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Minutes of Grand Forks City Council/Committee of the Whole
Monday, September 28, 2009 - 5:30 p.m._________________ __

The City Council met as the Committee of the Whole on Monday, September 28, 2009 at 5:30 p.m. in the Council Chambers in City Hall with Mayor Brown presiding. Present at roll call were Council Members Bjerke, McNamara, Glassheim, Gershman, Christensen, Kreun - 6; absent: Council Member Bakken - 1.

Mayor Brown commented on various items during the past week and upcoming events:
There will be a public meeting on the new FEMA flood plain maps on Tuesday, September 29, at 5:30 p.m. in City Hall.
Congratulations to everyone involved with this year's Cushman Classic, it was a tribute of the 5,000 attendees to Cliff Cushman and his family, an inspiration to our community.
This week is UND Homecoming Week and good to see big crowd at the Alerus on Saturday.
This past weekend the Greenway stood out, there was a campout with the Boy Scouts on Friday, several road races, and had UND students as part of the Grand Forks Give volunteering to keep it clean. It is a reward to have an asset like the greenway and rewarding to see it used so much.
There is an initiative headed by the EDC and Greater Grand Forks Young Professionals that kicks off tonight called Launch in the Loft at 7:00 p.m. at 322 DeMers Avenue, and with a grant provided by the John S. and James L. Knight Foundation, the EDC and the Young Professionals have opportunity to benefit our region's economic future, they have teamed up with the Next Generation Consulting and Market Research firm to help develop a survey that helps find the answer to questions of why talented youth stay in our region or why they leave. The effort is to work on making sure our community is one that attracts and retains the young work force.

October is Crime Prevention Month and a proclamation was read, along with a brief public service announcement by Lt. Jeff Burgess.

Al Grasser, city engineer, reported this is a culmination of an effort that FEMA started after the flood, they came in with a remapping effort and with our flood protection projects some of that was put on the backburner; we did our own LOMR about two years ago and were taken out of the floodplain but the effort of remapping the entire county was ongoing with FEMA. Their goal is to remap the entire valley from Wahpeton to the Canadian border, and have produced some new maps for the county including Grand Forks, and now presenting that information to the public and taking some public input at this time. The meeting will be tomorrow at 5:30 p.m.

2.1 Application for abatement of 2007 and 2008 taxes by Donald and Kathryn Schiele, 5859 Fountain Vista Drive._______________________________________________
There were no comments.

2.2 Matter of consideration of special assessments on cemeteries based upon North Dakota's 2009 Legislative action through Senate Bill #2441._________________
Howard Swanson, city attorney, reported legislation that was adopted was intended to exempt cemetery from all special assessments and requires the city to fund special assessments that would otherwise be paid by cemeteries; the effective date was the date of signature by the Governor. The legislation in effect has a retroactive application to it because it prevents the City from attempting to enforce or collect any unpaid special assessments that were previously authorized by the city council or proposed by the city council; some cemeteries have paid the assessments, some that have not, and one of the issues before you is cancellation of this year's special assessments for all cemeteries and whether or not you wish to consider refunding previously paid special assessments.

Mr. Swanson stated have two assessments at issue, one is flood control assessment and other is lift station assessment; and if council were to pick a date in between not refunding or refunding the total amounts paid, would suggest there should be some significant rationale supporting whatever date you select if you choose to go that route.

Council Member Gershman stated we have cemeteries that have paid and one that didn't, and if don't give a refund, the people that paid are penalized because they did and the one that didn't isn't being charged; that he is in favor of doing the refund for those who paid.

Council Member Christensen stated that the cemetery that quit paying had paid through 2004, and if choose to refund, use that as a cut off date for everybody and refund those who paid during the years 2005, 2006, 2007 and 2008, because then the playing field is equal; and can support that because everyone would be treated the same way.

Council Member Bjerke asked for clarification - refunding everything from 2005 and anything paid previous to that would not be refunded.

Emily Fossen, finance accountant, asked if they would also address how to handle the Congregation of Children of Israel, who paid their total assessment at the time that they were assessed, $3,410.00. Mr. Christensen stated if choose to refund, could figure out proration on principal.

Mr. Swanson stated he agrees with Mr. Christensen's comments , but one additional factor is that the Attorney General's opinion that was issued last spring, was consistent with the opinions previously provided to this body, and his motion is within your discretion and does establish a reasonable basis for the refund.

Council Member Bjerke asked if they could get some updated information in their packet, numbers from 2005 so have current information. Mr. Swanson stated that the assessments for this coming year have been certified already and will need to take action to cancel those and for future years that would be an administrative proceeding, whether for the current assessments or for any future assessments.

2.3 Budget amendment for projected cost of Base Retention.
Council Member Bjerke asked if going to spend the $100,000 every year, there should be a budget item in an appropriate place and reason it is there. The acting city auditor reported that amount is in the 2010 budget out of economic development, and are projecting it in there for the future.

2.4 Construction Engineering Services Agreement for Project No. 6420.1, Federal Project STM-SU-986(088)092, Sign Replacement at Controlled Intersections. __
Council Member Bjerke questioned hiring somebody to keep track of people putting
signs up for $40,000+/year, and if there is a way to do this ourselves. Mr. Grasser stated we received about $3.5 million of federal stimulus funds, and are using federal dollars on this portion of the project; that staff has been busy doing front end of this and don't have the staff to do all the paperwork required and inspection and documentation required on the backend while they are doing construction in the field, and have been hiring consultants to do that activity plus that is part of the intent of the program is to keep people employed and working, etc. The only time intending on doing this is for the federal project, won't be doing this when the City does the sign replacement and using local money as won't need all the documentation and application forms, etc., and our focus has been and continues to be on the design side and less on the construction side, as it takes a lot of people on the construction side to be all the places you need to be.

It was also stated that documentation won't totally go away after the federal portion is done, that with 13,000 to 14,000 signs in the city, and funding in the city budget is for materials, sign department in streets will be doing installation, and engineering and IS will also be working on this and not use any consultants on that part.

2.5 2010 Special Events Program.
Council Member Bjerke stated he would like to see the people working with this keep in
mind that at one time talked about new events as some groups come back every year and get funding, and thought it was to give some groups funds for couple years and then on their own, but doesn't seem to have worked that way, and would hope they would consider that when looking at how we spend the money, and that some of the events could be with CVB or Park District.

Council Member Gershman stated they do look at that and have taken a number of groups down on some of their funding and put money into some new projects that might need a little more help to get going, and that when looking at all the events in town, including Alerus, Engelstad Arena, greenway and town square, Chester Fritz and Empire, and there are many people that attend events in this town each year and many are same people that go to events, and adds to quality of life and try to refine this and get to the point being suggested, but working towards it.

Council Member Christensen stated the CVB has access to the amount of money that is being generated by the 1% motel tax for payment of their building and are giving away about $50,000/year, and why wouldn't they combine their monies with these monies and do it all at once; and would make motion to combine it. If things are going to change, should talk about whether or not they will change by implementing different policies, but to continue the same route doesn’t make sense; and what going to do to bring the CVB into it and have them put their money into the pot.

Council Member Gershman stated there is a difference in the mission of the money of CVB and of Special Events - that the money that goes to CVB for their promotion of special events is to put heads in beds, they look for overnight multi-night events, and not an issue for us; that he is not opposed to having discussions on how we can utilize all of those funds better, but reluctant to put that into a motion to mandate as missions are very different, CVB money comes from motels in town and our purpose is more for events that people here are able to partake in.

Mr. Hoover reported he had received an e-mail from Ms. Rygg and that if the issue of overlapping of funding events came up, that the CVB is looking at the selection criteria and going to revise that so that doesn't happen again, and that they would like to engage in discussion later this year about dealing with the special events from the City's point of view and from the CVB.

Council Member Glassheim stated sometimes good to do new things and sometimes good to continue doing what works, some is designed for quality of life within the community and doesn't have a measurable economic impact - 4th of July is very important to us as well as First Night and have been getting money traditionally - nice to keep people here and happy with Grand Forks and liking where they live - lot of others that have been very successful and our money helps to keep them afloat, not sure wants to see much change in what they have been doing, but if new organizations have an event, there is an application process.
INFORMATION ITEMS

3.1 City of Grand Forks Infectious Disease Pandemic Guideline.
Information only.

3.2 Police Department - Update on American Recovery and Reinvestment Act, Justice
Assistance Grant._______________________________________________________
Information only.

3.3 Police Department - Grant application for Department of Emergency Services.
Information only.

MAYOR AND COUNCIL MEMBER COMMENTS

1) Council Member McNamara presented a plea for cooperation - that he has received many calls in last six weeks about lack of cooperation from rental property owners and would ask when the citizens of this community call you, the first line of defense in terms of solving problems that otherwise have to go to the City and legal routes, and would encourage when you get a phone call about number of cars parked in a backyard, beer bottles broken on the sidewalk that kids have to walk over to get to school, would take that seriously and solve that problem for the citizens of this community.

He stated he would like to echo the Mayor's comments about the Cushman Classic - 43 years to the day after Major Cliff Cushman was shot down during the Vietnam conflict, this community continues to remember him, and what made it unique and special was that the Cushman family was there, his son, his former wife and sister, and how he touched this community; and to say to the School District who has been a steward of that, people that have kept that alive and Major Cushman's letter to kids in this community reflects highly on us, and that is one of the proudest he has ever been of our community outside of the things that happened here during the flood and during the winter, was a very proud night that we make a family who has lost so much and all these years later make them feel very comforted.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Bjerke that we adjourn. Carried 6 votes affirmative.

Respectfully submitted,



Maureen Storstad for
Saroj Jerath, City Auditor