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MINUTES/COMM.WHOLE/10-14-02 – Page 10COMMITTEE OF THE WHOLE
Monday, October 14, 2002 – 7:00 p.m.

The City Council met as the Committee of the Whole on Monday, October 14, 2002 at 7:00 p.m. in the Council Chambers in City Hall with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun.

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 later broadcast. He also noted that there will be no recommendations on any of the agenda items.

Mayor Brown reported the following announcements:

1) This is homecoming week for UND. This means that there will be a lot of graduates coming back to see the campus and the City. It is a perfect time to be great hosts and to show off the progress we’ve made.
2) The Downtown Leadership Group will host a public meeting to discuss downtown parking issues, including the current assessment system. The meeting will be on Tuesday, October 22 at 5:00 p.m. at the Town House. Anyone with interest is encouraged to attend.
3) He attended a ceremony in Town Square this afternoon to celebrate the installation of the last 18 tiles created by local elementary students. He stated that it was great to see how proud the children were and also how proud the parents were of their children. He stated that this project was led by Artwise in cooperation with the Grand Forks School District. He congratulated the 182 artists and everyone involved with the project.
4) He noted that the annual leaf collection by vacuum trucks will begin on Wednesday. Crews will start at both the north end and the south end of town and hope to make two passes through the entire City, weather permitting. Questions should be directed to the Public Information Center at 746-2636

Citizen Requests

There were no citizen requests.

3.1 Application for Class 5 Hotel/Motel Alcoholic Beverage License by Excel/Beechwood Management, LLC dba Hilton Garden Inn Grand Forks/UND at 4301 Dartmouth Drive.


City Attorney Howard Swanson stated that he has reviewed the application and finds it in order and has issued his approval, subject to review and approval of the Police, Fire, Health, and Inspection Department. The motion that Council would want to make next week would be to approve the issuance of the license, subject to approval of Police, Fire, Health and Inspection Departments.

Council Member Kerian inquired whether there was a limit on the number of licenses that were issued by the City. Mr. Swanson stated that there is no limit established in City Code. There are some technical items that are outlined in the Code and he checks to make sure those are met, the other departments complete checks of backgrounds and the premises to insure that they meet the requirements in Code. Mr. Swanson stated that in the past the City has limited the number of license in particular classes, but at this time there are no limits in place.

Council Member Gershman inquired whether a hotel coming in with over 100 guest rooms would automatically qualify for a license. Mr. Swanson stated that there are no limits with respect to number of rooms, the room size only comes into play in the amount of fees that are paid.

3.2 Technical correction ordinance amending Chapters 8 and 9 of the Grand Forks City Code relating to traffic and motor vehicle offenses and miscellaneous provisions.

Mr. Swanson stated that these changes are mainly housekeeping items consisting mostly of typographical error correction, correcting or modifying City code to be in line with the State in particular in the area of DUI, there are a couple of instances that will now be criminal offenses that previously were non-criminal. There are some instances where a fee has been changed in one location but not another.

Council Member Hamerlik inquired regarding section (2) on confiscating the motor vehicle number plate may be a problem if vehicle is a family vehicle and used by others in the household such as students, friends, etc. It appears that we may be unduly affecting this family, rather than the individual involved. Mr. Swanson stated that this change was made by the State Legislature in its last session, we are bringing our Code in line with the State in this case. Mr. Swanson further stated that in order for the City to be able to enforce the DUI provisions City ordinance must be in line with state.

Mr. Swanson also noted one other change in regards to child safety restraint violations. These can no longer be fined at the local level. This is on Page 5 subsection 8. The City had a substantial fine associated with this violation, which state law no longer allows.

Council Member Christensen inquired about page 1 paragraph 3. Mr. Swanson stated that there are typographical errors that will be corrected.

Mr. Swanson stated that this is an initial draft of this ordinance, he anticipates receiving further comments from the Municipal Judge and City Prosecutor. This ordinance will require two readings, the first of which will be at the Council meeting on Oct 21.

