Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 7, 2009
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, December 7, 2009 at the hour of 5:30 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; absent: Council Member McNamara - 1.
Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.
Mayor Brown thanked the students from St. Michael's School for leading us in the pledge of allegiance earlier, along with Stephanie Schuster, principal.
He extended condolences to the family of Capt. Sonny Coss who recently passed away, he served 42 years with the fire department and we appreciate his distinguished service.
This morning he had the pleasure of working with the Annual Homes for Holiday Bed Giveaway at Slumberland Furniture, that they gave away 25 beds to people who need them, that 100 requests were made for beds and that Dietz Business Promotions, Applegren Construction, Slumberland participated and over 70 quilts were also donated by Northland Washington Church, Northwood Evangelical Lutheran Church and Sharon Lutheran Church. This program was started in 1996 and for other organizations that want to participate for $125 can give the frame, box and mattress if let people know by October 31 and thanked those who participated.
PRESENTATION BY PUBLIC LIBRARY
A brief presentation relating to the Public Library was presented by Wendy Wendt, director of public library, and Susan Mickelson. 3307 Baron Blvd., president of the Library Board, which was a synopsis of the information that was received from their consultants relating to needs assessment.
ADOPT ORDINANCE NO. 4282, RELATING TO SALE
OF STOLEN, LOST, ABANDON OR UNCLAIMED PROPERTY
An ordinance entitled "An ordinance to amending Section 10-0204 of the Grand Forks City Code relating to sale of stolen, lost, abandon or unclaimed property", which had been introduced and passed on its first reading on November 16, 2009, was presented and read for consideration on second reading and final passage.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Upon call for the question of adoption of this ordinance and upon roll call the following voted :"aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.
ADOPT ORDINANCE NO. 4283, RELATING TO SALE OF
ON-SALE ALCOHOLIC BEVERAGES ON THANKSGIVING
DAY
An ordinance entitled "An ordinance to amending Section 21-0221 of the Grand Forks City Code relating to sale of on-sale alcoholic beverages on Thanksgiving Day", which had been introduced and passed on its first reading on November 16, 2009, was presented and read for consideration on second reading and final passage.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Council Member Gershman asked to be recused from voting on this issue, and it was so moved by Council Members Bakken and Kreun; carried 5 votes affirmative.
Upon call for the question of adoption of this ordinance and upon roll call the following voted: "aye": Council Members Glassheim, Christensen, Bakken, Kreun - 4; voting "nay": Council Member Bjerke 1 and Council Member Gershman recused. Mayor Brown declared the ordinance adopted.
DETERMINE INSUFFICIENCY OF PROTEST ON STREET
IMPROVEMENT DISTRICT NO. 99, PROJECT NO. 6272
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Street Improvement District No. 99, Project No. 6272, reconstruction of street paving along Cherry Street from 17th Avenue South to 25th Avenue South, had expired on November 26, 2009, and that written protest had been received from Jerry N. and Merrie E. Rolland, 627 23rd Avenue South.
Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.
Council Member Bakken introduced the following resolution as to protests which was resented and read: Document No. - Resolution.
It was moved by Council Member Bakken and seconded by Council Member Kreun that we find and determine an insufficiency of protest against Street Improvement District No. 99, Project No. 6272, and further that the resolution be adopted. Carried 6 votes affirmative.
APPROVE APPLICATIONS FOR EXEMPTION OF
REMODELING IMPROVEMENTS TO RESIDENTIAL
BUILDINGS AT VARIOUS LOCATIONS
The staff report from the city assessor relating to applications for exemption of remodeling improvements to residential buildings, with recommendation to grant exemption of increased value for 3 years: 1215 4th Avenue North; 212 North 11th Street, 1015 Park Drive; 1019 22nd Avenue South, 2990 Columbine Court, 407 17th Avenue South, 2715 Chestnut Street, 2815 Shadow Road; 5034 4th avenue North; 306 North 50th Street; 808 15th Avenue South; 606 Plain Hills Drive, and 221 Circle Hills Drive.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.
APPROVE LEASE AGREEMENT WITH GREATER
GRAND FORKS CONVENTION & VISITORS BUREAU
The matter of lease agreement with Greater Grand Forks Convention and Visitors Bureau for the term July 1, 2009 through June 30, 2014, with terms of the agreement identical to prior lease, was presented to the city council.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that the agreement be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
APPROVE 2009 SIDEWALK WARRANTS
The staff report from the finance department relating to 2009 sidewalk warrants in the amount of $106,000, with recommendation to award 2009 sidewalk warrants to Wells Fargo.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that the recommendation be approved. Carried 6 votes affirmative.
APPROVE ALERUS CENTER TASK FORCE
Mayor Brown reported that over a dozen people volunteered to be a part of this effort to help move our community and the Alerus Center forward in a way that best serves the purpose of the Center and the overall interests of the community. He thanked those who volunteered to be on the task force, that his office has received the names and chose from the community representatives - objective was to find a broad mix of representation from our community that reflects various perspectives and would like to expand the list from 4 to 6 members to nearly match the number of council members; those selected and who would like to offer their seats on the task force members are Bill Hutchison, Laura Block, Duane Hafner, Dwight Thompson, Mike Emmons, and Julie Rygg; and co-chairs of President Gershman and Council Member Christensen. Members will be contacted with request to serve and first meeting is scheduled for this Thursday at 5:00 p.m.
Council Member Gershman stated that he requested a booklet be put together with the ordinances, by-laws, contracts, mission statement vision and minutes for the task force and that each member will have that information distributed to him.
It was moved by Council Member Glassheim and seconded by Council Member Bakken to confirm the names of the members of the task force. Carried 6 votes affirmative.
2011-2014 URBAN AND REGIONAL PROGRAM PROJECT
REQUESTS TO ND DEPARTMENT OF TRANSPORTATION
The staff report from the engineering department relating to 2011-2014 Urban and Regional Program Project Request to NDDOT, with recommendation to direct staff to submit Federal Aid Projects requests for construction years 2011 to 2014 to the Grand Forks-East Grand Forks Metropolitan Planning Organization (MPO) for preparation of the 2010 North Dakota State Transportation Improvement Program (STIP); and rank as in the Regional and Urban Road Summary years 2011 to 2014, Draft 11/18/09.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Carried 6 votes affirmative.
ACCEPT BID FOR PORTABLE CHEMICAL IDENTIFIER FOR FIRE DEPARTMENT
The staff report from the fire department relating to bid for portable chemical identifier, with recommendation to award bid to Smiths Detection for the sum of $68,000 to purchase Hazmat ID Ranger with Command System and Extended Library Package.
It was moved by Council Member Bakken and seconded by Council Member Glassheim that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative.
ALLOCATE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS
The staff report from the Urban Development director relating to Neighborhood Stabilization Program (NS), with recommendation from the Finance/Development Committee that 1) the City request an extended deadline from DCS for submission of applications; and 2) if that request is not granted, proceed with the applications as described below: Dakota Commercial & Development (45-unit market-rate rental housing at 2nd Ave.N. and N. 6th St. (Civic Auditorium parking lot); MetroPlains (40-unit LIHTC/affordable rental housing at 1st Ave.N. and N. 6th St. (Civic Auditorium site); or Prairie Harvest: 14-unit mixed use SRO/office project in 300 block S. 4th St. (parking lot opposite old Post Office).
Greg Hoover, director of Urban Development, reported that in early 2008 the federal government appropriated money for the Neighborhood Stabilization Program; primary intent of the program is to acquire and resell vacant foreclosed properties across the nation, that in ND our foreclosure rate was 1%, and that foreclosures that we are attempting to acquire, fix up and resell; secondary goal of the program was to redevelop areas in which these properties are located; and that 25% of the money that is distributed must benefit those people who are at or below 25% median income. In September of 2008 the State received $19.6 million which is the minimum appropriation for states and staff worked between then and February to identify a number of projects that might be eligible for funding - they received word from the State in March, 2009 that the City would receive approx. $4.6 million and of that $200,000 would be for administration, $1.2 million for the acquisition, rehab and resale of vacant foreclosed properties that the council has approved and by the end of this month we expect to fully obligate at least half of that amount, $600,000, for acquisition and for rehab. of those properties. The amount that is left is $3.2 million and is before you this evening and objective for staff is to get direction of how you would like them to allocate that money and go forward with an application to the State, the State is the administrator of the program and they will review the applications and make determination.
He stated they had approached council about some possibilities which are included in the staff report and provided a suggested allocation of funds that would be $500,000 for Dakota Commercial for the construction of 45 market rate apartments for a total project of approx $5.5 million and would take place on the civic auditorium parking lot. Another project was $645,000 for 40 apartments on the site of civic auditorium by MetroPlains and entire project would be $6.3 million; and another project, a little over $2 million that would go to Prairie Harvest, with total project cost of approx. $2.8 million for a mixed use project of 14 single room occupancy units for long term mentally ill and some office space for Prairie Harvest.
He reported that after talking with the State Administrator's Office at the direction of council regarding this program, were informed that there will be no extension of their deadline of December 31 of this year to submit an application; and secondly for the projects they approve and the council concurs, will have to have signed agreements, signed construction documents no later than February 28, 2010.
There was some discussion relative to the proposed projects, and also some consideration of commercial space and of particular interest is a grocery store (full service store). He stated they are looking for council direction on where they would like to go; that the developer has talked to 3 local grocers, 2 are major grocers, and have passing interest because they don't know that they can, based on their business model, make this work, and in discussions with Dakota Commercial they believe the only viable alternative might be Amazing Grains.
Kate Kenna, Director of Northeast Human Service Center, an agency that works very closely with many of the agencies in Grand Forks that provide services to people who are in need, and is here to advocate that you consider Prairie Harvest.
Debra Johnson, executive director of Prairie Harvest Mental Health located at 930 North 3rd Street, and here to provide information to clarify their request to build a facility for adults with serious mental illness, that there is needed housing for traditionally unserved misunderstood population and asking council to vote to approve staff's recommendation to include their project in the NSP application to the State and proposing the use of Prairie Harvest Mental Health offices on the main floor and 14 units of housing on the second and third; Prairie Harvest Mental Health staff of approx. 20 will be housed there including social workers, nurses, life skilled therapists, job developers, etc. and over 100 people are served on a daily basis.
Several individuals spoke re. commercial space for grocery store including Betsy Perkins, Amazing Grains, which is open to the public and urged council not to support subsidies for anything that would compete against a similar business a few blocks away. Dr.Dexter Perkins, speaking for himself generally stated that intent of money was not for building townhouses but for people who need housing; Caylon Larson, 407 S. 5th Street, David Whitcomb, 504 S. 4th Street, also objected to the subsidizing of commercial grocery in this development.
After further discussion Mr. Hoover stated that he stands behind information that was placed in his memo which is the $1.2 Million for the Dakota Commercial and based on what he heard the council say, would agree that all of the $1.2 million go into rental housing and the balance of $2.2 million would go to the SRO and that we would ask the State to make up that gap and if they couldn't, would try to find additional money.
Council Member Gershman moved that we approve Dakota Commercial mixed use housing project, 40 to 45 apartments with no commercial space, that if they wish to add commercial space for themselves, they can build that on their own and not be subsidized, and the remaining money which would be $2 million be allocated to Prairie Harvest to get their project scaled down to make it work. Council Member Glassheim seconded the motion.
Council Member Bakken stated that Mr. Gershman included in his motion a number of units, and that if they take out the commercial space may have to add units. Gershman stated appropriate units to use the money in the most efficient way - friendly amendment, which was accepted by Mr. Glassheim.
Debra Hanson stated that she would respectfully request that if there is more NSP money available on the State level, that go into the request on the application so that they can fully fund their project, however, that if they can't, then they will go to other sources, grant money, and that they have a current building which would be for sale and possibility that they could sell property to make up the difference.
Council Member Gershman stated that they not complicate motion with CDBG funds in the future
Mr. Glassheim stated that is the main application of $3.2 million and if there is some possibility that there was additional State NSP money and if so then shouldn't they not put something in there about the use of additional money should it arise. Mr. Hoover stated there may be but won't know until later but will keep council apprised of that.
Upon call for the question and upon voice vote, the motion carried 5 votes affirmative; Council Member Bjerke voted against the motion.
APPROVE SPECIAL EVENTS PROGRAM
The staff report from the director of urban development relating to 2010 Special Events Program, with recommendation to approve funding recommendations for 2010 Special Events Program (Document No.
Listing of Projects).
Council Member Gershman stated that there is a request for Grand Cities Children's Choir, which is performing arts and belongs in the arts program; and moved to approve the Special Events and eliminate $2,500 allocated to Grand Cities Children's Choir and to put those funds into contingencies carry-over funds. Council Member Bakken seconded the motion.
Council Member Glassheim moved to approve the Special Funding budget as presented; Arts money is to promote fine arts, Children's Choir doesn't arise at that schedule. The motion died for lack of a second.
Upon call for the question and upon voice vote, the motion carried 5 votes affirmative, Council Member Bjerke voted against the motion.
INFORMATIONAL ITEMS
A communication from Rick Duquette, Administrative Coordinator, relating to Land Use Plan update, stated that the Planning & Zoning Commission had approved the City doing an in-house update to our current Land Use Plan. City staff will prepare and draft the document with the assistance of the MPO, with schedule to begin update in 2010 and have it completed by early 2011.
The Portfolio/Management Summary for period ending November 30, 2009, was presented for council's information.
APPROVE BILL LISTING AND ESTIMATE SUMMARY
Vendor Payment Listing No. 09-23, dated December 2, 2009, totaling $1,492, 872.97, were presented and read.
It was moved by Council Member Bjerke and seconded by Council Member Bakken that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Bjerke, Glassheim, Gershman, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.
APPROVE MINUTES DECEMBER 15, 2008
Typewritten copies of the minutes of the city council held on Monday, November 16, 2009, were presented and read. It was moved by Council Member Bjerke and seconded by Council Member Kreun that the minutes be approved as read. Carried 6 votes affirmative.
ADJOURN
It was moved by Council Member Gershman and seconded by Council Member Bakken that we adjourn. Carried 6 votes affirmative.
Respectfully submitted,
Saroj Jerath
City Auditor
Approved:
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Michael R. Brown, Mayor