Council Minutes
17365
December 4, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 4, 2000
The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, December 4, 2000 at the hour of 7:30 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Kreun, Martinson - 12; absent: Council Members Glassheim, Bakken - 2.
President Gershman announced to the public that we have speaker cards in the back of the room and if they wish to speak under Citizens Requests and anyone wishing to speak on public hearings to complete a card and if anyone wishes to speak on any of the items after Citizens Requests may do so by being recognized prior to a vote being taken on the matter.
President Gershman announced that there is a special Public Transportation Committee meeting Tuesday, December 12 at 1:30 p.m. in Room A101 at City Hall.
FLOOD REPORT
Al Grasser, acting city engineer, reviewed several of the highlights listed in the report that was presented to the council members: that design and acquisition has been on-going for Phase I of levees and of the English Coulee Diversion, have completed three neighborhood meetings regarding input on the Phase I of the levees in the downtown Community Green, demolition of the Northern Pacific bridge has started after some delays; Pioneer Construction has restarted work on the Riverside Dam; Corps of Engineers is finalizing a pump supply contract for pump stations (will let 1 or 2 contracts so have uniform equipment and pumps on all the stations; Design and Preparation of plans and specifications for the English Coulee pumping station is also getting started (hiring a consultant to do that) and construction is planned for the summer of 2001. He stated that home and foundation demolitions are on-going as well as street and utility removals in Riverside Park area in preparation of Phase I. He stated there are three items on the agenda tonight that will be addressed: Community Green, acquisition of the Almonte Nursing Home, and the addition of stormwater compliance in the Lincoln area of Phase I levee constructions. He stated that under Greenway he has handed out another sheet which is a more complete explanation of the Greenway; and are continuing weekly coordination meetings, continue to look at the Riparian Restoration, snowmobile and ski trails and design details for the Corps recreation portion of the plan. He stated that the Park District is grooming the ski trails and Snowmobile Club is grooming the snowmobile trails. He also noted that they did receive a letter from the Greenway Coordinator, Lisa Dressler, who has submitted her resignation to pursue some other interests and employment opportunities, and thanked her for her hard work and dedication.
Council Member Christensen stated he had attended one of the meetings in Elmwood area, and there was some concern from residents re. one house that remains, and asked what the plan was for that house. Mr. Swanson, city attorney, stated that the property referred to, his office is waiting for the appraisal and if unable to make voluntary acquisition they would be asking authorization for eminent domain proceedings. Council Member Christensen asked when they would anticipate the appraisal so citizens would know when the house is to be removed. Mr. Swanson stated that the appraiser is behind schedule and that there are three appraisals they are waiting for and sent letter today asking if he would provide a firm date when appraisals would be in; and Council Member Christensen asked if copy of response could be forwarded to the Urban Development Committee. Mr. Swanson noted further that if that property is actually impacted by the proposed levee alignment we would have authority to initiate eminent domain as soon as we have the appraisal and have made an offer, but if not directly impacted by the alignment would come back to the committee for authorization.
Mr. Grasser reported that Mr. Grotte attended the meeting in Minneapolis with the Corps of Engineers to forward comments from the City to the Corps on the Phase I of the levees; that the staff will be writing back to those who attended the neighborhood meetings to let them know some of the comments that we had and disposition we’ve got. In regards to opening in the alignment had several letters that requested that the opening be removed because of some concerns that there might be some relatively large scale development go on in there as far as recreational opportunities; that they received several comments contrary to that, that wanted the opening to remain. He stated that the discussions they had with the Mayor is that in order to address those concerns are planning to eliminate the bicycle racks and BBQ areas and amenities from that area and keep it strictly an opening and opening will have a barrier in it to prevent vehicular access, and could possibly put some sort of a gate on there to make sure that the access is restricted, but for the need for emergency vehicles and maintenance vehicles, etc. think the opening should remain. Council Member Christensen expressed concerns of citizens who live in the East Elmwood area questioning why that opening is 3/10ths of a mile from another opening - Elks Drive and next opening would be 3/4ths of a mile - in the Sunbeam area, and asked why have two openings within 3/10ths of a mile which is approx. 3 blocks when most of the park area should be focused in the Elks Drive area which would be contiguous with the golf course.
President Gershman thanked Lisa Dressler for the work she did and the very good education on the greenway and wished her good luck.
President Gershman reported that Mayor Brown and Richard Warne, administrative coordinator, are using the telephone system as they are out of town. .
EMPLOYEE RECOGNITION
Kevin Dean, Public Information Center, publicly thanked Barbara Knipe who has been an employee in the Public Information Center for the past two years for her service and dedication to the Public Information Center and to the City of Grand Forks.
CITIZENS REQUESTS
The city auditor stated that this is an area on the agenda under which any person wishing to bring an item not on the agenda to the attention of the city council; and asked that they fill out a speaker card in advance and give it to the Public Information staff person who in turn will give that card to the president of the council (or mayor) who will call upon each person desiring to speak and asked that comments be limited to two minutes unless additional time is allocated by the governing body. No action will be taken by the city council this evening and all items will be referred to staff for follow-up and a report.
Clint Rodningen, Jr., 2102 8th Avenue North, stated that his use of the Grand Forks International Airport and his enjoyment of general aviation at the airport is in jeopardy if the Nodak Flying Club ceases to exist and his membership becomes worthless. He stated that last Saturday night TV news stated that the FBO and the Grand Forks Airport provide essential general aviation services such as pumping fuel, aircraft charters, aircraft rentals, flight training, etc. but the Nodak Flying Club was also providing the same services for free; that Nodak Flying Club does not even provide these services, much less provide them for free. He stated that the usage of their Club airplanes (have two) have been averaging about 5 hours a month for several months compared to that many hours for the FBO in less than a day at the airport. He stated that the City does have something to say about what is happening because the Airport does refer to your city ordinances as they pertain to commercial activities. He stated that their Club house that they used to occupy was condemned by the City of Grand Forks as being unsafe and were forced to leave those premises and 3 of the 5 Authority Board members are appointed by the City but most important reason to him is that he has been paying his share of taxes to the city continuously for the past 35 years and this is the same number of years that the Nodak Flying Club has been on the Grand Forks Airport, and that his tax money has been going to support the same airport that he wants to be able to continue to use. He stated he has been a member and been flying out of Grand Forks for about 20 years; that the Nodak Flying Club is a non-profit community spirited organization and could use the council’s help.
Mr. Rodningen stated that the FBO at the airport is stating that the Nodak Flying Club is competing with them and that they have paid millions of dollars to build that building out there and claim that Nodak Flying Club is doing the same services they are, etc. He stated they tried to bring a charge against the Club for committing commercial activities out there and the charge was thrown out of court; and now they are starting a writ of mandamus which tells the Airport that they are to enforce the rules out there; and that this has been going on for three years out there; and now is going to the FAA and that the Authority Board is going to have to resolve this issue; and not sure how resolved as they are not commercial.
Council Member Klave stated this goes back to a discussion about 6 to 8 weeks ago with the Airport Authority to make up the structure of it, that they wanted a council person on that Board was because of instances like this, have dollars going out there but no representation to bring back to the council. He stated he didn’t know where they’ve progressed with trying to convince Grand Forks County that this is a serious issue that needs to be addressed and they need to look at their by-law structure; that the City tried to have representation on there but the County would not agree to do it, so neither have representation, and are trying to get that resolved.
Council Member Burke stated that he is an employee of the Grand Forks Airport Authority, and that the case was dropped last week after there was a meeting of all the parties involved with the idea that it will go and be negotiated before the FAA and the Airport District Office in Bismarck, and will come to some conclusion that would be less uncertain for al the parties than if it went to trial; and all the parties agreed to that and they expect there will be some resolution in this phase of it in the next 3 to 4 months. He stated that the fact of the matter is that the FBO (GFK Flight Support) brought the action to force the Airport Authority to enforce its own rules called minimum standards in this case and at issue is the nature of how the Flying Club comes to have the airplanes available, the nature of their lease, etc. and also the fact that those airplanes may be used for a commercial activity whether or not the Flying Club sanctions that, that someone with the rights to rent a Flying Club airplane may conduct flight training in them, and if that happens that would be in violation of the Airport Authority’s minimum standards which would require that people conducting business at the airport be registered with the Airport and pay a commission to the Airport for the activities that are conducted from the airport, and that’s why the FBO feels that they are at a disadvantage with regard to the alleged activities of the Flying Club; and that’s what needs to be resolved with regard to the Airport’s own rules and how the FAA which has guidelines for the conduct of flying clubs and their scope of activities; and what needs to be done is to let this play out through this next phase and get a ruling or recommendation from the FAA. The Flying Club has not been kicked off the airport, their building is no longer available because it was condemned but the Flying Club still has the right to conduct their activities at the airport in the meantime.
HOLD PUBLIC HEARING ON FARE STRUCTURE FOR
SENIOR CITIZENS BUS SERVICE
The city auditor reported that a public hearing had been scheduled for this evening to solicit public comment regarding fare structure for Senior Citizens Bus Service starting January 1, 2001, as approved by the city council on November 6, 2000.
President Gershman called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments and the public hearing was closed.
The Bus Committee recommended to approve the suggested fare structure as presented at the November 6, 2000 city council meeting, which is $1.25 per single ticket and $10.00 per strip of ten tickets) for the senior citizens transportation service effective January 1, 2001.
It was moved by Council Member Hamerlik and seconded by Council Member Stevens that this recommendation be and is hereby approved. Carried 11 votes affirmative; Council Member Bjerke voted against the motion.
CONTINUE SECOND READING OF AN ORDINANCE
AMENDING ARTICLE 2 OF CHAPTER XIV RELATING
TO CENTRAL BUSINESS DISTRICT PARKING TO
DECEMBER 18, 2000
An ordinance entitled “An ordinance amending Article 2 of chapter XIV of the Grand Forks City Code relating to Central Business District parking”, which had been introduced and passed on its first reading on November 20, 2000, was presented and read for consideration on second reading.
President Gershman asked if there was anyone present who had comments to make on this matter.
Council Member Christensen stated he had opportunity to review ordinance more in depth and several things missing from the ordinance: copy of Exhibit A (parking operation and maintenance district), and asked that they delay implementation of the ordinance for two weeks to allow staff to give their summary of potential revenue needed to defray the costs. It was moved by Council Member Christensen and seconded by Council Member Martinson to continue public hearing and second reading of the ordinance until the December 18, 2000 council meeting. Carried 12 votes affirmative.
HOLD PUBLIC HEARING AND APPROVE 2001
CDBG ENTITLEMENT FUNDING
The city auditor presented the matter of the public hearing on the 2001 Community Development Block Grant entitlement funds non-profit applications, and allocation of funding.
President Gershman opened the public hearing for comments.
Nancy McDonald, 2207 South 20th Street, executive director from Development Homes, stated they had made a request for $50,000 and that their request was put at the bottom of the priority list and asked for reconsideration. She stated at a prior meeting that comments were made relative to the Davis-Bacon requirement, that because they do receive federal and state dollars to operate Development Homes and if they would receive federal/state community dollars under CDBG money, they would be required to meet all of the Davis Bacon requirements, and that they would be willing to take those dollars and apply it to a portion of their project not associated with the building of the project (items for audio-visual equipment, up-grading of computers, etc.).
President Gershman closed the public hearing.
Committee No. 4, Urban Development, reported having considered the matter of public hearing for 2001 CDBG funding process, and recommended approval of the following bricks and mortar projects from 2001 Community Development Block Grant Funds: Shelter for the Homeless Phase I Construction and Renovation (LMI), $85,000 ($55,000 for rehab and $30,000 for study/CIP), Third Street Clinic ADA Accessible Ramp (LMI), $5,000; Red River Valley Community Action Home Rehab Program (LMI), $190,000; St. Vincent de Paul roof replacement (LMI), $40,000; City of Grand Forks Urban Development Property Management/Disposition Program (S/B), $95,000; City of Grand Forks Urban Development Historical Mitigation (S/B), $100,000; Continental Homes, Inc., Neighborhood Networks Center (LMI), $117,000; Prairie Harvest Human Services Foundation Land/Building Improvements (LMI), $17,000 and Community Violence Intervention Center roof/door replacement (LMI), $21,000 for a total of $670,000. In rank order as funds become available are: City of Grand Forks Urban Development Affordable Housing (LMI), $100,000; LISTEN, Inc. landscaping (LMI), $23,000; RRV Habitat for Humanity four homes for low income families (LMI), $25,000; Café Kosmos basement remodeling (LMI), $39,600; GGF Community Firehall Theatre roofing project (S/B), $28,683; North Valley Arts Council Empire arts Center exterior rehab (S/B), $99,564; Chester Fritz Auditorium ADA upgrades (LMI), $10,845; and Development Homes Corporate Campus (LMI), $50,000.
It was moved by Council Member Burke and seconded by Council Member Lunak that this recommendation be and is hereby approved.
Council Member Bjerke questioned difference in the amount of money given to United Way, and asked what would be spent in administrative costs ($670,000 in Bricks and Mortar and $125,000 to United Way. Terry Hanson, Urban Development, stated that the entire estimated budget for the year 2001 CDBG is $1,100,000 and of that $220,000 allocated towards administration, $125,000 allocated towards Public Service project which is going through United Way Organization and the balance of that budget would go towards Bricks and Mortar projects. Council Member Bjerke stated that he didn’t believe it was the role of government to be giving money to non-profit groups, this money was taxed at the federal level, that Federal Housing and Urban Development take a portion of it to administer and we take a portion to administer, and not a proper use of tax money.
Upon call for the question and upon roll call the following voted “aye”: Council Members Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Kreun, Brooks - 9; voting “nay”: Council Members Bjerke, Stevens, Martinson - 3. President Gershman declared the motion carried.
REFER MATTER OF RESIDENTIAL LOTS, SALES
PROCEDURE BACK TO COMMITTEE
The matter of the item relating to residential lots, sales procedure, which had been considered by the Urban Development Committee was pulled for consideration. Council Member Christensen stated there were some issues that need to be resolved before they pass this procedure and asked that this matter go back to the Urban Development Committee for further consideration. Council Member Burke agreed to send the matter back to committee.
AUTHORIZE HIRING CONSULTANT FOR DESIGNING
STORM WATER RUNOFF CONTROL FOR URBAN AREAS
AND DESIGN IN PHASE I OF GREENWAY (LINCOLN DRIVE)
Committee No. 3, Public Service, reported having considered the matter of inclusion of storm water control measure into Greenway/Dike project, and recommended to hire a consultant with experience in designing storm water runoff control for urban areas and include design in Phase I of Greenway - Lincoln Drive.
It was moved by Council Member Stevens and seconded by Council Member Glassheim that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE TEMPORARY PARKING ZONE IN FRONT
OF WIDMAN’S UNTIL JANUARY 1, 2001
Committee No. 2, Public Safety, reported having considered the matter of parking request from the Ryan House and Widman’s Candy, and recommended approval of a temporary 15-minute parking zone in front of Widman’s from Thanksgiving to January 1 of 2001 (and to place a loading/unloading zone on 1st Avenue North by the Ryan House at a place to be designed by the traffic engineer and Urban Development.
It was moved by Council Member Babinchak and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APPROVE BUDGET AMENDMENT FOR PUBLIC
TRANSPORTATION
The Bus Committee reported having considered the request to become a Medicaid Program provider and budget amendment in the amount of $40,000, and recommended approval of the request.
It was moved by Council Member Hamerlik and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 12 votes affirmative.
APROVE CHANGE ORDER FOR RESIDENTIAL HOUSE
DEMOLITION
The Urban Development Committee reported having considered the matter of residential house demolition, Bid Package 315, change order request, and recommended to approve the change order to Gowan Construction, Inc. contract entitled Residential House Demolition, Bid Package #15 in the amount of $48,300.
It was moved by Council Member Burke and seconded by Council Member Christensen that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members
Brooks, Bjerke, Stevens, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Kreun, Martinson - 12; voting “nay”: none. President Gershman declared the motion carried.
ACCEPT BID FOR 2000 SIDEWALK WARRANTS
Committee No. 1, Finance, reported having considered the matter of bids for 2000 sidewalk warrants for financing of sidewalk improvements, and recommended approval of the bid from Wells Fargo Brokerage Services, LLC/Public Finance Division at the interest rate of 6.34%.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members
Brooks, Bjerke, Stevens, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Kreun, Martinson - 12; voting “nay”: none. President Gershman declared the motion carried.
APPROVE JOB DESCRIPTIONS AND SALARY RANGE
SUBJECT TO NEGOTIATIONS FOR CONTRACTED
POSITIONS FOR CITY ENGINEER AND PUBLIC WORKS
DIRECTOR
Committee No. 1, Finance, reported having considered the matter of job descriptions for the positions of city engineer and public works director, and recommended approval of the descriptions and salary range subject to negotiations for contracted positions of city engineer and public works director: subject to the following items: addition of one line to the job description for the public works director, ie., under Qualifications, “Ability to: identify and respond to community and city council issues, concerns and needs” the following: “identify and respond to community, business, economic development, and city council issues, concerns and needs” for both positions ; and the addition to the city engineer position, ie., “a knowledge of basin-wide water retention and the willingness to study water retention management”; the general pay range for both positions at $54,000 - $73,000 annually subject to negotiation, and budget amendment to reallocate the funding for the assistant director of public works to the director of public works, thus eliminating the vacant position of assistant director of public works.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Kreun, Martinson - 12; voting “nay”: none. President Gershman declared the motion carried.
APPROVE BUDGET AMENDMENTS
Committee No. 2, Public Safety, reported having considered the following budget amendments:
Communicable Disease - $3,907.00 to reflect additional revenue in Immunization Initiative Grant for Disease Control employee
Communicable Disease - $2,000.00 to reflect unanticipated revenue from the ND Department of Health
for Ryan White Services.
Communicable Disease - $8,000.00 to reflect unanticipated revenue from Tri-Valley Opportunity Council (Child Care Resource and Referral Program.
Communicable Disease - $1,826.00 to reflect unanticipated revenue from Altru Health Foundation for Home Safety Home kits.
Wellness (Health Department) - $250.00 to reflect unanticipated revenue.
and recommended approval of the budget amendments.
It was moved by Council Member Babinchak and seconded by Council Member Martinson that these budget amendments be and are hereby approved. Carried 12 votes affirmative.
APPROVE GRANT AGREEMENT FOR DAKOTA MEDICAL
FOUNDATION
Committee No. 2, Public Safety, reported having considered the grant agreement for Dakota Medical Foundation grant to Grand Forks Public Health Department for an expanded school nursing program in the amount of $24,700 for period January through June 2001, and recommended to approve the grant agreement.
It was moved by Council Member Babinchak and seconded by Council Member Martinson that this recommendation be and is hereby approved.
Council Member Bjerke questioned if this should be part of the school system. Wally Helland, Health Department, reported that until the middle of 2000 their department had several nurses working on a grant as a result of the flood and those nursing positions were lost and the Department applied for a grant in an attempt to replace them in the schools, that the schools have several nurses of their own and we were able to supplement them with the grant that we received; and this grant will enable the Health Department to staff additional nursing at the schools for 6 months; that any match is already included in the existing 2001 budget. Council Member Bjerke questioned whether it was appropriate for the City to be paying for this program in the school system. It was noted that the City is not expending specific dollars for nurses salaries, which will come out of the grant.
Upon roll call the following voted “aye”: Council Members Brooks, Stevens, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Kreun, Martinson - 11; voting “nay”: Council Member Bjerke. President Gershman declared the motion carried.
AUTHORIZE PURCHASE OF USED VEHICLE FOR
ALERUS CENTER
The Events Center Core Committee reported having considered the matter of purchase of a vehicle (pickup with a plow), and recommended to authorize Jeff Kossow of Compass Facility Management to buy a pickup with or without a plow at a cost not to exceed $18,000 and that he take the proposed contract to Council Member Hamerlik for approval.
It was moved by Council Member Hamerlik and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members
Brooks, Bjerke, Stevens, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Kreun, Martinson - 12; voting “nay”: none. President Gershman declared the motion carried.
AWARD BIDS FOR EXTERIOR SIGNAGE AT ALERUS
CENTER
The Events Center Core Committee reported having considered the matter of consideration of bids for exterior signage at the Alerus Center, and recommended award of the contract for the exterior signage at the Alerus Center to the low bidder, Bacon Signs, for $31,780.00.
It was moved by Council Member Klave and seconded by Council Member Christensen that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Gershman, Lunak, Christensen, Klave, Babinchak, Kreun, Martinson - 12; voting “nay”: none. President Gershman declared the motion carried.
APPROVE BUDGET AMENDMENT FOR FUNDING FOR
MATCH FOR CRIME PREVENTION GRANT
Committee No. 1, Finance, reported having considered the matter of funding for match funds for Crime Prevention Grant, and recommended approval to amend the police department budget using $1,858.00 in federal funds and $722 in police department cash carryover.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 12 votes affirmative.
SUSPEND COUNCIL STANDING COMMITTEE MEETINGS
BETWEEN DECEMBER 19 AND THE NEW YEAR
The city auditor presented the matter of council standing committee meetings between December 19 and the New Year. It was moved by Council Member Hamerlik and seconded by Council Member Brooks to suspend city council standing committee meetings between December 19 and the New Year. Carried 12 votes affirmative.
ADOPT RESOLUTION TO ESTABLISH A SPECIAL
EMPLOYMENT REGISTER FOR THE EMPLOYMENT
OF EXISTING SENIOR CITIZEN BUS DRIVERS
UPON PROVISION OF SUCH SERVICE BY THE CITY
Committee No. 1, Finance, reported having considered the resolution requesting the Civil Service Commission to establish a register for drivers for Senior Citizen Bus Service, and recommended to approve the resolution requesting the Civil Service Commission establish a register for drivers for the Senior Citizen Bus Service.
It was moved by Council Member Hamerlik and seconded by Council Member Martinson that this recommendation be and is hereby approved and the resolution adopted.
Council Member Babinchak stated that the City has a hiring process, either through civil service or a contract, and if we are going to deviate we are making an exception to the civil service by allowing this type of procedure, that if the individuals from the Senior citizens Center are qualified they will rise to the top and be the ones to be hired.
Council Member Brooks questioned why we would be giving priority to individuals outside of our city structure when we should be supporting our staff; and asked if we have to do a reduction in staff or terminate some employees, and if we have a policy to give those employees priority for other openings that come up within that organization. Dan Gordon, Human Resources, stated we are talking about two different things; first is an order of lay-off which is very clear and have process that has to be used, and on the other hand it is the priorities of hiring people for either new jobs or promotions and is clearly within the authority of the Civil Service Commission. He stated that what the Civil Service has traditionally done is offer internal candidates the opportunity for those open positions first and if no qualified candidates would externally recruit for that and that is the current direction our Civil Service Commission is making. Mr. Gordon stated that in talking with the Civil Service Commission members they were in favor of this as acquiring a new division of public transportation and out of fairness should be integrated into our civil service system. He stated this item would be referring to the Civil Service Commission their ability to establish a register, and a resolution would be a one-time register that would allow them into our system.
Council Member Hamerlik stated he had some concerns - that on November 6 the council passed a policy which included taking over the bus drivers and putting them on the city payroll; that was the time to voice objections. He stated that as we look at the two positions we see a unique position, however, none of the civic auditorium employees have applied for any of the jobs and we gave notice some 4 to 6 months ago in the city and we need to take care of them, that we have a committee that has already been appointed made up of Mr. Gordon, Mr. Warne and others that are supposed to work through that process to establish some system so that those people in the civic auditorium get a fair shake or get employed (that fair shake is his statement because he wasn’t sure we said make sure they are employed). He said we are going through the process of trying to take care of those people which we need to do including applying at the Alerus, applying through civil service, and thinks this matter was taken care of on November 6 and to go back on our word negates our whole contract or verbal conditions that we had during those several months of trying to work out where we were going with the bus system.
Council Member Brooks stated that we need to deal with employees who are going to be losing their jobs at the civic auditorium, these employees have to be told what we are going to do and work them through this, the Senior Citizens Center came to us with this problem and we took it over and that our employees are first with us; that they haven’t applied for jobs because we haven’t told them they are going to lose their jobs on such a date and we are going to work with you and keep you on as employees. He stated that giving priorities to employees of a transportation system we’re taking over is not the way to handle this.
Council Member Babinchak stated that on the staff report under background, it stated that “..It also contemplated hiring the drivers currently employed by the Senior Citizen Center…” and doesn’t believe that’s a direct promise that will hire them.
Richard Warne, administrative coordinator, (on telephone system) stated that the staff recommendation and the one that he understands the council accepted in their vote included the assumption of the responsibility for the Senior buses as well as the drivers, that he doesn’t think it’s fair to fire the current Senior Citizens bus drivers that have been doing a good job for the Senior Citizens Center when we are assuming the responsibility for that service; that the right and ethical thing to do is move those drivers into our civil service system and then at such time as those drivers either quit or retire, then go through the normal procedures. He stated that when they had their discussions with the Senior Citizens Center, part of the arrangement that they discussed it was his understanding that council accepted the recommendation was that those drivers would become city employees.
Roger Foster, public transportation, stated that on November 6 the council agreed on, that what they said on Option 1 was to use current Senior Citizen vehicles and drivers or hire the same and that’s what he thinks the council agreed to and approved on that date and that’s what they promised the Senior Citizens Center.
Council Member Christensen stated that we are creating classified positions which affords the bus drivers pension and other benefits. Mr. Gordon stated that if this motion goes through, they will become civil service employees and be applied in all of our regular benefits, which includes pension after one year and our particular pay salary as well. He stated that hiring temporary full-time or temporary part-time employees are not eligible for our pension, however, they are eligible for health insurance and regular vacation or sick leave upon accruing 1040 hours, and that’s per ordinance.
Mr. Foster stated that he was under the assumption when they first started this, that they were going to be part-time employees and non-benefited. Council Member Christensen stated that what he thought would be appropriate with these employees is that they be absorbed into the system with same benefits that they receive from whence they came, and as leave then develop a classification for these employees but there seems to be a little bit of misunderstanding as to what we agreed to on November 6, and if not sure, rather than pass it tonight, make sure we know what we’re voting on before we pass it.
Council Member Stevens stated he was in favor of keeping the current drivers, because they have a rapport with the senior citizens and senior citizens know them and are able to relate to them, and that’s important for older people.
Mr. Warne (telephone system) stated that the Senior Citizens Center has one full-time employee and also operates a second bus that has two part-time employees and when we presented our recommendation and did our cost analysis we contemplated one full-time and two part-time employees. It was his understanding that when the council voted to accept the recommendation that they did agree to assume responsibility for the drivers and the buses, and thought this would be more of a house-keeping matter and be put on a civil service register and become employees.
After further discussion Council Member Hamerlik and Burke called for the question. Carried 12 votes affirmative.
Upon roll call the following voted “aye”: Council Members Hamerlik, Burke, Gershman, Lunak, Martinson - 5; voting “nay”: Council Members Stevens, Christensen, Klave, Babinchak, Kreun, Brooks, Bjerke - 7. President Gershman stated that the motion was defeated.
Council Member Stevens stated that he voted wrong on the motion, that he wanted to vote in favor of the resolution.
Mr. Swanson stated that Council Member Stevens can correct his vote, and the vote is 6 to 6.
Council Member Brooks asked whether the ordinance allowing council members to vote by telephone, if that also included the mayor. Mr. Swanson stated he was not able to give them a ruling, that ordinance was adopted at the last meeting and has not been incorporated into the Code and that he does not have a copy of the ordinance. Mr. Swanson stated that until the vote is actually declared, he can alter his vote.
Mr. Swanson stated that the mayor can participate in vote by telephone, the amendment to Section 2-0301, subsection 28, of the Grand Forks City Code refers to every member of the council, by virtue of NDCC Section 40-0801 the council is comprised of the mayor and all council members; and it is his opinion that the mayor may participate and may cast his vote.
RECESS FOR 5 MINUTES
President Gershman called for a 5-minute recess of the council.
President Gershman reconvened the meeting at 8:55 p.m. with all members present.
Mr. Swanson stated that a member of the city council has the right to change their vote up to the point in time where the vote is finally announced; and if the vote is finally announced that council member may only change with permission of the assembly and that has to be a unanimous permission; if not unanimous permission, it may be changed by motion of the body and duly seconded and passed to grant permission to allow the vote to be changed. He stated that if Council Member Stevens believes he has cast an incorrect vote, he can change that vote either by unanimous consent of this body or without unanimous consent, a motion made allowing him to change his vote, passed by a majority of the voting members of the council. He stated that if Council Member Stevens wishes to change his vote at this time and if no objection from the council, the chair will indicate that that vote shall be changed to the appropriate indication Council Member Stevens wished. He stated that if there is a single objection, then must proceed by motion, and the motion would be to authorize the member to change the vote cast and would have to be duly seconded and voted on and passed by a majority of those present.
Council Member Brooks moved to allow Council Member Stevens to change his vote; Council Member Martinson seconded the motion. Upon voice vote the motion carried.
Council Member Stevens voted on the motion - to vote yes, which makes a 6 to 6 tie. Mayor Brown (telephone) voted in favor of the motion. President Gershman declared the motion carried and the resolution adopted.
APPROVE CONCEPT AND IMPLEMENTATION OF
COMMUNITY GREEN, AND AUTHORIZE CALL FOR BIDS
The Committee of the Whole reported having considered the matter of the Community Green, and recommended to approve the concept and implementation and advertisement for bids of the Community Green to include flagpoles and low maintenance considerations.
It was moved by Council Member Kreun and seconded by Council Member Martinson that this recommendation be and is hereby approved.