Council Minutes

MINUTES - COMMITTEE OF THE WHOLE
Monday, June 23, 2003 (following special council meeting)

The city council met as the Committee of the Whole on Monday, June 23, 2003 in the council chambers in City Hall with Vice President Hamerlik presiding. Present at roll call were Council Members Brooks, Glassheim, Gershman (teleconference), Christensen, Kerian, Kreun, Hamerlik - 7; absent: none.

Vice President Hamerlik announced that when addressing the committee to please come forward to use the microphone, give your name and address for the record, and advised the meeting is being televised live and taped for later broadcast.

PRESENTATION BY ND LEAGUE OF CITIES RE.
COMMUNITY EMERGENCY RESPONSE TEAM

Chief O'Neill stated several months ago he was appointed to the Citizens Corps Committee by First Lady Hoeven to work on setting up citizens emergency response team across the State of North Dakota, and tonight Sandy Tibke, director of training and education for the League of Cities is here to give short presentation on CERTS Program, and won't ask for formal adoption from the City and will bring that back in staff report at a later time to see if the City would like to adopt the Program, there is a minimal cost involved. He noted that CERTS grew up because of a California earthquake when citizens didn't have the knowledge to protect themselves before the emergency crews could get to them, police and fire get to be overwhelmed because so much going on and these groups formed in response to that event. He brought with him the trained officer for the Grand Forks Fire Department, David Manthei, who has received CERT training and is qualified to teaching it to both citizens of Grand Forks and also surrounding communities.

Sandy Tibke, Community Emergency Response Team (CERT), stated that the ND League of Cities and Division of Emergency Management, have teamed up to deliver this program across the State of North Dakota; this program is to train citizens in emergency preparedness across the state, often times in emergency situations first responders can take up to 72 hours to respond to people who need help, that they want to train people to take care of themselves, their neighbors and their neighborhood to keep a lid on things until the professionals arrive - these people will be trained in basic first aid, basic fire suppression, utility shutoff, search and rescue and disaster psychology. She stated this is an 18-hour course but not here to replace first responder professionals, just there to keep things running smoothly until professionals arrives. She stated they want to train people to take action but to be safe so know when to respond and when should leave.

The LA Fire Department put this program together and it has spread across the nation. She stated this program started in February and cities of Minot, Williston, Tioga, Watford City, Bismarck, Mandan, West Fargo, Fargo and Wahpeton have trainers in their communities. Grand Forks has 4 trainers in their fire department that are trained as community emergency response team trainers. She stated they are building up their instructor base for the training and will want to train citizens throughout the community to train them on how to react in emergency situations. She stated they need to get this out across the state, the importance of this program, use of program and have it adopted in each town and city. They were funded for one year and have found out last week funded for another year through federal government.
They are getting instructor base built up, and start actual standard courses in the fall.

COMMITTEE DISCUSSION ITEMS

2.1 Variance request to waive the securities deposit for North Pines Addition.
Cindy Voigt, asst. city engineer, stated some developers come in re. developing a piece of property but don't want to put up anything upfront as security, that the Code is very clear that they are supposed to put up 50%. She stated Mr. Pierce has a time crunch and under normal circumstances he would request having Pines Circle and 49th Avenue South in one assessment district but because assessment process takes 6 to 8 weeks, he would like to proceed as soon as the plat is finalized if he gets approval through the council to have 49th Avenue South assessed and do Pines Circle privately, basically the costs are half and half and if he does 100% of the costs on Pines Circle, he would be putting up 50% of the cash needed for that platted area. Technically, he's not putting up 50% of the assessment districts on the agenda for 49th Avenue South, and wanted some clarification and council approval before allowing him to proceed with 49th Avenue South under the assessment district.

Gershman stated the total comes to $210,625 and if that is what this project will cost. Ms. Voigt stated that is correct; the length is the same and utilities are approx. the same - almost half and half. She stated the City will do 49th Ave.S. if plat is approved and Mr. Pierce will do Pines Circle, the utilities and the paving - usually the developer does the underground as his cost 100% and then special assess the paving and usually works out half and half. It was noted that the effect will be that the people on 49th will have more specials but price they pay for the land might be less - Ms. Voigt stated that is probably how that would work and roll Pines Circle costs into the price of the lot.

Kreun stated some of this has been delayed by the neighborhood and some by the City and been worked out through Planning and Zoning Department and this is business friendly situation between the citizens of that area and the developer, that this still covers half the cost of the total project and that is one of the reasons that the developer can get into the ground and get a portion of it accomplished rather than waiting for the 6 or 8 weeks it takes to run the legal notices and bid process for the special assessments on the other area and be good process to go ahead and do this at this time.

Brooks asked what would be basis for making exception to our policy - there were some concerns the citizens had and weren't dealt with upfront and came to council with them and took additional time to work those out but will look for input from them to see if some of their issues were dealt with. It was noted that the council has made such an exception before.

Mr. Swanson stated that under the Code if looking at subsection where exception would be, that this is not policy but ordinance and not aware that the city council has any authority to waive the requirements by Code except as delineated here and the one that would apply would be subdivision which would require the council to make certain findings that the City would not be at risk in the event of default on the special assessment payments and would require some contractual arrangements with the developer and asked if that is where this exception falls in. Ms. Voigt stated she couldn't comment on that but was responding to Mr. Hamerlik's comment that it had been done for Mr. Schmaltz (working with Mr. Danks).
Mr. Swanson stated that the Code is fairly clear, this was adopted after the 1970 crash where the City ended up with quite a few of the lots, and this is one of the policies that was implemented so that the General Fund was not put at risk, that he believes provision would apply if the council makes certain findings and the developer enters into a contract with the City. Kreun stated that could give us that information over the week how that should be worded and bring it forward next Monday.

Christensen stated the delay that was caused was a series of public hearings, not caused by the City, the citizens had some concerns about multi-family homes being built in this area and further concerned about 4-plexes or 8-plexes being built, the property is zoned R-3 and chose to put town homes on the first half of the lot and single family on the second half of the lot, and one of the conditions is once he can start construction on Pines Circle and begins the development of the town homes, the brick building comes down and that is something that all the citizens have been looking forward to for several years - as far as the risk to the City is concerned, we sell general revenue bonds that are backed by special assessments and if the developer doesn't pay the special assessments until he starts selling the lots, then the only issue would be if the specials weren't paid and we had to pay them as a community - but could condition this if Mr. Pierce gets a letter of credit equivalent for the special assessment payments that would be required on those lots on an annual basis and renew it, and as he sells the lots his obligation would go down because the obligation would be transferred to the homeowners, not sure if that would meet requirements or not. Another issue would be the special assessments create the lien on the lots anyway, once levied and assessed and eventually those lots come back to the City if the specials aren't paid within 5 years and could prohibit mortgaging the lots for a certain sum unless you were to mortgage it for construction loan to build a home and in fact that the developer is going to put all his money upfront in Pines Circle , that the City's risk is minimal and hope find some ways to continue to be business and development friendly.

Kevin Pierce, LPF Properties, expressed urgency to get this special assessment area put together as they are trying to get this development underway, they originally planned this meeting to be done in June and well into the engineering phases of all these streets, but brought to the neighborhood at least 4 complete plans of different layouts and this one seems to be most neighborhood friendly, they have tried to accommodate them and would like a little of that back from the City and everybody else, only thing can't guarantee is that they can get the pavement on Pines Circle this year without astronomical costs and that is why they have chosen to put this together and look at it as one overall project, and they would try to get the underground utilities in this year on 49th and paving would not be done until next spring, which leaves him at a disadvantage because he can't start selling lots until he has pavement and that is why trying to get this moved along and if any extra consideration that council could do, would appreciate it because they have done extensive work with the neighborhood.

2.2 Create special assessment district for Project No. 5537, District No. 279,
North Pines area watermain._____________________________________
2.3 Create special assessment district for Project No. 5536, District No. 425,
Pines area sanitary sewer.________________________________________
2.4 Create special assessment district for Project No. 5538, District No. 426,
North Pines area storm sewer._____________________________________
There were no comments.

2.5 Plans and specifications for Project No. 5456, District No. 416, Lift Station
89 Rehabilitation.________________________________________________
Brooks stated that the cost of the project was $508,000, which was considerably less than the proposed improvement project presented by the study. Ms. Voigt stated it was $14 million of construction costs with overhead of close to $17 million. Kerian stated annual assessment is approx. $20 for a typical 10,000 sq.ft. lot, and asked what number of years spread. Ms. Voigt stated it is a 20-year project and should have been reduced to a 10-year; but people can pay it off at any time

2.6 Bids for Project No. 5504, District No. 590, paving Cherry Street from
Southend Drainway to 55th Avenue South.________________________
There were no comments.

2.7 Bids for project no. 5489, District No. 591, paving S. 34th Street from 36th
Ave.S. to Reummele Road and on Reummele Road from 34th Street to 40th
Ave.S.___________________________________________________________
There were no comments.
2.8 Advanced funding for permanent flood protection project.
Glassheim stated this is looking for $3 to $6 million additional funds and if that is in addition to $3 million found in the last week or so. Mr. Grasser stated it was.

Brooks stated this is in essence of a plan that will have should we need to draw some and what would be our source of funding if need to cash flow this for awhile. The city auditor stated initially this is a combination of both if get State to match both State and City funds and presently have already deposited a balance of $2.1 or $2.4 million in escrow that the Corps has that would be a portion of this match and hopefully State would come in with their share, anything else they would match would certainly be part of our current funding in various areas for our share of the projects.

Al Grasser, city engineer, stated they spent a lot of time on this in the last week and met individually with each of the contractors in question on the project that might be needing the money. Phase I is taken care of and didn't meet with those contractors.

He stated they met with the contractor on the English Coulee pump station closure, whose issue was making sure that the June bills were covered (will be covered with the financing that the Corps has now). The contractor has only about $2 to $3 million left of work outstanding there, and if June is covered, that takes care of couple months as he had some box culverts in there and he intends to continue moving, they need to dig the ditch which is one of the bigger items of work left to do and weather dependent. He stated the other concern was getting the Interstate put back together and they are going to continue on that.

He stated the $3 million that the Congressional delegation assisted in getting for us is earmarked for Phase II so that the entire $3 million coming in is earmarked for that phase, and that should be enough dollars to take care of most if not all of the 3rd Street work, underground but not necessarily the floodwall. Phase II contractor sounds like he intends to finish up the work on 3rd Street although the underground contractor's sub has to remobilize here and might take a week or so for that to happen and is also going to continue work on the pump station in Lincoln Golf Course, the pump station in Riverside and possibly start on the pump station on Belmont Coulee, the impact for that contractor is that he was preparing to rapidly gear up and accelerate that project , not sure if will accelerator that project at this time, and he will have hard time figuring out if he can go on the next phase, he would like to start work in Reeves Drive area but there is a time constriction on that and he will have to decide that in the month of July and even with the advance funding not sure if get the Dept. of the Army to sign off on the advanced funding request, that has to go to the Secretary of the Army in Washington; still want to pursue the advanced funding, and if can bring this money to the table - the June bill is covered, July bill pretty well covered for Phases I and II and maybe part or all of August, and by time get to August close to the next fiscal year they will continue but no guarantees with the federal government that it is going to come through but pretty sure deal. He stated there is about $2 to $2.5 million in escrow and not sure how much new city money we might need to bring in to accomplish the full 6% - he thinks the State is going to proceed with this although they have to get that reviewed by their legal counsel to make sure okay in the legislation and may want to bring to the Water Commission for their approval.

2.9 Create special assessment district for Project No. 4704.2, District No. 14.2,
permanent flood protection project - second assessment.________________
The city auditor stated they will be creating the second phase special assessment and they will be putting some numbers together again with the cost per sq. ft. for commercial areas, and effective frontage assessment for residential areas and will be publishing those, information will go later this summer to all residences listed and commercial properties listed what that second phase assessment would be, that in September or October the Special Assessment Commission will have hearings on this project to see if there are any individual concerns within properties and if concerns expressed and people aren’t satisfied with the response from the Assessment Commission, then there is a hearing before city council. Specials will be levied this year, starting to be payable in 2004 and spread on a 20-year basis. Kerian asked what impact additional properties will have on this. The city auditor stated that the first phase assessment was about a $20 million portion of the project, and this one is going to be about $16 million, and gives us more area to spread the assessments, see a lesser amount assessed to a property. Glassheim stated when amounts get out to the public, hopes amounts described in terms of monthly payments rather than the lump sum.

2.10 Urban and Regional Program Project request to NDDoT.
Gershman stated that our share of the federal money is down because of 2000 census and could continue to be down compared to the State; and questioned if we should do our own census - that he believes we are over 50,000 pop. and will the federal government accept demographer estimates and allow us to participate more in federal funding, if not, he would be very curious to see what it would cost the City to do its own census, if worthwhile and would federal government accept a real census paid for by the City - this not only affects Highway Users funds but a lot of other federal funding that we do not qualify for or do not qualify for the same amount, and maybe time for us to begin to study this. The city auditor stated that in the 1970's (or 1980's) the City did do a special census for the exact reason you're stating, that we felt we had considerable growth in our population from the previous official census, that we had to go through the process of a federal special census, that they would not accept our estimated demographer numbers, and may be worth pursuing - doesn't recall the cost of the special census but have to weigh that as stated. Gershman stated MPO office could investigate and come back with report. Mr. Duquette noted the request.

2.11 Use agreement between the Lions and the City of Grand Forks.
Representatives from the Lions Clubs were present. Kreun stated they appreciate the Lions Clubs to put this program in place and utilize that space and help the City beautify an area.

2.12 Proposed ordinance amending Sections 13-0701 and 13--0703 of Grand
Forks City Code re. to junk, abandoned vehicles, building materials, etc.
Bev Collings, Inspections, stated there are two chapters involved in the ordinance, this ordinance deals with defining junk, going into damaged and deteriorated campers, boats, snowmobiles, motorcycles and personal watercraft, and in section 0703 going into accumulation of junk in a vehicle, on a vehicle on or in a trailer.

Ross Weiler, 700 block North 3rd Street, stated he felt the wording of the ordinance is basically giving various departments within the city authority to enforce this ordinance any way in which they please, that they already have too much power in this regard and is beyond the scope of what the City should be deciding. He stated in adopting this, staff can say items on property are junk and useless material and therefore can't own personal property and that is very excessive in regards to what people should have a right to do in their own property; that you cannot tell people what you have a right to own or what right the City has to determine what order a citizen will work on their own goals, their own project and their own problems. A reasonable alternative to the ordinance would be to say that if a vehicle or material is covered with a functional tarp or covering that entirely hides the property or within an opaque fenced area in a backyard and is not something that someone is being offended by - he stated the other problem he has with these ordinances that so worried about appearances - to have to make our entrances to the city so pretty and wonderful, yet you cannot come across any bridge from EGF and not see debris and overgrown weeds, sand on the sidewalks for 5-6 years and never cleaned off but worried about how our city looks and want to clean up west end of town, but don't care what the town looks like coming in from the east and from every angle.

Kerian stated there are people who, and not an issue of whether you have an expensive property or less expensive property, take pride in property and need to respect that - it’s a balance of letting people do without infringing on their neighbors, a challenge for Inspections Office, because one of the measures is if it bothers the people who have to deal with it on a daily basis and come with complaint, maybe needs attention. She stated they didn't try to change the ordinance very much except to make sure that when there is a significant complaint and something bothersome to the neighborhood that the City has the ability to deal with that, and that is what this ordinance is about - a step that may help us have a better looking city.

Glassheim stated they have had continuing complaints in his neighborhood for years about properties which are difficult to police and which show no particular concern for other people around them, this may help a little to get that under control - majority of people in this city would want there to be this kind of decent appearance in properties next to them, affecting their property and lives as they go past them and doesn't seem to be too excessive but gives us something to work on.

2.13 Proposed ordinance amending Sections 18-0302(5) of the Grand Forks
City Code relating to off-street parking and loading._______________
Gershman stated this refers to section B on page 80, about 10 feet of any property line that abuts street right of way, and what happens with alleys because he has been getting some calls from constituents on alleys - and that should be considered a right of way and maybe should add that. Ms. Collings stated she wasn't sure that wasn't already included, and will research that and bring information for the next meeting.

2.14 Report of the Gateway Drive Design Review Corridor Study Group.
Ross Weiler stated he touched on this with his last commentary and realizes the importance of having a pleasant view of the city coming into town, could agree that we want, but need to address it from all angles - the entrances from East Grand Forks, not just focus on Gateway Drive, need to look at South Washington, 32nd Avenue South and police some of our construction sites a little better so not eyesores.

Dean Jacobson, vice chair of the study group, stated that year ago had meetings of the Gateway Assn. and reason was to have a long term vision - and asked what can they do, what direction, that on way from airport don't want to go down the corridor, seen flood and improvements to the downtown areas and other areas with tremendous improvements, and that this group is going to work on this; that the Mayor formulated the task force and Brooks is on that; and then set reason for what they are doing, preliminary improvements of how do this, and they looked at what direction they are going - going from Kennedy Bridge all the way to the airport, this is not a project that will occur tomorrow or 2 years, takes a long time because looking at renovation, looking at progressive ideas of new developments, beautification and in general trying to make the appearance appealing so that our guests that do come to us will say we are progressive - good for business, our families - good for everyone and this group is simply an informative group that is going to work on a suggestive basis, people with good ideas - maybe change the name of the court rather than Gateway Drive - maybe Engelstad Drive; need to have people on the committee who are progressive, with different ideas and see how this will develop, want good things to happen; and asks for the council to support this and the community to come together to get this going. He also supported improving other corridors.

Dennis Potter, city planner, stated the next set of steps are for the council to take the report, including minutes from meetings, maps that outline the corridor that has come to you on a recommendation, and suggested that between now and next committee of the whole that you spend some time taking a close look at this, and offer some direction that you would like the staff to work on to bring back a concrete recommendation via ordinance or whatever the city attorney would recommend, did have some generic ordinances for corridors and come back in the August time period with a specific document before you.

Christensen stated adopting a corridor is the easy part, the hard part is thinking about whether we need a Gateway Design Review Committee, whether we need a design specification for the corridor, the corridor that has been suggested is good place to start, would be more interested in recommendations as to how they go about coming up with standards which would govern future development or changes to existing development on the corridor, that we can't pass rules to change the person's current use but can begin conversation about restricting future use on the corridor and what the design standards are for whatever is going to be constructed in the future on the corridor - he stated most of the buildings out there are metal buildings and also light industrial district and that is a concern; 2) that former council adopted or spent $800,000 for the walls out there and maybe begin exploring where find some funds to clean it up, the fact that adopt a corridor and put a committee in place who are going to review some proposed buildings but issue is want more building out there and clean it up so someone will build out there; 3) that Planning & Zoning Office has staff or could guide some people so that Mr. Jacobson's group wouldn't lose their enthusiasm and give them some suggestions, some things to review, some things to study so that they could be involved in the process so they are part of the process and help us come up with a solution - and to keep moving on this - and those are the things he would like to see when this comes back end of July or August.

Brooks stated the group the Mayor put together was to come up with idea or what corridor they were working with, some boundaries and then to recommend a permanent board/committee that can meet on a regular basis, that Christensen would like to see regulations re. improvements -- the approach that was unique and real positive with their group was a group of people who had an investment because their businesses were along the Gateway corridor - and what was being discussed was not putting a lot of regulations in but getting together with some of the ideas and working with Planning and Zoning Commission and Mr. Potter's office to get together with these people and offer to meet with them and letting them know ideas and what would like to see and more buying into the corridor and becoming a part of the family of the Gateway corridor, and coming to you with the corridor and working together with people and buying into the corridor, but not forced to follow regulations.

2.15 Surplus real property.
There were no comments.

2.16 Appointment to Special Assessment Commission (David Ramsett).
There were no comments.

2.17 Matter of paving additional parking lot at Alerus Center.
There were no comments.

INFORMATION ITEMS

3.1 Communication from County Board of Equalization.
There were no comments.

3.2 Sorlie Bridge lighting update.
There were no comments.

CITIZEN REQUESTS

Ross Weiler stated he had some questions and that the citizens along North 3rd Street were concerned when they heard that funding has been cut but hearing they are going to continue with the English Coulee project and haven't heard re. large trench they have in front of their homes and asked if funding is available for it, and another concern is that the contractor because of rain being forced to pump some of the water and sludge out and getting lot of clay sludge and muck in the residential area in gutters and streets where it is difficult to park and would like to have that cleaned up so they can get to and from their houses without tracking the clay into their areas. Mr. Grasser stated that the $3 million that the Congressional people helped get last week is targeted to Phase II and 3rd Street is part of Phase II and contractor understands that is the primary focus, the problem they are having is the underground contractor that was doing the work demobilized to someplace else, some of the concrete forms have been used someplace else and will take week or two to get that equipment back - that is primary focus and use of the $3 million that did come in and should help take care of the 3rd Street situation.

Glassheim asked if the contractor could pump water to the river and would be good to get that handled. Mr. Grasser stated they would check on that.

ADMINISTRATIVE COORDINATOR COMMENTS

Rick Duquette, administrative coordinator, stated preliminary correspondence had been placed at council members' desks from county administrator, they are interested in obtaining a lease for the civic auditorium, and will bring that matter to council in next couple weeks for review and consideration; the County is renovating the county courthouse and they will need to relocate court system for approx. 10 months and have asked for use of the civic auditorium - it will take most of the upstairs with exception of the main room and almost everything in the downstairs except for part of large ballroom.

COUNCIL MEMBER COMMENTS

1) Council Member Kerian stated re. Refugee Day and that 25% of Fargo's growth has been through refugees, that we might have a similar number but certainly want to build a diverse community and to welcome these people who are interested in moving into our community and bringing their skills.

2) Council Member Brooks stated on their desks tonight was latest financial report from the Alerus and thanked them for their reports. He also stated that two weeks ago at a committee of the whole meeting they had an agenda item related to department head contracts, there was little or no discussion, and last week there were no changes and when asked what voting on, it was one contract, and would like the other contract put on the agenda for next council meeting, and if discussions to be had it, should be done in an open meeting and be placed on the next council agenda.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Kerian that we adjourn. Carried 7 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor