City of Grand Forks, North Dakota

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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
November 13, 2000

The city council of the city of Grand Forks, North Dakota met in special session in the council chambers in City Hall on Monday, November 13, 2000 at the hour of 6:00 o’clock p.m. with Mayor Brown presiding, pursuant to call by Mayor Brown, which was served on all members on November 10, with the exception of Council Member Hoff, who refused to sign/accept the notice. Present at roll call were Council Members Brooks, Bjerke, Hamerlik, Burke, Glassheim, Lunak, Christensen, Babinchak, Bakken, Kreun - 10; absent: Council Members Hoff, Gershman, Martinson - 3.

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 advised that the meeting is being taped.

COUNCIL MEMBER KLAVE REPORTED PRESENT

Mayor Brown recognized Delmore C. Fontaine, who passed away last week, November 9, 2000; that Mr. Fontaine worked for the City from June 30, 1947 until January 27, 1995 - 48 years and served under Mayors Harold Boe, Oscar Lunseth, Dr. Nelson Youngs, Hugo Magnuson, C.P. O’Neill, H. C. “Bud” Wessman and Michael Polovitz; that this is to recognize his loyal service and that our feelings are with his family.

CANVASS AND CERTIFICATION OF RECALL ELECTION
RESULTS

Mayor Brown appointed the members of the city council as the canvassing board to canvass results of the votes cast in the several precincts in Ward 2 of the city in the special election held in conjunction with the November 7 general election.

The city auditor reported that his office had received returns from the three precincts of Ward 2 on the results of the special city election; and presented certificates of the canvass of ballots on the several precincts of Ward 2 of the city with instructions to the canvassing board to confirm the numbers on those sheets with the vote tabulation summary, that when they have completed the verification, to sign and date the canvas certificates they have received. He stated he received 7 absentee ballots that were received by the County Canvassing Board when they met this morning at 9:00 a.m. and he will distribute those to the canvassing board to include in the tally.

The canvassing board submitted the following report: Document No. 8057 - Report.

It was moved by Council Member Babinchak and seconded by Council Member Lunak that the canvass of the ballots for Ward 2 be and are hereby verified and adopted as the official canvass of the votes cast in the special city election. Upon roll call the following voted “aye”: Council Members Brooks, Bjerke, Hamerlik, Burke, Glassheim, Lunak, Christensen, Klave, Babinchak, Bakken, Kreun - 11; voting “nay”: none. Mayor Brown declared the motion carried.

ADMINISTER OATH OF OFFICE TO COUNCIL
MEMBER FOR WARD 2

Alternate Judge Jack Widdell administered an oath of office to the newly elected member of the city council for the balance of the two-year term expiring in June, 2002: Lowell P. Stevens.

Council Member Stevens was seated as council member for Ward 2; with 12 members present.

RECESS TO COMMITTEE OF THE WHOLE

It was moved by Council Member Hamerlik and seconded by Council Member Glassheim that we recess to committee of the whole. Carried 12 votes affirmative.

RECONVENE AS CITY COUNCIL

Mayor Brown reconvened the city council meeting after adjournment of the committee of the whole meeting, with all members present.

INTRODUCE ORDINANCE RELATING TO CITY COUNCIL
MEETINGS, STANDING COMITTEES AND RULES OF
PROCEDURE

Council Member Burke moved introduction and approval of an ordinance as presented, the motion was seconded by Council Member Lunak.

Council Member Glassheim moved an amendment to the proposed ordinance on page 2 under the Agenda item on line 3 - it shall be delivered as designated by the mayor not later than 5:00 p.m. seven days prior to the next regular city council meeting. The motion died for lack of a second.

Council Member Glassheim moved an amendment to the proposed ordinance on page 2, section (4), to delete the underlined portion and to restore portion in (A), (B) and (C). Council Member Hamerlik seconded the motion.

Council Member Glassheim stated that the ability to suspend the agenda by two-thirds vote allows the council whatever flexibility it reasonably needs, any time there has been a public reason to change the agenda they have done so and it can be done when it’s obvious that it needs to be done; and if in the next few weeks the administrative coordinator or the mayor or other council people have ideas for changing what he wants to leave in, that can be done by amendment to keep in ordinance some structure which is then agreed upon; and that he doesn’t find the process of making change which are obviously needed.

Council member Bjerke moved to the question; Council Member Burke seconded the motion. The motion was defeated.

Mr. Warne reported that they have distributed a proposed order of business and gave each council member a three-ringed binder that showed the order of business and reviewed that with each of the council members and the mayor, and is substantially different than what we have here, and that everybody seemed to be comfortable with that order of business, and stated that as they get into this process and don’t feel comfortable about the order of business that’s been proposed that they can make a change rather than lock it in by ordinance, and urged the council not to approve the amendment and to provide them the maximum flexibility.

Council Member Bakken moved to amend the ordinance to retain item C “…except upon a motion to suspend the agenda approved by two thirds (2/3) of all members present.” in the ordinance, and that way it allows council to suspend the agenda if they still want to; Council Member Klave seconded the motion. Mr. Swanson stated that he would interpret the motion by Council Member Bakken to be an amendment to the motion made by Council Member Glassheim. Mr. Swanson stated that the language would be more appropriate “that any agenda shall not be changed except upon a motion to suspend the agenda approved by two-thirds (2/3) of all members present.” Upon voice vote the motion carried 11 votes affirmative, Council Member Bjerke voted against the motion.

Upon call for the question on the amendment before council (to amend subsection (4) of Section 2-0301 to provide the first part or subsection (A) The order of business shall be determined under the direction of the mayor and consultation with appropriate staff and the city council. and subsection (B) would be the new language that formerly was (C). Carried 12 votes affirmative.

Council Member Glassheim moved an amendment to the ordinance on page 3 relative to recessing or adjourning and going to work session and then taking final action on anything that appears on the agenda at a work session, would add in the line starting “a council meeting. and would add “.with a vote of two-thirds the council may take final action upon any matter appearing on the agenda at such work session.”; again trying to protect this from a majority, just changing gears too quickly and people not knowing where we are or not having time to digest something, and moved to adding that language with a vote of two-thirds of the council, the council may take final action. Council Member Bakken seconded the motion. Mr. Swanson clarified the amendment, that they’re intending is that the two-thirds vote would be first a procedural vote in order for the council to take final action, but not intending to change the substantive vote that may be required to adopt whatever resolution; Council Member Glassheim agreed. Mr. Swanson stated it would be two-thirds or unanimous vote of those members present, not of the entire body.

Mr. Warne stated that with moving items from the Planning Commission to the city council, need to have the ability so that they don’t slow down development, to be able to introduce as first reading at the work meeting. Mr. Potter stated that it takes two-thirds to take final action and he is asking that they preserve the ability to introduce ordinances and that would allow the Planning and Zoning Commission to operate within its normal sixty-day cycle when dealing with ordinance introduction and final passage. Mr. Swanson stated this particular provision deals with final action, farther in the ordinance there is a specific provision allowing for the preliminary approval and introduction of an ordinance.

Upon call for the question and upon roll call the following voted “aye”: Council Members Hamerlik, Glassheim, Klave, Babinchak, Bakken, Kreun - 6; voting “nay”: Council Members Bjerke, Stevens, Burke, Lunak, Christensen, Brooks - 6. Mayor Brown voted to break the tie vote, voted against the motion and declared the motion defeated.

Council Member Glassheim stated that on page 4, subsection (B) under Section 2-0301 Summary Action Calendar, it states that the mayor, city coordinator or any member of the council may object and take it off the summary action, and moved to add in “department head” to that list of those who could take something off the summary action calendar. Council Member Hamerlik seconded the motion.

After some discussion and upon call for the question and upon voice vote, the motion was defeated.

Council Member Burke asked that the city attorney provide an ordinance for the council to meet on a Wednesday if the appointed council meeting fell between a weekend and a Tuesday holiday.

After some discussion Council Member Burke withdrew his motion.

Council Member Babinchak moved an amendment to change the effective date of the ordinance to February 1, 2001; and that they could proceed with the resolution items directing staff to do the administrative items that are to be curtailed and to wind down the agenda items but doesn’t think there’s an immediate need that they go to the ordinance by December 1. Council Member Klave seconded the motion.

COUNCIL MEMBER BROOKS EXCUSED

After some discussion and upon call for the question on the amendment and upon roll call vote the following voted “aye”: Council Members Hamerlik, Glassheim, Christensen, Klave, Babinchak, Bakken - 6; voting “nay”: Council Members Stevens, Burke, Lunak, Kreun, Bjerke - 5. Mayor Brown declared the motion carried.

Upon call for the question on the original motion, and upon voice vote the motion carried 10 votes affirmative, Council Member Bjerke voting against the motion.

Council Member Christensen introduced the ordinance entitled “An ordinance amending Sections 2-0101, 2-0301, and 2-0302 and repealing Section 2-0201 of the Grand Forks City Code heretofore effective relating to city council meetings, standing committees, and rules of procedure”, which was presented, read and passed on its first reading.

ADOPT RESOLUTION DELEGATING ITEMS FORMERLY
ACTED UPON BY CITY COUNCIL TO DEPARTMENT HEADS
WITH APPEAL AUTHORITY TO THE ADMINISTRATIVE
COORDINATOR, MAYOR AND CITY COUNCIL

The matter of the proposed resolution delegating items formerly acted upon by the city council to department heads with appeal authority to the administrative coordinator, mayor and city council was presented to the city council.

Council Member Kreun asked that the council look at the matter of change orders and to put it into effect with no council action if the total dollar amount for change orders does not exceed 15 percent of the bid award for contracts, or leases under $500,000, and 10% percent for contracts or leases over $500,000, with city council approval if scope of the project changes, rather than the 5 percent. He stated there are change orders that either increase or decrease the cost and most items that are technically bid for construction come within those guidelines, and it will give the staff more flexibility and more responsibility. Council Member Kreun moved an amendment to the resolution. Council Member Klave seconded the motion.

After some discussion and upon voice vote, the motion carried 11 votes affirmative.

Council Member Babinchak moved an amendment under Claims and Lawsuits to include the mayor and to delete administrative coordinator. Council Member Hamerlik seconded the motion. Carried 11 votes affirmative.

There were some questions as to Extended Employee Leave, whether that was without pay. It was moved by Council Member Babinchak and seconded by Council Member Christensen to include as Extended Employee Leave Without Pay.

Mr. Swanson stated they may run into conflict with an ordinance because there are provisions where employees may utilize sick leave under the family member leave act and not sure how specific they want to get into this delegation, and believes this mimics an existing Code provision.

Council Member Babinchak and Council Member Christensen withdrew their amendment and moved to delete this section from the resolution. Carried 11 votes affirmative.

COUNCIL MEMBER BURKE EXCUSED

The city auditor reported that under the Temporary Gambling License and Permits, Gambling License Site Location Renewals are presently approved by the Finance and Administrative Services Department. It was so moved by Council Member Babinchak and seconded by Council Member Bakken that the resolution be amended. Carried 10 votes affirmative.

Council Member Glassheim questioned Section 2. Appeal. that the line of authority is to elected official, ie., the mayor or his designee but that basically the authority comes from the mayor, and some language to explain that the mayor takes an appeal, and then if not satisfactory to the appellant they can go to the council.

COUNCIL MEMBER BURKE REPORTED BACK

Mr. Warne stated that there are a number of issues that have come up and he is able to meet with a department head and work them out, that he was hoping that he could sit down with the department head, listen to the appeal and render a decision and if the person still wasn’t satisfied, it could go on to the mayor for a final administrative decision, and could appeal to the city council; and that he would hope they would allow him to work things out with people and the department heads before it proceeded along to an elected official.

Council Member Glassheim moved to delete matters referred in Section 2 maybe made and delete “to the administrative coordinator” so that it would read “..may be made first to the mayor or his designee..” but wanted it stated clearly that the line of authority is from the mayor. Mr. Warne stated he would like to be in the appeal process, not excluded; and thinks that he can resolve with department heads numerous items before they get to the mayor, and if not satisfied with his decision, he still has the opportunity to go to the mayor and to the city council and having him in the process doesn’t diminish the power of the mayor or diminish the opportunity for the council to reverse a decision made by the administrative staff. The motion died for lack of a second.

Council Member Hamerlik suggested that it should be in the event that it’s settled with the administrative coordinator and shouldn’t come to the city council; and if not settled the mayor has the jurisdiction, and lastly the city council, and are three appeals, and the way it reads there is one appeal, and appeal first to the coordinator, secondly to the mayor and thirdly to the council, and so moved and included as a friendly amendment that that appeals of decisions made by department heads must first be appealed to the department head, secondly to the administrative coordinator, thirdly to the mayor and lastly to the city council. Council Member Bakken seconded the motion. Carried 11 votes affirmative.

Mr. Swanson stated that in the section on Appeals and in the last sentence should change the word “shall” to “should”. It was so moved by Council Member Babinchak and seconded by Council Member Bakken. Carried 11 votes affirmative.

Mr. Swanson reported that on page 3, Moving Permits, that under our City Code there are certain structures that can be moved by the issuance of a permit without a public hearing, other structures, frame type buildings, do require a formal hearing in front of the council, with publication requirement, and his interpretation of this is that the Inspections will only be allowed to issue the permit where there is not a formal hearing requirement in front of council and may want to give some consideration as to whether you continue to hold public hearings on moving permits, and that there is a distinction.

Council Member Babinchak and Council Member Christensen moved to amend the language under Appeal to change Section 2 to Section 1. Carried 11 votes affirmative.

Council Member Christensen moved that Section 2, Appeal, should read “Appeals of decisions…” rather than Appeal to decisions. Council Member Kreun seconded the motion. Carried 11 votes affirmative.

Council Member Bakken moved that the city attorney in reviewing the resolution to make language changes and put in proper order if needed, with changes to be reviewed at the next meeting if necessary. Council Member Babinchak seconded the motion. Carried 11 votes affirmative.

Council Member Babinchak introduced the resolution, as amended, which was presented and read: Document No. 8058 - Resolution.

It was moved by Council Member Babinchak and seconded by Council Member Kreun that this resolution be and is hereby adopted. Carried 11 votes affirmative.

ADJOURN

It was moved by Council Member Klave and seconded by Council Member Bakken that we do now adjourn. Carried 11 votes affirmative.

Respectfully submitted,

John M. Schmisek
City Auditor

Approved:
_________________________________
Michael R. Brown, Mayor