Council Minutes
17063
June 27, 2000
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
June 27, 2000
The city council of the city of Grand Forks, North Dakota met in its organizational session in the council chambers in City Hall on Tuesday, June 27, 2000 at the hour of 7:30 o’clock in the evening.
ADMINISTER OATHS OF OFFICE TO COUNCIL
MEMBERS
Municipal Judge Henry Eslinger administered oaths of office to Michael R. Brown as mayor of the city of Grand Forks for a four-year term expiring in June 2004.
Municipal Judge Henry Eslinger administered oaths of office to newly elected members of the city council for two year terms expiring in June, 2002: Terry Bjerke, first ward; John W. Hoff, second ward; Tim Burke, third ward; Harold Gershman, fourth ward; Douglas A. Christensen, fifth ward; Arthur O. Bakken, sixth ward; and Curtiss Kreun, seventh ward; .
Present at roll call were Council Members Brooks, Bjerke, Hoff, Hamerlik, Burke, Glassheim, Gershman, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun, Martinson - 14. There were comments by the mayor and several members of the council.
Mayor Brown announced that the city council would now proceed to organize.
The city attorney reported that under the provisions of the City Code the first office to be elected is the position of president of the city council, that you are not required to act upon that this evening, and you are required to nominate and elect a president and vice president prior to August 1; that it is open, recorded voting and if you wish to have specific rules adopted prior to election that would be within their discretion.
Council Member Burke moved that the election of the officers and the committee chairs require a majority vote of the council. Council Member Martinson seconded the motion. Carried 14 votes affirmative.
Council Member Hamerlik asked that the city attorney read the paragraph relative to process and duties of the president of the city council. Mr. Swanson stated that Code Section 2-0103 states “On or before August 1 in each even numbered year the city council shall proceed to elect from its own members a president and vice president who shall hold their respective offices for the term of two years and until their successors are elected and qualified. It shall be the duty of the president in the absence or temporary disability of the mayor to act as presiding officer of the council and the president shall during the absence of the mayor from the city or the mayor’s temporary disability be acting mayor and possess all powers of the mayor. In the absence or disability of the mayor and president of the council, the vice president shall perform the duties of mayor and president of the council provided that all warrants and treasury signed by the president or vice president shall be signed in the official capacity as acting mayor.”
ELECT PRESIDENT OF THE CITY COUNCIL
Council Member Bakken nominated Council Member Gershman for president of the council. Council Member Babinchak nominated Council Member Glassheim for president. Council Member Hamerlik nominated Council Member Brooks for president. There were no further nominations and Mayor Brown closed nominations for president of the council.
Council Member Hamerlik moved that we vote by ballot, signed and opened to the press thereafter. Mr. Swanson reported they may vote by written signed ballot, however, they would have to be read into the record upon collection. Motion failed for lack of a second.
Council Member Babinchak suggested they have a roll call vote.
Council Member Christensen moved in order to get a majority vote, the top two run-off for president; the motion was seconded by Council Member Lunak. Upon voice vote the motion carried.
Upon roll call the following voted for Council Member Gershman: Council Members Brooks, Bjerke, Hoff, Gershman, Lunak, Christensen, Klave, Bakken, Kreun, Martinson - 10; voting for Council Member Glassheim: Council Members Glassheim, Babinchak - 2; voting for Council Member Brooks: Hamerlik, Burke - 2. Mayor Brown announced that Council Member Gershman was elected as president of the city council.
ELECT VICE PRESIDENT OF THE CITY COUNCIL
Council Member Lunak nominated Council Member Martinson for vice president of the city council. Council Member Hamerlik nominated Council Member Glassheim. There being no further nomination, Mayor Brown declared nominations closed, and asked for a roll call vote.
Upon roll call the following voted for Council Member Martinson: Council Members Bjerke, Hoff, Burke, Gershman, Lunak, Christensen, Klave, Bakken, Kreun, Martinson, Brooks - 11; voting for Council Member Glassheim: Council Members Hamerlik, Glassheim, Babinchak - 3. Mayor Brown announced that Council Member Martinson was elected as vice president of the city council.
ELECT CHAIRS OF STANDING COMMITTEES
Mr. Swanson advised council that under Section 2-0201 of the City Code there are four standing committees by ordinance: finance, public safety, public service, and urban development; and under provisions of the Code, the council is to elect a chair for each one of those standing committees on or before August 1, each committee is handled individually.
Nominations for the chair of the finance committee were called. Council Member Lunak nominated Council Member Brooks as chair. Council Member Bakken nominated Council Member Babinchak as chairman. There being no further nominations, Mayor Brown declared nominations closed. Upon roll call the following voted for Council Member Brooks: Council Members Hoff, Burke, Gershman, Lunak, Christensen, Kreun, Martinson, Brooks, Bjerke - 9; and the following voted for Council Member Babinchak: Council Members Hamerlik, Glassheim, Klave, Babinchak, Bakken - 5. Mayor Brown announced that Council Member Brooks was elected as chair of the finance committee.
Nominations for the chair of the public safety committee were called. Council Member Kreun nominated Council Member Bakken as chair; there were no further nominations. Council Member Martinson moved that a unanimous ballot be cast for Council Member Bakken; Council Member Kreun seconded the motion. Carried 14 votes affirmative.
Nominations for the chair of the public service committee were called. Council Member Babinchak nominated Council Member Klave as chair of the committee. Council Member Lunak nominated Council Member Kreun as chair. There being no further nominations, Mayor Brown declared nominations closed. Upon roll call the following voted for Council Member Klave: Council Members Glassheim, Klave, Babinchak, Bakken, Hamerlik - 5; and the following voted for Council Member Kreun: Council Members Burke, Gershman, Lunak, Christensen, Kreun, Martinson, Brooks, Bjerke, Hoff - 9. Mayor Brown announced that Council Member Kreun was elected as chair of the committee.
Nominations for the chair of the urban development committee were called. Council Member Martinson nominated Council Member Christensen as chair. Council Member Babinchak nominated Council Member Glassheim. There being no further nominations, Mayor Brown declared nominations closed. Upon roll call the following voted for Council Member Glassheim: Glassheim, Babinchak - 2; and the following voted for Council Member Christensen: Council Members Gershman, Lunak, Christensen, Klave, Bakken, Kreun, Martinson, Brooks, Bjerke, Hoff, Hamerlik, Burke - 12. Mayor Brown announced that Council Member Christensen was elected as chair of the committee.
APPROVE APPOINTMENT OF CITY ATTORNEY
Mayor Brown announced the appointment of Howard D. Swanson as city attorney for an interim appointment for three months. It was moved by Council Member Christensen and seconded by Council Member Babinchak that we confirm the appointment of Mr. Swanson. Carried 14 votes affirmative.
Mr. Swanson stated that in addition to the interim appointment he requested under the provisions of City Code which allow him to nominate assistants and deputies: John Warcup and Al Warcup be named as deputy and assistant city attorney for the same interim period respectively, and that Gary Euren be named as city prosecutor, and Kristen Pettit and Dwight Kalish be named as assistant city prosecutors for the same interim term. It was moved by Council Member Babinchak and seconded by Council Member Christensen to approve the appointments. Carried 14 votes affirmative.
DECLARE JULY 3, 2000 AS LEGAL HOLIDAY FOR CITY
COUNCIL
Mr. Swanson reported that both the NDCC and the Grand Forks City Code provide for meetings to occur on the first and third Monday of each month unless one of those days is an official holiday, insofar as July 3 is not an official holiday, it would be your normally scheduled meeting; that if they do not have a quorum that a follow up meeting could be called either by the mayor or upon the request of any two council members. He stated that if you know in advance that there would not be quorum it may be of some benefit to you although the meeting may be called, you couldn’t conduct any business.
Council Member Christensen stated that the Code states “..that when any regular meeting day shall come on a legal holiday, then such meeting shall be held on the first business day following..” and asked Mr. Swanson if they could declare July 3, 2000 a “legal holiday” for this purpose only and then not have a meeting until the next meeting day. Mr. Swanson stated that the Code is not as clear as one would like to have in that instance, however, their position in their office has been that the council can determine its procedural rules, and if that is voted it would be treated as a special meeting rather than continuation of regular meeting and believes that would be in order. Council Member Christensen then moved that we declare July 3, 2000 a special legal holiday for this purpose only. Council Member Burke seconded the motion.
Council Member Hoff objected to the motion of setting a special holiday, that this was a bad precedent.
After some discussion and upon a show of hands as to attendance of a meeting on July 3 (where there would not be quorum) and upon call for the question and upon voice vote, the motion carried.
ADJOURN
It was moved by Council Member Lunak and seconded by Council Member Brooks that we do now adjourn. Carried 14 votes affirmative.
Respectfully submitted,
John M. Schmisek
City Auditor
Approved:
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Michael R. Brown, Mayor