3.2 Application for abatement of 2000 and 2001 taxes by John and Linda Laurie, 2128 South 38th Street.

Council Member Gershman inquired whether these individuals could have received a larger abatement than requested. Mel Carsen, City Assessor, stated that they discovered the error via the internet. The error goes back to 1995 when the home was built. The state only allows for going back two years, 2000 and 2001 will be taken care of here. He stated that they were able to change the 2002 taxes through a letter to the County.

Council Member Kerian stated that she wished to thank Mr. Carsen for working with the Lauries on resolving this matter. She also stated that one benefit of having property information available on the internet is it allows people to review their own information and compare with other similar properties. Without this available this error would not have been caught.

Council Member Hamerlik inquired why we were only going back two years. Mr. Carsen stated that state law only allows for two years. Council Member Hamerlik stated that seems unfair in that since it is our error, they maybe should be able to get full recovery.

3.3 Application for exemption of improvements to commercial building at 1516 North 6th Street.

Council Member Christensen suggests that perhaps Mr. Duquette work with departments involved so that when people get building permits they should get a handout that informs them of the possible exemptions that may be available to them. Council Member Hamerlik stated that he recalled several years ago that Council discussed this issue. Bev Collings, Code Enf. Officer, stated that there are several handouts that people receive and in them is information on the exemptions. She suggested that perhaps something could be put in the computer system so that when the permit was being issued it would trigger that the building is over 25 years old and would potentially qualify for the exemption.

3.4 Application for exemption of improvements to commercial building at 1632 Gateway Drive.

Mr. Carsen stated that Mark Kwiatkoski, owner of the property, is here and wished to speak to Council. Mr. Kwiatkoski stated that he had asked about any forms of assistance that were available when he received his first building permit in December of 2000 and was told there was nothing available to him. Later when Mr. Carsen visited him during the remodeling process they visited and he was informed that he would have qualified had he applied within the time limit. When Mr. Carsen visited with him at the conclusion of the remodeling, they again discussed the exemption and bringing it to Council to see if he could receive any assistance.

Council Member Gershman inquired how many individuals usually miss the deadline and why there is a deadline. Mr. Carsen responded that there are 2-3 that miss the deadline each year. He stated that the deadline was put in place by a previous Council who felt the exemption should be an incentive to do the work. He stated that there are other limits that were part of that earlier action that established all of the guidelines for the program. There is no legislation at the state level in this area.

Council Member Brooks inquired which building this was. Mr. Carsen responded that it is the corner of Gateway and North Washington, the Sun, Pool and Patio building. Council Member Brooks inquired why 30 days was set as limit, as opposed to 45, etc. Mr. Carsen stated that there were many different items discussed in the formulation of the guidelines, this was the time that was picked. Council Member Brooks stated that perhaps Council may want to revisit these guidelines and modify them.

Council Member Kerian requested that Mr. Carsen run through the overall timeline on this issue. Mr. Carsen reviewed the dates of the permits, his visits, and also added that over the last several months Mr. Kwiatkowski has met with him and Mr. Duquette to discuss this matter. There is the possibility of filing for an abatement, but rather than run through the County brought this to the Council first.

Mayor inquired if there was a reason that the Assessing Department could not automatically look at this each time a property came through. Mr. Carsen stated that he does make the determination whether properties that apply are eligible or not. Council Member Kerian inquired whether there is any way to determine whether his department would have responded differently if it had been filed prior to the deadline. Mr. Carsen stated that he spoke with Mr. Kwiatkowski on several occasions back in 2000 prior to his purchase of the building, but he does not recall that they ever discussed the tax issue.

Council Member Glassheim noted that no matter what deadline is set, there will always be some who come forward that have missed it. Therefore, should the Council stick with the deadline that exists or maybe not have a deadline for these.

Council Member Christensen stated that on the application it says that the cost of the improvements was $100,000 but on the permit it says $80,000, have there been several permits issued? Mr. Carsen stated that there were two permits issued, one for $80,000 and a subsequent for $350. Mr. Carsen stated that Mr. Kwiatkowski reports he has spent $100,000 on the improvements even though this permit is for only $80,000. Mr. Carsen said to keep in mind that this permit does not include any mechanical or electrical improvements, as these are covered by other permits.

Council Member Christensen stated that given this situation, it reinforces to him that we should prepare a handout that is given at the time of the permit being issued. This will take away one reason given for missing whatever deadline is set. There may be a case for extending the deadline to allow enough time for Assessing Staff to have visited the property, made their determination on eligibility and time for appeal if needed by the property owner. Council Member Christensen stated that then should not have a reason to get requests after the deadline. This is a good opportunity to review the process and make it better.

3.5 Budget amendment, mosquito control (new revenue and 2001 capital replacement case carryover.

No comments were made on this item.

3.6 Budget amendment, (food class revenue) and budget amendment, (Bioterrorism Revenue, new)

Council Member Gershman inquired whether these needed to come to Council since they are under $5,000. Mr. Schmisek stated that currently state law requires all to come to Council for approval. He stated that he and Mr. Swanson are working to get this changed at the State Level or under our Home Rule Charter.

Council Member Christensen stated that going back to the Mosquito Control, he is not concerned with this particular amendment, but rather thinks it is a good time to begin exploring our overall philosophy on mosquito control. He stated that he is not wanting to fault current staff or policy, but rather look at trying to develop a continuing plan with contingencies that include things like alley spraying, aerial application, larvicide and if this all costs more doesn’t believe that anyone in the community would object to an additional 50 cents or so per person to improve our mosquito control program. He stated that he would give his support for reviewing the program costs and beginning to look at modifying revenue sources if need be. Don Shields, Director of Public Health, stated that they are already working on this type of review. They are also looking at the equipment and staffing levels that may need to be adjusted to allow for increased spraying potential in the fall, also at adjusting when and where such items as aerially spraying should best be used, improving and expanding the larviciding program as well as public education. He stated that he will be bringing some of the findings back to Council at a later date. He also wanted Council to be aware that with this budget amendment the budget that was approved for this program at $301,000 has now been increased to $367,000 and they have now used accumulated depreciation, cash carryover and other funds that have been available to make this increase for the program costs and therefore there are no funds left to use next year to replace equipment and cover any new purchases.

Council Member Brooks stated that he is in agreement that we had a bad year and that there are additional concerns if we have successive bad years. He also sees a concern with the growth of West Nile and the apparent beginning of a return by Malaria. He feels that we need to start looking ahead at this for potential needs in the 2003 budget that are beyond what we have now approved. Mr. Shields stated that he would hope to have the additional information available and back to Council early in the next year. Mayor Brown stated that they are also working with Public Works on reduction of potential breeding sites and looking at the radius of where our mosquitos can come in from. Council Member Brooks also stated that perhaps we need to include cooperative efforts with other area communities and counties also in our planning and control efforts.

3.7 Levee alignment at St. Anne’s Guest Home (Riverside Manor)

Council Member Hamerlik inquired as to who receives the flood update that is mailed to Council Members. Mark Walker, Asst. City Engineer, stated that there is a mailing list that the update is distributed to. Council Member Hamerlik stated that he noted in the latest addition that it said that the City and Corp had already decided on the fate of St. Anne’s. Possibly this should have been City staff, since Council has not yet taken any action. Council Member Brooks inquired whether this adjustment in the alignment will increase the betterments the City pays on the project. Mr. Walker stated that the only betterment in this change will be the additional 3ft. that the City is building the wall to overall. He further stated that the best recommendation for this site is to build a flood wall, rather than to run a footprint through the building which would result in the City paying acquisition, demolition, and relocation costs for the building and its residents. With this option the City will only need to pay acquisition cost and relocation for the 5 units that will be lost due to the position of the flood wall.

Council Member Kerian stated that she had attended several of the meetings regarding this building and she is glad to see it be saved. Her main concern is on the economic viability of the building after the loss of the five units. Mr. Walker stated that the only person that can answer this will be the property owner. We will be sending in appraisers and compensate them for the loss of the use of this part of the building. The potential cost for this is included in the amount listed here.

Council Member Kreun stated that this was a long detailed process and City staff and the Corp have worked hard on finding a way to save this structure. He also wanted to note the incorporated safety factors in the building such as the balcony that adjoins the flood wall for fire evacuation purposes. Council Member Hamerlik inquired how we determined the amount of damages if we have not yet completed negotiations on this factor. Mr. Walker stated that the amounts were derived from independent appraiser and final damages will be based on that unless the property owner can provide other independent information to justify an increase.

Council Member Glassheim stated that he is also happy to see that a way to save the building seems to be resolved and the cost saving that occurs with this is an added bonus.

Council Member Brooks stated that he wants to point out that the 5 lost units accounts for about 17% of the revenue for the property owner and as such the City may need to be open and innovative on ways to make this building remain viable for the owner and possibly in looking at other uses for the building.

3.8 Permanent easement for sidewalk, bike path, and utilities for Project No. 5382, TCSP Greenway Trail Enhancements

No comments were made on this item.

3.9 Acquisition of permanent easement and adding painting of UND logo on UND water tower, Project No. 5316, UND Water Tower Reconditioning

Council Member Hamerlik inquired whether all City water towers had fences or if not what the purpose of the fencing would be. Cindy Voigt, Asst. City Engineer, stated that at this time all towers do not have fencing. She informed the Council that there is a current study in progress to look at security issues with our City facilities and one aspect of that is the fencing at tower sites. She stated that once the study is complete it will be brought to Council. She further stated that this particular tank will probably not be fenced due to the placement of it, the amount of traffic around it, and the ability to increase other types of security. Council Member Hamerlik stated that in regards to the logo, perhaps the words University of North Dakota should be added since those not from here don’t know what they stand for.

3.10 Amendment No. 1 to engineering services agreement with WFW for Project Nos. 5317 to 5377, Rehab. of Sanitary Sewer Lift Stations Nos. 6 and 22.

Council Member Gershman inquired as to whether this was a normal process for this type of project or if there is a special reason for this. Ms. Voigt stated that this is the process used.

3.11 Change order for Project No. 5293, 2002 Loop Detector Bids.

Council Member Gershman inquired as to age of the loops involved. Ms. Voigt stated that there is no way to tell, however age usually is not a determining factor. There is no warranty on these items as so many environmental factors can affect it.

Council Member Kreun stated that continual maintenance on these are required. This is one reason why they are switching to the remote controlled cameras on the poles, they are more in cost, but also more efficient over time (less maintenance).

3.12 Request for qualifications of consulting engineering services for 2003 and 2004, with options for 2005 and 2006, Project No. 5398.

Council Member Brooks inquired whether the purpose of these was to establish which companies offered services in which areas so that when a particular project came along they know who to call. Ms. Voigt stated that he was correct. Council Member Brooks inquired whether in the areas that only had one or two we would expand our search when a project came along, or if we only send it to those two. Ms. Voigt stated that depending on the size of project, if it was large they would also do an ad, if a small project then they would probably just give to those couple listed.

3.13 Request for final approval of replat of Lots 11 and 12, Block F of replat of Block 18 and 19, Sun-Beam Addition (48 Slopping Hills Cove)

There were no comments on this item.

3.14 RFP for historic home relocations

There were no comments on this item.

3.15 Budget amendment request – Office of Urban Development.

There were no comments on this item.

3.16 Cost of services evaluation for wastewater, waterworks, solid waste, and stormwater utilities.

There were no comments on this item.

3.17 Appointment to the Grand Forks Regional Airport Authority Board (Dave Molmen)

There were no comments on this item.

3.18 Appointment to the Grand Forks Library Board (Trish Mohr and C.T. Marhula)

Council Member Kerian was interested in some more information as to the Library Board’s feelings on this appointment since it was written in. Mayor Brown stated that he did interview the three individuals that applied for the position and selected Ms. Mohr.

Council Member Hamerlik stated that the Council had in the past requested to be kept abreast of any appointments that were coming up so that they could encourage those they know with an interest to apply. He also stated that he has a concern when the administrator is nominating the board members. Mayor Brown stated that they will work on getting more information to the Council on future openings. Council Member Brooks stated that he had seen the ad in the paper and felt that was one step in the right direction.

Council Member Gershman stated that perhaps the person whose term expires should offer a letter of resignation, thereby starting the process rather than waiting for correspondence from the administrator. Perhaps this is something that should be worked out with Mayor Brown and Mr. Duquette. Council Member Glassheim stated that the outgoing chair had made numerous calls to those she thought were qualified and may be interested and did not get a large response of applicants. He stated that he has concerns on having people resign from boards, maybe more with showing the value to serving on boards.

Mayor Brown stated that he wished to thank all of the applicants and note that they were all qualified individuals and he appreciated their interest in serving.


3.19 Appointment to the Civil Service Commission (Bev Bredemeier.

There were no comments on this item.

3.20 Application for gaming site authorization by Special Olympics North Dakota for curling tournament at Purpur Arena.

Council Member Kerian inquired whether there were any management concerns in regard to the staging of gaming in a youth area. Mr. Swanson stated that he has not seen a site drawing on this matter, but would like Council to be aware that there are no rules governing this aspect of gaming and placement like there are for alcohol.

3.21 Appeals and certification of special assessments on various projects.

Mr. Schmisek stated that all questions and comments from the general public on this matter will be heard at Council on Monday, October 21.

4. Information Items:


4.1 Night Bus Report


Mayor Brown stated that the Council had a report on ridership for the Night Bus Program in their packets.

4.2 Portfolio Management Summary

Mr. Schmisek stated that the Council has the monthly report for review. In addition, the cash balance report was placed on their desks this evening.

Mr. Schmisek stated that he also wanted to inform the Council that the monthly sales tax collections had been received and were $1,007,467 compared to last October’s collections of $734,911, this amount is pre-Cher concert.

5. Administrative Coordinator Comments

Mr. Duquette stated that he wanted to take this opportunity to comment on Mr. Schmisek and his staff in regards to the sales tax. The forecasted amount was 4% growth and we are currently at 3.9%, which appears to be right on target.

6. Mayor and Council Comments

1) Council Member Brooks stated that he would like to thank the Mayor for arranging the pledge of allegiance ceremony prior to last week’s Council meeting. He appreciated the leadership shown by Mayor Brown in addressing an unusual situation.

2) Council Member Kerian stated that she wanted to point out for the public that in regards to the night bus report the numbers are increasing steadily and they should be encouraged by that.

3) Council Member Glassheim inquired whether there was an economic development meeting still scheduled for tomorrow. Council Member Chrsitensen replied that it has been cancelled and will be notifying people of the rescheduled time.

4) President Gershman pointed out that on Gateway and at the University there are new banners on the light poles. They look great and wanted to express that they are a great addition to the City.

President Gershman stated that he received a call from a constituent today about comments made by recycling personnel in regards to glass collected and its use. He would like clarification on what the use is for the glass. Todd Feland, Director of Public Works, stated that he had met with Waste Management Inc. this week regarding the recyling materials. In regards to the glass they do crush that and use it as cover and fill in their landfill. This is one of two items that they use for a purpose other than shipping off to recycling centers.

President Gershman commented that in the Council packets was information on the Brownfield program. He would like to see if the City could work with property owners in particular in the Gateway Drive area to utilize this grant program in order to beautify the area.

Mayor Brown reviewed the upcoming events and announcements that he made at the beginning of the meeting.

Council Member Christensen stated that they did receive the conditional use permits for Gateway Drive businesses sometime ago in the Council packets. He stated that many of those if he remembers correctly expire in 2003, we should give proper notice to those property owners about the expiration so we begin discussions on proposed regulations and any proposed design standards that may be in discussion. He also requested that they receive copies again of these permits. Mr. Potter commented that expiration was in 2004.

ADJOURN

It was moved by Vice President Hamerlik and seconded by President Gershman to adjourn. Carried 7 votes affirmative.

Respectfully submitted,


John M. Schmisek
City Auditor