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	SERVICE SAFETY COMMITTEE Minutes Tuesday, July 13, 2010 - - 5:30 p.m.- - Council Chambers Present: Kreun, Bjerke, Grandstrand, Gershman Chair Kreun called the meeting to order at 5:30 p.m. 1. Matter of texting while driving. Kreun stated that this item was referred back to the committee to provide further guidance to the City Attorney regarding whether to continue forward with a stand alone ordinance or add to a careless driving or distracted driving type of ordinance. Howard Swanson, City Attorney, there is not a current ordinance for using electronic media while driving, what is in existence is an ordinance that mirrors state law and requires much higher level of proof. His recommendation was to draft a stand alone ordinance which would address the issue of concern. The group discussed some of the sample ordinances from other communities, states, and provinces that Swanson had provided to the group which ranged from very specific (i.e. cell phone, texting, internet only) to long lists of prohibited behaviors while driving. Swanson noted that the majority of the ordinances and responses from other city attorney’s that he received addressed texting, internet, and cell phone usage only, even though some called the ordinances distracted driving ordinances. Gershman stated that, while he understands some of the other behaviors, would like to direct this to one issue at this time and then can add to it later, but it is important to get something in place to address the safety issue in the community. He added that in his years on the Council he has not gotten as much positive feedback on any single item as he has on this one issue and that shows community support for Council to move forward and pass this ordinance. Kreun stated that there are options for how to proceed – continue forward with ordinance as it is, redraft and bring forward a different ordinance or drop the item. Swanson advised that they can amend the ordinance now before them that has preliminary approval, but in making changes, we can not just try to reword a state code to address this issue. The committee continued to review the various samples provided. Grandstrand stated that his concern is when you specify only texting, it seems to target the 16-24 population where that behavior is more prevalent, while not addressing the other dangerous behaviors that lead to distracted driving. Gershman responded that intent is not to target a population, but rather to address what studies have shown is a very dangerous behavior and has been proven to be a serious cause of accidents. Swanson provided some websites where Committee members could go to for further information on accident rate for texting and driving and noted that this does provide a rational basis for creation of this ordinance. Bjerke commented that he would like to see a broad based ordinance passed and then monitor the tickets and how they come through the court and then if there is a problem could revisit it and make it more specific and did not see a reason why we need to list all the potential behaviors that lead to distraction. Swanson recommended that if the Committee’s desire is to broaden the ordinance that following the example of Oklahoma ordinance and listing the behaviors lets the public know when they are not in compliance with the law, which helps both with enforcement and prosecution. Gershman agreed and stated that the ordinance should be clear and concise with what we want so there isn’t an area for confusion. Kreun agreed that in this area people are not making responsible decisions with their behavior and sometimes it takes having a penalty in place to force a change in behavior. He added that if committee members wanted more time to continue to review more information and consider the ordinance they could continue this discussion at the next committee meeting. Swanson advised that since City Council referred the item back to Committee after preliminary approval was given, the item will remain with Committee until Committee decides to return it to Council for further action. Grandstrand requested copies of information that the Committee received on this item prior to his election so that he could review it and become more familiar with the data. Carma Hanson, Safe Kids coordinator, provided some statistical information related to texting and driving and encouraged Committee to not drop this effort because of disagreement on what to include in the ordinance. She continued that the majority of people agree that the behavior is dangerous, but continue to do it and in those type of cases has been shown that the simplest most effective way to address the issue is to provide for a penalty. She stated that once the law is in place it is very easy to mount an effective educational campaign and enforcement effort to curb the behavior and danger. Gershman concurred and cited that they can bring that message to student bodies at all the educational levels and easy to understand and comply with the law. Motion by Grandstrand, Second by Bjerke, to hold this item to the next Service Safety Committee meeting. Aye:all. Motion carried. 2. Preliminary Engineering Services Agreement for Project No. 6582, Federal Project SU-6-986 (102)106, Reconstruction of S. Columbia Road from DeMers Ave to 11^th Ave S Mark Walker, Asst. City Engineer, stated that this is the first step in this project, which is a federal aid project and due to the use of federal aid will require a project concept report as well as some other additional steps as we proceed through the project. Motion by Bjerke, second by Grandstrand, to recommend approval of the agreement with CPS for Preliminary Engineering Services in the amount of $250,661 for City Project No. 6582, Federal Project SU-6-986(102)106 – Reconstruction of S Columbia Rd from DeMers Ave to 11^th Ave S and preliminary work to 17^th Ave S and Columbia Road. Aye: All. 3. Bids for Project No. 6590, extension of levee storm sewer to 2400 blk. Of Mill Road Mark Walker, Asst. City Engineer, explained that we have had a problem with the drainage on this property for some time. The property used to drain to river and since construction of the levee that path is blocked. The Corps constructed a shallow ditch for drainage, but there is still a problem with standing water, etc. This project will replace the shallow ditch by extending the storm sewer. Staff recommendation is to award the contract to the low bidder, Molstad Excavating, in the amount of $149,139.90. Bjerke inquired whether this is all local expense. Walker stated that it is and has been included in the amount to be assessed with the third assessment on the flood protection project this fall. Bjerke asked if this would be the last of the expenses for this project. Walker replied that there may be some minor items such as fencing on stock pile, but this is the last of the larger items that will be part of the project. Motion by Bjerke, second by Grandstrand, to recommend award of the contract to low bidder, Molstad Excavating, in the amount of $149,139.90 for Proejct No. 6590 – Extension of Levee Storm Sewer to 2400 Block of Mill Road. Aye: All. Motion Carried. 4. FEMA Remapping Notification (Information Only) Bev Collings, Building and Zoning Administrator, explained that the City has received a letter from FEMA stating the effective date of December 17, 2010 for the flood remapping agreement. This is the formal requirement and will have minimal impacts to citizens of Grand Forks, as they have been under this since our Letter of Map Revision was received in 2007. At that time many in the city were no longer required to carry flood insurance, as they are protected by the flood protection project that was done in the community. She stated that there may be some implications in the County, which we have been keeping people affected aware of as they are within our 2 mile extraterritorial area. She added that we will also be reviewing our ordinances and policies to make sure they are in compliance with the changes in federal requirements. Gershman thanked staff and FEMA for their joint work on the early implementation of the revised map as that has resulted in savings of thousands of dollars in flood insurance premiums. Collings stated that our project is a star nationwide both for how it progressed to completion and for how successful it has functioned when needed and cooperation between federal, state and local entities to bring it to fruition. 5. Public Works Dept. – Sale of residential real estate property Todd Feland, Director of Public Works, stated that this is a residential property which the City bought in 2008 as part of our good neighbor efforts during the beginning phases of construction of the new landfill. He continued that the landfill is operating and it is time to sell this property. We are looking for authorization to work with the city attorney’s office on proper means and methods to sell the property. Kreun agreed that this is a good time to move forward and would like to see this concluded. Feland stated that they have had some interest on purchasing the property which also spurred this to come forward at this time and if Council concurs will work with attorney and then bring back plan for sale to Council for approval. Bjerke asked where the funds for the sale would go. Feland stated that they would go back into the Sanitation Fund. Feland also updated that there are two other properties that they have been negotiating a purchase from the owner also as part of the good neighbor effort and believe that we should be able to conclude those this summer. The Committee members all were in agreement that if there were going to be a purchase, that those deals should be completed soon and noted that there is no legal requirement to purchase property near the new landfill, but that the City had offered to do that for those properties within a certain radius of the landfill as part of their policy on being a good neighbor. Feland replied that he has made contact with both parties and let them know that the project will be completed this summer and any deal needs to also be completed at this time. Motion by Bjerke, Second by Grandstrand, to recommend City Council authorization to sell the residential real estate property at 5702 70^th Ave N, Grand Forks, ND based upon the review and approval of the City Attorney’s office regarding the most appropriate means and methods to sell the property. Aye: All. Motion Carried. 6. Memorandum of Understanding for Metropolitan Planning within the GF-EGF metropolitan area. Kreun explained that since our community receives federal transportation funding we are required to have a current memorandum of understanding between all entities involved, i.e. ND State Department of Transportation, MN State Department of Transportation, City of Grand Forks, City of East Grand Forks, and Metropolitan Planning Organization. Feland commented that this agreement is also being approved at each of those entities at this time and has been updated to include any recent federal requirements. Motion by Bjerke, Second by Granstrand, to recommend approval of the Memorandum of Understanding and authorize signature by appropriate staff. Aye: All. Motion Carried. Bjerke commented that the City has received the new hybrid buses and would like to be sure that we will track operation and maintenance on those so that we have some hard data to compare to a non-hybrid bus so we make sure that we are getting a saving and operating as economically as possible. He requested that periodic updates be given to the Committee/Council, perhaps every six months or so. Feland stated that they will be tracking through their public works program as they also need to maintain and track data due to the use of federal funds for purchase of the buses and will provide updates to council once they begin service and get some data to analyze. 7. Public Works Department surplus property Feland stated that this is an old people mover bus that has low value and is not in service and would like it declared surplus so that they can offer it for sale. Motion by Bjerke, Second by Grandstrand, to recommend declaring the equipment as surplus and authorize staff to proceed with the sale of equipment according to established policies and procedures. Aye: All. Motion Carried. 8. Amend emergency alarm system ordinance (Article 19 of Chapter XXI) of the Grand Forks City Code. Margaret Emanuel, Dispatch Supervisor and Deb Hoverson, Administrative Specialist, were present. Emanuel stated that this ordinance has not been updated in some time and they have worked with the City Attorney to eliminate redundant language and also to bring the fees to a level that will more closer match the cost of issuing and managing the license. She noted that they have also made some changes in the alarm business licenses in that they are keeping the alarm business permits, but dropping the individual installer fee and the requirement for a background check for applicants. They have also recommended adjustment of the false alarm fee to cover costs. Kreun commented that they do see a need for a fee for businesses that are working with these alarm systems so that they can track who is in the city installing those systems and that we know they are reputable companies. The group discussed that the false alarm fee will only pertain to calls within the City and there is no fee for responses to false alarms in the County. Kreun commented that this should be discussed again at the PSAP board meeting and also brought to the County as a penalty does give incentive to alarm users to get any problems corrected so that false alarms do not become a repeat problem and there is the potential to be a safety concern if continually responding to false alarm could potentially be safety concern if it causes delay in having staff available to respond to a real emergency. Bjerke asked what entities are covered by PSAP. Emanuel stated that it is police, fire, emergency medical, any call that goes through an alarm company. Bjerke suggested that since this is an update and have made some changes to the ordinance should schedule a couple of meetings and invite those affected to attend and become aware of the changes, similar to what we did with the FOG requirements recently. Motion by Bjerke, Second by Grandstrand, to recommend approval of the changes to the alarm ordinance, including an increase in fee amounts. Aye: All. Motion Carried. Motion to adjourn by Bjerke, Second by Grandstrand. Meeting adjourned at 6:30 p.m. Respectfully submitted, Sherie Lundmark Admin Spec Sr.