Council Minutes
17655
July 16, 2001
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 16, 2001
The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, July 16, 2001 at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; absent: Council Member Lunak - 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.
POSTONE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND COMPREHENSIVE PLAN
PERTAINING TO THE 2001 TRANSIT ELEMENT
An ordinance entitled “An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0801, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update, 1999 Bikeway and Pedestrian Elements; 2001 Transit Element, and 2000 Street and Highway Element”, which had been introduced and passed on its first reading on May 7, 2001 and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading
Dennis Potter, city planner, stated that the Planning Office in conjunction with the Public Transportation
System asked that the public hearing be extended to August 6, 2001.
It was moved by Council Member Gershman and seconded by Council Member Hamerlik to continue the postponement of the public hearing to August 6, 2001. Carried 13 votes affirmative.
ADOPT ORDINANCE NO. 3895, AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN
AS DEDICATED ON THE PLAT OF SHADY RIDGE SIXTH
ADDITION
An ordinance entitled “An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota to include the public rights of way shown as dedicated on the plat of Shady Ridge Sixth Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on June 18, 2001, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.
The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
The staff recommendation from the Planning Department relating to the matter of the request from CPS, Ltd., on behalf of Lavonne Adams for final approval of the plat of Shady Ridge Sixth Addition (located north and east of Desiree Drive), with recommendation to give final approval to the plat subject to the conditions shown or attached to the review copy.
The city auditor reported that the Planning and Zoning Commission had considered the matter of the request for final approval to the plat subject to the conditions shown on or attached to the review copy and had recommended to give final approval to the plat subject to the conditions shown on or attached to the review copy.
Council Member Christensen stated concern if we pass this that we don’t open ourselves up for any type of claim in the event that the dike goes across these lots, that if we approve the plat the lots may go up in value, and would like it understood that if we approve it we don’t compensate them for the replatted ground and increase price if we put a dike across it. Mr. Potter stated that if they would look at the technical sheets, conditions that go on the plat, that No. 7 isn’t precisely what he’s looking at, but would have to look at some additional language to address the concern he has. Mr. Swanson stated he doesn’t believe they can effectively do what seeking to do without that being a taking of property rights at this time, the eminent domain law will require you to value the property at the time of the taking and will have to take it at whatever condition it is at that time, that to postpone or not approve the plat contingent upon the possibility of future dike purposes amounts to a regulatory taking. He stated a better approach is to go with the language that’s there and also deal with it in the issuance of building permits rather than to attempt to stop the replat or delay the replat; there certainly is enough information in the note placed upon the plat to draw a purchaser’s attention to it, that in a matter of litigation he would prefer to litigate the value of the property at the time of a taking than he would right now in a general taking because you’d also be covering a broader scope of land on a regulatory taking. He stated that he and Mr. Potter have discussed this and his opinion is to take an approach by delaying the platting now causes a greater likelihood of general damages than would incur through any increased value due to platting.
It was moved by Council Member Kreun and seconded by Council Member Gershman to give final approval to the plat subject to the conditions shown on or attached to the review copy.
Council Member Bjerke asked if we were going to address a deadline for the Burke Addition as to the dike line; Council Member Klave stated the last meeting those residents attended they had requested that information be back to us by the end of July - it was noted they are meeting tomorrow night.
Council Member Bjerke stated that the landowner wants city services, and once this is platted what would the City have to provide. Mr. Swanson stated there is neither a requirement of the State law nor City Code that you must provide all services at this time, the council would be obligated to determine what services it can efficiently provide the area; there are a number of areas where you are providing some services but not all services; the technical note that you have added to this plat clearly states that not all utility services may be available or provided at all times.
Upon call for the question and upon roll call vote the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried and the ordinance adopted.
