City of Grand Forks, North Dakota

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COMMITTEE OF THE WHOLE
Tuesday, May 28, 2002 - 7:00 p.m.

The city council met as the Committee of the Whole on Tuesday, May 28, 2002 at 7:00 p.m. in the council chambers in City Hall with Mayor Brown presiding. present at roll call were: Council Members Bjerke, Hamerlik, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 11; absent: Council Members Brooks, Stevens, Burke - 3.

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 and taped for later broadcast.

Mayor Brown made the following announcements and congratulations:
1) to all the area high school graduates, important to reinforce to them that this is a beginning, not an ending, and these are our best and brightest, and that while some may leave North Dakota many will stay and need to stop saying we are losing our best and brightest because that belittles those who stay and lets celebrate those who stay and focus on why they chose to remain as part of our community, and that's good economic development.
2) that King's Walk, another brick in the road to becoming a destination community will be set this week as they celebrate their grand opening, and this is great success to celebrate and thanked the community, the city council and the Park Board for the support and the Park District for all the work that went into creating such a marvel, special congratulations go to John Staley, Steve Mulally, Dan Tannahill, Bill Voigt and Pete Loyd for their tireless personal efforts and good job.
3) the State Department Tourism of North Dakota is visiting this week to experience our recent successes and learn about how our community is promoting itself as a destination city.
4) the GREAT Program - extended an early congratulations to the 6th and 7th graders going through the gang resistance education and training program, and will celebrate their own graduation this Thursday - great program for our community and is run through the police department and community service bureau, thanks to them and in particular Officer Hank Becker and Sgt. Schroeder.

2.1 First reading of an ordinance amending Section s 13-0701, 13-0703 and 13-0706 of the Grand
Forks City Code relating to junk, abandoned vehicles, building materials, etc._____________
Howard Swanson, city attorney, reported he had forwarded a revised draft to council members last week and after further review considered redrafting the entire article dealing with junk, that he hasn't met with the Health and Inspections staff to go over the draft and they would like additional time to review and continue to look at definitions and provisions - next week he will ask council to table the ordinance indefinitely pending report back from staff before future action by the council. He stated those comments are also true with respect for Item 2.2 dealing with off-street parking.

Council Member Bjerke stated he would like to make a few comments and maybe Mr. Swanson can consider them in the draft. He stated concern in 2.1 under both junk and junk motor vehicles which are inoperative or partially dismantled and if you were working on it and it's not inside, if that would mean it is considered junk; Mr. Swanson stated yes. He stated the 60-day requirement referred to is when a vehicle is not licensed for use upon the highways in the State of North Dakota for a period of more than 60 days - that the present code if a vehicle cannot be operated for at least 48 hours, it would be considered a junked automobile. Council Member Bjerke stated that not everybody can put their vehicles in the garage to work on it and might take time but concerned that we're going over a line and violating the law.

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Council Member Bjerke stated the way the ordinance reads about junk - as it states unprotected from the elements, and if he had building materials in a trailer and tarped that he is protecting it from the elements and who would make that determination and that needs to be considered also. Mr. Swanson stated what you are doing is reading the definition of junk and not reading the prohibition in 13-0703 and the exception in 13-0706, the only exception would be if it is placed in an enclosed building, covering by a tarp alone would not be adequate and that is the same as present Code. Council Member Bjerke stated he thought that was going too far - doesn't think everybody can store their building materials in a garage; and are saying if building something, if don't store everything in your garage, that pile of construction materials could be considered junk if someone wanted to report it - that we need to protect the citizens. Mr. Swanson stated that also was an item of discussion at their meeting today, and the intent is to modify this draft to allow the storage of materials only for a period of time that a project is under a permit, but could not store building materials for an indefinite period of time for a future project or for an incomplete project.

2.2 First reading of an ordinance amending Section 18-0302(5) of the Grand Forks City Code re-
lating to off-street parking and loading.______________________________________________
Mr. Swanson included this item for tabling next week. Council Member Bjerke stated concerns - that basically anything you can fit into your garage or on your driveway is okay - but not when store them somewhere in your yard. Mr. Swanson stated that was the question he raised with the Inspections Department because there is an inconsistency in both drafts that you have - the inconsistency appears in Subsec. A which allows parking on a front yard area and in Subsec. D 2 which appears to attempt to limit them in rear, side or second front yard and this ordinance needs more drafting but understands the intent is to regulate what is parked on side yards, rear yards and second front yards. Council Member Bjerke stated if it's in the driveway or garage, they've met the rule and should not be counted if the future council decides how many they are going to put off to the side. Mr. Swanson stated the other redraft is necessary to provide exemptions for vehicles or items that are stored within closed buildings, such as garages.

Ross Weiler, 701 North 3rd Street, stated concerns he has with this ordinance; that he has lived in this community for about 20 years, that he has done a lot of work on his property and in the process of doing this work within the law (permits, storing building materials for projects that were being built, etc.) that he has come across this ordinance for about the whole time he has been here, the biggest point he has a problem with is that when you make things so specific that you're basically tying everybody's hands as to what they can do - limiting the amount of time a project can take -
and thinks that needs to be monitored very carefully. He stated he is an old car hobbyist and will continue to pursue this hobby but if make it illegal for him to own what he owns now by changing the ordinances, by stiffening the requirements and making high penalties for trying to pursue this, and has a concern with that. He stated he built a large garage to pursue his hobby with a permit but became afouled in these ordinances several times because he has to work for a living, etc. and wasn't meeting the requirements in a timely manner, and if how he has operated through salvaging materials and fixing old vehicles, etc. is obnoxious to the common sense of the community, then why has his property increased 3 times in value since he moved to this community; has taken an old run-down rental property and turned it into a $90,000+ house on the north end of town with a garage suitable for his hobby, did it with time and hard work and salvaged materials, which you are trying to make illegal and has a problem when you tell him he doesn't have a right to use his property the way he wants.

Mr. Weiler stated several other concerns: 1) one thing that happens is when he receives a letter from staff members saying he is doing this wrong, etc. and he questions if they are checking other
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properties, and they say they don't have the staff to investigate who's in violation, just respond on complaints; it bothers him that he gets singled out. He stated if they are going to enforce this ordinance, they need to enforce it fairly and uniformly and equally or need to bear in mind that we don't have a good ordinance; 2) another concern with this ordinance is Sec. 13-0707 with joint and several liability - and would hope this is something that Mr. Swanson is looking at changing, is if there is a tenant renting a unit in a rental property and the landlord or anybody else has an old car or something that doesn't meet Code, that the occupant of that property is as liable as the owner; and 3) the last item is the last section re. parking for storage, that he has several old trucks and telling them they cannot park for storage - but cannot do work in two weeks, or 10 days and if the ordinance passed, he has 48 hours to respond to something, and when ordinances get changed when he has met the requirements of the current ordinances and when changed and he can no longer meet them, finds that hard to deal with; and hoped that they will be very careful when they draft this ordinance, and bear in mind the hobbyists and people who do believe in saving and not wasting everything that gets old or slightly used.

Mayor Brown stated they would move to table these ordinances at the next meeting.

2.3 Preliminary approval of an ordinance related to rights of way reservations for the Plat of
Heitmann Weg Addition to the city of Grand Forks, North Dakota, lying in the easterly 350
feet of the E 1/2 of the E 1/2 of the NW 1/4 of Section 35, T151N, R50W of the 5th Principal
Meridian (loc. south of 62nd Ave. SE and west of L & S 3rd Resubdiv. (aka Burke's Addn,)
There were no comments.

2.4 Letter of agreement with the Grand Forks Airport Authority.
There were no comments.

2.5 Plans and specifications for Project No. 5379, District No. 587, paving Phoenix Court.
There were no comments.

2.6 Plans and specifications for Project No. 5274, District No. 585, paving N. 52nd Street.
There were no comments.

2.7 Plans and specifications for Project No. 5366, Dist. No. 586, paving 44th Ave.S. and S. 25th St.
There were no comments.

2.8 Plans and specifications for Project No. 5374, District No. 413, storm sewer on South 20th
Street (44th Avenue South to the Southend Drainway)._____________________________
Council Member Bjerke questioned who is going to be assessed for this project. Cindy Voigt, asst. city engineer, stated property on the west side is one owner, and on the east side is the School District and the Park District, that she contacted both for their input and are aware of it.

2.9 Design engineering services agreement for City Project No. 5382 - TCSP Greenway/Bikeway
Improvements._________________________________________________________________
Council Member Bjerke asked if the costs listed in the staff report include all of the costs. Mark Walker, asst. city engineer, reported the figures represent their best estimate for a cost estimate for all the construction work, engineering and contingencies; that they spent very little time looking at this but spent enough time to come up with a rough dollar amount and believe that to be fairly accurate at this preliminary stage. Council Member Bjerke questioned if they are having a consultant doing the design, and if had software and training available in the city, could
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we do that as a function of the City. Mr. Walker stated they could but lacking time for this project, that they have to submit plans to the DOT by September 1, and this normally would be an 8-month process and have to squeeze it into 3 months to meet timelines; but that this would be a project they would definitely look at doing in-house if they had time. Council Member Bjerke stated there have been discussions about consultants and hope we continue to look at that area.

2.10 Pledge of Allegiance.
Council Member Bjerke stated that next week he will be making a motion to add the pledge of allegiance as a permanent item to the agenda after the welcome and roll call. He stated by saying the pledge of allegiance at our meetings we can be an example to our youth, sure that the Information Office could find people, i.e., scouts, service club vets, people from the Base, etc. to have them lead the pledge as a community type event and action where they can participate in government. He stated if somebody were to be offended by the pledge, just stand up and not say the pledge - thinks it is important as a city to remind people how this country was founded, and thinks it appropriate to have the pledge of allegiance at a council meeting.

Council Member Hamerlik asked if we need a change of ordinance to include this on the agenda.
Council Member Martinson stated he brought this forward in early April, that he is a veteran of the Korean War, Air Force, and respects our flag greatly, and problem he is having right now is to wrap ourselves in that flag and do the pledge of allegiance and wonder if we are setting an example for our youth the way we conduct ourselves up here.

Mr. Swanson stated that prior to the fall of 2000 our Code had a specific order of business required on the agenda, that was modified and our Code does not require and does not identify the specific order of the agenda, and would not require an ordinance change.

2.11 Budget amendment (HL45, 2002, $198,144, 5/23/02) and New Community Health Grant
Agreement with the North Dakota Department of Health (new revenue).______________
Council Member Kerian asked where we are in ND in terms of the youth use of tobacco and what seems to work for cessation or prevention. Mr. Shields stated this grant is patterned around the CDC's 10 best practices, which are known strategies to address tobacco. Debbie Swanson, Health Department, stated that she helped to prepare the Community Health Grant that was submitted, the data in the grant indicates that the youth smoking rates in ND for children, grades 9 through 12, are 40.6% and is well above the adult rate of 23.2% and this information is from the Youth Risk Behavior survey that is conducted in ND and is reflective of Grand Forks County as well. She stated that the strategies that they will be using specifically with youth would be the TNT Program and Life Skills Program which are two scientifically proven youth education models that will be used in schools, along with some other activities that will supplement that, but those are the centerpiece of education and the curriculum in schools, as well as doing school assessments and make sure they have model policies, etc.

2.12 Bids for City Project No. 5335 - 1968 Filter Improvements for the Grand Forks Water
Treatment Plant.___________________________________________________________
There were no comments.

2.13 Joint Powers Agreement between the University of North Dakota and the City of Grand
Forks._____________________________________________________________________
Council Member Hamerlik stated the City will help with the infrastructure up to $400,000 for the new hotel in that area, in return over a special assessment up to 20 years at 5% interest, that
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$400,000 will be repaid to the City; and is not a grant. Mr. Duquette stated that is correct and would be repaid to the City by the University of North Dakota.

