sena, Northlands Rescue Mission; Deb Johnson, Prairie Harvest; Kate Kenna, Northeast Human Service Center, and Joann Brundin, St. Vincent DePaul; and reps. from School District, Job Service, Apartment Association. They looked at statistics and inventory of local facilities and services, with the exception of a detox facility; and that all the essential services and facilities necessary to deal with chronic homelessness in Grand Forks were available within the community. She stated the specific goal, planning to end long term homelessness, get them housed and make sure they stay housed, close front door prevention and open backdoor, intervention.

Local strategies were developed to end long term homelessness and reflect back to prevention and intervention and focused on outreach, treatment service, access to those services, affordable housing, financial resources to pay for housing, enhanced prevention efforts and a deliberate planning effort; that out of those 7 strategies 28 specific actions steps and each one of the action steps would fall under one of the strategy areas and each one included identification of a lead agency as well as partnering agencies, timeframe for implementation of that action and a cost estimate was attached to those action steps. Eighteen of the 28 steps were identified as having no cost and would be agencies using their existing resources and staff, and of the 10 steps that are identified at having a cost associated, 4 were having possible cost to the City. The social detox facility was major service gap in the city, and a group was meeting to develop a detox facility and are in preliminary stages, that don't have request from any agency for funding at present, but if a social detox facility is pursued reasonable to expect that whether request from the County to own the facility or Northeastern Service Center who will operate it, City would be one of the funding partners in that facility. Based on requests that the City has had through its CDBG public service program, est. cost to the City of $20,000 or less. Single room occupancy project numbers came from a request through last year's CDBG and HOME funded Bricks and Mortar application process and an agency requested $150,000 in startup funds to develop a plus or minus $3 million single room occupancy project, the request was not granted; but if an agency were to pursue such a project they would come to the City to partner, using either CDBG or HOME funds. Local Survey to give in-depth data on homelessness in Grand Forks, these numbers are based on Fargo, $10 to $15,000 is est. for the cost of that and funded either from CDBG or possibly in partnership with United Way or UND or someone who is doing community assessment at the time.

She stated they are asking the City to acknowledge that this is an important issue in the community and to provide leadership to the community. This resolution would recognize the value of strategic planning and bring these agencies together; that adoption of a plan can be helpful for agencies when they search for funds. She hoped that the council will adopt the resolution that supports the Plan, that this is a 10-year plan and funding requests may not come at all or over a period of time but ready to address those when they come, and stand behind these agencies who do a terrific job with their limited resources and continue to assist them as they implement the Plan. She stated it was a privilege to work with these people and they do great work every day and did great work on this plan.

Gershman complimented Meredith and people involved along with Mr. Glassheim, and that he has been on the committee looking into social detox with Northeast Human Services, Altru Hospital, the City and County and that now it is being handled by Altru Hospital and costs $300,000/year; and if we were to take it over there can be some serious issues with these people - medical emergencies and seems to be handled very well at Altru, and would not have that at social detox and that in this plan the council should consider taking out social detox and recommending that it stay at Altru Hospital.

Kate Kenna, Northeast Human Service Center, stated that Altru has been a partner in providing detox, research says that less than 5% of individuals who need detox need medical detox, and that Altru has stated that they write off $300,000 in social detox but there is a difference in writing off $300,000 and actually paying $300,000, that we are the only major city in ND that doesn't have social detox, Fargo is completely paid for by the City. She stated they are looking for a partner- ship in doing this because it is a community problem and not offering an opportunity to these people who need more than detox, need intervention and that is what they can do at Northeast and would be a way for them to offer that and try to get people into the service that they need.

McNamara asked for definition of homeless as it applies here and the current estimate of numbers in Grand Forks. Ms. Richards stated that chronic homeless is someone who has a disabling condition such as physical disability, mental illness, substance abuse and someone who has been continuously homeless for at least a year or episodically homeless four or more times in a three year period. Numbers come from a state-wide survey, that one day in January every region in the state does a quick count of homelessness, recognized as being a flawed system that does underestimate homeless individuals and from the survey have approx. 26 chronically homeless people in Grand Forks, standard practice is to double that and if talk to Dave Sena of Shelter for Homeless, amplifies that number into 80 to 90 people.

Christensen stated that in the last 8 years the City has funded Northland Rescue Mission in the area of $1 million, and report of January survey 26 chronic homeless of 120, and is concerned when asked to undertake a proposition that is already being handled by Altru and in earlier conversation Altru said if had a for profit hospital here they would lose $7 million because of benefits they receive and if incurring a $300,000 expense it is accounted for somewhere because they are funding somebody to do that. That if resolution adopted, should also direct that we have a local survey conducted (funded from CDBG funds) and on Monday he will add that to this resolution to determine and get an accurate picture of chronic homeless in Grand Forks. He stated the translation of the chronic homeless as to individuals who need social detoxification and wants that broken down in that survey to separate social detox from chronic homeless and get some real numbers to see what this problem is in our community, and if treating people with medical emergencies that Altru handle those issues and to make sure we have studied it and have data to facilitate implementation.

Mayor Brown asked that they find out screening process that other cities use with social detox and may want to invite Altru next week to discuss the implications of their write-offs because they give away millions of dollars in healthcare.

Glassheim stated for clarification his understanding is that by adopting the resolution, we do not commit ourselves or any group to any expenditure, that each thing in the plan is a proposal and will come up on its own merits in a year or five years, etc. and if no funding support beyond the council, there will not be a social detox and if additional support there might be and might not be, and that this is not an adoption of any particular item or commitment to any particular funding; but resolution is a general concern and specific details are best thoughts at the moment, other organizations aren't committed to it either and would have to make decisions for each particular item as it goes forward, and not quite as much concern for adopting it because each thing will be rise and fall on its own merits going forward.

McNamara stated important to know that we are adopting a resolution, which is very clear in its intent and planning aspect without the numbers, and when spent a longtime on this the additional number was 27 and this allows us to get this planning aspect in front where it should be and still leaves future councils to be involved at the level that is appropriate, and that we are adopting the resolution, not the study.

2.13 Transient Merchant license exemption for Grand Forks Cities Art Fest event.________________________________________________________
There were no comments.

2.14 Springfest special events permit.
Katie Brown, general manager of Suite 49, requested that the city council approve the
special events permit for Springfest this year, that everything is lined up as far as setup, take down and cleanup, and is pretty much the same as last year.

2.15 Public Works Sanitation and Streets equipment bids.
There were no comments.

2.16 Municipal Parking System.
There were no comments.

2.17 Request from Donald F. Barcome for approval of petition to vacate Olson Drive right of way north of 25th Ave.S.________________________________________
There were no comments.

2.18 Request from Jerry Pribula on behalf of Michael L. Marcotte for preliminary approval of the plat of Shadyridge Estates Eighth Resubdiv. (loc. north of Adams Dr., south of Desiree Dr. and east and west of Morgan Street._______________________________________________________________
There were no comments.

2.19 Request on behalf of City of Grand Forks for preliminary approval of plat of Auditor's Subdiv. No. 45 (loc. at S. Columbia Road and 62nd Ave.S. (SE Quarter SE Quarter, Sec. 29, T151N, R50W of 5th P.M.__________________________________
There were no comments.

2.20 Request on behalf of City of Grand Forks for preliminary approval of plat of Auditor's Subdiv. No. 46 (loc. in 2000 block of 62nd Ave. (SE Quarter of Sec. 34, T151, R50W of 5th P.M.__________________________________________________
There were no comments.

2.21 Request on behalf of City of Grand Forks for preliminary approval of plat of Auditor's Subdiv. No. 47 (loc. at 62nd Ave.S. and GF County Hwy. No. 8 (NE Quarter of Sec. 34, T151N, R50W of 5th P.M.)__________________________
There were no comments.

2.22 Request on behalf of City of Grand Forks for preliminary approval of plat of Auditor's Subdiv. No. 48 (loc. at GF County Roads Nos. 6 and 8 (S Half of Sec. 34, T151N, R50W of 5th P.M.)_______________________________________________
There were no comments.

2.23 Request on behalf of City of Grand Forks for preliminary approval of plat of Auditor's Subdiv. No. 49 (loc. at 27th Ave.N. and Hwy. No. 81)________________
There were no comments.

2.24 Request from Tony Kobetsky, Douglas Earl and John R. McDonald for preliminary approval of ordinance relating to Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan, Sec. 18-0802, Elements, of Grand Forks City Code of 1987, as amended, pertaining to the Year 2035 Land Use Plan.__________________________________________
Kreun stated this is an area where working with the people outside our 2 mile ET
to accommodate some of their needs, the plan is being changed for those individuals to
get their property lined up the way they feel necessary.

2.25 Request from Tony Kobetsky, Douglas Earl and John R. McDonald for preliminary approval of an ordinance to amend the zoning map to exclude from the A-1 (Agricultural Preservation) Dist. and include within the Bison Industrial Planned Unit Development, all of Bison Industrial Subdiv. (loc. at DeMers Ave. and County Road No.5)._________________________________
There were no comments.

3. INFORMATION ITEMS

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

4. CITIZEN REQUEST

C.T. Marhula, 617 Plain Hills Drive, addressed the city council urging the city council to formally oppose the upcoming County Home Rule Charter and stated reasons for so doing.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor