Council Minutes

Minutes/Committee of the Whole
Monday, January 24, 2005 - 7:00 p.m.

The city council met as the Committee of the Whole on Monday, January 24, 2005 at 7:00 p.m. in the council chambers in City Hall with Mayor Brown presiding. Present at roll call were: Council Members Brooks, Hamerlik, Gershman, Christensen, Kerian, Kreun - 6; absent: none. Council Member Glassheim connected on phone system during Mayor's announcements.

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

Mayor Brown commented on various events held during the past week and upcoming events:

He complimented the public works department and its effort to clear out our streets after last Friday's snowstorm and by Saturday after plowing some of the primary roads the second time, they were into the residential area and wrapped up their work by Saturday night.
He stated that more than 450 new housing units were built in Grand Forks in 2004, continuing a surge in housing growth in the city with the biggest increase in single family and townhome construction, 224 of those units were built in 2004 compared to 186 built in 2003.
He congratulated UND Athletic Director Roger Thomas who will take over next month as the North Central Conference Commissioner.

He stated we have another retirement to celebrate - Grand Forks Fire Captain Bob Karel and his wife Joann, he has been with the department since 1969. Fire Chief O'Neill stated that the City of Grand Forks owes Captain Karel a debt of gratitude and appreciates him as a personal friend and as someone they have been able to turn the department over to. Mayor Brown presented Captain Karel with a certificate of recognition and a watch as expression of appreciation for services rendered; and thanked Captain Karol and his wife.

AMEND AGENDA BY MOVING ITEM 2.5, CON-
SIDERATION OF PROJECT SCOPE AND ENGINEERING
SERVICES AMENDMENT FOR PROJECT NO. 4648.8,
WATER SYSTEM SECURITY IMPROVEMENTS

Council Member Hamerlik moved to amend the agenda to move Item 2.5, consideration of project scope and engineering services amendment for Project no. 4648.8, water system security improvements, to the area after Mayor and Council Member Comments for the reason that if the committee goes into executive session won't keep people in the building. Council Member Brooks seconded the motion. Carried 7 votes affirmative.

2.1 Appointment to the GF Events Center Commission and Gateway Drive Committee.
Council Member Brooks stated those up for appointments and one a new appointment to the Gateway Drive Committee and Tim Pribula will be an added benefit as a new member and appreciates the work that has been done by the three people on the Events Center Commission, but questioned if we can get some new faces in and nothing to take away from those that we have servicing on our committees, but should find some way to have some new people involved and encouraged people to get in and sign up. Mayor Brown stated they do encourage new people to get involved and to let them know they are available and willing to work hard, and also appreciated those willing to serve.

Terry Bjerke, 5356 5th Avenue North, stated he is opposed to the re-appointment of the members of the commission and believes they should look at all seven because of the continuing deficit at the Alerus. He stated he realizes it might be the policy that the council and the Alerus Commission believe is acceptable to not only have a subsidy of $300,000+ and a sales tax revenue but also have another deficit of almost $200,000, and that's pretty much the average over the last 3 years. He stated it is not a new building any more and they may have to change their goals - that when he looks at Item 2.8 (fare increase for senior rider service) that has a deficit of $13,000 they have a plan to rectify that deficit, but here have a large deficit for 3 consecutive years and seem to be content with that. He also commented on free parking at the city-owned entertainment complex for those who have suites, being subsidized by the taxpayers - that if you can afford to go to the events at the Alerus, then you can afford to pay for the parking. He stated that he, and many others in the community, would ask is that if you use it, you pay for it. He stated that if going to have a city-owned building, it's not asking too much to have it break even; and if put the same members on the Commission that maybe the mayor and council would re-evaluate what they think are the goals for the Alerus Center and their deficit.

Council Member Brooks noted that the suites are not on the convention side but on the event side which is making money, and taxpayers not subsidizing people in the suites.

There were comments by several council members disagreeing with remarks made by Mr. Bjerke re. deficit and subsidizing by taxpayers.

2.2 Project Concept Report for Project No. 5672, paving 55th Avenue South (Belmont
Road to Cherry Street).__________________________________________________
There were no comments.

2.3 Project Concept Report for Project No. 5673, mill and overlay North 20th Street (University Avenue to Gateway Drive.)____________________________________
Council Member Gershman asked for explanation on the three options listed in the report.
Council Member Hamerlik stated that the people should know that federal participation on this
project would be 80% of the total project cost up to $324,000 and that the local match is
budgeted to come from the Highway Users account and that means there will not be special
assessments for those people within the area. Ms. Voigt noted that the public hearing on this
project is tomorrow in the council chambers from 5:00 p.m. to 7:00 p.m. with open house format
and that we don't have this project budgeted for a special assessment because of foresight to
include in the budget so didn't have to special assess such a large neighborhood and is on a
classified street. She noted that our Highway Users funds are limited and do not expect to do this
on every classified street. She reviewed the three options: Option #1 is to mill 6 ft. on each side
of the curb and gutter, $406,000; Option #2 is to mill the full width from curb and curb,
$343,000; and Option #3, which they probably won't end up recommending based on public
hearing comments tomorrow is seal coat over the existing pavement, $324,000, which doesn't
provide any structural strength but does level it off for a year or two; the bulk of this project is
striping and signing. Ms. Voigt stated they will bid only one option, after the public hearing
tomorrow night; and federal requirement is to have alternates for the federal money and will
come up with several options for the federal report and bid one.

Mr. Grasser stated that normally on a concept report usually see alternates, and on federal
project have to look at alternatives and choose the best one, don't usually move all the alternatives
ahead to the bidding phase because of high design costs through the federal process, and only
reason not making a recommendation tonight is that have not had public input hearing, and will
have a recommendation on final application.

2.4 Budge amendment, Police Department.
Chief Packett noted that this would have no impact on operations, that this is money
received in 2004 under a federal grant and $16,650 was the city-match - this is what allowed
them to participate in the World Juniors and was budgeted in both years by a clerical error and
taking it out of the 2005 budget because already expended and a double entry.

2.6 Request from Planning Department for approval of a resolution to annex to the city of Grand Forks, ND, parts of deeded lands known as the Kindness Animal Hospital and Interstate 2-29 right of way easterly thereof, except those lands previously annexed (loc. at 4400 32nd Ave.S.) (public hearing determination of protest is scheduled for February 7, 2005).____________________________________________
Council Member Kerian stated this is for information and hearing on February 7.

2.7 Matter of discussion of proposed ordinance amendment relating to the approval process of major subdivisions.____________________________________________
There were no comments.

2.8 Fare increase for senior rider service.
Council Member Gershman stated that based on the letter from Senior Citizens Assn. that
perhaps can find a way to step this amount and maybe take to $1.50 and 6 months later take it up
again, and if it is a question of finding additional money to fix this, $13,000, could take excess
sales tax dollars and make it easier for those people. Mr. Feland stated they could see how this
year goes, that they were looking at increasing it last year and in that letter suggested doing
increase in six months and in six months do another one, and reason doing it now is because they
have delayed the increase until this year and looking at doing it now rather than incrementally
doing it and spent some of the savings they had.

Council Member Brooks asked what the City has done with the fares since the City took
this program over; Mr. Feland stated the City took over the senior rider system in 2001 from the
Senior Citizens Center, they had a suggested $1.00 fare, that they couldn't force the passenger to
pay the fare but was a suggested $1.00 fare and since the City took over the program, no rate
increases in the past 3 years. He stated the only city we provide with this service is East Grand
Forks; and only reason able to continue this service at $1.00, without raising the mill levy or ,
without asking for additional money was using some of our federal operating money to help run
the system and shifted some of the money from the fixed route and dial-a-ride to the senior rider
system.

Council Member Hamerlik asked if citizens have an option of buying tickets for a reduced price
for this operation; Mr. Foster stated they were not. Reduced rates for the fixed route for a senior
rider are $0.60. In answer to Council Member Kerian's question of percentage of fare paid
through subsidy - Mr. Feland stated that the budget this year for the senior ridership system is
$129,000 and fare revenues is approx. $15,000 - percentage about 12% and rest comes from
state and federal monies and grants that pay for the system. Council Member Kerian stated that
while we think there has been a delay, a lot of seniors do not think it is a delay and would still
like to look at staggering that and going with a 50-cent increase for at least 6 months - many of
these people are on fixed incomes and this does help people stay in their own homes and
something that we want to contribute to and now is the time when they need the door to door
service (winter) because of ice, etc. Increased service to include Saturday would increase the
deficit, and Mr. Feland stated that anything that is subsidized is that every hour you run, you are
losing money and if fare box is receiving 10 to 15% the remaining 85% is subsidized by citizens
of city, state or federal level and any hour that we run, need to find the money - and are looking at
what we can do and not enough riders that we can put on the system that will make it pay. He
noted that East Grand Forks has made a decision not to fund the senior rider system and felt that
if there were people from Grand Forks who wanted to go to East Grand Forks for an appointment,
etc. it was right for us to drop them off in East Grand Forks.

Council Member Christensen stated that the City has three categories in the budget dealing with
transportation; the senior citizens budget is $129,000 but that is expenditures over the expected fare increase of $13,400 - those that are using the public transportation facility in this community, that when we increase their fees from $1.00 to $2.00 and that is one-way so actually $4.00 and that most of those using this facility are on a fixed limited income and probably subsisting on social security and/or other pension benefits, and can ask staff to rethink the revenue portion of our public transportation system and extract a little more revenue from most of the users rather than a limited select few and what are we going to charge those that have the franchise in this community for cab and what charge for advertising on our buses, and what can we do to cut and be more efficient in our delivery of the service, because have $100,000 in two other funds that could be utilized for the next four years until get arms around this and if he can be shown it has to happen in 2005 he will vote for it but can't see that when sitting on $100,000, and where you have the opportunity to generate revenues, generate them and if have to charge another $50/month for signs on the buses, do so.

Council Member Hamerlik stated that several months ago discussed this item, had two users and bus driver that spoke and were told that in January the increase would take place, lets get on with it. Council Member Glassheim stated that several months ago was assured that this would be up for a vote but that had not approved it and now up for a vote and should take Council Member Christensen's comments seriously.

Council Member Kreun stated we have been looking at these services over a period of time and in 2000 or 2001 the senior bus system was handled by the Senior Citizens Center and not a part of the city transit budget or responsibility and because of their financial difficulties and their inability to manage, we were almost forced to take it over and were able to manage this system in a very economic manner and incorporated into our public transportation system and still provided very adequate service and that we still have two services, one is dial-a-ride and the senior bus system, they are very similar in the delivery service, and may look at combining those two services which would give the seniors a longer time frame each day and more days of access, and want to keep that in mind, and save money and increase ability to provide transportation for both dial a ride and seniors.

The city auditor stated for point of clarification to keep in mind that we are budgeting to spend down the cash in the normal public transportation fund by $31,000 and budgeting to spend down the cash in the dial-a-ride by $3,000 and have this deficit, and $100,000 may not last five but couple years.

Mr. Feland stated if the council wanted to wait as there is a new transportation bill and will know what our new revenues are going to be from the Federal Transit Adm. within the next month, and once we receive that number, will have better idea and if can postpone the discussion to see what the new Federal Transit Adm. budget looks and better idea of what future looks for all public transportation in Grand Forks because we wouldn't have a public transportation system without the federal government and federal monies we receive and bring that back and have it reviewed for three-year forecast of where our monies are going to go.

2.9 Extension of transportation service contract with East Grand Forks.
Council Member Gershman asked for explanation on the contract, amount East Grand
Forks pays. Mr. Feland stated that East Grand Forks pays the real cost of City of Grand Forks'
providing that service - $176,279 is the amount less the revenue but are charging them on a
cost basis- off set by their federal dollars. He stated that East Grand Forks has the fixed bus
route and have dial-a-ride (no night service); and noted that this is the last year of the contract
and East Grand Forks is paying the operating costs for the system, including their percentage of
the overhead and good contract and shows we can share services between two cities.

2.10 Declare property as surplus (Cities Area Transit).
Council Member Kreun stated over a period of time have looked at the operation of that
system - these buses are of the larger size and have been replaced by smaller buses and are in
the process of monitoring the cost of the different size buses.

2.11 Budget amendment - Grand Forks 911 Dispatch Center.
Council Member Kerian asked for explanation if on a call-back and if any value for our
cellular phone customers. Al Morken, PSAP, stated this is set up in two ways, in an in-house
computer where we can make approx. 2,000 calls per hour, those are for the smaller emergencies
and also have an off-site location for major emergencies that might come up, and at that site they
can make approx. 20,000 calls per hour for notification, they will get the data base information,
however, they will not be able to get all the information re. everybody's cell phone; this is another
step to do better notification - they have the outdoor warning siren system, have NOAH weather
radios and this is simply another step in warning people if have train derailment and have to
notify a large number of people. The data will come from City-Watch who will furnish us with
the city phone numbers and data base originally so they can get the information out - that as far as
the local numbers, they can enter that data as far as for the police, fire, other agencies that may
want to use that data would be entered manually. He noted you can also put the information out
through the internet, FAX machines, PDA's and other ways to get the information out. He noted
that Minot is using a Reverse 911 system and that is something that could be looked at if people
wanted to be notified and manually entered into the system.

2.12 2005 Special Events Program.
There were no comments.

INFORMATIONAL ITEMS

3.1 2006-2010 Urban and Regional Program Project request to NDDoT.
Informational item.

MAYOR AND COUNCIL COMMENTS

1) Council Member Brooks stated regarding the bio-lab grant, that he compiled a list of the questions from the public meeting that was held and distributed them to council members and to various department heads, and is working with Pete Haga on that - that they are looking to finding answers and will be looking to another meeting to relay those responses and answers to those questions.
He commented re. the issue of smoking in Grand Forks - we have a number of restaurants and a number of bars that are smoke-free and that word doesn't get out - that we can start looking at ordinances but would encourage people who have strong feelings on smoking or non-smoking to frequent some of these places and show support for them (that Italian Moon just went smoke-free) and Dagwood's, Suite 49 is smoke-free - and need to applaud them and encourage them - can look at ordinances but he has some strong feelings about legislating things like that but supports those that step up and are smoke-free - there are choices in town.

2) Council Member Hamerlik asked if there was a legislative forum this week in Grand Forks - Saturday 9:30 to 11:00 a.m. in the council chambers sponsored by the Chamber of Commerce - the legislative committee of the council meets every Friday at 1:00 and at 2:00 p.m.

3) Council Member Kerian stated she thought we are ready to have some conversations in the community about smoking, a lot of work places that are smoke-free and are for a purpose and makes a safer environment for people to be in, and there are people who have to work in smoking environments and there are people who want to make that case in this community and how we might be able to influence the State where those discussions also being held.

4) Council Member Gershman stated he hopes we can get the speaker system fixed and would like to get that taken care of as it is frustrating when you have an issue and have a situation that does not allow them to be here and end up talking to the room.

He stated he is sympathetic as to what Ms. Kerian has said about the smoking ordinance, however, there are conversations going on but would be reluctant at this time to bring something forward until the ND Legislature is done because we could go through the turmoil and conversations, public testimony and come up with ordinance with vote and ND Legislature could change or supercede anything the council would put forth - not come forward until see where the legislature is on this. Council Member Glassheim stated that the State would pre-empt smoking ordinances.

RECESS INTO EXECUTIVE SESSION

Council Member Hamerlik moved that we recess into executive session provided by the North Dakota Century Code 44-04.24, .25 and .26 for the purposes of project, scope and engineering for the water system security improvements. Council Member Gershman seconded the motion Carried 7 votes affirmative.

COMMITTEE OF THE WHOLE RECONVENES FOLLOWING
EXECUTIVE SESSION

The committee of the whole reconvened after the executive session with all members present.

ADJOURN

It was moved by Council Members Brooks and Gershman to adjourn the committee of the whole meeting. Carried 7 votes affirmative.

Respectfully submitted,


John M. Schmisek, City Auditor