APPROVE MATERNAL CHILD HEALTH/NUTRITION
GRANT BUDGET AMENDMENT
The staff recommendation from the Health Department relating to the Maternal Child Health - Nutrition Grant budget amendment, HL50, $723, 6/25/01, new 2001 revenue, with recommendation to approve Maternal Child Health - Nutrition Grant budget amendment of $723.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this budget recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE MATERNAL CHILD HEALTH GRANT
AGREEMENT WITH HEALTH DEPARTMENT AND
STATE DEPARTMENT OF HEALTH
The staff recommendation from the Health Department relating to the Maternal Child Health Grant agreement #02-041 ($71,792, 7/01/01-6/30/02), with recommendation to approve the 2001-02 grant agreement with the North Dakota Department of Health to provide ongoing maternal child health services.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that the grant amendment be approved. Carried 13 votes affirmative.
AUTHORIZE STAFF TO NEGOTIATE WITH BN/SF
RAILROAD TO OBTAIN EASEMENTS FOR PROJECT
NOS. 4648.3 AND 4948.2
The staff recommendation from the engineering department relating to easement from Burlington Northern Santa Fe (BNSF) Railroad for City Project No. 4648.3 and 4948.2 - Transmission Pipelines and Residuals Force Main, Phase 2, South 34th Street to Water Treatment Plant, with recommendation to grant permission to staff to negotiate with BN/SF Railroad to obtain permanent and temporary construction easements.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be and is hereby approved. Carried 13 votes affirmative.
ACCEPT LOW BID FOR PROJECT NO. 4371, WASTE-
WATER TREATMENT PLANT, PROCESS MECHANICAL
EQUIPMENT, CONTINGENT UPON APPROVAL BY
NORTH DAKOTA DEPARTMENT OF HEALTH
The staff recommendation from the engineering department relating to bids for City Project No. 4371, Grand Forks Wastewater Treatment Plant (Bid Package #7, Process Mechanical Equipment), with recommendation to award contract to the lowest responsible bidder from bid opening on July 13, 2001, contingent upon approval of bids from the North Dakota Department of Health.
The report and recommendation from the engineering department relating to bids received were as follows: Bids were opened for the project with bids received from 4 contractors and to award contract to PKG contracting in the amount of $2,537,969 contingent upon review and approval by the North Dakota Department of Health.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian to accept the bid of PKG Contracting in the amount of $2,537,969.00, contingent upon review and approval of bids from the North Dakota Department of Health. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE AMENDMENT NO. 2 TO THE ENGINEERING
SERVICES AGREEMENT FOR PROJECT NO. 5140,
UPGRADE PUMP STATION 24
The staff recommendation relating to Amendment No. 2 to engineering services agreement with Webster Foster & Weston for Project No. 5140, Upgrade Pump Station 24, with recommendation to approve Amendment No. 2 with Webster, Foster & Weston.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that Amendment No. 2 to the engineering services agreement be approved in the amount of $17,840.00. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
PAVING PROJECT NO. 5266, DISTRICT NO. 582
The staff recommendation from the engineering department relating to special assessment district for City Project No. 5266, District No. 582, paving Nordonna Circle, with recommendation to approve engineer’s report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5266, District No. 582.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be and is hereby approved, and that we declare intent to sell bonds to finance these improvements. Carried 13 votes affirmative.
Council Member Hamerlik introduced the following resolution creating the assessment district, which was presented and read: Document No. 8083 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Member Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried and the resolution adopted.
ACCEPT ENGINEER’S REPORT, PAVING PROJECT NO.
5266, DISTRICT NO. 582
The city auditor presented and read the engineer’s report on Paving Project No. 5266, District No. 582: Document No. 8084 - Report.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this report be and is hereby approved. Carried 13 votes affirmative.
ADOPT RESOLUTION OF NECESSITY, PAVING
PROJECT NO. 5266, DISTRICT NO. 582
Council Member Hamerlik introduced the following resolution of necessity, which was presented and read: Document No. 8085 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this resolution be and is hereby adopted. Upon roll call the following voted “aye”: Council Member Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried and the resolution adopted.
APPROVE 2001 SIDEWALK REPAIR LIST NO. 2,
SIDEWALK PROJECT NO. 5196
The staff recommendation from the engineering department relating to Location List No. 2 for Project No. 5196, 2001 Sidewalk Repairs, with recommendation to approve 2001 Sidewalk Repair List No. 2.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian to approve List No. 2, 2001 Sidewalk Project No. 5196. Carried 13 votes affirmative.
APPROVE PROJECT CONCEPT REPORT AND DESIGN
ENGINEERING SERVICES AGREEMENT FOR PROJECT
NO. 5245, MILL AND OVERLAY
The staff recommendation from the engineering department relating to project concept report and design engineering services agreement for Project No. 5245, University Avenue mill and overlay, with recommendation to approve agreement with Webster Foster & Weston for project concept report and design engineering services in the amount of $44,400.00.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian to approve the engineering services agreement with Webster Foster & Weston for project concept report and design for Project No. 5245 in the amount of $44,400.00. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 5262, DISTRICT NO. 581
The city engineer’s estimate of total cost of the construction of paving Mighty Acres Drive in the amount of $135,377.03, was presented and read.
The staff recommendation from the engineering department relating to plans and specifications for Project No. 5262, District No. 581, paving Mighty Acres Drive, with recommendation to approve plans and specifications for Project No. 5262, paving Mighty Acres Drive.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be and is hereby approved. Carried 13 votes affirmative.
Council Member Hamerlik introduced the following resolution which was presented and read: Document No. 8086 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this resolution be and is hereby adopted. Carried 13 votes affirmative.
APPROVE ABATEMENT OF 2000 TAXES ON PROPERTY
AT 2508 OLSON DRIVE
The staff recommendation from the city assessor’s office relating to application for abatement of 2000 taxes by Michael Daley and Maren Lindholm on 2508 Olson Drive, Lots 21, Block 2, Olson’s Addition, with recommendation to Board of County Commissioners that application be approved as submitted.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be and is hereby approved, with true and full value to be reduced from $315,000 to $285,000 for 2000 and excess tax paid be refunded, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
DIRECT STAFF TO PROCEED WITH NOTICE OF
INTENT TO ACCOMPLISH STORM WATER PHASE II
REGULATIONS WITH FUNDS AVAILABLE
The staff recommendation from the city environmental coordinator relating to Storm Water Phase II Regulations, with recommendation to direct staff to proceed with the Notice of Intent to accomplish as much as possible with the funds available in the 2001 budget with the rest to be completed in 2002.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that this recommendation be and is hereby approved. Carried 13 votes affirmative.
APPROVE CHANGE ORDER FOR PROJECT NO. 5172,
GREENWAY CLEANUP PHASE I
The staff recommendation from the interim greenway coordinator relating to Change Order No. 1 for Project No. 5172, Greenway Cleanup Phase I, with recommendation to approve Change Order No. 1 to Project No. 5172, Greenway Cleanup Phase I, (including drainage swale at Lincoln Park and work in Elmwood Drive) for the sum of $28,901.25 and authorize the appropriate City officials to sign the change order.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian that the recommendation be and is hereby approved in the amount of $28,901.25. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE AGREEMENT WITH WESTERN WIRELESS
CORPORATION FOR WIRELESS COMMUNICATION
PREMISES SITE LEASE
The staff recommendation from the public works department relating to the matter of wireless communication premises site lease agreement, with recommendation to approve wireless communication premises site lease agreement with Western Wireless Corporation.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian to approve the agreement with Western Wireless Corporation for a wireless communication premises site for a period of five years at $1,000 per month. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
ADOPT RESOLUTION RELATING TO WAFFLE PLAN
The recommendation relating to the adoption of a resolution relating to the waffle plan, with recommendation to approve the waffle plan resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian to approve the recommendation. Carried 13 votes affirmative.
Council Member Hamerlik introduced the resolution relating to the waffle plan: Document No. 8087 - Resolution.
It was moved by Council Member Hamerlik and seconded by Council Member Kerian to adopt the resolution. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried and the resolution adopted.
APPROVE WAGE NEGOTIATIONS
The staff recommendation submitted by the Wage Negotiation Committee relating to the proposed wage agreement for 2002 and 2003, with recommendation to approve the proposed wage agreement as submitted: 1% on 9-1-2001; 1.5% on l-1-2002 plus $25.00 per month across the board and $15.00 per month to the Post Employment Health Plan; Consumer Price Index (CPI) for Midwest, non-metropolitan under 50,000 people as of 12-31-01 for 1-1-2003 (cost to be determined).
Council Member Glassheim moved approval of the negotiated settlement which would be 1% increase on September 1, 2001, 1½% increase on January 1, 2002, plus $25.00 per month across the board and $15.00 to the post-employment health plan and use of the Consumer Price Index for the Midwest, non-metropolitan areas under 50,000 as of December 31, 2001 for 2003. Council Member Hamerlik seconded the motion.
Council Member Glassheim stated they had a good session with the employees and both sides heard the needs of the other and thinks this was a fair settlement and within the range of the general inflation figure and a good sign for the council and for the employees to move ahead with it.
Council Member Brooks stated he read the city attorney’s memo regarding the binding of future councils but it’s an opinion they need to look at; that we have contracts with department heads that have no ending date and certainly go beyond one year, doesn’t know how we can make a distinction between them and rest of our staff, that we set a committee up and met with employees, it was done and committee did a good job, there was communication between the committee and council during that process and employees have looked at it and need to go forward with this.
Council Member Martinson stated in reading the city attorney’s letter it is very evident that it’s not binding to the new council and we need to get this settled.
Upon roll call the following voted “aye”: Council Members Christensen, Klave, Kerian, Bakken, Kreun, Martinson, Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman - 13; voting “nay”: none. Mayor Brown declared the motion carried.
Mayor Brown stated this vote has re-established credibility and happy we can move forward; and now the burden is on us as city employees to find efficiencies to help us save the money to help these changes that were just approved.
APPROVE MARKET ANALYSIS RECOMMENDATIONS
The staff recommendation from the task force relating to the market analysis, with recommendations to implement the market analysis recommendations as follows: 1) increase the City of Grand Forks salary range by 3% to bring the salaries to within 5% of market median; 2) implement one-time payments for those positions identified as “at risk” positions which are greater than minus -10% below market median; and authorize Human Resources to conduct a wage and salary study to be completed and implemented by 1/1/2003.
Council Member Glassheim reported that he met with some of the staff and tried to come up with something that would be fair and a step towards resolving some of the problems we have at some of the levels, and that he has a four-part motion which he would read and discuss either separately or vote on the as a package: 1) that we make one-time payments in 2001 and 2002 to bring identified “at risk” positions to within 10% of the market median; 2) that we divide the remaining balance of the $200,000 set aside for implementing the market study equally among General Fund classified employees with comparable amount to be paid to non-General Fund employees as early as possible for people employed as of January 1, 2001 and still employed at this time; 3) that we implement a wage study as soon as possible to be completed December 31, 2001; and 4) that we eliminate the A step effective December 31, of this year. Council Member Kreun seconded the motion.
Council Member Hamerlik asked for clarification on classified employees, if those were the permanent classified employees in permanent positions even though they may be part-time they would be pro-rated or would they all receive the same amount. Dawn Wilke, Human Resources, stated this would only apply to classified permanent employees and not to our temporary line item employees; and that we have two people that are working in classified positions, less than full-time, would receive pro-rated portion.
There was some discussion relative to the funding and Council Member Christensen stated that we have about 430 full-time employees and assuming that after implementation of the at risk the balance would be divided among the employees; and would hope this would be perceived by the city employees as a good faith effort to move forward with this and get the wage study and address any disparities in the steps. Council Member Glassheim stated we had $200,000 in the General Fund to implement the market study and equal amounts would be taken from the Enterprise Funds to implement in their departments. Council Member Bjerke stated we’re going to eliminate the A step at the end of this year, and not do the I step; Council Member Glassheim stated that was correct pending a more thorough wage study. Council Member Bjerke stated he disagreed with the one-time payments and that’s what have reclassification for.
Council Member Hamerlik asked when this would be paid; and it was noted that this would be done as soon as calculated.
Mr. Swanson, city attorney, stated that the motion did not include any particular date to determine what time the employees would have to be in the employment of the City, that he doesn’t know if within the risk categories if we’ve got changes of employees or not. Council Member Burke stated with regard to the $200,000 we have in this year’s budget for market analysis adjustments, and asked if similar funds were budgeted in the Enterprise Funds, and it was stated that there were not.
Council Member Christensen asked if part-time employees would receive any of this bonus; Ms. Wilke stated no, temporary employees not considered in market analysis.
It was moved by Council Member Burke to amend the motion that the remainder of the $200,000, after part 1 of the motion is accomplished, be the full extent of the adjustments paid as in part 2 for all classified Grand Forks city employees and that there be no additional burden on the Enterprise Funds to come up with additional funds for that point, and also that those shares be paid at the conclusion of this calendar year and be pro-rated based on the amount of service an employee has during the year. Council Member Stevens seconded the motion.
Council Member Martinson stated that in looking at the Fox Lawson market analysis, that other cities are paying 91% of the employee’s health insurance premiums and employee’s paying 9%, something we have to consider going forward, that here the City is paying 75% and employee paying 25%, and that he hopes that is taken into consideration.
Council Member Hamerlik asked if motion was for all employees as of 01-01-01 and that portion is not an amendment. Council Member Glassheim stated that Council Member Burke’s motion stated that employees would have to have been employed as of January 1, 2001, and is wanting to insure that they are continuously employed or if leave in September they are paid 9/12th of the year, and would be an amendment to his motion, as his motion was to pay them immediately if they were employed as of January 1.
Council Member Burke stated that if the second would agree to the change he would withdraw the portion of his amendment which deals with pro-rating the payment. Council Member Stevens agreed.
Council Member Glassheim stated that the Enterprise Funds have about 45 to 50% of the expenditure of the General Fund and doesn’t find it to be too burdensome and urged vote against the amendment. The city auditor stated that Water Utility Fund has a balance of approx. $7.4 million; Storm Sewer Fund approx. couple hundred thousand dollars, Sanitary Sewer Fund $1.9, and Sanitation Fund approx. $1.1 million.
Council Member Christensen stated he received listing of employees and have approx. 425 employees paid out of the General Fund and out of various Enterprise Funds.
Upon call for the question on the motion for the amendment and upon voice vote, the motion failed.
Council Member Brooks stated the question regarding the health plan, and percentages has a lot to do with what kind of health plan the different cities have, level of service and cost level may have impact on that. He also stated that last week he asked Mr. Duquette in the matter of the wage study, if they would hire an outside firm to come in and do this as opposed to having staff do it. Mr. Duquette stated that in discussions with the Mayor, it makes sense that we bring in an external group, that we use an RFP process and important to do an outside firm.
Council Member Hamerlik stated that if the intent is to eliminate using Enterprise Funds because there should be an amendment to it, that so have clarification if this is to be paid as soon as possible and the employees had to have been employed as of January 1, 2001, what if it takes 3 to 6 weeks before the checks are generated, what if someone terminates in the meantime or if it takes to the end of December before checks can be cut and someone terminates tomorrow, not proposing any particular date, but so everyone treated same way. The city auditor stated it would take 2 weeks to generate the checks; Council Member Hamerlik stated date as of tonight. It was noted that we have 270 General Fund employees, Enterprise Funds has 105 employees and Special Revenue employees 38 and if approve Council Member Glassheim’s motion and fund the balance out of Enterprise Funds or Special Revenue, would have 270 paid out of the General Fund balance.
Ms. Wilke stated that we have 139 temporary employees in temporary line item who are not a part of this whatsoever, that we job-share position in the Urban Development where 1 person works 60% of the time and the other 40% and they would get pro-ration of this. Mr. Swanson stated so that precise, the only employees that work less than 40 hours that would qualify are those that are considered to be job-sharing a classified position, that is different under our Code than a part-time employee and is different than a temporary employee, is a classification unto its own.
Upon roll call the following voted “aye”: Council Members Brooks, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 12; voting “nay”: Council Member Bjerke - 1. Mayor Brown declared the motion carried.
APPROVE JOB DESCRIPTION CHANGES
The staff recommendation from the Civil Service Commission and Human Resources director, with recommendation to approve job description changes as recommended by the Grand Forks Civil Service Commission for the following positions: finance accountant, client services coordinator, housing administrator I/II; housing technician II; wastewater/stormwater supervisor; platting and right of way officer; civilian records supervisor; police support specialist II/I; trade inspector; building inspector II; building inspector I; and to create new class titles of compensation and benefits specialist and insurance/asset coordinator.
Council Member Bjerke stated that in reviewing the information in job descriptions presented by Human Resources questioned the use of the word substantial and definition. Ms. Wilke stated that the minor changes in the job descriptions are to make them uniform with other positions that share that same pay grade. Fred MacGregor, chair of the Civil Service Commission, stated that substantial is a subjective term, job classification is a subjective process, and the classes that have been developed for the City is probably as objective as you can get because there are lots of definitions and criteria that are looked at, but when department heads and individual employees come before the Civil Service Commission and present their case, there is a lot of discussion, lot of questions and ask if changes are going to be on-going, something that may end because it’s related to a situation that going to end in the future, and when convinced, the Commission votes and in those cases the Commission says they are substantial, don’t always agree on the Commission, some votes 3 to 2, but it’s a process they look at information provided to them and as far as Commission is concerned, those were substantial changes.
Council Member Brooks asked where initial request for job description reclassifications come from; Mr. Hovland, Human Resources, stated that the employees can bring forward a reclassification through their department head and have it filed by February 1, or request from Human Resources director, through maintenance with the Civil Service Commission, that the Code does not provide for city council action other than consideration of job descriptions, or request that the Commission look at them.
It was moved by Council Member Martinson and seconded by Council Member Klave that the proposed recommendation be and is hereby approved. Carried 13 votes affirmative.
ACCEPT BID AND AWARD CONTRACT FOR PROJECT
NO. 5250, BIO SOLIDS REMOVAL AT WASTEWATER
TREATMENT STABILIZATION POND
The staff recommendation from the engineering department relating to bids for City Project No. 5250, Bio Solids Removal at the Wastewater Treatment Stabilization Pond, with recommendation to award contract to low bidder, Fergus Power Pump, in the amount of $17,800.00.
Council Member Bjerke questioned difference in amount budgeted for the project and the bids received, and asked where the difference in that amount would be used; Mr. Walker, project engineer, reported the money would stay in that project for future projects.
It was moved by Council Member Gershman and seconded by Council Member Bjerke that to accept the low bid and award contract to Fergus Power Pump in the amount of $17,800.00. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun, Martinson - 13; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE REMOVAL OF “NO RIGHT TURN ON RED” SIGNS
The staff recommendation from the engineering department relating to the matter of “no right turn on red” signs on South Washington at the intersections of 17th Avenue South, 24th Avenue South and 28th Avenue South, with recommendation as follows: Option #1, that the signage be left as installed, and Option #2, that the “no turn on red” signs be removed.
Council Member Martinson stated that the motion deals with signage on 3 streets coming onto Washington, that he has a concern on 17th Avenue South, that kids are walking there, skateboarders, bicycles, people in motorized wheelchairs - that South Washington Street is heavily traveled, sometimes too fast, and one of the problems that multiplies this is the use of cell phones, people not paying attention to what is going on and to remove those signs would be complete travesty, and asked council members to reconsider.
Council Member Gershman stated he was in favor of this motion because there are turn lanes installed and quite inconsistent other than “no turn on red” at school lights but inconsistent in the city where have on three streets “no turn on red” and the rest of the city have turns on red, finding that violated all the time and support this because believes in predictability and consistency.
In answer to Council Member Brooks question, Mr. Grasser stated that the plan is not to change signs on 13th Avenue, that was specifically put in by prior council motion and his department did not recommend a
change at that intersection.
Council Member Burke moved that the “no turn on red” signs on South Washington be removed, that the mayor send a letter to the North Dakota Department of Transportation asking that “no right turn on red” signs not be installed on the remainder of North Washington and South Washington Streets that will be reconstructed or resurfaced next year. Council Member Gershman seconded the motion.
Mayor Brown asked for clarification - that motion stated all streets, or excluding school crossing. Council Member Burke stated “..all streets that had signage installed because of the project.
Council Member Stevens stated that North Washington at 5th Avenue North has a “no turn on red”, same as l3th Avenue South. It was noted that 5th Avenue is school crossing for Winship School. Council Member Hamerlik reported he had brought this up at the last meeting and was referred for consideration in the future. Mr. Grasser stated in writing of the letter by the Mayor to be aware that North Washington is under construction right now so plans and specs. and bidding for signing, those decisions have been accomplished and that project about half done, might result in some change orders.
Council Member Martinson asked what time frame for lights to change - 2 to 3 minutes to turn green. Mr. Grasser stated that cycle changes depending upon the time of the day and traffic actuations, something greater than 30 seconds and less than 3 minutes, and not aware of any cycles that would run 3 minutes.
Council Member Hamerlik moved a substitute motion that we take down the “no right turn on red” signs on South Washington at 17th Avenue South, 24th Avenue South and 28th Avenue South, and ask that the engineering department further consider other areas of the city, including North Washington Street, so that we can act accordingly at a later date. Council Member Christensen seconded the motion. Upon call for the question on the amendment to the motion and upon roll call the following voted “aye”: Council Members Klave, Kerian, Bakken, Kreun, Brooks, Bjerke, Stevens, Hamerlik, Christensen - 9; voting “nay”: Council Members Martinson, Burke, Glassheim, Gershman - 4. Mayor Brown declared the motion carried.
Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 12 votes affirmative; Council Member Martinson voted against the motion.
APPROVE APPLICATION FOR EXEMPTION OF
IMPROVEMENTS TO RESIDENTIAL BUILDING AT 1924
2ND AVENUE NORTH
The staff recommendation from the city assessor’s office relating to application for exemption of improvements to residential building at 1924 2nd Avenue North, with recommendation to grant exemption for a three-year period.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be and is hereby approved. Carried 12 votes affirmative; Council Member Bjerke voted against the motion.
APPROVE APPLICATION FOR EXEMPITION OF
IMPROVEMENTS TO RESIDENTIAL BUILDING AT 525
15TH AVENUE SOUTH
The staff recommendation from the city assessor’s office relating to application for exemption of improvements to residential building at 525 15th Avenue South, with recommendation to grant exemption for a three-year period.
It was moved by Council Member Kreun and seconded by Council Member Christensen that this recommendation be and is hereby approved. Carried 12 votes affirmative; Council Member Bjerke voted against the motion.
APPROVE EXEMPTION OF LICENSES FOR MERCHANTS
IN FARMER’S MARKET IN TOWN SQUARE
The staff recommendation from the public information center relating to transient merchant license waiver, Farmer’s Market, with recommendation to approve the exemption for merchants taking part in the Farmer’s Market in the city’s Town Square.
It was moved by Council Member Hamerlik and seconded by Council Member Gershman that this recommendation be and is hereby approved.
Mr. Swanson stated that the City of Grand Forks does not have a merchant fee for all businesses located in the city limits, but there are certain types of merchants that are licensed, that a transient merchant license meaning a business located from outside the city limits and has no intent to have a permanent business within the city; there are some exceptions for agricultural products. Mr. Swanson stated there is a fee for participating in the Farmers Market downtown, plus a fee based upon the space used, and this places everyone on the same base.