Council Minutes

Minutes of Grand Forks City Council/Committee of the Whole
Monday, April 12, 2010 - 5:30 p.m._________________ __

The City Council met as the Committee of the Whole on Monday, April 12, 2010 at 5:30 p.m. in the Council Chambers in City Hall with President Gershman presiding. Present at roll call were Council Members Bjerke, McNamara Glassheim, Gershman - 4; absent: Council Members Bakken, Kreun - 2.

President Gershman commented on various items during the past week and upcoming events:
The 19th Annual Hands on Learning Fair will take place at Purpur Arena on Saturday, April 17, from 10:00 a.m. to 1:00 p.m. This is a community celebration featuring learning activities for children aged from birth to age 7 and is free. April is the Month of the Young Child, Child Abuse and Neglect Prevention Month. The Fair is sponsored by the NE Chapter of the ND Association for the Education of the Young Children.
The 2010 Census is here and everyone should have received a form in the mail, critical to fill out and send them in - approx. $10,000 per person in federal funding is based on the census population counts, city of Grand Forks has return rate of 70%.
This week is National Library Week and that our local library is working on a new library.
This is also Municipal Government Week and that today he served lunch at Wilder School, which he does every year - lot of fun.
This is the National Public Safety Telecommunications Week.

AWARD FOR FLOOD PROTECTION PROJECT

Bonnie Greenleaf and Tim Paulus from Army Corps of Engineers presented to the City the Minnesota Seven Wonders Award that was awarded to the Grand Forks-East Grand Forks Flood Control Project. The project has won a lot of awards in recent years, the St. Anne's project won in 2008, but this is for the entire project and is significant because this was for engineering excellence and not only did Grand Forks-East Grand Forks Flood Control Project win the Seven Wonders, it also won the best of the Seven or the Project of the Year. She stated this could not have happened had it not been for your excellent engineering staff, they had a lot of challenges to overcome. Congratulations. The award was presented to the City of Grand Forks, President Gershman and Al Grasser, city engineer.

President Gershman thanked former council members that were here after the flood, including Council Members Glassheim and Bakken, and the work they did working with the engineering department and Mayor Owens and Mayor Brown.

2.1 Application for abatement for 2009 taxes by Byron and Sherry Levenseller, 202 Cleo Ct.
There were no comments.

2.2 Application for exemption of remodeling improvements to residential buildings at various locations (3 years).
Mel Carsen, city assessor, reported that exemption for 3 years were for projects started in
2009, while 5 year exemptions were for projects started in 2010 after change in exemption regulations.

2.3 Application for exemption of remodeling improvements to residential buildings at various locations (5 years)._
There were no comments.
2.4 Application to amend liquor license transfer request by Suite 49, LLC
Howard Swanson, city attorney, reported that the council previously acted on this
matter, that a deadline had been established at the end of February, 2010 to have a transfer approved, and at first meeting in March the proposed license transfer to a different entity had been approved, that apparently fell through and as a result he advised the Service/Safety Comm. last week that there is no license to be transferred, that it is a void or null license. The committee recommended that the council rescind this prior action, allow a transfer provided that it was approved by the city council before the end of May, 2010, and would be within the council's prerogative to do so. There is a letter on your desk today and they apparently are seeking to not only have the license approved but the license changed from a Class 4 to a Class 1, and because it is a Class 4 license that is what you have assuming you rescind your prior action to transfer. If they want to convert the license to a Class 1 would have to come back as a separate action to do that, they may not be aware there would be some considerations that would have to be reviewed - 1) it impacts whether or not they can have minors on the premises if go to a Class 1 license, and 2) need to review both local and state law as to whether a Class 1 license can be issued to that location.

Council Member Bjerke stated the comment was made at the committee meeting that the May 31 was considered a hard date and would not be extended any further and that appropriate staff should contact these people as the attorney's comments may affect the licensing.

2.5 Refinancing of 2000-E Sanitation Reserve Revenue Bonds.
Brenda Krueger, Springsted, Inc., reported that the City has outstanding sanitation bonds
that were issued in 2000, and were coming up on the first call date, interest rates are significantly lower now that when the bonds were sold, and have determined that looking at close to $300,000 in present value savings, that equates to $20,000/year for the remaining term of the bonds. This information was presented to the finance director with recommendation to proceed with the refunding. The sale is at 10:30 on May 3 but are going to move the sale to 11:00 o'clock because on that particular day Moody's Investors Service is coming out with a recalibration of their existing ratings on a global scale and as a result, that might be a positive change in the rating for the City of Grand Forks. She stated they do go through the normal rating process which will be done the week before and make a rating determination and then may recalibrate it the following Monday.

Council Member Christensen reported present.

2.6 Cost Participation, Construction and Maintenance Agreement for Project No. 6101, Dist. 642, paving S. 48th Street from 16th Ave.S. to 32nd Ave.S. and Project No. 6101.4, Dist. 466, storm sewer and drainage on S. 48th St. from 17th Ave.S. to 32nd Ave.S.
There were no comments.

2.7 Create special assessment district for Project No. 6484, Dist. 643, S. 18th Street Reconstruction from 24th Ave.S. to 28th Ave.S.
There were no comments.

2.8 Approve installation and funding for Project No. 6579, DeMers Ave. and Washington Street beautification.
President Gershman stated with the help of the Park District and our engineering
department have come up with a very nice project, quite reasonable and taking funding out of Beautification Fund.
2.9 Plans and specs. for Project No. 6460, Dist. 639, street reconstruction of 30th Ave.S. from S. 20th St. to S. 25th St.; 31st Ave.S. from S. 20th St. to S. 23rd St. and S. 23rd St. from 30th Ave.S. to 32nd Ave.S._________________________________________
There were no comments.

2.10 Consideration of bids for construction of Project No. 6339, Bus Garage Pavement Replacement.___________________________________________________________
There were no comments.

2.11 Consideration of bids for Project No. 6516, 2010 Asphalt Street Repairs.
Dean Rau, asst. city engineer, reported that this is their standard yearly street repair
fixing potholes, etc., could be some smaller sections but not for the street repair.

2.12 Consideration of bids for Project No. 6518, 2010 Sanitary Sewer Repairs, and Project No. 6519, 2010 Storm Sewer Repairs.___________________________
There were no comments.

2.13 Approve Sidewalk Location List #1 for Project No. 6514, 2010 Sidewalk Repair and Installation._____________________________________________________________
There were no comments.

2.14 Engineering/Inspections Department vehicle bids.
There were no comments.

2.15 Bids for purchasing of laboratory equipment for H1N1 vaccination storage.
Don Shields, health department, stated there are a number of players involved with
vaccinations of public in Grand Forks County and last fall found that even though delivery was very slow, didn't have enough storage capacity (refrigerators, freezers, etc.) and the federal government and State has allowed us to put freezers, refrigerators into each of the different partners - Altru, Aurora, Medical Providers, Air Force Base and City Health - that we wouldn't own this equipment but given as part of the grant and buying that as a group and having delivery to those locations with the federal grant monies - not own as a City but that there would be enough capacity in GF County to be able to store vaccine in volume to be used by the public - that this will be for the future and used for seasonal flu vaccine, etc..

2.16 Noise variance and special license to sell alcoholic beverages at designated premises for Springfest 2010._____________________________________________________
Council Member McNamara asked for explanation to residents of Ward 2 if this will be
different from last year, or if anything different this year. Capt. Kjelstrom stated that it will be the same set-up as last year - Rhombus will be doing same as last year and in looking at first meeting, it should be the same layout in the Park, nothing changed.

2.17 Bomb Squad Quick Response Vehicle.
There were no comments.

2.18 Quick Response Vehicle cap specifications and sole source request.
There were no comments.

2.19 2010 Flood Cleanup and Debris Removal in Greenway.
There were no comments.

2.20 Skid-Steer loader with bucket and hydraulic breaker.
There were no comments.

2.21 2010 expense forecast amendment for Public Transportation Services with East Grand Forks_________________________________________________________
There were no comments.

2.22 Landfill Gas Feasibility Study Professional Services Agreement with Burns & McDonnell Engineering Company, Inc._________________________________
Todd Feland, director of public works, reported that the City received about $500,000+
from the Energy Block Grant money and did pretreatment feasibility study and initially it came out ranking relatively high with a cost effectiveness, and in reviewing further and defining better because a big deal if going to move ahead on the project. Finally are putting things to closure, either move the project ahead or give reason why not moving ahead, and by latter half of June bring back a study that will demonstrate whether this project would either be a good choice to move forward with the capital project or that it is not feasible at this time and have some reasons, primarily deal with cost effectiveness and in trying to define where this project is cost effective perhaps need to look at some grant opportunities for project effectiveness - will need to know and describe if we apply for a grant and what kind of subsidization we would need to make this project work for us financially.

2.23 City of Grand Forks real estate property transfer to the Jobs Development Authority (JDA)._________________________________________________
Mr. Feland stated this should be highlighted as great thing for Grand Forks.

Reps from JR Simplot were present and described improvements to be made at the Grand Forks facility. Burl Ackerman, JR Simplot Company, reported the facility was constructed in 1961, products it makes are French fries, etc. have 403 employees and approx. $21 million annual payroll. The project involves constructing an anaerobic treatment system to replace their existing activated sludge treatment system as the existing system has exceeded its life expectancy and needs to be replaced. The anaerobic system is better for high strength wastewater such as theirs and for their company preferred method, and is their standard treatment system for high strength wastewater and benefit of that is that it generates biogas.
The proposed location is off 36th Street and looking at 43.29 acres they are asking the City to transfer to the JDA so they can eventually construct on this site, they will have to replat the parcel. They are looking at building an anaerobic digester, totally enclosed and covered with synthetic liner so can collect methane gases, bring them back to their facility and burn them in their boiler. Timeline construction - due to the size of this project which is the biggest environmental project Simplot has taken on on their food division site, and will be over 2 years construction period, and looking at August, 2012 to start the digester and takes upwards of year to get it up and running.

Council Member Bjerke asked for any comments on odor. Project will be lined and covered and will bring all the gases back and either be combusted in the boilers or flared, their experience with anaerobic digester and expectations are that odors will be less than they currently are, as current system is uncovered and expect them to improve.

President Gershman thanked them for their presentation and appreciate their our investment in Grand Forks and are a very important company here.
2.24 Closing time for outdoor seating in the downtown.
Council Member Glassheim stated the downtown area is an entertainment district and a
residential district, if nearby residential units, esp. during the week, noise is excessive. Council Member Bjerke stated committee looked at 1:00 a.m. as time get tables/chairs off the sidewalks before the bars closed at 2:00, that the outdoor seating is not really the issue with the noise, but generally by large amounts of people, doesn’t think seating would impact that one way or the other. Council Member McNamara stated Mother Nature would take care of problem - spring rather cool, population decreases during summer and less traffic, and in fall gets cooler outdoors.

Mr. Swanson stated that the Planning and Zoning Comm. action has been on the agenda previously and considered some amendments to Chapter XVIII with regard to outdoor seating, in order to implement the recommendation from Service/Safety Comm. which is to establish a 1:00 a.m. timeline for the termination of service, sales or consumption of alcohol in public right of way, and it would be his recommendation that in addition to amendments to Chap. XVIII that you also amend Section 21-0223 which is the section where the city council authorized the sale or consumption of alcohol in public rights of way which include streets, alleys or sidewalks; that way would have a specific ordinance that could be enforced in the event of violations.

Mr. Swanson reported that with the draft language would add new subsection - when the service, sales or consumption of alcoholic beverages upon a public right of way including street, alley, highway or public sidewalk has been approved by the city council, such sales, service or consumption thereon shall not occur after 1:00 o'clock a.m.

Mr. Glassheim asked what authority now does the police department have if there is excessive noise by people outside the bars on the streets. Mr. Swanson stated depending on what is happening, most likely be a public disorderly conduct type charge, there are some other potential charges depending on what is going on, not likely would be a noise ordinance but handled through some other offenses - majority would be handled under disorderly conduct. If disorderly conduct the officer has discretion to stop the occurrence and tell everyone to leave without making arrests or citations.

Mr. Christensen stated only need to do is that tables/chairs have to be off public right of way by 1:00 a.m. if that is the intent. Bjerke stated that was the intent at that meeting was wanted seating removed at 1:00 a.m. to facilitate what would happen by 2:00 a.m. Mr. Swanson stated if that is the intent then this amendment would not be required but doesn't believe that was the request from Council Member Kreun, what was reported from him, he was looking for a specific deadline but what he and Mr. Gengler have discussed is that if an issue is removal of tables/chairs from the right of way, that can be handled in Chap. XVIII without much concern; but if want to take a step further and not allow alcohol in these areas which would be considered part of the licensed premise if within the designated area, can't walk from place to place, but if that is the concern then have to look for a different amendment and that is why suggested 21-0223.

Mr. Bjerke stated intent from his point was that if there are no chairs/tables not going to be serving alcohol there. Mr. Swanson stated then all you would need to do would be to act on what would be coming to the next council meeting from the Planning & Zoning Commission.

2.25 City Council committee structure.
President Gershman presented proposal relative to committee structure for discussion - that council meets on the first and third Mondays of the month, and in discussions today with staff in trying to accommodate Planning and Zoning, thought that on the alternate Mondays, which would be second and fourth Mondays would have the Finance/Development Comm. meeting followed by Budget Comm. for the period of time that need to work on the budget. On Tuesday of the second and fourth week would do Service/Safety Committee, that all of those meetings start at 5:00 p.m. so a standard time; meetings would be televised and held in the council chambers and that all items listed on the current COW agenda would be in the appropriate committees; would not have items appearing on the council agenda that did not appear at one of the committees; and public will have full disclosure as to everything that will be coming up on the subsequent council meeting. That if there is consensus could consider start date. He stated there seems to be consensus on going back to committee structure - eliminate the two COW meetings.

There was discussion as to the time of the meetings, President Gershman stated that he, Kreun and Bakken were good at 5:00 p.m.; several members preferred 5:30 p.m. for meeting time so citizens could be involved, including Council Members McNamara, Bjerke and Christensen.
Council Member Glassheim stated he prefers 7:00 p.m. President Gershman stated that meetings should be at the same time and very helpful for people and 5:30 was set as meeting time and that the new schedule should start in May.

Mr. Bjerke stated that on the second Tuesday of the month the County Planning and Zoning Commission meets and that he and Mr. Kreun are members, and perhaps could switch it and talk to the County.

President Gershman stated that the discussion at the committee level is different than the committee of the whole and public will know more about the depth of some of these issues - this matter will be on the agenda next week.

Mr. Bjerke asked if someone from staff could write up schedule and put in order; and President Gershman stated to do a physical calendar for one month so can actually see it.

3. INFORMATION ITEMS

3.1 Portfolio Management/Summary as of March 31, 2010.
Information only.

6. MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Bjerke presented several items with the first two items to be referred to the Finance/Development Comm. on April 21 and to Service/Safety Comm. on April 20. Item #1 has to do with VenuWorks, that had meeting on November 4, 2009 and questions were brought up at that time - a) update on dispute with 2008 fee; b) does VenuWorks owe any money to the City for 2007, c) same for 2009 and d) clarification on 2010 and would appreciate Mr. Swanson's input on that - clarification on 2010 contract as it relates to management fee.
#2. it was several months ago we met concerning Cirrus and would like to know the following information: a) how much is owed for 2009, b) for 2010, c) do we have a payment plan and if not, when get a plan.
#3 to Service/Safety Comm. - Wellness Center for Mr. Grasser and Mr. Gengler, understands that there won't be a public vote and looks like there is potential for this fall, a) what infra-structure is needed and what is cost; b) who will pay for it; c) what will private developer pay for it. He asked how much is City going to get involved in other taxing entities' proposal, if they choose not to have citizens vote on it.

2) Council Member McNamara stated the issue of Lift Station being overburdened in East Grand Forks, north side, and asked if Mr. Grasser could tell what happened there - the issue is relating to Code whether you have a ball valve or a flat valve relative to backflow, and how did they function over there, and had number of citizens who were living inside the dike who have these valves or flaps as part of their drainage system in their houses and yet wound up having sewage in their basements, would be prudent if we took a look at that and made sure we have the right technology.

3) Council Member Christensen stated as part of our Pension Committee that we should review our unfunded liability in our pension plan, the State of ND is now undergoing the review - there is a study from Stanford that caused lot of angst about unfunded liability in CA, half trillion dollars, and will be substantial in the State of ND and for the City of Grand Forks. It is time to get serious about our unfunded liability and review it, and hope get on that because it is going to be an essential part of our on-going budgeting process - should put a plan together for future council's to follow as to how they are going to meet our pension responsibilities to our staff,

The second part is that we will have our finance committee meeting at 5:30 and that when finish with that we will go into budget; that it seems that there are going to be a lot of issues and that going to have to start addressing in our budgeting process this year, rather than leaving it until later in July or August.. That if do restructuring so have time now and televise and do budget on television. President Gershman stated should start in May.

Council Member Bjerke asked President Gershman if staff could contact candidates of Ward 2 and Ward 6 for budget meetings so they could attend those meetings and keep them up to speed from the beginning. President Gershman agreed that they will do that.

President Gershman read proclamation for National Public Safety Telecommunications Week and proclaimed the Week of April 11 - 17, 2010 to be National Telecommunications Week in Grand Forks in honor of the women and men whose diligence and professionalism keep our city and citizens safe.

ADJOURNMENT

It was moved by Council Member Bjerke and seconded by Council Member McNamara that we adjourn. Carried 5 votes affirmative. (Meeting adjourned at 6:40 p.m.)

Respectfully submitted,


Saroj Jerath
City Auditor