Committee Minutes

MINUTES/FINANCE COMMITTEE
Tuesday, January 11, 1994 - 3:30 p.m.

Members present: Kulas, McCabe, Shores.

1. Matter of adoption of a resolution re. cable TV service
standards.
Howard Swanson, city attorney, reviewed proposed resolution re. regulation of basic service rates, equipment installation and service charges within the city. He reported that City had filed letter with FCC to regulate basic cable TV; that as City now has authority to regulate, they have ability to adopt customer service standards. He stated that FCC adopted stringent standards in response to complaints, more technical standards, that City can adopt those promulgated by FCC (they were adopted to assist those municipalities that don't have technical ability to draft). He stated he needs indication as to how they want to go; that resolution cannot go into effect until company provided 90 days notice. He stated that if City adopts FCC standards, and in the future determine to localize cable service standards, it can be done and incorporated into franchise agreement; doesn't lock us in indefinitely, can change with notice to the operator. He further stated he will draft resolution adopting FCC standards by reference. He also reported he is meeting with City of East Grand Forks officials as to what joint ventures could work out and will report back at later date on that.

Moved by Shores and McCabe for adoption of the resolution, adopting FCC standards by reference. Motion carried.

2. Matter of cable TV franchise renewal negotiations with TCI of
North Dakota, Inc. (scheduling of public hearing).
Mr. Swanson reported that one of the requirements for renewal of franchise agreement is that public hearing be held, that notice has to be published and identify area of comment; that he drafted proposed notice with non-exclusive list of items for comment; that his recommendation is that preliminary hearing be held before committee at their last meeting in March to get comments before negotiation; and council then hold public hearing on franchise agreement.

Mr. Swanson stated TCI has made request to negotiate franchise; that City obligated to hold hearing to determine their ability to serve present and future needs, to determine what community's needs are, and to negotiate. At this point not to renew franchise would have to be based on evidence that either present service inadequate, or company unable to provide future services. He also noted this is non-exclusive agreement, new operator would have to go through similar steps.

Jerry Hovet, TCI, stated he sees no problem with what he's hearing here today. Mr. Swanson stated that TCI will also have
opportunity to make comments.

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January 11, 1994 - Page 2

Moved by Shores that we set public hearing regarding renewal of cable TV franchise agreement with TCI North Dakota, Inc. for March 29 at 3:30 p.m. before this committee, with notice to include listing of items for comment. Motion was seconded by McCabe. Motion carried.

3. Matter of 3-year remodeling exemptions:
a) 1314 8th Avenue North
b) 1409 University Avenue
c) 821 Cottonwood Street
d) 1326 South 18th Street
e) 1716 Drees Drive
Mel Carsen, city assessor, reported his office had received five applications; that all exemptions start with 1994 assessment for a three-year period; that all applicants qualify, with exceptions as noted on the applications (two have portions of remodeling which do not qualify), and would recommend approval. Moved by McCabe and Shores that the applications be approved, with any exceptions noted on the application. Motion carried.

4. Matter of authorizing fire chief to enter into negotiations
for purchase of land for future fire station site in south-
west section of city.
Chief Aulich reviewed communication outlining his reasons why relocation necessary; history of southside station which he is proposing to relocate from present location at 17th Avenue South and South 20th Street to 36th Avenue South and South Columbia Road. He further pointed out that ISO (Insurance Services Office) quit making recommendations and will come in and rate fire protection but will not prescribe or designate any course of action in advance. He stated that if they move station from 17th to 32nd will not jeopardize and may improve rating. He stated that City's fire defense are in good shape as far as protection goes. He stated City should seriously reconsider relocation of the southside station, and that he feels they can negotiate fair price for property on southeast corner of intersection; building scheduled for construction in 1997 at est. cost of $400,000, land $125,000 including improvements. He stated they would like to have uniform service level for entire city - response within 5 minutes, and that it is his recommendation that it's worth cost to provide uniform level of protection all across city. It was noted that the City had purchased land on South Washington Street for $35,000 for future fire station, and still owns that property.

Mr. Bushfield brought to the attention of the committee the matter of Transportation Plan update, that traffic volumes indicate possibility of major interchange improvements at Washington and DeMers; that they are in the process of moving
ahead with purchase of property in northwest quadrant of the intersection from BN to reserve for future R/W; and central fire
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January 11, 1994 - Page 3

station appears to be in jeopardy. Chief Aulich stated that if interchanges made, and fire department unable to go all four directions may not be as good a location as today, but there has to be something in the middle of city.

After further discussion it was moved by Shores that we authorize fire chief to enter into negotiation for purchase of this land, and to report back to committee with final figures and purchase agreement. The motion was seconded by McCabe. Motion carried.

5. Matter of billing property owner for snow removal after work
done rather than billing on tax statement.
Dave Beach stated he brought this matter to committee on behalf of housing rental industry; that last winter City tightened up on snow removal, and this is creating problem in some instances - i.e., single family and duples where condition of lease includes provision that occupant does snow removal, etc. and if tenant doesn't do and moves, etc. first indication that owner has that there has been assessment against his property is when he receives tax statement, up to 10 months after snow removal done and tenant could have vacated property. It was noted that this could also hold true for grass mowing which is also put on tax statement. After some discussion it was suggested that the city auditor, city attorney, engineering rep. and Mr. Beach meet to work out recommendation as to how to handle notification on snow removal and grass mowing, and report back to committee. Held in committee.

6. Matter of City chemical and substance abuse policy.
Mr. Swanson reported he had drawn preliminary draft of policy about two years ago with relation to alcohol and controlled substance abuse. Mr. Graba reported that policy was not adopted; that he has now placed matter back on agenda for consideration. He stated he had received memo from Employee Reps. re. concerns of employees on the proposed policy (d. Employees shall inform their supervisor of all alcohol arrests within five days of the arrest.), and whether this, if not related to driving offense, was too broad - that if doesn't affect employee's ability to perform work for the city, goes too far. After discussion the committee suggested some modifications to language (subsection d. to include word "conviction" rather than "arrest"). Mr. Swanson stated they were attempting to obtain early notification, that employees' concern was whether intrusion into privacy. Mr. Swanson stated he would redraft. Held for 2 weeks.

7. Matter of designated depositories of public funds.
Mr. Schmisek reported that every two years in even number years City needs to designate depositories of public funds, and that several institutions have indicated interest in being so
designated. Moved by Kulas and Shores that we declare the following institutions as designated depositories of public funds MINUTES/FINANCE COMMITTEE
January 11, 1994 - Page 4

for 1994 and 1995 and authorize the proper City officials to sign the necessary documents: First National Bank North Dakota; Metropolitan Federal Bank; Community National Bank; First Bank North Dakota; and First American Bank. Motion carried.

8. Matter of review of pledged securities by depositors of
public funds.
Mr. Kulas will review pledged securities on file in the city auditor's office.

9. Matter of municipal fire insurance.
Bob Bushfield, city planner, introduced Jessica Martin, intern in their office, who would do study as part of her internship if the committee wishes to proceed with the study. Ms. Martin presented brief overview of program, that concept of municipal fire insurance allows a municipality to provide fire protection for its citizens with policies written by the City or through agreements with private sector insurance carriers; that this would provide additional source of revenue for the fire department other than general fund monies. She noted that this is being done in several communities in California. Mr. Swanson stated there is question whether they could do under North Dakota law. It was also noted that insurance companies contesting in court. Mr. Bushfield stated question is whether worthwhile or not, could be additional revenues for city fire department, that there may be problem unpackaging from home owners policy, etc.; that these matters will be included in study and will bring back to this committee. Moved by McCabe and Shores to proceed with study. Motion carried. (committee only).

10. Matter of status of impact fee study.
It was noted that this matter being studied by the city attorney's office.

Meeting adjourned.

Alice Fontaine
City Clerk

Dated: 1/12/94.