Council Minutes

17767
September 17, 2001
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
September 17, 2001

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, September 17, 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, Klave, Kerian, Bakken, Kreun - 11; absent: Council Member Lunak, Martinson - 2.

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.

Don Shields, Health Department, stated he was here to talk about the terrorists’ event that occurred last Tuesday, that there are a lot of people in the community that are very upset and angry over what has happened to Americans and wanted to let the council and citizens know that there is help in the community for people who would like to talk about this, would encourage people to talk to their friends, family, clergy and there is also a crisis line which will be put on television - the crisis line in Grand Forks is 775-0525 for Northeast Human Services, and a number for people outside of the city for long distance - 1-800-845-3731. He also stated that similar to what has occurred in this community a number of years ago is that a lot of the issues don’t begin to bother us until much later, not abnormal to have these feelings and not abnormal several months from now to have feelings of that nature, especially kids when loved ones and others may be flying or traveling to other destinations, and good to keep those things in mind.

COUNCIL MEMBER CHRISTENSEN REPORTED PRESENT

At the request of Council Member Brooks and Mayor Brown a moment of silence was observed for the victims of the terrorists’ attack on our country on September 11, 2001.

Council Member Gershman announced that this weekend there will be a benefit concert for disaster relief entitled Music of Sorrow and Hope at the Chester Fritz Auditorium, and commended the Grand Forks Symphony and the Master Chorale, their directors and boards of directors for taking this decision. All proceeds will go to benefit the Red Cross and the Salvation Army; this is a free concert, however, there is a suggested donation of $10 and if able to give more would be welcome. There will be words from leaders of the three major religions and will be a very moving evening and at times, uplifting also. He stated this is a chance for our city to come together and express our feelings.

Mayor Brown reported that Sandy Glas, executive director for the Reunions Committee, wished to publicly thank people who made the reunion such a success, the police department, streets and sanitation, urban development, public information center, traffic and safety events, and the Alerus Center; and other city resources for an event that showcased our community.

CONTINUE PUBLIC HEARING AND POSTPONE SECOND
READING OF AN ORDINANCE TO AMEND THE ZONING
MAP TO INCLUDE WITHIN THE VILLAGE PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO.3, ALL OF VILLAGE
RESUBDIVISION NO. 2 AND ALL OF VILLAGE RESUBDIVISION
NO. 3, TO OCTOBER 15, 2001

An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Village PUD (Planned Unit Development) Concept Development Plan, Amendment No. 1 and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3, all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on August 20, 2001, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The deputy 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 her office.

The staff report from the Planning and Zoning Commission relating to the matter of the request from Kevin Ritterman on behalf of Mikkelson Consolidated for the final approval of an ordinance to amend the zoning map to rezone and exclude from the Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, and to include within the Village PUD (Planned Unit Development), Concept Development Plan, Amendment no. 3, all of Village Resubdivision No. 2 and all of Village Resubdivision No. 3, Grand Forks, North Dakota, with recommendation to continue the request until the next Planning and Zoning Commission meeting on October 3, 2001 and recommend the city council continue its September 17, 2001 public hearing to October 15, 2001.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

It was moved by Council Member Kerian and seconded by Council Member Kreun to approve the recommendation and to continue the public hearing and second reading of the ordinance to October 15, 2001. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3898 AMENDING THE COM-
PREHENSIVE PLAN, AMENDING CHAPTER XVIII, ARTICLE
8, COMPREHENSIVE PLAN; SECTION 18-0802 ELEMENTS OF
THE GRAND FORKS CITY CODE OF 1987, AS AMENDED,
PERTAINING TO THE GRAND FORKS-EAST GRAND FORKS
2022 TRANSPORTATION PLAN UPDATE (AMENDING THE
NON-MOTORIZED BRIDGE STUDY OF THE BIKEWAY ELEMENT
OF THE TRANSPORTATION PLAN)

An ordinance entitled “An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the grand Forks-East Grand Forks 2022 Transportation Plan Update (2000 Bikeway, 1999 Pedestrian Element; 2000 Transit Element, 2000 Street and Highway Element, and 2000 Metropolitan Intelligent Transportation Systems Comprehensive Plan Element)”. which had been introduced and passed on its first reading on August 20, 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 deputy 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 her office.
The staff report from the Planning and Zoning Commission staff relating to the matter of request from the Grand Forks Planning and Zoning Department for final approval of an ordinance to amend Chapter XVIII of the Grand Forks City code of 1987, as amended, amending Article 8, Comprehensive Plan, Section 18-0802, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update, (2000 Bikeway Element, 1999 Pedestrian Element, 2000 Transit Element, Year 2000 Street and Highway Element, and 2000 Metropolitan Intelligent Transportation Systems Comprehensive Plan Element, together with all maps, information and data contained therein, with recommendation for final approval of an ordinance amending the Non-motorized Bridge Study of the Bikeway Element of the Transportation Plan.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

Council Member Burke asked what the recommended location was for the north bridge. Dennis Potter, city planner, reported it is to the downstream side of the original study site.

Council Member Kerian questioned if there were no northern sites that would meet the soil conditions; Melanie Parvey stated that they have identified that there are some soil stability concerns in those areas marked on the map, and forwarded this information to the Corps to analyze and get back to us. It was noted that the East Grand Forks Planning Commission has approved this and will go to their city council this week; it will go on to the MPO Board for final approval if approved by both city councils. Council Member Kreun also noted that it was mainly concern of East Grand Forks that they move the bridge to the northern site of the dam as they felt that was more visually appealing.

Upon roll call vote on the ordinance, the following voted “aye”: Council Members Brooks, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 10; voting “nay”: Council Members Bjerke, Stevens - 2. Mayor Brown declared the ordinance adopted.

APPROVE FINAL PLAT OF REPLAT OF LOTS 17, 18,
19 AND 20, BLOCK B OF A REPLAT OF LOT 7, BLOCK 1,
KANNOWSKI’S ADDITION

The staff report from the Planning and Zoning Commission relating to the matter of the request from CPS, Ltd. on behalf of R.J. Zavoral and Sons for final approval of the Replat of Lots 17, 18, 29 and 20, Block B of a Replat of Lot 7, Block 11, Kannowski’s Addition to the city of Grand Forks, North Dakota (located in the 5800 block of Pinehurst Drive), with recommendation for final approval of plat subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE FINAL APPROVAL OF REPLAT OF WASHINGTON
ESTATES RESUBDIVISION

The staff report from the Planning and Zoning Commission relating to the matter of the request from CPS, Ltd. on behalf of Ribob Company and Eljim Company for final approval (fast track) of the Replat of Washington Estates Resubdivision, with recommendation for final approval of the replat of Washington Estates Resubdivision, subject to conditions shown on or attached to the review copy, and recommend the city council approve the plat.
It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK
1, BIRKHOLZ’S 3RD ADDITION

The staff report from the Planning and Zoning Commission relating to the matter of the request from Tom Ericson on behalf of Cornerstone Baptist Church for final approval (fast track) of the Replat of Lot 1, Block 1, Birkholz’ 3rd Addition (located at 2297 South 36th Street), with recommendation for final approval of the replat of Lot 1, Block 1, Birkholz’ 3rd Addition, subject to conditions shown on or attached to the review copy and approval of the plat.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

ACCEPT PETITION FOR VACATION OF ALL OF 10TH
AVENUE SOUTH BETWEEN SOUTH 46TH STREET AND
SOUTH 48TH STREET AS PLATTED ON ORIGINAL PLAT
OF INDUSTRIAL SUBDIVISION

The staff report from the Planning and Zoning Commission relating to the matter of the request from the Grand Forks Planning Department for approval to vacate all of 10th avenue South between South 46th Street and South 48th Street, Industrial Subdivision, with recommendation for final approval of the vacation of all of 10th Avenue South between South 46th Street and South 48th Street as shown and platted on the original plat of Industrial Subdivision, Grand Forks, ND and that the city council set public hearing and approve the vacation.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved, that the petition filed is in proper form and be filed with the city auditor, and that a notice of public hearing be published as required, with hearing date of November 5, 2001. Carried 12 votes affirmative.

APPROVE FINALIZLATION OF ALERUS CENTER
CONSTRUCTION PROJECT

The staff report from the special projects coordinator relating to the matter of finalization of Alerus Center construction project, with recommendation from the Events Center Core Committee to approve the allocation of the final funds in the Alerus Center Construction account for the Compass Facility Management Incentive payment, the miscellaneous general requirement costs, the west roof final costs, the chiller issue resolution, and the training room building; turn the remaining balance of an estimated $529,434.84 over to the Alerus Center Commission to determine the best expenditures for FF&E items; declare the project officially closed; and immediately disband the Events Center Core Committee, leaving any remaining items in the hands of the Alerus Center Commission and city council.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.
APPROVE AMENDMENT TO ENGINEERING AGREEMENT
FOR PROJECTS NOS. 4817, 4818 AND 5116, INTERIOR
DRAINAGE

The staff report from the Engineering Department relating to Amendment No. 18 to Greater Forks Engineering Group for in-kind engineering services, City Projects Nos. 4817, 4818 and 5116, Interior Drainage, with recommendation to approve Amendment No. 18 in an amount of $135,751.80 with Greater Forks Engineering Group.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING AGREEMENT
FOR PROJECT NO. 4820, LEVEE LAND ACQUISITION
SURVEY SURVICES

The staff report from the Engineering Department relating to Amendment No. 19 to Greater Forks Engineering Group for in-kind services, City Project No. 4820, with recommendation for approval of Contract Amendment No. 19 for professional services (based on an hourly rate schedule with an estimated not to exceed the amount of $193,786.13) with the Greater Forks Engineering Group regarding in-kind survey services related to property and right of way acquisition for construction of the United States Corps of Engineers flood protection system for the city of Grand Forks.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDERS FOR PROJECT NO. 5203

The staff report from the Engineering Department relating to change order No. 1 for Project No. 5203, 2001 storm and sanitary sewer repairs, with recommendation to approve Project No. 5203 change order No. 1 for Robinson Excavating in the amount of $3,300.00.

The staff report from the Engineering Department relating to change order No. 2 for Project No. 5203, 2001 storm and sanitary sewer repairs, with recommendation to approve Project No. 5203 change order No. 2 for Robinson Excavating in the amount of $34,986.00.

It was moved by Council Member Kreun and seconded by Council Member Bakken that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 5197

The staff report from the Engineering Department relating to change order No. 3 for Project No. 5197, 2001 concrete street repairs, with recommendation to approve Project No. 5197 change order No. 3 for Opp Construction in the amount of $18,007.00.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

INTRODUCE ORDINANCE TO AMEND COMPREHENSIVE
PLAN, AMENDING CHAPTER XVIII, ARTICLE 8; SECTION
18-0802, ELEMENTS OF THE GRAND FORKS CITY CODE
OF 1987, AS AMENDED, PERTAINING TO THE GRAND
FORKS-EAST GRAND FORKS 2022 TRANSPORTATION PLAN
UPDATE

The staff report from the Planning and Zoning Commission relating to the matter of request from the Grand Forks Planning and Zoning Department for preliminary approval of an ordinance to amend Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 8, comprehensive Plan, section 18-0802, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update, (2001 Bikeway Element, 1999 Pedestrian Element, 2000 Transit Element, Year 2000 Street and Highway Element, and 2000 Metropolitan Intelligent Transportation Systems Comprehensive Plan Element), together with all maps, information and data contained therein, with recommendation for preliminary approval of an ordinance amending the Street and Highway Element of the Transportation Plan and set a city council public hearing for October 15, 2001.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced an ordinance entitled “An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks 2022 Transportation Plan Update (2001 Bikeway, 1999 Pedestrian Element; 2000 Transit Element, 2000 Street and Highway Element, and 2000 Metropolitan Intelligent Transportation Systems Comprehensive Plan Element)”. which was presented, read and passed on its first reading.

APPROVE PRELIMINARY PLAT; AND INTRODUCE
ORDINANCE TO AMEND THE STREET AND HIGHWAY
PLAN TO INCLUDE THE PUBLIC RIGHTS OF WAY
SHOWN AS DEDICATED ON THE PLAT OF CONCRETE, INC.
ADDITION

The staff recommendation from the Planning and Zoning Commission relating to the matter of the request from Webster, Foster and Weston Consulting Engineers on behalf of Concrete, Inc. Addition, with recommendation for preliminary approval of the plat of Concrete, Inc. Addition, Block 1, Lots 1, 2 and 3, to the city of Grand Forks, North Dakota (located at 5000 DeMers Avenue) subject to the conditions shown on or attached to the review copy, and that the city council give preliminary approval to the plat and set a public hearing date of October 15, 2001.
It was moved by Council Member Kreun and seconded by Council Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Bakken introduced 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 Concrete Inc. Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL)
DISTRICT THE SOUTHERLY 210 FEET OF LOT 1 AND
ALL OF LOTS 2 AND 3, BLOCK 1, CONCRETE, INC ADDITION

The staff recommendation from the Planning and Zoning Commission relating to the matter of the request from Webster, Foster and Weston Consulting Engineers on behalf of Concrete, Inc. for preliminary approval to rezone and exclude from the A-1 (Limited Development) District and to include within the I-2 (Heavy Industrial) District, the southerly 210 feet of Lot 1 and all of Lots 2 and 3, Block 1, Concrete Inc. Addition (located at 5000 DeMers Avenue), with recommendation that the city council give preliminary approval and introduce the ordinance and set a public hearing for October 15, 2001.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Klave introduced an ordinance entitled “An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Limited Development) District and include within the I-2 (Heavy Industrial) District, the southerly 210 feet of Lot 1 and all of Lots 2 and 3, Block 1, Concrete Inc. Addition to the city of Grand Forks, North Dakota”, which was presented, read and passed on its first reading.

ADOPT RESOLUTION OF ANNEXATION TO ANNEX
THE SOUTHERLY 210 FEET OF LOT 1, BLOCK 1, CONCRETE
INC. ADDITION TO THE CITY OF GRAND FORKS, ND

The staff recommendation from the Planning and Zoning Commission relating to the matter of the request from Webster, Foster and Weston Consulting Engineers on behalf of Concrete Inc. for preliminary approval of a resolution to annex the southerly 210 feet of Lot 1, Block 1, Concrete Inc. Addition to the city of Grand Forks, North Dakota, with recommendation for preliminary approval of the resolution to annex the southerly 210 feet of Lot 1, Block 1, Concrete Inc. Addition.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Carried 12 votes affirmative.

Council Member Kreun introduced the following resolution of annexation, which was presented and read: Document No. 8112 - Resolution.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this resolution of annexation be and is hereby adopted and further that the 5th day of November, 2001 be set as date for public hearing for the purpose of hearing and determination of the sufficiency of any protest to the proposed annexation. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried the resolution adopted.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE HOUSE FROM 93 GRASSY HILLS LANE TO LOT 5,
BLOCK 1, SHADYRIDGE ESTATES 6TH ADDITION

The staff recommendation from the Inspections Department relating to the application for moving permit to move the house from 93 Grassy Hills Lane to Lot 5, Block 1, Shadyridge Estates 6th Addition, with recommendation to approve the moving permit.

It was moved by Council member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved, and further that the application be and is hereby authorized to move the building subject to meeting conditions established. Carried 12 votes affirmative.

ACCEPT BIDS FOR PURCHASE OF CITY-OWNED
PROPERTY

The staff recommendation from the Finance/Administrative Services Department relating to bids received for City-owned property at 1201 7th Avenue North and 415 North 7th Street, with recommendation to accept bid of $1,400 for 415 North 7th Street to bidder Greg Batzer and accept bid of $600.00 for 1201 7th Avenue North to bidder Kenneth and Janet Kuhl.

It was moved by Council Member Kreun and seconded by Council Member Bakken that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Stevens, Hamerlik, Burke, Glassheim, Gershman, Christensen, Klave, Kerian, Bakken, Kreun - 12; voting “nay”: none. Mayor Brown declared the motion carried.

TABLE PROPOSED ORDINANCE RELATING TO
CIVIL SERVICE CODE RELATING TO EMPLOYMENT

The staff report from the interim administrative coordinator relating to the request from the Mayor’s Office for preliminary approval and first reading of an ordinance to adopt and amend sections of the Grand Forks City Code of l987 relating to Civil Service Code pertaining to Sections 6-0101, 6-0103, 6-0405, 6-0-414, 6-0513, 6-0514, 6-0524, 6-0526, 6-0807, 6-0808, 6-0814, 6-0902, 6-1001, 6-1002, related to City of Grand Forks employment, with recommendation to approve first reading of the ordinance.

Council Member Burke asked if an amendment of the proposed ordinance was available for review; Mr. Duquette reported that he had wished to visit with the city attorney, however, he was out of state and was hoping to have the revised ordinance available for second reading as amended as per recommendations of the city council and would have that in two weeks. It was noted that copies of the ordinance would be on the agenda at the committee of the whole next week for discussion.

Council Member Kerian asked whether in Code or policy as to whether or not classified and non-classified staff can apply as internal applicants. Mr. Duquette stated that is a part of the Code and that they are trying to allow the civil service commission to decide which classes of employees are eligible for classified positions, whether classified or non-classified positions. Mr. Duquette stated he is suggesting to the department heads as these positions move forward for classification in front of the civil service commission and that they provide some recommendations to the commission whether they want, internal, external or combination thereof - the civil service commission would make the decision.

Council Member Christensen questioned why the civil service commission would have the power to make a decision, and if that is where this is moving, should study it a little more, but that city council establishes the policy and they administer policy; and not wise to preclude qualified applicants from applying for a job just because there might be an internal applicant, and if an internal applicant is going to be preferenced, there’s too much inbreeding going on - that all citizens should have the right to apply. Mr. Duquette stated their goal is to provide the opportunity for the best qualified person for the position. Council Member Hamerlik stated he was of the belief that if there’s a qualified candidate internally they should be shown a preference, that’s the way to keep good people; and that those 27 positions needing further evaluation would also be given the opportunity to apply; and concerned that if we can’t give some preference for promoting within, at certain levels at least, maybe department heads, sub-department heads, maybe should go outside as well as inside.

Council Member Gershman stated that there are 27 positions that will be needing further review in the coming year, and recommended that the council would have a report back on those 27 positions by May and that would give the city council and departments more time than waiting the full year. Mr. Duquette stated that would be helpful through the budgeting process as they move into next year.

Council Member Brooks stated he was in favor of giving internal employees preference but that can eventually lead to problems and need to look at that process, and our employees have a preference anyway by being a part of the organization and having knowledge of the city and how it functions and there is somewhat of a given advantage but need to keep bringing new ideas to blend with good employees that we have.

Council Member Burke stated one of the suggestions for amending the draft ordinance was with regard to internal applicants, if we intend to keep that as a separate category of applicants, to suggest that if we don’t have at least a certain number of internal applicants it immediately go external, and if the fallback position might be to require three internal applicants, otherwise require it to go external immediately.

Mr. Swanson stated that in their discussion and that he has not had a chance to talk with Mr. Duquette, that when speak of internal and external candidates, it would be helpful for him if they were specific in determining whether this is an entry level or dealing with promotions; under the current Code there is no distinction between internal and external, however, it comes into play is whether you are utilizing an original employment register, or if utilizing a reassignment register, and needs to have further insight as to what it is you are trying to accomplish when you say you want internal candidates and external candidates, at what level and in what manner.

Council Member Christensen stated it may appear to be an opportunity for more information with Mr. Swanson’s help as to the amendment of this ordinance, rather than moving this through and was trying to allude to is that it is discouraging for people to try to apply for jobs if they think the deck is stacked or rigged because they have internal candidates and they have a preference; that there are people in the city who may want to move up that probably have better qualifications than someone from the outside, but if want to eliminate some of the cynicism that exists as far as how people perceive city government and how it runs, open it up so that people know that it’s not a closed group, that you might have an opportunity to become employed here and advance yourself, and suggested that there’s an awful lot of experience with our city attorney, Mr. Duquette and HR staff and should be educated a little bit before they decide to change this ordinance, get information, then deliberate and decide.

Mr. Hovland reported that the eligibility register is our entry level register, that we advertise internally and externally based on recommendations from the department and there are three names submitted alphabetically to the mayor who makes the appointment based off the eligibility register; re-assignment register is a promotional register and/or transfer register, and top candidate on that register is the one that is appointed. He stated depending on the position, have had some positions where have gone for the internal candidate city-wide for promotional or transfer, if no qualified candidates internally, can go externally - that recently have asked the commission to go internal/external at the same time in order to speed up the process as it is a lengthy process to fill a position.

Mr. Swanson stated that the re-assignment register is three-fold, transfer from one department to another department and by definition you could not go outside the city to do a transfer, it is also promotion and by definition you cannot promote somebody that is not an employee, and can also apply to demotion and by definition you can’t demote somebody who is not your present employee; the only situation in which you would have external candidates will arise under an eligibility roster, and that doesn’t mean that’s an entry level position, may be a higher position, but is one that will be competed for both internally and externally. Mr. Hovland stated that the way the Code reads is that regular, non-probationary employees are the only ones that can apply for the transfer and/or promotion, that they are trying to change that so can open up and get a bigger pool of candidates, to get the best qualified candidate. Mr. Swanson stated that the ordinance draft expands the ability of the commission to allow external candidates in those circumstances, it is not mandatory however, as that is left to the commission’s discretion; but that the discussion he heard tonight was that they wanted to insure that for whatever position was being advertised or opened, that you had both internal and external possibilities, and his point is that doesn’t fit the system utilized when you have transfer from or within departments as well as promotion. He stated that the commission has the opportunity if they do not believe that there is adequate competition for that level, to open it up.

It was moved by Council Member Kerian and seconded by Council Member Christensen to table this ordinance for one month. Carried 12 votes affirmative.

APPROVE CLASSIFICATION OF PROPOSED EMPLOYEES

The staff report from the interim administrative coordinator relating to part-time positions, with recommendation to approve the recommended changes to the employee classification and benefit system and instruct the city attorney to draft ordinance changes as applicable, for future review and passage by the city council.

Council Member Burke stated that the 27 positions needing further evaluation , and asked if there was a proposal from staff on how long that evaluation would take. Mr. Duquette stated there was a suggestion and he was in agreement, is that they have this information for city council for the first of May, 2002 so can begin in budgeting process for 2003. Council Member Burke stated that if those positions turn out not to be needed, the sooner we put in process the elimination of those positions, the sooner we’ll realize the savings, and asked if we couldn’t have a shorter timeframe on this and not something that we look at as being something that is implemented at the end of 2002. Mr. Duquette suggested having a preliminary look in the first part of the year and final report to the city council the first of May; Council Member Burke stated he would like something sooner than that, that have 27 positions and clearly have already given it some thought because on a list and identified as possibly being eliminated, and would like to have something to look at by the last committee of the whole meeting in November and try to act on it in the first month or so of the new year. Council Member Gershman stated this has to be a very thoughtful process and would defer to the mayor and Mr. Duquette and Mr. Hovland and his department as to what they think they could realistically could do, this is important and affects a lot of people and would hear from you so that it would be a real substantive study. Mr. Duquette stated that the earliest they should expect it is February, and would like to have four months to work with the department heads to examine these positions and how they fit into the organization and make those recommendations, and probably best approach at this point. Council Member Brooks asked for progress reports.

Council Member Brooks asked about the grant-funded positions, that salaries written into the grant, and asked why need further evaluation, when grant goes away so does the position. Mr. Shields stated that in most instances correct, but in this particular instance, this was a grant that began last year and everything has not been resolved - whether the grant will continue or who will be the employer for the personnel under the grant - right now multiple employers on Health Families, include Northeast Human Service Center, Lutheran Social Services, etc. and boards are looking at where is best fit for these employees, and maybe next year find that these employees might better fit under another organization as opposed to the City of Grand Forks and then come off the City payroll, but those are part of decisions because this is a new grant

Council Member Christensen stated that the figure for potential payroll elimination is approx. $600,000, and if that is out of the General Fund; Mr. Duquette stated there are some special revenues, enterprise and general funds involved in all those. Council Member Christensen stated it is important that we know of these positions, excluding the grants, what the cost savings would be to each of the respective funds, because he keeps thinking of the $1.4 million as they go forward and explore other ways otherwise there will be a tax increase unless he can convince other members to begin transferring from some of the special revenue funds to offset some of the general taxes, and would like that in the next two weeks.

Council Member Bjerke commented on the numbers of savings, total savings of $852,000 but $790,000 has already occurred, and not a potential for a great savings, because future potential savings of the 39 positions we are going to eliminate, it’s $150,000 and from all the funds, and we still to look at what we do, how we do it and what kind of services we provide and if should provide them, and how many employees we’re going to have.

Mr. Duquette stated that this a two-year process, will try to accelerate as best they can, but suggested that we unwind very slowly and carefully, that it took a decade to get where we are and as we look at this organization and try to realize how we want to streamline, where we want to go, asking for certain amount of latitude for the administration to do that.

Council Member Glassheim asked on the Urban Development positions, which are approx. $410,.000 which are federal funds and asked what would happen to those funds. Terry Hanson, Urban Development, stated of the $410,000 that will go towards classified employee positions that are unfilled at the present time, 6 positions that need to be filled to make up for the loss of these and the balance of the funds will go into other administration/projects and/or an operating reserve within the Housing Authority. Mr. Hanson stated that the various positions are funded out of different projects or multiple projects.

Mr. Duquette stated from their discussion last week he would suggest that Mr. Hanson is making a presentation on the 24th regarding the restructuring of his department, and should hold on any of these particular positions until concluded that discussion, that these positions are funded by external sources. He stated that what they are doing tonight is to get the city council’s endorsement of classifying the positions that were recommended for classification, the process of reducing the part-time or non-classified staff is in process for the first group for the end of the 2001, but main issue tonight is getting an endorsement of the classification of the 11 City-funded positions and the 11 Health Department positions.

Council Member Glassheim moved to hold consideration of the Urban Development positions tonight; Council Member Gershman seconded the motion.

Council Member Burke stated that the Urban Development positions have so much to do with the reorganization of the department rather than the realignment of responsibilities, and this was more to reflect the work that was being done and the duties and also the classified positions that exist and are not filled. Mr. Hanson stated that the restructure or reorganization of the Urban Development Department does include adding additional staff to the department, and if we fill the current empty classified positions and add additional staff and eliminate these temporary positions, would have a net loss of maybe 2 positions and that is what he is preparing to present to the committee of the whole next week.

Council Member Burke stated on the listing of the 39 positions, it doesn’t say what percent employment these people are on the previous list, most at 100% and 1 at 50%, and that in looking at the hourly rates and the salaries and that some of these are perhaps quarter time positions. Mr. Duquette stated some of the positions did not work for full year and that was a reflection of that as well. He stated that the positions from Urban Development, from the last Flood Response Committee some time back, these positions were recommended for elimination at the end of this year and that’s why being carried as they are.

Council Members Glassheim and Gershman withdrew their motion.

Council Member Burke moved to approve the classification of the proposed employees and to reduce in force the 39 positions as listed on the table as presented to us. Council Member Bjerke seconded the motion.

Council Member Glassheim moved to divide the question and to remove the Urban Development positions from that motion and table them until further discussion of the reorganization of the department.

Mr. Swanson stated that motion would be out of order, as added three motions, first motion is procedural motion to divide the question has to be acted upon first before moving to an amendment or to a table.

Council Member Glassheim moved a motion to allow for division of the question; died for lack of a second.
Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Member Glassheim voted against the motion.

APPROVE REQUEST FOR QUALIFICATIONS TO
PERFORM A WAGE AND SALARY STUDY FOR THE
CITY OF GRAND FORKS