Print VersionStay Informed
COMMITTEE OF THE WHOLE
Monday, August 27, 2001 - 7:00 p.m.

The city council met as the Committee of the Whole on Monday, August 27, 2001 at 7:00 p.m. in the council chambers in City Hall with Mayor Brown presiding. Present at roll call were: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; absent: Council Member Lunak - 1.

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

SUSPEND AGENDA AND CONVENE AS CITY COUNCIL

Mayor Brown reported that there are two items on the agenda which require action by the city council this evening: 1) Resolution of Township and resident concerns regarding English Coulee Diversion design; 2) Change Order No. 1 for Project No. 5197, 2001 concrete street repairs; 3) two resolutions for consideration by the city council thanking Knight Ridder Corporation for their re-leaf gift and thanking Jacobson Tree Service owner Bill Jacobson for their major assistance in removing trees to the City of Grand Forks.

It was moved by Council Members Kreun and Klave to suspend the agenda and to convene as the city council in special session. Carried 13 votes affirmative.

RECONVENE AS COMMITTEE OF THE WHOLE

The city council reconvened as the committee of the whole following the special city council meeting, with all members present.

2.2 Hold public hearing for moving permit application to move the house from 1402 Lewis Blvd.
to 116 Conklin Avenue.___________________________________________________________
2.3 Hold public hearing for moving permit application to move the house from 1407 Lewis Blvd.
to 1624 North 6th Street.__________________________________________________________
2.4 Hold public hearing for moving permit application to move house from 1518 Lewis Blvd. to
1614 Lewis Blvd._______________________________________________________________
Council Member Hamerlik asked if all the property owners had been informed and if there were any protests filed. Bev Collings, Inspections, reported that no protests were filed with her office. Council Member Gershman recommended in the future that under Findings and Analysis in the staff report, they make notation that letters were sent and at latest possible date whether protests filed.

Mayor Brown called for the public hearing on the applications for moving permits as listed.

Cecelia Zahradka, 107 Conklin, stated she lives across the street from property where house will be moved and did not receive a notification letter, but found out by looking at posting on the property - that the house does not fit on the property and questioned the size of the lot, and protested the moving of the house to this location. Council Member Hamerlik also suggested sending notification letters by certified mail. Ms. Collings noted that posting of the property is done 10 days in advance of the public hearing as well as the mailing; and that the neighborhood is a mix of two story, one and half stories and ranch homes, and that lot is 62’6” wide. Council Member Martinson stated it would be very helpful to have a photo superimposed of the new house

COMMITTEE OF THE WHOLE - August 27, 2001 - Page 2

in the neighborhood so see how configuration blends in.

Mr. Swanson stated that there is no established number for protest, this particular moving permit is unique as the City owns the structure and the lot, and with respect to a location where both structure and lot are privately owned, the city council’s role in examining aesthetics is very limited and because it is a structure being moved doesn’t give council greater authority to review or approve aesthetics, but because City owned both ways, it is within your discretion to do whatever you deem appropriate.

Mayor Brown closed the public hearings.

2.5 Hearing on applications for abatement of 1999 and 2000 taxes by Big Sioux Travel Plaza, 3550 South 42nd Street (Lot C, Replat of Lot 1, Block 1, Columbia Park 22nd Addition.___________
There were no comments.

2.6 Hearing on applications for abatement of 1999 and 2000 taxes by Big Sioux Travel Plaza, Inc.
on 4401 32nd Avenue South (Lot A (Replat of Lot 1), Block 1, Columbia Park 22nd Addition._
There were no comments.

2.7 Mycobacterium Tuberculosis (TB) Ongoing Screening Grant Agreement with the North
Dakota Department of Health (#PF02-43, 7/1/2001 - 6/30/2002)_________________________
2.8 Tobacco Prevention and Control Grant Agreement (#02-228, $58,824, 7/1/02 - 6/30/02), with
the North Dakota Department of Health.___________________________________________
2.9 Ryan White AIDS Financial Assistance Case Mgmt. Grant Agreement #L02-06 ($40,000,
7/1/01 - 6/30/02).______________________________________________________________
Council Member Christensen stated that routinely we get a lot of grant agreement amend-ments from the Dept. of Health and perhaps should delete that from consideration unless it is going to require some type of expense issue, that by matter of resolution we could eliminate that and not have those issues before us because usually items of small amounts and adjustments to the grant, would streamline the process, and would like consideration of that.

Mr. Swanson stated that the council could adopt by resolution authority to accept grant amendments, it does in many cases increase your budget because adding additional funds, but would be within their authority to do that; without doing that you have to act individually on grant amendments to amend that budget. Council Member Christensen asked if he would give the council a proposed resolution, because tonight will be discussing budget reporting issue and could have a line item with adjusted grants to know if increased or decreased, and could monitor and address it if needed. Council Member Brooks noted that many other governmental bodies will deal with items of this nature in their budget process, have a general category of grant revenues, set a dollar amount in anticipation of those that will be coming in. Council Member Hamerlik stated it does call attention to some of the things we are doing that otherwise wouldn’t know about, and would hope there would be some notification, through memorandum or E-mail.

2.10 Resolution concerning $0.50 surcharge on cell phones.
Allen Morken, PSAP, stated that at the meeting they included the $0.50 line fee on the cost of the land line, it was discussed at that time to include both the city and county under one umbrella, the proposed resolution is one of several possibilities that can be done during this operation; the initial resolution is from the City that supports the cell 50 cent fee and also requests that the County
COMMITTEE OF THE WHOLE - August 27, 2001 - Page 3

pass a fee for the entire county of Grand Forks, including the city of Grand Forks. He stated there is another way to do it, and that would be for the City of Grand Forks to hold a public hearing and then go through the process and pass it for the city of Grand Forks and have the County then pass it for the area outside the city; this is a way to put it under one umbrella. It was suggested that the resolution needs to state the timeframe - Mr. Morken stated the fee is per month.

Council Member Martinson stated he serves on PSAP Board and it’s vital that we pass this, cell phones are becoming the way of life, and problem is if someone comes across an emergency situation and calls 911, that call could possibly go to several 911 stations and they could not identify where that call was coming from.

Council Member Klave questioned length of time before software available. Mr. Morken stated that the State statutes have set up rules governing how these funds can be used, funds would be set aside in a separate fund by either the County or the City treasurer and those funds would be held under certain conditions until such time as we purchase the equipment and also had the agreements signed with the cell phone companies - that this would allow us to have the funds available so that at the time as we purchase the equipment, we will have funds available to pay for the equipment. He stated this is set up so that 24 months after the agreements are signed with the cell phone companies we have to have the equipment in place; that we are looking at having one person throughout the entire state of North Dakota that negotiates with all the cell companies so uniform costs throughout the State.

Council Member Bjerke stated that the new statute limits the amount they can collect to reach the 5%, and asked if we would have to correct the land line ordinance to stay in line with State statute; that we are going to be paying more if we don’t change it. Mr. Swanson stated that the ordinance was adopted under the Home Rule authority and not under State statute.

Mr. Morken stated in answer to question on update in the PSAP Center, that he has done some research re. hardware equipment, looking at approx. $130,000, that we don’t have all the informa-tion re. some of the mapping, etc. He stated that cell phones continuously go up in the number of 911 calls that come in and hardline telephones going down.

Mr. Morken reported that the County has not passed their resolution, and stated that if the City passed this the County would be agreeable to holding the hearing and passing the resolution. Mr. Swanson stated that the action, if taken, will be under the authority of the County, that the City is not imposing the fee, but being asked to adopt a resolution of support for the County to move forward.

Council Member Burke noted that the County can impose the fee upon us regardless of what we want; Mr. Swanson agreed. Mr. Burke stated that the fee which we now pay for the land line and what the State would otherwise require, would like to see us brought in line with that so that we pay the maximum of 5% on the surcharge and bring that up at the next committee of the whole to amend our ordinance. Mr. Swanson stated they could draft an ordinance to reduce the present payment to reflect the State statute.

Council Member Burke stated that the estimated amount to update PSAP to accept the wireless telephone information is for Phase I or if that would be only update required, even with regard to Phase II. Mr. Morken stated that when we get the equipment it will be compatible for Phase II,
and in talking with the Authority Board that we would go with equipment that would be able to
COMMITTEE OF THE WHOLE - August 27, 2001 - Page 4

pick up and handle the Phase II network. Mr. Burke stated that Phase II maybe some time off because of technical and logistical difficulties with Phase II, esp. in rural areas; and it was noted that is correct. Phase I is phone number and tower; Mr. Morken stated they would get two phone numbers, one of the cell phone and the other the phone number of the cell site, and at the present time not able to pick that up. He stated one problem with that is from time to time the cell towers may not necessarily pick up the closest tower and skip to the next, and along the Interstate, your call may not go to the closest tower. Mr. Morken stated in pinpointing the location of the cell phone, it allows you to call the party back; if you have the cell number of the tower, at times it will help you pinpoint the radius around that tower unless they have skipped to another tower. Mr. Burke stated with regard to the equipment cost, wouldn’t want to impose this fee farther in advance than we need to.

Council Member Hamerlik stated that if the majority of the council doesn’t want to pass an ordinance/report, why put staff to work for several hours when others aren’t interested in it, should we do that because few people wish to discuss it, but thinks it’s a separate issue whether or not the 50 cents goes in, but to draft a resolution has been suggested, maybe not appropriate or discuss it at the time.

Council Member Christensen stated that we now pay 50 cents per land line per month, and the proposal states the amount the cell phone company will keep is 5% of the 50 cents, and State statute says that we can adopt a resolution but if there isn’t some question of submitting to an election. Mr. Morken stated this fee can also be at 50 cents. Mr. Morken stated they plan, if the City passes this resolution, to furnish the information to the county auditor who would put out a notice for the public hearing, once the hearing is held and the County passed the resolution, notices would be sent to the cell companies throughout the state; at the same time they would be working with the coordinator who is going to be negotiating with all the cell companies to get this information.

Council Member Christensen stated he was not sure it should be acted on Monday unless we have all the answers; that he talked to Roxanne Fiala before the meeting and she stated the technology is somewhat away - and whether we should impose this fee on our citizens not knowing when we’re going to need the money, funds can’t be spent for anything else, and perhaps get an idea of when technology would be available and then be in a position to buy it, gear up - why tax them just to have the money. Mr. Morken stated that once this resolution is passed and once the agreement is signed with the cell companies, we have 24 months in which to implement and put the equipment in place.

Council Member Brooks asked what the fiscal impact would be on our budget, and if looking at significant budget amendment; and perhaps have that information for next week.

Council Member Bjerke stated this is a fee and not a tax, and in staff report it states it will generate $125,000/year and for 24 months, $250,000, and it is noted that they will need $130,000 to put in one-time equipment, their monthly fee and the 2.5 cents to administer it; and if pass this now, we will be lucky to have enough money in two years and if finish before the two years, will probably be short money for this; and time is now to start this.

Mr. Morken stated it is hopeful in two years to be able to have a map and that a cell phone would be able to furnish the longitude and latitude of exactly where the call was coming from, that information would come into the 911 center so they could see on a digital map exactly where that

COMMITTEE OF THE WHOLE - August 27, 2001 - Page 5

phone call is coming from, that would be Phase II. In Phase I, get the number of the cell phone and the number of the tower from which the call has been made.

2.11 Bids for Project #5201 - 2001 Loop Detector bids.
There were no comments

2.13 Bids for City Project No. 5266, Dist. No. 582, paving Nordonna Circle.
There were no comments.

2.14 Bids for Project No. 5229, Upgrade Lift Stations No. 19 and No. 25.
Council Member Gershman questioned the engineering work on repairing the lift stations; Mark Walker stated that engineering work is quite involved in lift stations as need to go in and determine exactly what’s wrong with them, draw detailed plans and specs. for repair. Council Member Christensen asked if they couldn’t standardize the engineering work that has to be done. Mr. Walker stated that many of the equipment pieces are standardized but the lift stations are of certain vintage and ready to wear out; we try to do two each year. He stated each lift station is unique and has different components as built in different years. Council Member Christensen stated we are using current technology today and if gut the stations, try to get some standardization as far as technology that goes in these stations. Mr. Walker stated to an extent that is correct, and would work on that.

2.15 Amendment No. 1 to engineering services agreement with SFS for Project No. 5229, Upgrade
Lift Station No. 19 and 25._________________________________________________________
Council Member Bjerke stated that we have a lot of “not to exceeds” and if contractor gets close to that amount; Mr. Walker stated that many times they do, rare occasions they go over, and number of times the consultant will not bill up to the “not to exceed” number. Any funds not spent stay in the utility account.

2.16 Prairie Harvest lease of 701 South Fifth Street.
Terry Hanson, Urban Development, reported that the Police Department’s NRO’s were using this building for a few months until the former fire station became available on 17th Avenue, and Prairie Harvest occupied the building in February of this year. He stated the initial lease was through December 31 of this year, but are asking that it be extended to June 30, 2002, because the dike line behind that home has not been established and until have that cannot subdivide the lots and dispose of the property. He stated that the program would be that we dispose of all our homes, that the house will be saved but it’s a partial take, the dike will take part of the back yard and that has not yet been determined so cannot subdivide the lot and don’t know what to sell yet - think that by June 30 the dike line will be set by then.

Council Member Christensen stated that the lot could be sold with caveat that if you buy the house, will lose part of the lot; Mr. Hanson stated we could do that, that would be a take and we would have to pay for the lot. Council Member Christensen stated if we began the subdivision process now, we probably wouldn’t protest our own subdivision and we could end up preserving this home and moving it forward and getting on the market sooner, that the dike line won’t be located for a
couple years in that area, seems that this is a valuable piece of property and could sell it for something other than $1.00/year in rent.

Council Member Glassheim asked if they were waiting to the get the final dike line, Mr. Hanson stated that was correct; and the intention is to hold this for an extra 6 months beyond the current
COMMITTEE OF THE WHOLE - August 27, 2001 - Page 6

lease at which time it will become public property and we will divide it and put it on the market. Mr. Hanson stated that was their intent.

2.17 Reinstatement of the Citizens Advisory Committee.
Council Member Burke stated we may not want to do this right now, we have in the recent past decided to grandfather in members of task forces or commissions based on their former membership in the standing committees and might want to do this and just leave it up to the 7-member council next year to figure out how they want to handle this type of matter, thinks that keeping it with the former members of the Urban Development Committee would work well and provide for the Urban Development Department staff having a better chance of having their proposals go througt. Council Member Gershman stated he would agree and would like the council to think about having Mr. Burke, Mr. Christensen, Mr. Glassheim and Mr. Lunak to be part of the committee - they did it last year and good suggestions, and asked that the council think about for next week.

Council Member Brooks stated he sat on the committee for a number of years, and questioned doing away with it, and thinking at that time was that there were too many things going on with the recovery, etc. to run it through that process, but it is a citizen advisory committee and council can always use the input of the citizens; that committee worked very well and is in favor of re-establishing the committee. Council Member Martinson stated he sat on the committee for a number of years and helps to draw some good ideas from the citizens, and to implement it as soon as possible.

2.18 Request from Community Violence Intervention Center.
Council Member Brooks stated that he had asked that this item and Northland Rescue Mission be placed on the agenda re. financial shortcomings with those two organizations, and thinks that the dollars requested for the roof for CVIC was a valid request, switching that money is an admirable thing to do, but we’re still going to be left with the problem of the roof. He stated he got to know those organizations very well while sitting on the Citizens Advisory Board and have watched how those organizations have progressed, both going through a number of problems as many did with the flood. From a financial standpoint they are two financially sound organizations, run very well, have gone through problems in their funding for this current year that was unforeseen, they are two organizations that take a great deal of weight off the city staff, in terms of CVIC, when there is a domestic disturbance, our staff have job to do and its complimented by the work of the CVIC staff. In terms of the Mission - we’re trying to make a go of the downtown to bring our downtown back, have put considerable investment into it, the Mission has done their mission in taking care of the homeless, those who don’t have a place to sleep, that we need to look at that and he will bring a motion to the council next week.

Council Member Hamerlik stated that CVIC has been something that he has worked with prior to the flood and helped them arrange for a place, and asked if the city council would approve of the grant of $21,000 if it would have been for operating expense rather than bricks and mortar; it’s a very needed part of our community but who is next in line, etc. and if for bricks and mortar, then will that request come back if roofing company doesn’t do it.

Council Member Gershman stated he is a supporter of the CVIC and yet is concerned with all of the organizations that are having operating deficits, and if this sets a precedent; that they should know that there is support for the CVIC but it’s the policy that we start to put in place could be very dangerous. Mr. Hanson stated the precedent that you are setting that if you allow the CDBG
COMMITTEE OF THE WHOLE - August 27, 2001 - Page 7

process to come back at any time during the year, the application and budgeting process is altered mid-term which means that next year they could consider that again if they ran into another operating deficit and we have Bricks and Mortar funds obligated to their projects, they could come back again and council would have set the precedent this year, and if we do it this year, we are advising that it’s going to take a long time, 45 days and if that is enough time to get it done for the current non-profits, but there is a precedence being set. Council Member Gershman stated that we did pass earlier in the budget process for $100,000 for Human Needs for next year, and if there is any way to advance those funds for use for operating rather than start to amend the process we have, or take it from somewhere else and replenish it. Mr. Hanson stated that’s next year’s funding for operating budget, and they are asking for this year’s and would have to amend this year’s budget. The city auditor stated that we set that up using excess sales tax and would be at the discretion of the council if you wish to use a portion of those funds this year to fund this project and what you would use would then diminish what you have available in year 2002; would be at council’s discretion.

Council Member Christensen stated he has had calls from several other entities who are also having shortfall funding problems, and have an entity, Firehall Theatre, that needs $20 or $30,000 to repair their roof; doesn’t know how much money left in unexpended funds but if council feels we should take our unexpended funds and re-open the process to those who submitted requests, maybe reconstitute the committee (Mr. Hamerlik, Mr. Burke, Mr. Glassheim) and they could hold hearings and re-allocate some of this money, and come up with decision as what to do with excess money. He stated we have x number of dollars that we budget for Bricks and Mortar and applications went through the process; there are times when you set your policies in place and unless extraordinary situation, it probably affects all of the agencies, and not sure should deviate from it, esp. at this late date

Council Member Glassheim stated he was concerned about the competitive nature of the grant awards so that all entities have the same opportunity at the same announced dollars and if we did it this way, you can apply for Bricks and Mortar and then change it later. He stated this is only possible under CDBG if that’s the direction we would go because there are excess or additional total funds coming in, which then allows the additional 15%. Mr. Hanson stated when they estimated in June of last year, $125,000, that we would have available for Public Service we did not know what the program income would be, and we could have allocated a total of $212,000 towards Public Service so that does provide an additional $87,000 that we can put towards Public Service, but where those funds come from is the question.

Mr. Hanson stated if we’re going to use CDBG funds they can come from 4 different sources: 1) the agencies relinquishing their Bricks and Mortar and convert it to Public Service, 2) we can hope for more than what anticipating or budgeted for program income for this year, 3) de-obligate some funds from existing programs that we have (doesn’t think available because most of our programs have already started their projects and are into them), 4) wait until towards the end of the year when we know for sure how much additional program income we will have.

COUNCIL MEMBER MARTINSON EXCUSED

Mr. Hanson stated we have to have an additional $105,000 in program income between now and the end of the year just to meet the current obligations that we have funded.


COMMITTEE OF THE WHOLE - August 27, 2001 - Page 8

Council Member Brooks stated that requests can be made to council by any citizen or organization, but up to the council to make decision; and in this particular instance neither one of these organizations came forward, that he did because he believes we should do something for both of them, is one time only.

Mr. Hanson stated that the Shelter for the Homeless and the CVIC are both non-profit agencies that the City has supported very strongly over the years, and because these two agencies are highly needed in this community, they contribute a considerable amount of social need.

2.19 Mayor appointments to Grand Forks Public Library Board and Special Assessment Commission._____________________________________________________________
There were no comments.

2.20 Resolutions directing Special Assessment Commission to assess special assessment projects
on an estimated cost basis._______________________________________________________
Council Member Bjerke asked who is being assessed for Project No. 5145, paving of N. 69th Street, as that is outside the city limits. Mr. Walker stated the project was created with a tapping fee for a strip of property adjacent to that roadway on both sides and when that property annexed, the property owners benefiting from that roadway would pay a tapping fee. (future tapping fee)

Council Member Christensen asked if the community is paying the entire cost of this project, $1.5 million, out of general tax revenue to pay the bonds on this project; the city auditor stated it is being paid out of the baling facility which is part of the sanitation fund of the city and citizens paying for it through the utility fees, bonded out of last year’s money to be spent this year.

2.21 Financial reporting guidelines.
Council Member Brooks stated last report he has is dated March 31, 2001 and is a bit much, that in financial statements you received, there is a comprehensive financial report, revenues and expenditures (General Purpose Financial Statements), which is concise report by funds but would like to see another column of original budget - that’s what he would like to see on a monthly basis,

Michelle Cooke, finance department, reported that the report they received was done monthly and then on a quarterly basis, and it’s one of the most consolidated reports that we have, and was divided into categories for Wages, Maintenance & Operations, Capital & Transfers, and could
make it less detailed. Council Member Brooks stated the item was placed on the agenda to get an idea of what the council wants.

The city auditor reported that within the budget book and is in last year’s budget (page 3) talks about tracking the city’s budget and is really a portion of what you approve and is the background of how we handle this and perhaps this is the policy area where you need to decide what you want to do - it states “…that the budget is reviewed monthly by personnel in the finance and administrative services office to detect any variances that require attention and if there are items that need attention, the finance office is to bring them forward to the city council. Variance and expenditures are addressed with the response of department head for corrective action and variances and revenues are reviewed to determine their overall impact on the City’s ability to provide necessary services.” He stated that his office can provide the council monthly reports, that we try to get our books closed out by the 10th of each month, and as Ms. Cooke pointed out, we did hold a training session in February to go through the various reports we have and there was some
consensus of that group that they wanted monthly, but once monthlies were coming out and then
COMMITTEE OF THE WHOLE - August 27, 2001 - Page 9

stated they would take quarterly, and asked for direction on what the policy should be.

Council Member Burke stated he expected to see the report on a quarterly basis and disappointed that we didn’t get that; and thinks more detail rather than less is better; and still need to have a table of contents with the revised budget. Ms. Cooke stated they are in the process of putting together the final budget document and do have a table of contents and before each fund.

The city auditor stated it was their intention to give out quarterly reports and will respect any of the council members who call us and say they don’t want to get it, because it is a lot of paperwork and cost involved with it, and if don’t want it then won’t send it to you; and will work with whoever wants it and however they want it. Council Member Gershman stated that what we do request does not create undo additional work that may not be necessary for the staff because if somebody wants to go to further detail they can go to the office and get it.

Council Member Christensen stated he has report “Consolidated by Account Classification” and asked if finance could give council members by fund and department as in the format and at the same time give us the revenue for both, so that when he looks at general fund, he sees the collected revenues and sees expenditures, and what troubles him when he goes through these books is that all the revenue is in the first half and expenditures in second half, and would like to see both and the balance, not sure how difficult to reformat what is being provided and asked if they could do that.
and would like it on a monthly basis.

2.22 Release of 2001 UND seed money.
Council Member Hamerlik stated he’s been a strong supporter of the University for many reasons other than having worked there, that the Mayor and Mr. Duquette were in the process of working out some kind of an agreement re. the Bronson Property re. taxes and some confusion as to what might be in the tax rolls and what might not be, and his question is before we release the money whether we should have memorandum of agreement, etc. before Monday night or go any further with it. Mr. Duquette stated they have had a number of meetings with Mr. Gallagher and his staff, and entered into two joint powers agreements having to do with placement of infrastruc-ture and dealing with permits and inspections fees, etc. and have put those behind us. He stated he along with assessing and finance staff met with Mr. Gallagher about a month ago and they were to come back to us to provide an idea about how to calculate the taxable property in the Bronson Property, particularly the bookstore; that we are still waiting for that discussion and it might be in our interest if he contacts Mr. Gallagher tomorrow morning to see where that’s at. Council Member Hamerlik stated he would like to see something by Monday night.

Council Member Burke stated he thought there was only $60,000 balance in this fund for this year; the city auditor reported there was $60,000 in funds from 1999 of excess sales tax, there was $100,000 left from 2000 that was carried over into 2001 from the General Fund Loan & Stabilization Fund - there was a request last year for $100,000 that we did not give to them until this year once we received confirmation from UND; and in reality when we came forward this year we had $260,000, $100,000 had already been matched and asked for but we hadn’t received confirmation letter from UND and the Foundation. This is first disbursement asked for this year and there would be a balance after this.

Council Member Christensen agreed with Council Member Hamerlik and would be somewhat hesitant to vote in favor of this until he knows that all those issues on the table with us and UND have been dealt with and put aside and move forward in a spirit of cooperation; and as an aside he
COMMITTEE OF THE WHOLE - August 27, 2001 - Page 10

would encourage UND to think about keeping Barnes & Noble open longer than it currently is; when City put infrastructure in that we were going to do that because we had a Barnes & Noble for the community, it is an asset and we invested $1.3 or $1.6 million in infrastructure and would hope they would look to keeping that place open until 8:00 or 10:00 in the evening.

Council Member Gershman stated he agrees with other council members with University coming back to us with some sort of agreement or proposal before we release the money; that the issue with Barnes & Noble which is a separate division that’s a University division and that he asked that question at Barnes & Noble and they tried it for 30 days, and said it didn’t work - that 30 days is not enough time (didn’t see any advertising), and thinks we would appreciate very much if the University would request of that division to give it a 6-month test and let us know that it’s open.

Council Member Hamerlik stated that Mr. Duquette had indicated that some of those are already confirmed and agreed upon, such as inspections, etc., maybe not in writing and maybe should be; that he was addressing the valuation and taxes. Council Member Kreun stated some of these issues have been on the books for couple years and there have been agreements but they are laying somewhere and not filed and not completed., and in order for us to go forward we have to have that completed. Mr. Duquette stated they have had some success in the last month and the latest joint powers agreement with UND has gone through their attorneys and our attorney regarding permits and inspection fees and resolved that, believes their fees are caught up; the other joint powers agreement has to do with who maintains and controls any infrastructure that’s placed into the area. He stated the last remaining item is the issue described by Mr. Hamerlik as well as how we handle future developments out there. Council Member Kreun stated that being on the P & Z Commission he knows there’s two or three issues that are sitting somewhere and ball has been in their court for a long period of time, and esp. in the economic development area and if we miss something because we don’t have it done, then whose responsibility is it going to be. Mayor Brown stated it is ours. Mr. Duquette stated that perhaps should have a discussion re. P & Z information because he and Mr. Gallagher have been working well together and would do that.

2.23 Delay in Metropolitan Planning Organization (MPO) Study extension of South 48th Street
from 17th Avenue South to 32nd Avenue South._____________________________________
Dennis Potter, city planner, explained the report - that the MPO had scheduled an analysis of extending South 48th Street from 17th Avenue South to 32nd Avenue South, built that into the MPO’s planning process and that was to start the latter part of this calendar year. This spring Agsco Corporation came in and had a conversation with some of the city council people about placing an interchange on I-29 at Merrifield Road which would open up direct service onto their property and Telpro in that area. From that conversation a discussion began with the State over whether or not a) you could do the study, what it would take to do the study, and could you get all this done in time to complete construction on an interchange by October, 2003 - that’s an incredibly accelerated time schedule, and in conversations with City staff, MPO staff and MPO Policy Board the decision was made to try to do this. The question then came what’s the steps you have to go through, the initial step and most critical step on what’s called an interchange justification report, and that is a federal state document that says an interchange would be warranted and goes through a lot of technical analysis to prove that; from that the issue moved to how do we fund that - initially there was conversation and we thought that Agsco would fund it 100%, found out that the offer was that they would prefer to have a public entity fund the study, if the study came out and said that the interchange was not justified, then Agsco would pay for that cost; and now looking at a study cost of about $22,000. The MPO budget is basically committed for 2001 and need to get this going very quickly; and then the issue was how do you find the dollars, and the question came up whether the
COMMITTEE OF THE WHOLE - August 27, 2001 - Page 11

City would consider shifting the starting date for South 48th from this calendar year to next calendar year, and MPO said that they would fund the interchange justification report if the City would consent to sliding the start of the study for South 48th from this calendar year to next calendar year, and that was the MPO motion and that’s the issue that is now before the council. Staff would recommend giving that consent.

Mr. Potter stated that the issues in doing the South 48th Street study comes out of a state and federal planning requirement and that’s what planning to do now for construction in 2004, planned to use a mix of local funds, Highway User funds and state and federal funds, and to do that have to go through a corridor study that looks at the options for the location of the road, what has to go into the road, whether two-lane or four-lane, traffic issues that would have to be addressed in construction of the road, and essentially gives you a road map that says here are the issues, options to deal with the issues and gives rough cut cost analysis, and that is the basic document that you can use to go forward with the rest of the planning process. He stated from a practical standpoint no impact, simply sliding the end date of the study from early part of 2002 toward the end part of 2002.

ADMINISTRATIVE COORDINATOR COMMENTS

3.1 Clearing house for meetings.
Mr. Duquette stated last week there was some discussion about overlapping meetings and conflicting meetings - that Ms. Fiala, IS Department, has put together a master electronics schedule that they will try to utilize out of the Mayor’s Office to coordinate some of these meetings - what will be critical for this is as you or staff put together meetings, if they could notify his office, and they will get those meetings either placed on the schedule or make you aware of what other meetings may already be happening to try to prevent or delay any conflicts - will try this for a couple weeks and might be helpful for all of us. - that the Mayor’s Office is the central notification point and will be on Lotus Notes where get E-mail from.

Council Member Hamerlik asked if they were going to expand their notification in weekly material at the end of the agenda, which goes out to the press, etc.; that maybe all meetings should be on there if city or council related. Mr. Duquette stated his concern with that is that it’s more of a tool to avoid conflicts vs. announcements of meetings, and will take a look at that to see if it can be done. Council Member Hamerlik stated that some of the meetings next week, whether flood related, transportation related, the conflict is there, but not all necessarily council kinds of things but still an overlap for the general public. Mr. Duquette stated they will try this to see if they can stream-line things and make it better for everybody.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Glassheim announced that the Population Growth Task Force has organized and is now meeting at the Alerus on Thursday nights in doing one of three weekly public meetings to get suggestions and ideas as to strategies they can use to expand our population, esp. ages 20 to 35, and if anyone can be there, that would be great, and also two following Thursdays.

2) Council Member Hamerlik asked that when they agreed that contact by phone system was a voteable situation, if that also counted as part of quorum. Mr. Swanson stated that it does.

3) Council Member Hamerlik stated that on the way to the meeting tonight all the school lights,
COMMITTEE OF THE WHOLE - August 27, 2001 - Page 12

school crossings were on at 6:00 p.m. , and also that while driving east on 32nd Avenue South at approx. 34th Street near Branigan’s after turn light for left turn changed, it was 30-40 seconds, and do police officers or others call in on that; it was stated that they do.

4) Council Member Stevens announced that he is on the County Redistricting Committee, that they will have a public hearing this Thursday at 4:00 p.m. and invited anyone interested to attend, meeting is in County Commissioners chambers.

5) Council Member Stevens stated he had received a phone call today re. fraternity house Pi Kappa Phi on 2600 block on 4th Avenue North, from one of his constituents, that they’re having parties until 4:00 a.m. and would like that looked into.

6) Council Member Brooks stated that there was a news release in the paper re. Cirrus, and that shortly before he came on the council the City invested in Cirrus, John O’Leary was a big part of that, that there was considerable criticism about how that was set up, that we realized some dollars and still have our stock in it, and that turned out very well and Mr. O’Leary needs credit for that.

7) Council Member Bakken reported that they had a non-productive meeting of the Transporta-tion Committee today, decided not to do anything; that Mr. Gershman came up with the idea that we have a rate advisory task force and left it at that, and public hearing on September 6 has been cancelled. Council Member Hamerlik stated that the meeting scheduled for Tuesday night re. night ridership will be held.

8) Council Member Klave reported that the Emergency Management Board last week authorized the purchase of 150 weather band radios which will be distributed throughout the county, including the city of Grand Forks, going into public buildings so that staff and people will get warnings as they are coming across.

9) Mayor Brown announced that there is a special city council meeting scheduled for August 30, 2001 at 7:00 p.m. in the council chambers regarding alternative flood protection alignment requests south of Grand Forks.

10) Mayor Brown reminded council members that because of Labor Day weekend the regularly scheduled council meeting will be held on Tuesday, September 4, at 7:00 p.m.

ADJOURN

It was moved by Council Member Kreun and seconded by Council Member Brooks that we adjourn. Carried 12 votes affirmative.

Respectfully submitted



John M. Schmisek
City Auditor