Council Minutes

COMMITTEE OF THE WHOLE

Monday, July 22, 2002 - (following special council meeting at 7:00 p.m.)

The city council met as the Committee of the Whole on Monday, July 22, 2002 following the special city council meeting in City Hall with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman (teleconference), Christensen, Kreun - 6; absent: Council Member Kerian - 1.

Mayor Brown announced that when addressing the committee to please come forward to use the microphone for the record and advised that the meeting is being televised live and taped for later broadcast.

Mayor's announcements:
1) He announced they will be spraying for mosquitoes tonight, that Health crew anticipating we will see a surge of mosquitoes in the next week due to last week's rain and will continue with spraying and larviciding when we can.
2) The Walter Trout concert downtown was a huge success, that it is events like these that make us a destination community.
3) He stated he and staff are working on the 2003 budget, making some tough decisions and is looking forward to bringing forth a budget that will balance efficiency and quality of service that our residents expect.
4) He stated that Michelle Cooke will be leaving our community and want to say farewell to Michelle, she has been a budget officer for the city for four years, and her hard-work and talent will be missed.

DISCUSSION ITEMS

3.1 Hold public hearing for moving permit application to move the garage from 706 South 23rd Street to 315 Belmont Road._____________________________________________________
It was noted that the driveway enters from the alley and setback requirements are 3 ft.

3.2 The Comprehensive Annual Financial Report of the City of Grand Forks for the year ended
December 31, 2001, and the Independent Auditor's Report.____________________________
Council Member Brooks stated the proposed recommendation is to send this to the finance/ development committee, and asked if they have to wait until next week but go to that committee now and start the process. Mr. Swanson advised that the council has previously adopted a procedural rule indicating that the committee of the whole cannot pass motions, that the mayor could direct that it would go there, but this body wouldn't be able to take that action. Mr. Brooks asked if the mayor could send it there and start the process; the Mayor agreed.

Council Member Hamerlik stated there was a purpose of setting up the standing committees and that nothing would go there unless there was a real need and that wouldn't be determined by any council person or by mayor or anybody else but by the group that decides we need more study, that he has no problem with this item going there, but if establish the precedence that any time something like this comes up, we move it over to the standing committee and afraid the standby committees will be used a bit different that what they had intended.

Council Member Christensen stated Ms. Jerath, deputy auditor, asked if this could go to their committee as an audit committee because the modern process is to have an audit review committee and that he agreed with that; and as a matter of procedure as this is a new single audit act, maybe the Mayor should refer this to an audit committee consisting of the finance/development committee
Committee of the Whole - July 22, 2002 - Page 2

and Mr. Brooks, and do as a matter of referral. Council Member Gershman stated it is the intent of both of the standby committees would not be exclusive of any council member. Mayor Brown stated the city auditor will make that available and referred this to the audit committee.

3.3 Application for transfer of an alcoholic beverage license from Grand Forks Motel Enterprises
Inc. (Holiday Inn) to HI of GF, Inc. (David A. Ramage).________________________________
No comments.

3.4 Amend Section 18-0802 of the Land Development Code relating to The Grand Forks East Grand Forks 2022 Transportation Plan Update.____________________________________
No comments.

3.5 Ordinance to amend Section 18-0207 A-2 (Agricultural Reserve) District subsection (3) Con-
ditional Uses amending Paragraph (D) re. to the storage of agricultural projects.__________
No comments.

3.6 (Final action) Final approval (fast track) of a replat of Lot A, Block 1, of a replat of Lot 2, Block 1, of the plat of Congressional First Resubdivision to the city of Grand Forks, ND (located between 6th Avenue North and 12th Avenue North and between N. 53rd Street and
North 55th Street).______________________________________________________________
No comments.

3.7 Request 2.5 FTE classified positions - Community Health grant new revenue.
No comments.

3.8 Budget amendment (HL85, 2002, $51,053,7/15/02), 1 FTE Project/Grant funded position, and bio-terrorism grant amendment with the ND Dept. of Health, new revenue._______________
Don Shields, director Health Department, stated that on item 3.7 have 20 years worth of tobacco settlement monies and the agreement which council approved in June is going to be a minimum of a 20-year agreement, asking for those 2.5 positions be classified; but when the grant ends those 2.5 positions would disappear. He stated item 3.8 is a new grant and is one fulltime equivalent but project grant related, that when the grant ends, that position would end. None of this would obligate the city council to fund any positions in the future and neither of these require any local match. He also stated that the regional bio-terrorism coordinator is a regional position to do bio-terrorism planning, mostly for Grand Forks area, but also including the northeast region of the counties in the northeast part of North Dakota, it has some training associated with it but no matching funds. He stated that there is $20,000 for public information, and work with the media in case an event of that nature were to happen, that we have a public information office and could use those funds, about 90% of what is called for in this grant, basically is a part of their day to day mission and use those $20,000 to off-set what is currently being spent in city mill levy until such a time as this grant may not be available. He stated there are funds for next year and will continue to watch that and come back with recommendations on the grant if that appears to be of longer term.
Council Member Christensen asked if the money we are getting for the grant positions, also fund their pension, health. Mr. Shields stated it does - salaries and fringe.

3.9 On-going Tobacco Prevention and Control Grant Agreement with North Dakota Department
of Health (7/1/02-6/30/03, HL40, $50,000._____________________________________________
No comments.

Committee of the Whole - July 22, 2002 - Page 3

3.10 Mycobacterium Tuberculosis (TB) On-going Screening Grant agreement with the North
Dakota Department of Health (#PF03-44, 7/1/2002 - 6/30/03)._______________________
No comments.

3.11 Budget amendment (Revenue Fund 2160, $21,207, 7/12/02) for Mosquito Control Equipment
purchase approval by city council.__________________________________________________
No comments.

3.12 Applications for abatement for 2000 and 2001 taxes by Harold Hanson, 1635 28th Avenue
South, Unit #9._______________________________________________________________
No comments.

3.13 Applications for abatement for 2000 and 2001 taxes by Donald and Patricia Berntsen, 718
South 22nd Street.-____________________________________________________________
No comments.

3.14 Storefront Rehabilitation Program.
Council Member Brooks asked if they have given some consideration to expanding the area west of 42nd. Council Member Glassheim stated they did not; and stated that if this passes the committee will need to have a brief meeting with staff to review before the new information goes out that committee's expectations are clear.

3.15 Allocation of HOME funds for Multi-Unit Residential Rehab Project.
Council Member Gershman asked what other requests or needs will be put on hold if we grant these funds. Mr. Hanson stated these funds are unobligated as of today, and have approx. $167,000 unobligated and this $120,000 would come from those funds.

3.16 Request for carry-over money to be used to scan documents.
No comments.

3.17 Amendment No. 22 to Greater Forks Engineering Group for in-kind engineering City
Project Nos. 4809, 4811, 4814, 4814.2, 4815, 4815.1, 4815.2, 4816.1, 4816.2, 4816.3, 4820.
Council Member Gershman stated that as this is due to project delays and a need for full-time observation of contractor performance, if that was unusual practice, and how much of these funds are for that. Mark Walker stated that the contractor took a little longer than anticipated during the project, and appears to be about $9,000 additional efforts spent. He stated we have a performance bond and there was a completion date but quite a bit of additional work was added into this relocation project, work that was intended to be included in Phase II. Council Member Christensen asked what the contractor didn't do that we have to have watched. Tom Hanson, WFW, stated that on Belmont Road there were several houses that had services from the back or from side streets where watermains and sewers were being abandoned because of the flood protection project, the subcontractor who did that work did it in the wintertime and couldn't properly be compacted, and tried to get by without compacting that and they had to go out there and have someone on site and watch each excavation, they re-excavated and properly compacted and the density test done and then sodded and took an extended period of time for performance on the part of the subcontractor, that he had been paid by the prime contractor at that point in time when it became obvious that he wasn't going to go back and do that. He stated that now the sod is in place and residents are happy. Council Member Gershman asked if we were paying for someone else's mistake; Mr. Christensen stated yes, and perhaps Mr. Hanson can help us to explore some
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options as to how to recoup that money from the prime contractor, but that's an issue for another day. Mr. Hanson stated that if in the future that subcontractor comes up for project, will recommend not having him do work for the City and have the ability to do that, and his bond is still in place. Mr. Hanson stated the amount on that project over the amount set up would be less than $4,000 and other part of that was the $6,000 estimated for the diversions where had to relocate pipes for the drainway and delayed on part of the City and the Corps and less than $4,000 with the Belmont Road issue. Council Member Christensen asked if they would give a report to senior leadership group and let them resolve it.

3.18 Bids for Project No. 5320, District No. 90, paving Library Circle from South 17th Street
to the intersection 300 ft. east of the Public Library and South Library Circle from South
17th Street to Library Lane.____________________________________________________
Council Member Hamerlik questioned why the City was picking up 80% for this particular project. Cindy Voigt stated that was in the creation of the special assessment district, this was more than just a maintenance project, which is typically 50% City and 50% assessed, that they needed to patch approx. 30% of the street in particular in front of the Library and the cost for patching was 45% of the total project and had reconstruction dollars in the budget and felt it was not fair to the property owners to assess them 50% for something they were going to have to pay more for, and City will pick up that difference and property owners only pay 20% - above and beyond a maintenance project.

3.19 Quotations for City Project No. 5295, 2002 Sanitary and Storm Sewer Repairs.
No comments.

3.20 Bids for City Project No. 5388, Repair Wastewater Secondary Cell No. 3.
No comments.

3.21 Establish Citizens Advisory Committee.
The committee reviewed the options listed in the staff report, along with Mr. Hanson's recommendation for Option 1 (member from each ward and the finance/development committee)
as the finance/development committee is going to review policies re. CDBG funding and the Citizens Advisory Comm. could contribute to the development of the policies for the long term plans for CDBG money and to develop the 5-year consolidated plan for the city, and was trying to tie the two bodies together.

It was noted that previously when Citizens Advisory Comm. reviewed applications, there were a series of meetings and questions asked if council members had to be involved and if that would hinder citizen input. Council Member Hamerlik stated he preferred Option 3 with addition of a rep. from the committee or to have it come back to that committee for review.

Council Member Christensen stated it didn't matter which option they select because you're looking for citizen involvement as far as their opinion as to whether or not the applicant qualifies for the receipt of funds - it is very important that whoever sits on these committees understands what the national objectives are, what LMI is, what slum and blight is, and Mr. Hanson seems to think we need some public input as far as selection.

There was discussion as to number of citizens on the Advisory Committee and Council Member Glassheim stated if wanting to get more people involved in city government, should be happy to call citizens in to making decisions, that Citizens Advisory Committee wonderful training ground for
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people who may or may not want to be in politics but may want to contribute to the city, and the more people you can mobilize the better, and since public money either the standby committee or the council would have to take their recommendations and recommend that either Option 2, Option 3, etc. because the issue is not efficiency but other people participating and having a chance to be part of government working.

Council Brooks stated we have reduced our size but are increasing our committees and need to be very careful of that.

Council Member Christensen stated he agreed with citizen input that on Monday next he is going to add a 4) which is a committee of 7 or 9 to be selected by the Chamber executive body because this would be a good place to source those people rather than each of us appointing someone and there should be committee involvement but doesn't care if any council members sit on that selection process as long as it comes back to the council for review.

Council Member Gershman stated he sits on that committee that is working on the names to find the new potential leaders that Ned Hill has asked them to do and probably about 150 names and many of the names are people that are not the usual and have had a number of lengthy meetings and could provide that list to the council members but wouldn't hold each council member to that because they may have other names of potential young leaders that would like to get involved that they have not been able to be recognized and could add to the list. He stated this would be an opportunity for us to get new people involved.

Council Member Glassheim doesn't think it would be fitting to have one group be nominating the people - but then maybe Community Action Agency would be more appropriate than the Chamber since this is mainly for low and moderate income funds so people who have knowledge of that area of the world might be better leaders to develop on that, but thinks Mr. Gershman's modification would work and would be grateful to have a list of people to look at.

Council Member Hamerlik stating a little bit from each - a listing of the names, council people selecting from their ward and go to 14, none of which are council people.