Council Member Christensen questioned re. paragraph 3, if the special assessments for the dike that the University does not pay because this is State land, and the special assessments for the dike that normally would have been assessed against this land were it private land and if that has been addressed. The city auditor stated they haven't addressed it in this agreement, however, have had discussions with UND about some changes in State statutes that would allow us to do those assessments on commercial properties developed on State land. Council Member Christensen suggested that there be added to this agreement that in the event the State statute is changed and State land commercialized is subject to these type of leases, that the lease contain a provision that the special assessments for the dike will be assessed against that property so that those who build buildings on University ground know that they are going to pay special assessments like the rest of the community - not fair if we don't because everybody else who is in retail is paying special assessments on a per sq. ft. basis for the retail land. He stated that in paragraph 4. installation and/or construction of infrastructure shall be subject to the imposition of all applicable fees, costs and charges typically imposed by the City of Grand Forks, and asked if fees we charge for engineering and administrative would be added to the project cost; the city auditor stated they wouldn't anticipate doing that because our engineering department is not doing the design work of the project and we are advance funding this out of current dollars, not a bond issue that we would oversee for 20 years so normal markup is not on this. Mr. Swanson stated the way the agreement is drafted the modification is on the installation and construction, and also has to be imposed by a City Code or construction standard, what is intended there is the building permits, inspection fees.

Council Member Klave asked if we have to go to the State Legislature for some of these changes; but doesn't want it to be so strict that it hangs up this proposal, but agrees with the concept; and asked if they could receive a better or map showing location. Mr. Swanson stated that the legal description is about 3.5 acres and is a very unusually shaped parcel which is the area that has been leased for the hotel, and should be able to provide you with the certificate of survey, which is referenced in that description and UND provided a general map. Council Member Hamerlik stated the reason he wanted this clarified was that the lease states the City shall contribute, and if that is the best word to be used; Mr. Duquette stated they would revisit that issue.

Council Member Bjerke stated in relation to this project and future projects, he would like to see a public statement from the mayor and council and University of North Dakota, since we're partners, something to this effect - that all businesses located on State land under the control of UND will pay all applicable taxes, fees and special assessments - thinks we need to make that a goal of the City and UND - that it is an unfair business advantage to make certain people pay taxes while others don't, there are businesses located on UND property that are not paying property taxes, nor dike special assessments - we need to be fair to all our businesses and that the legislators in Grand Forks work on this - not an issue of trying to tax them when it's a simple fairness issue. Mr. Duquette stated he had some brief discussions with UND on this matter and it's a sense out there that this circumstance maybe wasn't thought of when the initial legislation was put together concerning the ability not to assess the State, but there has been a cooperative effort and discussion re. UND staff members and himself re. this matter and would like to approach that with the State Legislature on this issue and move forward in that direction, and echoed the importance of them doing that together and not necessarily slowing down this project. Council Member Kreun stated he felt that was a fair assessment of the operation, and during the discussions Duane Espegard, representative from Grand Forks, has made the attempt and will be bringing forth the verbiage or language to the
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\Legislature in the next session and indicated that was part of the process that would need to be taking place so that those people do not have an unfair advantage on other businesses - that discussion has taken place and is in the process and will be brought forth to the State Legislature at their next session.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member Kreun asked if there would be a committee of the whole meeting on June 10 or 11. Mayor Brown stated that would be decided next week and will be a discussion item if want to meet on June 10.

2) Council Member Hamerlik stated he received a sheet describing some of the prerequisites for outdoor carnivals, that there doesn't seem to be location where they can be held and would request that if there are some restrictions should know them, and if not, perhaps should be including that. He also stated that he would hope that periodically they may receive a status report on where the committee is with Springfest - he receives questions every day. Mr. Duquette stated he will report that information as they get to that point.

3) Mayor Brown again reviewed announcements and congratulations. Council Member Hamerlik stated we need to compliment the proper people in Grand Forks, University or School System for the Class A and B Girls and Boys Track Meet which brought hundreds to the city last weekend.

ADJOURN

It was moved by Council Member Lunak and seconded by Council Member Christensen that we adjourn. Carried 11 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor