Council Minutes
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
July 6, 1999
The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Tuesday, July 6, 19998 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; absent: none.
Mayor Owens announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter.
FLOOD REPORT
Ken Vein, city engineer, gave a brief review of the report that had been presented to all members of the council:
1) Technical Work Update: that Corps of Engineers has completed soil borings along the levee alignment and diversion areas, and cultural resources contractor has completed their work and are presently drafting their report; and contractor who has been working on the standing structures has completed their field report and draft report has been received by the City. He stated major interest is the second draft of the project cooperation agreement has been received for review after comments with the State Water Commissions, etc. and the Corps has transmitted their estimate for modifying the downtown pedestrian bridge to the Historic Commission and State Compliance Officer, and est. cost for the structural modifications required to partially mitigate the hydraulic effects of the bridge is $1.4 million.
2) City Consultants: He stated they are continuing work on the new raw water intake, that Webster, Foster & Weston has been working on the lift station locations (one in the Almonte area, Lift Station #1; and Lift Station #5 near the former St. Anne’s). He stated that Barr Engineering was approved to review alignment alternatives south of town.
3) Project Financing: Mr. Vein reported that the Senate did approve the Energy and Water Appropriations bill which included the $9 million for our project; the House Energy and Water Subcommittee will be marking up their version on the bill on July 15. He also reported that the City received $4.9 in assistance from EPA and still waiting to hear on the $6.5 which is the latest request that we made through EPA.
4) Acquisition Process: He stated that 759 of the estimated 918 parcels needed for the project within the city limits are acquired and have difference as we will continue to work toward acquiring all of the properties that are needed.
5) Greenway: He reported that two open houses and informational sessions are planned on July 13 in the city council chambers and on July 14 in East Grand Forks.
6) Interim Flood Protection Project: Mr. Vein reported that the Historic Commission has notified the City that the Lincoln Park Golf Course may qualify for inclusion on the National Register of Historic Places; that the Corps has been asked to review several additional alternatives as they are trying to work on the impasse between where the temporary alignment of the levee should be through the Lincoln Park Golf Course and hopefully that will go to the next Flood Protection Committee meeting. He stated that our contractors are working on the temporary flood project in the Central Park area and will be taking some bids on the sluice gates in the relative near future. He stated that informal discussions on the status of the Flood Protection project and Greenway with city of Grand Forks state senators and representatives took place on June 24, and are trying to do this on a regular basis to keep our own local legislators informed of the status of our project. He stated that today he spent time with the Pembina County Commission and Water Resource District meeting, and also with the Walsh County Commission and Water Resource District to review status of our project and what those impacts may be for them downstream.
Lonnie Winrich, Historic Commission, stated they haven’t made a definite determination of whether the Lincoln Park golf course is historical, that it may be the oldest golf course in the state, and that there are ten golf courses on the National Register elsewhere in the country, and possible it would qualify. He stated that the criteria that needs to be examined very carefully is whether or not it’s associated with a significant event in the history of the community or a significant person in the history of the community, and possibly have that determination within the next three or four months. The question was raised as to whether the permanent dike would have same effect on the golf course as the temporary dike whether the golf course is historical or not. Mr. Winrich reported that if the current projection for the location of the permanent dike goes ahead it would have an adverse effect on any historical property, that the Corps of Engineers as a federal agency would be required to address the issue of mitigation of that adverse effect; and stated that other mitigation avenues might be to support the development of another golf course, that generally the rule is that the minimum required of mitigation is a documentation of the historical property that is destroyed, beyond that it depends on what the City and the Park Board negotiate with the Corps of Engineers.
CONGRESSIONAL ADVISORY COMMITTEE REPORT
Council Member Hafner reported that the committee has not met since the last council meeting but there are two incentives left as of July 1, 76 houses sold and 52 with purchase agreements, leaving 66 unsold; and that the committee will be meeting July 7.
APPROVE MINUTES
Typewritten copies of the minutes of the regular meetings held on October 19, 1998, April 5, 1999, April 19, 1999, were presented and read. It was moved by Council Member Bouley and seconded by Council Member Beyer that these minutes be approved as read. Carried 14 votes affirmative.
ADOPT ORDINANCE NO. 3801, TO ANNEX PORTION
OF BIRKHOLZ SEVENTH ADDITION
An ordinance entitled “An ordinance to annex to the city of Grand Forks, North Dakota, the easterly 245 feet of Birkholz Seventh Addition to the city of Grand Forks, North Dakota”, which had been introduced and passed on its first reading on June 7, 1999, and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the ordinance adopted.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND ZONING MAP TO REZONE
AND INCLUDE WITHIN PERKINS 3RD PUD, CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, LOTS 2
3, BLOCK 1, PERKINS 5TH ADDITION, TO JULY 19, 1999
An ordinance entitled “An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan and to include within the Perkins 3rd Planned Unit Development (PUD), Concept Development Plan, Amendment No. 1, Lots 2 and 3, Block 1, Perkins 5th Addition, Grand Forks, North Dakota”, which had been introduced and passed on its first reading on May 17, 1999, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.
Mayor Owens called for the public hearing on the ordinance; there were no comments.
It was moved by Council Member Martinson and seconded by Council Member Beyer to extend the public hearing and second reading of the ordinance to July 19, 1999. Carried 14 votes affirmative.
CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO AMEND THE STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE REPLAT OF LOTS 2 AND 3, BLOCK 1, PERKINS
FIFTH ADDITION TO JULY 19, 1999
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 Replat of Lots 2 and 3, Block 1, Perkins Fifth Addition to the city of Grand Forks, North Dakota” which had been introduced and passed on its first reading on May 17, 1999, and upon which public hearing had been continued until this evening, was presented and read for consideration on second reading.
Mayor Owens called for the public hearing on the ordinance; there were no comments.
It was moved by Council Member Klave and seconded by Council Member Bouley to extend the public hearing and second reading of the ordinance to July 19, 1999. Carried 14 votes affirmative.
HOLD PUBLIC HEARING AND DETERMINE
INSUFFICIENCY OF PROTEST AND DIRECT THAT
RESOLUTION OF ANNEXATION OF KANNOWSKI’S
ADDITION AND OTHER PROPERTIES LOCATED ALONG
SOUTH COLUMBIA ROAD, 62ND AVENUE SOUTH AND SOUTH WASHINGTON STREET BE FILED AND
ANNEXATION ACCOMPLISHED
The city auditor reported the proper notice had been placed in the official newspaper publishing the resolution of annexation passed on May 17, 1999 and that the City has provided the required mailed notice to the individual property owners relative to the annexation of all of Kannowski’s Addition and other properties located along South Columbia Road, 62nd Avenue South and South Washington Street, and that the notice called for a hearing this evening for the purpose of hearing and determination of the sufficiency of any protests to the proposed annexation.
The city auditor reported that his office has received written petitions from property owners: Charles Bateman, Guy Useldinger, Jay and JoAnn Carlson, Zona B. Shanahan Revocable Living Trust, Heitmann Tree Farm, and from Mrs. Sagaser; that the Planning and Zoning Department has calculated the percentage of protest, that the total acres protested are 62.93 acres out of a total of 686 acres or 9.17% of the total acreage of the territory proposed to be annexed and that is an insufficient protest and does not rise to the level of 25%.
Mayor Owens called for the public hearing.
Patrick Fischer, attorney, stated he was appearing to protest on behalf of Georgia Heitmann, Dieter Heitmann and their daughters, Jan and Jill; that he sent a letter of protest to the city auditor with copies to the mayor and all members of the council. He stated that the Heitmann’s will derive no benefit from annexation but incur great expense in the form of taxation and other restrictions, regulations, etc. that are inherent in being part of the city entity. He stated they attended Planning and Zoning Commission meetings, etc. and were assured there would be no concern about annexation until 2015; and asked that the Heitmann property which is Lots 1, 2 and 3 of Haley’s First Subdivision, be excluded in its entirety from the annexation.
Jay Carlson, 6097 South Washington Street, stated they are part of the township and county community and at the time they built, they had to have five acre plots and provide their own sewer and water, now the City wants to encroach upon them and build a golf course; that their horse farm is not set up to be within the city; that the City cannot provide them with normal city services, that the golf course is urban sprawl.
Steve Sagaser, 6249 South Washington Street, stated that if their property was essential to the development of the golf course, it would make sense but an easement already exists along Highway 81 where infrastructure can and will be installed when necessary. He stated that annexing 140 ft. of property would leave him approx. 3 ft. within the County of Grand Forks, and is over 1.3 miles away; that impact of annexation would be an increase of 35% in taxes and that he will not benefit from the annexation and asked council to amend annexation to delete their property.
Pat Sagaser, RR 1, Box 143, or 6249 South Washington Street, protested annexation of their property, that the City doesn’t need the 140 ft. of their land for infrastructure to be put in, as it does have the easement, and City does have jurisdiction over their property (two-or three mile jurisdiction past city limits).
Grant Shaft, attorney, representing Jay and JoAnn Carlson, asked for clarification on recommendation from the Planning and Zoning Commission, with amendment to expand properties. Mr. Swanson stated that the council cannot expand the district for annexation, but the council can reduce the size of the annexation if it chooses to do so by amendment.
Marijo Deitz, 302 40th Avenue South, member of the Planning and Zoning Commission, stated they are discussing property of two families and one business, and would appreciate their taking the time and making the motion to reduce this amount of annexation to exclude these three.
Mayor Owens closed the public hearing.
It was moved by Council Member Carpenter and seconded by Council Member Glassheim that a finding of insufficiency of protest to the annexation be entered. Carried 14 votes affirmative.
Council Member Carpenter moved an amendment to the resolution that the Heitmann property would be annexed as of July 1, 2006, that the Carlson property be annexed on July 1, 2009 and the Sagaser property as of July 1, 2009, or the sooner of contiguous development. Council Member Brooks seconded the motion.
Council Member Carpenter explained that if properties adjacent to them develop and if that occurs before these dates, then they would be annexed as of those dates.
After further discussion it was moved by Council Member Hafner to amend the amendment to change the timeframe for the Deiter Heitmann property to 2009 and other two properties to 2014. Council Member Hamerlik seconded the amendment to the amendment.
After further discussion and upon call for the question on the amendment to the amendment and upon roll call vote the following voted “aye”: Council Members Carpenter, Bakken, Hafner, Hamerlik, Bouley, Glassheim - 6; voting “nay”: Council Members Lunak, Klave, Beyer, Babinchak, Martinson, Brooks, Polovitz, Lucke - 8. Mayor Owens declared the amendment to the amendment defeated.
It was then moved by Council Member Lucke to adopt the original Planning and Zoning Commission’s recommendation (on May 17, 1999), with boundaries in a map referenced in previous minutes (with the property as shown on Exhibit E in green would be annexed immediately, the property colored in lavender would be annexed in 2015 and the property as shown in light tan or yellow would be annexed in 2020 or annexed earlier if developed prior to 2015 and 2020. Council Member Martinson seconded the motion.
Dennis Potter, city planner, reviewed the Planning Commission’s recommendation which was to annex area in green (coming down Columbia Road to just south of the intersection of Columbia Road and 47th Avenue South) to annex Columbia Road down to 62nd Avenue South, 62nd Avenue South east to South Washington and come up South Washington including all the South Washington Street right of way, new Presbyterian Church, the sewer lift station and continue and take northbound on South Washington, take the 140 ft. on the east side of South Washington, the drainage ditch and the current adjacent property by it be annexed immediately; that in the year 2015 the Heitmann property and the property that lies immediately to the east and the rest of the property would be taken in the year 2020 and that would include property coming around to the south of the Presbyterian Church down the east side of Washington, including the 140 ft. of the Carlson property and 140 ft. of the Sagaser property, and everything south of 62nd Avenue South for a distance of 140 ft. would be taken in the year 2020 and then coming up the west side of Columbia to just south of 47th Avenue South in 2020 or whenever development occurs. It was noted that this includes all of the right of way on Columbia Road to the intersection of 62nd Avenue South, all the right of way on 62nd Avenue South, and then the right of way on South Washington up to the south city limits, right of way would be annexed immediately.
Upon call for the question on the amendment to the amendment and upon roll call vote, the following voted “aye”: Council Members Lunak, Klave, Beyer, Martinson, Brooks, Polovitz, Lucke, Hamerlik, Bouley - 9; voting “nay”: Council Members Babinchak, Bakken, Hafner, Glassheim, Carpenter - 5. Mayor Owens declared the motion carried.
It was then moved by Council Member Glassheim to amend the motion that we further amend the Planning and Zoning Commission recommendation to add the 140 ft. on the street rights of way and exclude the three properties that were discussed (Heitmann, Carlson and Sagaser). Council Member Hamerlik seconded the amendment.
Mr. Potter reported that they originally proposed the 140 ft. and everybody in the annexation process has been on notice, including the notice that was officially sent out by the city auditor’s office of the possibility of annexing that strip of 140 ft., which is legally on the table; that the discussion before the city council is essentially how much of that area that has been recommended to you by the Planning Commission is the council going to approve and under what time and circumstances.
Upon call for the question on the amendment and upon roll call vote the following voted “aye”: Council Members Klave, Beyer, Babinchak, Bakken, Hafner, Brooks, Hamerlik, Bouley, Glassheim, Carpenter - 10; voting “nay”: Council Members Martinson, Polovitz, Lucke, Lunak - 4. Mayor Owens declared the amendment approved.
Upon call for the question on the amendment as amended, and upon roll call vote, the following voted “aye”: Council Members Beyer, Babinchak, Bakken, Hafner, Martinson, Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave - 14; voting “nay”: none. Mayor Owens declared the motion carried.
Upon call for the question on the original motion, as amended, (on the time frame as recommended from Planning and Zoning with the area changed to add an additional 140 ft. excluding three parcels and also an addition based upon the first amendment, upon contiguous development criteria) and upon roll call vote the following voted “aye”: Council Members Babinchak, Bakken, Hafner, Martinson, Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer - 14; voting “nay”: none. Mayor Owens declared the motion carried and that the city auditor be and is hereby directed to file with the Grand Forks County Register of Deeds the resolution of annexation with appropriate map.
DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 570, PROJECT NO. 4940
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 570, Project No. 4940, paving on 45th Avenue south from 20th to 25th Streets and on South 25th Street from 45th to 47th Avenue South, had expired on July 1, 1999, and that he had received no written protests.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Babinchak introduced the following resolution as to protests which was presented and read: Document No. 7820 - Resolution.
It was moved by Council Member Babinchak and seconded by Council Member Bouley that we do hereby find and determine an insufficiency of protest against Paving District No. 570, Project No. 4940, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 4940, DISTRICT NO. 570
The city auditor presented and read the tabulation of bids which had been received and opened on June 28, 1999 for Paving Project No. 4940, District No. 570, paving 45th Avenue South from 20th to 25th Street and South 25th Street from 45th to 47th Avenues South, indicating that Valley Contracting was the low bidder based upon their bid in the amount of $252,900.75: Document No. 7821 - Bid Tabulation.
The city engineer’s estimate of total cost on Paving Project No. 4940, District No. 570, in the amount of $321,200.00, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4940, District No. 570, paving 45th Avenue south from 20th to 25th Streets and South 25th Street from 45th to 47th Avenues South, and recommended to accept the low bid of Valley Contracting in the amount of $252,900.75.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7822 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 4940, District No. 570, to Valley Contacting be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.
CONTINUE PUBLIC HEARING ON RESOLUTION
OF NECESSITY FOR PAVING DISTRICT NO. 568,
PROJECT NO. 5019, TO JULY 19, 1999
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 568, Project No. 5019, paving on South 26th Street from 36th to 37th Avenues South, on July 1, 1999, and that he had received no written protests. However, it was reported that the bid opening had been extended to July 12, 1999 and we should give the property owners an opportunity to see the bids and the cost of the project. It was moved by Council Member Babinchak and seconded by Council Member Klave that the hearing on the determination of protests be and is hereby continued to July 19, 1999. Carried 14 votes affirmative.
DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 569, PROJECT NO. 5022
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 569, Project No. 5022, paving alley in 900 block between South Washington Street and South 12th Street, had expired on July 1, 1999, and that he had received no written protests.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Hafner introduced the following resolution as to protests which was presented and read: Document No. 7823 - Resolution.
It was moved by Council Member Hafner and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Paving District No. 569, Project No. 5022, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.
RECEIVE TABULATION OF BIDS, ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 5022, DISTRICT NO. 569
The city auditor presented and read tabulation of bids which had been received and opened on June 28, 1999 for Paving Project No. 5022, District No. 569, paving alley in 900 block between South Washington Street and South 12th Street, indicating that Opp Construction, LLC was the low bidder based upon their bid in the amount of $14,166.00: Document No. 7824 - Bid Tabulation.
The city engineer’s estimate of total cost on Paving Project No. 5022, District No. 569, in the amount of $18,000.00, was presented and read.
Committee No. 3, Public Service, reported having considered the construction bids for Project No. 5022, District No. 569, paving alley in 900 block between South Washington and South 12th Streets, and recommended to accept the low bid of Opp Construction, LLC in the amount of $14,166.00.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7825 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 5022, District No. 569, to Opp Construction, LLC be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.
DETERMINE INSUFFICIENCY OF PROTEST ON
PAVING DISTRICT NO. 572, PROJECT NO. 5030
The city auditor reported that the period for filing protests on the resolution of necessity for the improvements in and for Paving District No. 572, Project No. 5030, paving in Rivers Edge Phase II, had expired on July 1, 1999, and that he had received no written protests.
Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.
Council Member Klave introduced the following resolution as to protests which was presented and read: Document No. 7826 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Beyer that we do hereby find and determine an insufficiency of protest against Paving District No. 572, Project No. 5030, as no protests were filed, and further that the resolution be and is hereby adopted. Carried 14 votes affirmative.
RECEIVE TABULATION OF BIDS , ESTIMATE OF
TOTAL COST AND AWARD CONTRACT, PAVING
PROJECT NO. 5030, DISTRICT NO. 572
The city auditor presented and read tabulation of bids which had been received and opened on June 28, 1999 for Paving Project No. 5030, District No. 572, paving Rivers Edge Phase II, indicating that Valley Contracting was the low bidder based upon their bid in the amount of $69,961.55: Document No. 7827 - Bid Tabulation.
The city engineer’s estimate of total cost on Paving Project No. 5030, District No. 572, in the amount of $88,900.00, was presented and read.
Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 5030, District No. 572, paving Rivers Edge Phase II, and recommended to accept the low bid of Valley Contracting in the amount of $69,961.55.
It was moved by Council Member Klave and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 14 votes affirmative.
Council Member Klave introduced the following resolution which was presented and read: Document No. 7828 - Resolution.
It was moved by Council Member Klave and seconded by Council Member Hafner that this resolution awarding the contract for Paving Project No. 5030, District No. 572, to Valley Contracting be and is hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the resolution adopted and the contract awarded.
REFER CONSENT AGENDA ITEMS TO COMMITTEE
It was moved by Council Member Bouley and seconded by Council Member Babinchak that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 14 votes affirmative.
Finance Committee:
1) matter of 1998 Comprehensive Annual Financial Report.
Urban Development Committee:
1) matter of request for extension of Phase III Rehab Program
2) matter of South 3rd Street change orders
3) matter of Mortenson change orders
4) matter of authorization to advertise for bids for abatement of Elks Condo Properties
5) matter of authorization to use CDBG funds allocated to School District acquisition for abatement and demolition of same properties
6) matter of authorization to demolish house at 609 South 5th Street with CDBG funds
7) matter of authorization to demolish house at 615 South 5th Street as a separate CDBG project
REPORTS OF OFFICERS
The city auditor’s statement of investment activity for the period ending June 30, 1999 was presented and read. It was moved by Council Member Martinson and seconded by Council Member Lunak that this report be and is hereby received and filed. Carried 14 votes affirmative.
APPROVE BILLS
Vendor Payment Listing No. 99-11, dated July 6, 1999, and totaling $1,795,546.30, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.
It was moved by Council Member Hamerlik and seconded by Council Member Bakken that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted “aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.
SUSPEND AGENDA
Council Member Hamerlik moved that we dispense with the reading of the motions and/or any of the recommendations unless a council member requests such to be read or pulled or if the minutes weren’t distributed last Friday or a meeting held recently and also request that if any member of the audience wishes something to be pulled, to be recognized and if acceptable to the chair. Council Member Hafner seconded the motion. Carried 14 votes affirmative.
Mayor Owens asked if there were any items under any of the committees that the council wishes to send back to committee prior to going through the agenda items.
John Warcup, 3301 Desert Star Lane, stated he was here in behalf of his father, Alan Warcup, 4404 16th Avenue North Circle and Craig Tweten, Community Contractors, concerning agenda item 7-25 c), plans and specifications for Storm Sewer Project No. 4582, District No. 380, storm sewer project for 16th Avenue North and 16th Avenue North Circle, and asked that this matter be referred back to committee so that various property owners in that area could meet with the committee and have input as far as the project and scope and what will be done in that area. Council Members Hafner and Klave asked that this matter be referred back to committee.
APPROVE APPLICATION FOR ABATEMENT OF
1998 TAXES AT 2450 SOUTH 38TH STREET
Committee No. 1, Finance, reported having considered the application for abatement of 1998 taxes by Laura Brueske, 2450 South 38th Street, and recommended approval of an abatement of 1998 taxes on 2450 South 38th Street from April 1 to the end of the year.
It was moved by Council Member Carpenter and seconded by Council Member Brooks that this recommendation be and is hereby approved and further that the findings, conclusions and recommendations as prepared by the city attorney be and are hereby adopted. Upon roll call the following voted ”aye”: Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting
“nay”: none. Mayor Owens declared the motion carried.
APPROVE HEALTH SANITATION JOB DESCRIPTIONS
Committee No. 1, Finance, reported having considered the matter of health sanitarian job descriptions, and recommended to approve the recommendations of the Environmental health Sanitarian I and II job descriptions as recommended.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE CHANGE TO GUIDELINES FOR PROPERTY
TAX EXEMPTIONS OF IMPROVEMENTS TO COMMERCIAL
AND RESIDENTIAL BUILDINGS
Committee No. 1, Finance, reported having considered the matter of possible changes to the guidelines for property tax exemptions of improvements to commercial and residential buildings, and recommended to modify the guidelines based on Mr. Carsen’s recommendation that we change the new addition language from “shall not” to “would” and that no other changes be made.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 14 votes affirmative.
AUTHORIZE PURCHASE OF Y2K GENERATOR
FOR POLICE BUILDING
Committee No. 1, Finance, reported having considered the matter of Y2K generator for police building, and recommended to authorize going out for bids for purchase or lease of a 400 kw generator for the police department.
Committee No. 2, Public Safety, reported having considered the matter of Y2K generator for police department, and recommended to proceed with the purchase of a 400 kw generator for the police building.
It was moved by Council Member Hamerlik and seconded by Council Member Brooks that this recommendation be and is hereby approved. Carried 14 votes affirmative.
APPROVE CONTRACT WITH LANGUAGE THAT
ANNUAL INCREASE BE NEGOTIATED WITH MAYOR
ON ANNIVERSARY DATE OF AGREEMENT WITH
FINAL APPROVAL OF COUNCIL SUBJECT TO AN
ACCEPTABLE PERFORMANCE REVIEW
Committee No. 1, Finance, reported having considered the matter of contract for fire chief, and recommended approval of the contract with the language that the annual increases shall be negotiated with the Mayor on the anniversary date of this agreement with final approval from the city council with all increases conditioned upon an acceptable performance review.
It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved.
Council Member Babinchak stated she had proposed an amendment at the committee meeting which was voted on with a tie vote and was not forwarded to council, and moved the amendment to the salary clause in the contract to include that “annual increases shall be negotiated with the mayor and the chairs of finance and public safety committee on the anniversary date of this agreement with final approval from city council with all increases contingent upon performance review.” and that the Budget Framework negotiates the raises with the other employees under Civil Service and wanted to bring more continuity when it comes to the committee. Council Member Brooks seconded the motion.
Council Member Carpenter urged defeat of the amendment, that the Mayor negotiated this contract with Mr. O’Neill in good faith and should allow the mayor to determine if the performance has been there and what the compensation should be to that department head who’s now under a contract basis, should put more prerogative in the executive branch as they deal with daily operations of the city and should reserve that ability to the mayor. It was noted that provision is not in any of the other contracts.
Council Member Hamerlik stated that at the finance committee meeting they were discussing that it was in consultation rather than as a negotiating team of three people; Council Member Babinchak stated that the mayor would consult with the two committee chairs.
After further discussion and upon call for the question on the amendment and upon roll call vote, the following voted “aye”: Council Members Babinchak, Bakken, Brooks, Lucke, Hamerlik, Beyer- 6; voting “nay”: Council Members Hafner, Martinson, Polovitz, Bouley, Glassheim, Carpenter, Lunak, Klave - 8. Mayor Owens declared the motion defeated.
Upon call for the question on the original motion, and upon voice vote, the motion carried 10 votes affirmative; Council Members Babinchak and Beyer voted against the motion.
INTRODUCE TECHNICAL CORRECTIONS
ORDINANCE AMENDING SPECIFIC SECTIONS
OF THE CIVIL SERVICE CODE
Committee No. 1, Finance, reported having considered the matter of technical corrections ordinance amending specific sections of the Grand Forks Civil Service Code, and recommended approval of the technical corrections packet as amended requiring the mayor to consult with department heads before there is movement across departments and introduce for first reading.
It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved.
Council Member Carpenter stated this is a technical corrections ordinance and relates to discussion that occurred in finance committee as amendment to the Civil Service Code that relates to negotiations with Mr. O’Neill for the fire chief position and a request from him and the mayor to amend the Code to allow his going back on the re-employment register under certain conditions, in effect if he vacated the fire chief’s position; and moved to amend the Civil Service Code sections 6-0514(b)(4) to include the following language, “…Current Civil Service employees who accept an appointment to a contracted position with the City of Grand Forks shall be placed on the re-employment register and be considered for a maximum of the two most recent positions formerly held in the Civil Service system. The effective date of the re-employment certification will be the date that the position is vacated.” Council Member Hafner seconded the motion.
Mr. Swanson reported that the re-employment register is dependent upon an opening, this motion changes in two aspects the re-employment register that does not exist now, the motion before you is a mandatory re-instatement on the re-employment register, and there is no discretion by any individual except upon request by that contracted employee, that right now the only way you can get on the re-employment register is if your department head approves it, but also requires concurrence of the mayor. Under the motion, the mayor would have no say nor would a department head have any say if it were a contract employee below the level of department head. The second change from present policy is that the present Code only allows you to re-employ to the former position in the Civil Service Code, this amendment allows you to go to two most recent positions you held, and if there is no opening, there is no re-employment, and if there is an opening anytime within that one year period of time, they have the highest priority.
Mr. Swanson stated it will apply beyond department head level, that it is his opinion that this would apply to any SNA employee that presently is under contract with the City that had previously left a civil service position, they would now have the ability to go on a re-employment register for their past two positions but would not apply to somebody hired from the outside under a contract that had not previously held a civil service position.
Mr. Swanson stated that any employee on a re-employment register will have preference and if there are multiple employees on the same re-employment register they will be ranked in order of seniority. Council Member Bakken stated that he supported the motion but that he didn’t want it to go to other SNA positions but just pertain to contracted department heads. He stated they have two contract positions because don’t feel that civil service is working properly, that should change civil service and not hire through contract.