Council Member Kreun stated he would think we would want one councilperson from our finance/development committee just for continuity to bring that information back and forth to the council.

3.22 Job descriptions - Mayor's Office.
No comments.

INFORMATION ITEMS

4.1 Status of substandard structures ordered to be demolished.
Information for council.

4.2 Portfolio Summary.
Information for council.

ADMINISTRATIVE COORDINATOR COMMENTS

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5.1 Mr. Duquette stated in the near future he will be bringing an ordinance change for the pension committee, presently 7 members on the pension committee (3 council members, 3 employee reps. and the mayor) and the quorum for that committee is 5; and would like to suggest going to 5 member committee (2 council members, 2 employee reps. and the mayor) with a quorum of 3, and will be working with Mr. Swanson.

Council Member Hamerlik stated there is a vacancy of one council member and one person from the employee reps. and some discussion with certain employees but has not been approached to the employee reps. as of this time, and if there is a possibility that communication could be done and if now coming out of the administrative coordinator's report, eligible to be on the council meeting on August 5, that finance is having trouble getting a quorum and there are some things that need to be done, etc. Mayor Brown stated they would have that drafted for presentation at the August 5 council meeting.

5.2 Mr. Duquette stated they currently have resumes and applications for the Urban Development director position, two things in that position they need to consider - that the Housing Authority is recommending that they go to a separate housing authority director reporting to that Authority and also developing a joint powers agreement between the Housing Authority and the City. He stated we need to change that job description for the urban development director to reflect that change as it comes about; and that there is some uncertainty about how does economic development fit into this particular position and what he is asking of the council and mayor is over the next week to consider turning this over to one of the standby committees for a look at that piece of the job as we move forward, and ultimately what he is suggesting is that they hold on hiring of the urban development director at this point until they get this things figured out. He stated he has visited with Mr. Hanson, with Mayor and the HR director at this point, but something to think about over the next week and give feedback.

Council Member Brooks stated he had talked to Mr. Duquette and the Mayor about economic development and where it fits into the charts and if have discussion next week during comments or how would they like to handle it or have a timeframe working under. Mr. Duquette stated if the council would concur with moving this to the standby committee, that would be step 1 and would like to get this issue resolved inside of two months. Council Member Glassheim asked if there were going to be interviews for this weekend; Mr. Duquette stated phone interviews were placed on hold pending outcome of this circumstance.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Brooks stated he has two comments: 1) request for update on the FEMA reports from DSR dollars relating to the 1997 flood, the city auditor stated they will send out a memo on that. 2) Airport Authority Taskforce, been working with Mr. Duquette and Airport Authority has their new officers and trying to get a time set with the president and executive director with the 3 council members and with reps. from the County Commission.

2) Council Member Hamerlik stated that several weeks ago he brought up what's happening with Springfest and today received an e-mail that meeting is being planned and must move posthaste because been 3 or 4 weeks and school starting, etc.

3) Council Member Kreun stated Saturday morning had the opportunity to help kick off the Boost America Program sponsored by United Way and Ford Motor Co. and is their objective to educate
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parents and public on child safety - child safety being number one, car seats and the boosters; well attended and well sponsored event; had 10 drive through booths for vehicles, had hundreds of people come through and sold and gave away over 400 boosters and car seats on Saturday morning. and appreciates what Carmen Hanson, United Hospital, did to push this forward and bring this to Grand Forks (100 cities that participated and we were 100th city on the tour), and was very successful event.

4) Council Member Christensen stated he would like to know the status of buyouts in Northridge Hills and a report on that, and the status if going to make offers for the people where homes aren't going to be taken but so much of a partial take and if option for the City to buy the homes; and that he appreciates the process that the mayor and staff are making on the budget and they are here to help if needed.

5) Council Member Gershman presented the matter that there are no new postcards of anything in our city, trying to build tourism and have people come, the postcard you do see is the old footbridge that we tore down and suggesting that maybe the info center and a few of them could get together and see how they could get some people interested in producing some postcards of our city, that we have some incredible facilities now and different venues and need postcards that look good.

ADJOURN

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim to adjourn. Carried 6 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor