Council Minutes

Minutes of the Grand Forks City Council/Committee of the Whole
Monday, July 24, 2006 - 7:00 p.m.___________________________

The City Council met as the Committee of the Whole on Monday, July 24, 2006 at 7;00 p.m. in the council chambers in City Hall with President Gershman presiding. Present at roll call were: Council Members Brooks, McNamara (teleconference), Christensen, Bakken, Kreun, Gershman - 6; absent: Council Member Glassheim - 1.

President Gershman announced that when addressing the committee to please complete a speaker card and advised that the meeting is being televised live and taped for later broadcast.

President Gershman commented on various events during the past week and upcoming events:

Over past weekend had Thunder over the Red River, and thanked new commander, Col. Hull and all the personnel at the Air Base for a spectacular event, great way to meet and mingle with Base personnel and thank them for all they do for us - that there were over 40,000 people attending the event.
Town Square on Thursday evening to the Downtown for the Summer Block Party with Town Square's farmers market, the entertainment will start at 5:00 p.m. and thanks to the partners who made this possible, including farmers market and JLG Architects.
The city of Coleharbor, ND recently suffered severe damage from a windstorm or tornado and City Administrator Duquette contacted city officials in Coleharbor to determine if there was anything that we could do to help, that at this point they are receiving assistance from various levels however could be a need in the future for some assistance, that Lutheran Social Services is collecting goods for those people. He suggested bringing up at a later time consideration of a contribution of $5,000 from excess sales tax to assist those people; that we all remember the assistance we received after the flood.

PRESENTATION BY MAYOR STAUSS OF EAST GRAND
Mayor Stauss of East Grand Forks, MN presented a proposal to construct a fountain on the pier that Grand Forks owns in the middle of the Red River, that he met with the Historical Society of Grand Forks and they approved doing something with the pier as long as we don't jeopardize the integrity of the bridge. He stated when he had appeared before the council previously he had asked the City of Grand Forks to support a fountain and thought should do something to honor Joan Kroc of McDonald's who gave $10 million to the people; and to thank the nation, the national government, state governments and people of surrounding areas. He suggested that the City of Grand Forks give $300,000, the City of East Grand Forks voted on and would contribute $200,000. He stated that he and Mayor Brown have gone out and have raised $150,000 that people will contribute to this fountain. He stated that rather than just private donations, that the cities have an obligation to give back a little of something that we received and that this is not too much to give back to the people that helped us in 1997.

Council Member Kreun stated it would be good idea to bring people downtown - to have explanation of the flood and history of it, and questioned if the mechanism on top of the pier could be removed. Mayor Stauss stated the whole pier is part of the historic value and rotating pier has to stay.

President Gershman offered an alternative for consideration, that Kim Holmes, Sanders, had suggested putting 2 forks on the pier which represents our cities, that if we had stainless steel forks (waiting for price estimates on that) and talked to Jim Kobetsky to do a design so that it would be in proportion to the pier, that it would be year round, do lighting at Christmas, at Easter, 4th of July, and maintenance quite small. He stated others might have some other ideas to put something up that that could be lit, concerned about cost and maintenance, that we are working hard to reduce the mills. However, Mayor Stauss stated that they would have to give all the money back that has been raised as they specifically said it would be for a fountain, that they might re-contribute but would have to start from scratch. He also stated that whether we want it or need it. - don't need a fountain but sometimes having those things and esp. what it symbolizes is important.

Council Member McNamara stated he would be more than willing to do whatever could to make dream possible but not in support of public money which he doesn't feel is appropriate use, to raise funds through private donations might take longer to do. Mayor Stauss stated he feels that the cities need to have their names on that saying they are thankful.

Mayor Stauss stated that the City will still have to do something with the pier and will spend $100,000 to $200,000 and something should be done with it and should be an attraction.

There was some discussion relative to the cost of the fountain, est. of $800,000, and on-going maintenance costs, however, Mayor Stauss stated if he is going to move forward needs approval that they are going to be behind it if feasible.

Council Member Christensen stated that we need to find out and what can get built with $800,000, and cost of maintenance, and if approved by the city council would come from 2163, which is our sales tax dollars, and have monies committed to quality of life issues such as the arts, special projects, and have the ability to help them if choose to approve the project.

Mayor Stauss stated they need some starting money because wouldn't take donations for plans, etc., need money to get an architect, engineer and that they would have to go outside for someone who is in that type of design, and that he will start research that. Council Member Christensen stated that he, and Council Members Brooks and Glassheim are on the finance committee and asked they refer to their committee to consider. Council Member Brooks stated he would like to see a permanent foundation organization set up to take care of maintenance, etc. Mayor Stauss also stated they would get together re. schedule for payment of maintenance between the two cities. Council Member Christensen suggested joint powers agreement.

2006 PROCLAMATION - NATIONAL NIGHT OUT

Officer Sue Shirek and Joyce Belbas presented information on National Night Out and that they were here to invite the entire city and everyone to attend National Night Out which will be held Tuesday, August 1, 2006 from 1:00 p.m. to 8:00 p.m. at the Alerus Center. Officer Sherik reviewed history of this event - that across the country communities everywhere will be celebrating this event, designed originally to bring the community and law enforcement closer together and to help communities take back the streets from the bad guys, and that we are lucky here not to have that problem buts want to help celebrate this event and keep connections between law enforcement community and the community as whole solid good relations. She noted that they will be providing speakers re. binge drinking and underage drinking; youth and drugs; kids in meth homes; and individual used drugs, etc. and has a powerful story to tell. She stated they know they have problems with underage drinking, binge drinking, meth use- and are here to educate and celebrate their accomplishments - she stated they are throwing an area wide block party from 5:00 p.m. to 8:00 p.m. in east parking lot of the Alerus, that the event is alcohol free, fun things for everybody of every age. Ms. Belbas noted businesses and organizations involved with this event.

President Gershman read the proclamation for National Night Out.2006.

2.1 Appointments to various committees.
Council Member Brooks noted that this is not total list of committees, these are ones that were vacated by retiring council members.

2.2 Transfer of alcoholic beverage license, Tom & Jerry's Dugout.
Howard Swanson, city attorney, reported that in addition to the information in his staff recommendation, he was contacted by their counsel and that they are considering whether the owner's spouse would hold some of the shares as husband and wife in corporation, and would not constitute transfer under our Code, they will provide him with further guidance on their final decision.

2.3 Bids for Project No. 5498, paving Desiree Drive cul-de-sac.
An updated staff report was submitted and Al Grasser, city engineer, stated the low bid received for paving was 47% over the engineer's estimate, that contractors are very busy, and given prices they see their recommendation would be to reject bids and to re-bid in 2007. There was only one property owner affected.

2.4 Plans and specifications for Project No. 6012, Dist. No. 449, sanitary sewer for
Desiree Drive.______________________________________________________
There were no comments.

2.5 Plans and specifications for Project No. 6013, Dist. No. 293, watermain for
Desiree Drive.___________________________________________________
There were no comments.

2.6 Change Order No. 1 for 2006 Flood Debris Cleanup, Project No. 6000.
There were no comments.

2.7 Change order No. 1 for 2006 Asphalt Street Repairs, Project No. 5904.
There were no comments.

2.8 Designating the Grand Forks/East Grand Forks Greenway Trail as a National
Recreational Trail.___________________________________________________
Council Member Christensen asked if any federal regulations. Melanie Parvey-Biby, greenway coordinator, reported there were a lot of positive things and some criteria - that the trail must be open to the public for use, must be in compliance with all applicable land use plans and environmental laws, and time frame that trail must be open for 10 years. She noted that the City of East Grand Forks has approved this and submitted a letter of consent as well as the Grand Forks Park District and received one today from the Minnesota DNR. She noted that they could have submitted four different applications but most beneficial to have one agency submit the application with the consent of the other landowners.

2.9 Introduction of Greenway Ordinance, Chapter XIV, Sections 14-0401 - 14-0421.
Mr. Swanson stated they have reviewed this ordinance. Council Member Christensen raised questions about issues considered before - alcohol in the parks, etc. and how this overlays on those ordinances; and noted that the greenway is within the city and any of our regulations dealing with conduct, etc. are already within our Code and why need overlay of special rules in the greenway ordinance. Ms. Biby reported in discussing the greenway ordinance they looked at developing a chapter only for the greenway and would show what is covered in the greenway.

Council Member Kreun stated the reason is not to control everybody that goes through the greenway but have some requirements or restrictions when there becomes a problem, and give people safe place to be and have rules to control it, and should look at the whole picture and if have duplication in there.

Mr. Swanson stated there are a number of ordinances that are duplicative, and was an issue he raised and was told the intent was to have all of the rules and regulations re. greenway in one chapter. He stated there are a number of provisions which are new and not contained within our Code, and if want a break out of what is duplicative he can do that. Mr. Kreun stated they can review that to see if worth duplicating or not.

Council Member Brooks questioned ownership of parks. Mr. Swanson stated the City acquired a great deal of property which adjoins the river but did not acquire any Park property other than adjacent to the river and there are some areas where the title hasn't technically been transferred, but essentially that area which previously included the Lincoln Park area, portions of the golf course, Central Park area, Riverside.

President Gershman stated it sounded like this should be referred for more discussion. Ms. Biby stated the trails will be complete this fall, all are funded and on schedule to be complete sometime this year. Council Member Christensen commended staff for trails that have been put in place and is an incredible recreational amenity, can take the bikepath around the city.

2.10 Introduction of ordinance, prohibiting feeding of deer.
It was asked if we have a problem with deer - don't have one, this is preventative.

2.11 Wastewater Treatment Plant roof top air conditioning or heating units bid.
There were no comments.

2.12 Wastewater Division Lagoon rehabilitation material bid.
There were no comments.

2.13 2007 Community Development Block Grant Program. (CDBG).
Council Member Kreun stated this is set up the way we have been doing it in the past, and concern is that the last couple years is that we provide projects to compete with the other projects, that they are LMI area and serve the same situation and City projects should be in competition and should be utilized with CDBG funds, but only one of those projects has been able to accumulate the funds in the past several years, and would like to consider taking some of those funds and earmarking for infrastructure projects.

Council Member Christensen stated that spend the CDBG funds for administration - initially started out trying to preserve the CDBG funds because the federal well was drying up and have developed some programs where we advanced the money and people then pay it back in revolving fund - that he doesn't know how much of the CDBG funds fund staff and what they do in the administration of these funds. He noted that in the LMI areas there is significant portion that would qualify, that we don't fix the streets or curb cuts, etc. because we don't have another way of helping pay for it so they get protested out; and the issue for us is rather than Bricks and Mortar programs start thinking about how can we use this money and defer the cost so can repair the streets in LMI areas, and should study that before approving the 2007.

Council Member Kreun stated in his committee they can certainly bring projects forward but basically comes out of the finance committee and Mr. Hoover's office. Kreun stated that when talking about taxes and special assessments that people equate to taxes and is about the only way to pay for it or project doesn't get done, or use Highway Users tax funds which should be used for mainline infrastructure or in some occasions have used general tax dollars to do that and not really fair to the rest of the community to help pay for some of those areas when they pay for their area with special assessments. He asked f they can take a look at it and perhaps get some projects and meet with finance committee and with Mr. Hoover to see what we can accomplish.

Council Member Christensen stated in the Second Ward on 20th Street if they used CDBG funds for the mill and overlay project from University to Gateway. Mr. Grasser stated that they used Highway Funds for that particular stretch ended up being Highway dollars with federal DOT along with local match; and that there were a number of streets that they did use CDBG money shortly after the flood but 20th Street was federal highway dollars. It was also noted earlier that CDBG funds were used for sewer separation in LMI areas.

Council Member Christensen asked if they could get them some LMI areas that would qualify and bring to his committee and Council Member Kreun's committee for consideration. Mr. Hoover suggested that they have already provided that to the engineering department and in the Mayor's state of the City address he talked about focusing on neighborhoods and now putting together a frameworker concept to bring back for neighborhood program, do not have details as yet , thinks this would be a good melding of the programs, and reminded council that they have a dwindling supply of federal funds, and if the President's budget would have gone forward for 2007, the City of Grand Forks would have received no funds directly from the federal government, would have gone to the State and we would have had to apply to the State for them, instead we are getting $428,000 this year, and have to be aware of that - that couple years ago we did set up programs to revolve money back so we could continue efforts in the future but in discussion in the last week or so, doesn't make a lot of sense to improve properties, build new homes through infill in neighborhoods if going to have sidewalks and streets in disrepair, etc. and would get material and convene a joint meeting of the two committees and hammer that out.

Council Member Bakken stated they used to take everything that came forward and go through it at council level and through all the applications, and after the flood combined it into one and gave it out for somebody else to administer and not sure the intent was for that to go on forever, may want to take a look at that - and might be able to manage it ourselves again.

Council Member McNamara stated he wanted to echo Curt's comments and would be very much in tune with the climate to follow their lead in terms of doing as many things in LMI neighborhoods with those funds, and those are some of the things that people are looking for.

2.14 Parking lease for School District.
President Gershman questioned rent and if $9,500.00/year would cover maintenance (Mr. Hoover stated it would), and another concern is that there is one entrance to the parking lot which is on the wet side of the dike just before the Sorlie Bridge on DeMers , and it was pointed out that if a lot of students would use it in the morning could get a backup of people trying to turn in, and he suggested to Mr. Hoover that would ask the council to consider that the City put in an escape clause in any lease that we enter into in case there are traffic problems which starts to congest the intersections that we would have a way to get out of the lease.

Mr. Hoover stated that the School is responsible for providing security, that their intent is to provide it at the lot and that he will talk with School officials tomorrow. He stated they are trying to get business to locate in the civic auditorium lot and would use that lot and would no longer be available for Central High students and are trying to find alternative parking for them and this is the most convenient and readily available space.

Council Member Christensen stated that there will have to be enforcement, because have a lot of students at Central High School who need a place to park, and if start taking away the parking spots, should have a program as to how to direct them and enforce the spots that are left. Piecemeal approach isn't going to solve the problem and police are going to have to start ticketing in lots the kids thought they could use and along the streets - this is beginning of a solution.

Mr. Hoover stated that parking consultants will be in tomorrow and a 2:00 p.m. meeting scheduled for the committee and an open house at 5:30 p.m. at the Grand Forks Herald Community Room and encouraged people to come and give input.

INFORMATION ITEMS

3.1 Portfolio Management/Summary as of June 30, 2006.
No comments - informational item.

CITY ADMINISTRATOR COMMENTS

The city auditor reported that Mr. Duquette not here this evening but wanted to make sure that you are aware that you are invited to the city employees picnic on Thursday at 5:00 p.m. at University Park.

He noted there will be a special meeting to receive the mayor's budget on August 2 at 5:00 p.m.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor