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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
December 15, 2003

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, December 15, 2003 following the meeting of the JDA at the hour of 7:00 o’clock p.m. with President Gershman presiding. Present at roll call were Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; absent: none.

President Gershman 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.

President Gershman commented on various events during the past week and upcoming events.

He stated our hearts and prayers are with the Sjodin family and will remain with them until we bring Dru home.
Congratulations to UND football team and coaches for an amazing year and everyone should be proud of their efforts and this year's accomplishments.
He reported that the city calendar has come out and was mailed to citizens, and it includes important information about refuse, recycling collection, street cleaning, mosquito control and other city services and this is the second year the City has done this calendar and one way working to insure that we communicate with the community and focus on government's priority effectively and efficiently serving the residents.

He stated there is one issue under proclamations, that there is a resolution in front of you in opposition to inclusion of sugar provisions in CAFTA and asked for suspension of the agenda to add this item for consideration.

Council Member Kreun moved and Council Member Glassheim seconded to suspend the agenda to include this item. Carried 7 votes affirmative.

President Gershman read the resolution. Document No. 8306 - Resolution.

Council Member Christensen moved adoption of the resolution, Council Member Kerian seconded the motion.

Council Member Brooks stated he is in favor of this, that this is a new area for council as we are looking at the region and would like to see more of this coming forward, supports this but believes there are others in terms of neighboring towns, other industries in our area, etc. and need to begin to look regionally and support regionally and be a leader regionally.

Council Member Kreun this became more critical in the last few days and the people that are involved with it are asking us to join in because it is huge economic impact on our region and community and is moving quite fast and not being taken as seriously as first anticipated, and wasn't to be part of this program but has been brought back in and they are asking us and other political bodies to pass a resolution and make our voice heard in Washington.

It was noted that this resolution would be sent to our congressional delegation, Ambassador Robert Zoellick and to President Bush

Council Member Kerian stated that citizens can write their own letters commenting on this and that can sometimes have even more impact than governmental bodies and to encourage others to do the same.

Upon call for the question of adoption of the resolution and upon voice vote, the resolution carried 7 votes affirmative.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE AMENDING SECTION 18-0211, R-4
MULTIPLE-FAMILY RESIDENCE, HIGH DENSITY,
DISTRICT, SUBSECTION 3, CONDITIONAL USES ALLOWING
EXISTING NEIGHBORHOOD CONVENIENCE GROCERY AND
AUTOMOBILE SERVICE BUSINESSES TO JANUARY 20, 2004

An ordinance entitled "An ordinance amending the Grand Forks City Code of 1987 as amended; Chapter XVIII, Land Development Code; Article 2, Zoning; Section 18-0211 R-4 Multiple-Family Residence, (High Density) District, Subsection 3 Conditional Uses to allow existing neighborhood convenience grocery and automobile service business by conditional use permit", which had been introduced and passed on its first reading on September 15, 2003 and upon which public hearing and second reading had been continued until this evening, was presented and read.

Dennis Potter, city planner, stated that he and the city attorney have been in conversation about this, and asked that the council continue the public hearing and second reading of the ordinance to January 20, 2004, that the Planning Commission will consider a revised ordinance based on conversations with the city attorney.

It was moved by Council Member Kreun and seconded by Council Member Kerian to continue public hearing and second reading of the ordinance until January 20, 2004. Carried 7 votes affirmative.

PLEDGE ALLEGIANCE TO THE FLAG

Council Member Kerian led the city council in the pledge of allegiance to the flag.

APPROVE TRANSFER OF ALCOHOLIC BEVERAGE
LICENSE FOR JOE DIMAGGIO'S SPORTS CAFÉ

The staff report from the finance department relating to application for transfer of liquor license, Class 4- Food and Beverage Establishment, from Joe DiMaggio's Sports Café, 118 North 3rd Street to Joe DiMaggio's Sports Café (Jodi DiMaggio and Gary Cariveau, Jr.), 118 North 3rd Street, with recommendation to approve issuance of the license contingent upon the approval of the city attorney and sign off by appropriate departments.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved.

Council Member Gershman asked to be recused from voting on this item, and it was so moved by Council Members Kreun and Glassheim. Carried 6 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Gershman recused.

APPROVE CHANGE ORDER NO. 2, PROJECT NO.
5416, 2003 STORM AND SANITARY SEWER REPAIRS

The staff report from engineering department relating to Change Order No. 2 for Project No. 5416, 2003 Storm and Sanitary Sewer Repairs, with recommendation to approve Project No. 5416,
Change Order No. 2, for Molstad Excavating in the amount of $5,634.00.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Upon roll call the following voted "aye"; Council Members Brooks, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. President Gershman declared the motion carried.

ADOPT 2004 SALARY PLAN

The staff report from Mayor Brown relating to 2004 Salary Plan, with recommendation to approve the 2004 Salary Plan.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

ADOPT POST-EMPLOYMENT HEALTH PLAN

The staff report from the Pension and Insurance Committee relating to matter of post-employment health plan, with recommendation that council approve the adoption of the plan with ICMA-RC contingent on review of city attorney and authorize appropriate staff to execute the agreement.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

APPROVE BUDGET AMENDMENTS

The staff report from the Office of Urban Development to increase revenue by approved project expenses from State HOME funds in the amount of $291,820.00.

The staff report from the Office of Urban Development to increase 106 Budget to reflect program income in the amount of $150,000.00.

The staff report from the Office of Urban Development to set up budget for River Street property sold in the amount of $195,458.00.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that these recommendations be approved. Carried 7 votes affirmative.
APPROVE WATERWORKS CAPITAL RESERVE
FUND ALLOCATION

The staff report from the finance department and the public works department relating to Waterworks Capital Reserve Fund allocation with recommendation to transfer $3,498,230 from the Waterworks Enterprise Fund cash balance to a Waterworks Capital Reserve Fund.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

ACCEPT PETITION TO VACATE STREETS, ALLEYS
AND EASEMENTS IN LINDSAY'S ADDITION LYING WITHIN
LOTS EAST OF ALMONTE AVENUE, SOUTH OF 8TH
AVENUE SOUTH TO LINCOLN DRIVE

The staff report from the Planning and Zoning Commission relating to petition on behalf of the City of Grand Forks, North Dakota, to vacate streets, alleys and easements in Lindsay's Addition, lying within lots east of Almonte Avenue, south of 8th Avenue South to Lincoln Drive, with recommendation to set a public hearing date as required by law.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required and the public hearing be set for Tuesday, January 20, 2004. Carried 7 votes affirmative.


ACCEPT PETITION FOR VACATION OF PUBLIC
R/W AND BIKEWAY AND PEDESTRIAN WALKWAY
EASEMENT IN LOT E, BLOCK 1, COUNTRYVIEW
SECOND RESUBDIVISION OF A REPLAT OF LOTS 9-14,
BLOCK 2 AND LOTS 12 AND 13, BLOCK 1, COUNTRYVIEW
FIRST RESUBDIVISION AND UNPLATTED PARTS SOUTH
THEREOF

The staff report from Planning and Zoning Commission relating to petition from Doug Herzog, CPS LTD. and the City for approval to vacate public right of way and 20-foot bikeway and pedestrian walkway easement being a part of Lot E, Block 1, Countryview Second Resubdivision of a replat of Lots 9 through 14, Block 2 and Lots 12 and 13, Block 1, Countryview First Resubdivision and unplatted parts south thereof to the city of Grand Forks, North Dakota, with recommendation to set a public hearing date as required by law.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, and that a notice of public hearing be published as required and the public hearing be set for Tuesday, January 20, 2004. Carried 7 votes affirmative.

APPROVE PRELIMINARY PLAT, AND INTRODUCE
ORDINANCE TO AMEND STREET AND HIGHWAY PLAN
TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF AUDITOR'S SUBDIVISION NO. 36

The staff report from the Planning and Zoning Commission relating to request on behalf of the City of Grand Forks, ND for preliminary approval of plat of Auditor's Subdivision No. 36 to the city of Grand Forks, North Dakota (located at areas east of Almonte Avenue south to Lincoln Drive), with recommendation to give preliminary approval of the plat, subject to the conditions shown on or attached to the review copy, including an ordinance amending the Street and Highway Plan, and to schedule a public hearing for January 20, 2004.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

Council Member Kreun 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 Auditor's Subdivision No. 36, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND ZONING MAP
TO INCLUDE WITHIN THE A-2 (AGRICULTURAL RESERVE)
DISTRICT LOTS 3 THROUGH 6, BLOCK 2, LOTS 4 THROUGH
6, BLOCK 3, AND ALL OF BLOCK 5, WALSH'S INDUSTRIAL
SITE NO. 1

The staff report from the Planning and Zoning Commission relating to request from Frank and Lucille Matejcek, et al, for preliminary approval of an ordinance to amend the zoning map to exclude from the I-2 (Heavy Industrial) District and to include within the A-2 (Agricultural Reserve) District Lots 3 through 6, Block 2, Lots 4 through 6, Block 3, and all of Block 5, Walsh's Industrial Site No. 1 (located between 27th Avenue North and 33rd Avenue North and between North 32nd Street and US Highway 81 North), with recommendation for preliminary approval to the ordinance and to set a public hearing date for January 20, 2004.

It was moved by Council Member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Carried 7 votes affirmative.

Council Member Kreun introduced the ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the I-2 (Heavy Industrial) District and to include within the A-2 (Agricultural Reserve) District Lots 3 through 6, Block 2, Lots 4 through 6, Block 3, and all of Block 5, Walsh's Industrial Site No. 1, Grand Forks, North Dakota", which was presented, read and assed on its first reading.

AUTHORIZE FUNDS FOR UNIVERSITY OF NORTH
DAKOTA STUDENT OUTREACH PROGRAM

The staff report from the Urban Development Department relating to University of North Dakota Student Outreach Program, with recommendation to authorize $100,000 to the University of North Dakota for its Student Outreach.

Council Member Christensen reported that this matter had been referred to the Growth Fund Committee and a presentation was made by Dr. Boyd and Ms. Hoffarth concerning various activities of the University as pertains to their continued student recruitment and appears they will achieve their goal; that it was the recommendation of the Growth Fund Committee to refer this back to the city council as it is not within the Growth Fund's policy procedures. He stated having listened to their plan and implementation and the need for additional funds, moved that we approve the University's request for $100,000 to complete its student outreach program, and asked that the University give the council a report from them re. their enrollment as soon as they have hard numbers available for the academic year 2004-05 and if they feel that the program has to continue that they come to us much sooner than December, 2004. Council Member Hamerlik seconded the motion.

Council Member Brooks asked where funding would be from. Council Member Christensen stated that based upon information from the city auditor that they will take the money from the potential carry forward from 2163 this year with no budget amendment.

Council Member Kreun stated this is not just a gift to the University of North Dakota but an economic engine that has driven our community quite rapidly in last few years and from an economic standpoint and business standpoint we are re-investing in our community and that people in the educational arena need reinforcement and need to bring in higher educational requirements, that by doing this we have upgraded our students academically and raised quality of economical value of our system

Upon call for the question and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Glassheim, Christensen, Kerian, Kreun, Gershman - 7; voting "nay": none. President Gershman declared the motion carried.

HOLD LEASE AGREEMENT WITH PARK DISTRICT
FOR LINCOLN DRIVE PARK

The staff report from the engineering department relating to lease agreement with the Park District for Lincoln Drive Park, with recommendation to approve the lease agreement between the City of Grand Forks and the Grand Forks Park District.

President Gershman stated that this item was being held.

Council Member Christensen reported they had received e-mail from the city engineer re. some comments Mr. Swanson has to the proposed plat and the retention of the ownership of the streets in Lincoln Drive Park and that it appears that the staff recommendation will be that the lease will be for a one year period and have a lease with the Park District for one year on this parcel of ground until the balance of the park comes in and then consolidate and will be doing that in January.

APPROVE 2004 SPECIAL EVENTS PROGRAM

The staff report from Office of Urban Development relating to 2004 Special Events Program, with recommendation to approve special events committee funding recommendations for 2004 Special Events Program.

Council Member Glassheim reported they had $100,000 allocated and committee met and that one of the applicants, Prairie Rose Games, was not funded and moved approval of the recommendations of the committee and in addition add $5,000 from 2163 and apply it to the Prairie Rose State Games. Council Member Kreun seconded the motion.

Council Member Hamerlik reported they had 15 applications and all were worthy projects and specifically the one that was just added but concern that if the council has extra money why wasn't that available to committee. He stated that when people who didn't sit through testimony decide that they have a positive interest and if there is extra money that perhaps it could be distributed some other way as the members of that committee turned down virtually all applicants because all were reduced. He stated it was disappointing when they single out one of several applicants that were turned down, and has difficulty with the process and questioned how they came up with the funding. He noted that the council is the final authority and that perhaps in the future they should take it directly to the committee of the whole

Council Member Brooks stated concern and that if we need to reconsider what is being done by the committee, should stay with the $100,000, if not, that opens up every one of these where we are giving less than requested - need to stay within the budget.

Council Member Kerian stated that the council does have the final voice, that there were significant contributions to all of them, with only two applications who were not funded, that Prairie Rose Games only funded once every four years and if City can help to make it successful and sometimes make exceptions and this is an exception as this is an important event for the city.

Council Member Glassheim stated the only point he sees is whether the City should be involved in sponsoring Prairie Rose and the reason that it was funded for $5,000 rather than $8,000 and thought that was fair because many of the applicants who received funding were reduced from their request.

Council Member Brooks stated his concern was that set a budget of $100,000 and now going over it, and moved an amendment to the motion to reduce by $1,000 the five top receivers which includes the Sertoma Club, First Night, Downtown Leadership Group, Forks Classic and UND Indian Association by $1,000 each so that we will stay within the $100,000 allocation. Council Member Kerian seconded the motion.

After further discussion Council Member Hamerlik called for the question, which carried.

Upon call for the question on the amendment to the motion by Council Members Brooks and Kerian to amend the recommendation to reduce by $1,000 each of the top five receivers.

Council Member Kerian asked if she could withdraw her second to the amendment. Mr. Swanson stated that once they have called the question and moved forward to it and the matter is before the body for a vote, it is too late to withdraw the second.

Upon call for the question on the amendment and upon voice vote, the motion was defeated with Council Member Brooks voting for the amendment.

Upon call for the question on the original motion which is to add $5,000 from Fund 2163 for Prairie Rose and to approve the committee recommendation. Upon voice vote the motion carried, Council Members Brooks and Hamerlik voted against the motion

PRESIDENT GERSHMAN RELINQUISHED CHAIR
MAYOR BROWN PRESIDING

APPROVE TRANSFERRING ADMINISTRATION OF
CITY'S RENAISSANCE ZONE TO OFFICE OF URBAN
DEVELOPMENT, AND REFER EXPANSION OF THE
ZONE BOUNDARIES TO URBAN DEVELOPMENT
HOUSING COMMITTEE

The staff report from the Office of Urban Development and Planning Department relating to Renaissance Zone expansion and administration, with recommendation to authorize transferring the administration of the City's Renaissance Zone from the Planning Department to the Office of Urban Development, and to authorize staff to proceed with expanding the Zone boundaries by 9 blocks as authorized by state legislation (which must be continuous and contiguous to the current RenZone boundaries, the blocks proposed for inclusion were selected because they offer the best potential for development and tax base expansion, these blocks are primarily residential and include several City-owned residential properties).

Council Member Christensen stated he is not sure there is an urgency in the expansion of the Renaissance Zone and if we should expand it to the west along University Avenue, did not get the lots that could be developed in the proposed renaissance zone and how that would enhance the development of those lots and would like more time to study the expansion of the Renaissance Zone before making a decision.

He stated that the current purchasing of infill lots in the intercity of Grand Forks has really been successful and are pleased that these lots are being purchased and that affordable housing is being built and if one of the main reasons for expanding the renaissance zone is to the south and east as proposed, and if couldn't expand it another block to the north and west and down University Avenue, that he has been getting some requests as far as what type of housing if any could be built along the river once the dike is finished, and have other issues before we develop this policy and moved to table this until the public safety/service committee and Urban Development committee have an opportunity to review this and come back with another recommendation.

Mr. Potter stated he and Mr. Hoover agree with holding the concept of expanding the specificity of those lines for additional analysis but would ask that they bifurcate the situation and approve the transfer from Planning to Urban Development.

It was moved by Council Member Christensen to change the administration of the current renaissance zone as it exists from Planning Department to the Department of Urban Development & Housing, the motion was seconded by Council Member Kreun.

Council Member Kreun stated that the housing and infill lots has been extremely successful and put many people in low to moderate income level into homes and if this is part of that process and part of the reasoning for that, he is totally in agreement that it goes through that particular process and take more in-depth look to see if we can accomplish more of those building projects.

Upon call for the question and upon voice vote the motion carried 7 votes affirmative.

Council Member Christensen moved to refer to committee the expansion of the renaissance zone to the Urban Development Housing Authority Committee; second by Council Member Kreun. Carried 7 votes affirmative.

INTRODUCE ORDINANCE TO AMEND TEXT OF LAND
DEVELOPMENT CODE, CHAPTER XVIII , AMENDING
ARTICLE 2, SECTION 18-0204, RULES AND DEFINITIONS,
SUBSECTION (2) AND ARTICLE 3, RULES AND REGULATIONS,
SECTION 18-0301, SIGNS, SUBSECTION (5), RELATING TO
PERMITTED SIGNS IN THE B-2 (SHOPPING CENTER) DISTRICT

The staff report from the Planning and Zoning Commission relating to request of the Planning Department for preliminary approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, amending Article 2, Section 18-0204, Rules and Definitions, Subsection (2), and Article 3, Rules and Regulations, Section 18-0301, Signs, Subsection (5), relating to permitted signs in the B-2 (Shopping Center) District, with recommendation for preliminary approval of the request and to set a public hearing date for January 20, 2004.

Mr. Potter, city planner, reported the draft ordinance is before council for preliminary introduction and if the ordinance is introduced this evening, and if issues related to the current proposal, there would be time to have conversations about that so it could be presented to Planning and Zoning for consideration and back to council on January 20, 2004.

Council Member Kerian asked if there were plans for other signage on that property, if the sign on the pylon would be assumed into this monument. Mr. Potter stated the pylon sign would come down and the reader board would go on top of the proposed sign. It was noted that these regulations would not affect the K-Mart sign as that is a non-conforming use sign that belongs to K-Mart and until they are ready to take it down it will remain.

It was moved by Council Member Kerian and seconded by Council Member Kreun that the recommendation be approved. Carried 7 votes affirmative.

Council Member Kerian introduced an ordinance entitled "An ordinance relating to the Grand Forks City Land Development Code, Chapter XVIII of Grand Forks City Code of 1987, as mended, amending Article II", which was presented, read and passed on its first reading.

APPROVE CHANGES IN OWNERSHIP TO VARIOUS
ALCOHOLIC BEVERAGE LICENSES

The staff report from the finance department relating to application for change in ownership of Class 3 - Off and/or On-Sale Beer and Wine license by H J Venture Corp. dba Ole & Paco's Mexican Village, 1218 South Washington Street, with recommendation to approve issuance of the license contingent upon review and approval by the city attorney and approval by appropriate departments and payment of fees.

Mr. Swanson stated there were three items he wished to report to council: 1) the liquor license which is a Class 1 license at Borrowed Bucks, they were requesting to transfer to a different corporation having the same ownership; 2) the Class 4 liquor license at Buffalo Wild Wings is presently held by a corporation and would like to transfer that to a new LLC with the same owners, and both of those would be appropriate to be approved, that they are exempt from any transfer fees because of same ownership. The third application is with respect to the Class 3 - Off and/or On Sale Beer and Wine license at the Mexican Village Restaurant on South Washington Street, this is going to be transferred to a new corporation having different ownership (one consistent owner) and that would be a transfer; under prior practice of the City where a transfer can be accomplished by the issuance of a new license at a lesser fee, that option is provided to the applicant. All three appear to be in order and would be appropriate to be acted upon if the council so deems.

Council Member Gershman requested to be recused from voting on these items. It was moved by Council Member Kerian and seconded by Council Member Christensen to recuse Council Member Gershman. Carried 6 votes affirmative.

Council Member Christensen asked to be recused from voting on the application for Ole & Paco's license, and it was so moved by Council Member Kreun and seconded by Council Member Kerian. Carried 5 votes affirmative.

It was moved by Council Member Kreun and seconded by Council Member Glassheim to approve the applications by H J Venture Corp. dba Ole & Paco's Mexican Village, Borrowed Bucks and Buffalo Wild Wings. Carried 5 votes affirmative for Ole & Paco's Mexican Village, and 6 votes affirmative for Borrowed Bucks and Buffalo Wild Wings.

INFORMATIONAL ITEM

The finance department's Portfolio Management/Summary report as of November 30, 2003 was presented for council's information.

APPROVE BILL LISTING

Vendor Payment No. 03-24, dated December 12, 2003, totaling $728,529.76, was presented and read.

It was moved by Council Member Gershman and seconded by Council Member Kreun 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, Hamerlik, Glassheim, Gershman, Christensen, Kerian, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES DECEMBER 1, 2003

Typewritten copies of the city council meeting held on Monday, December 1, 2003, were presented and read. It was moved by Council member Christensen and seconded by Council Member Gershman that these minutes be approved. Carried 7 votes affirmative.

MAYOR AND COUNCIL COMMENTS

1) Council Member Hamerlik questioned when the council voted on the request from the University of North Dakota for seed money if it included holding a public hearing, that was part of the motion in the staff report and was not part of the motion by Council Member Christensen. The city auditor reported that the recommendation from the Growth Fund action was to hold a public hearing on the proposed funding and to approve the request for the University of North Dakota. Held for review by the city attorney.

2) Council Member Kreun reported that Safety/Service Standby Committee will be meeting on Wednesday, December 17, at 4:30 p.m. in Room A101, and asked if Chief Packett would remind him of information re. breathalyzer situation.

3) Council Member Gershman reported that in Lincoln Park area the parking lots have had snow removal but trails and sidewalks in the park have not been shoveled, sidewalks on property on Lincoln Drive and Almonte owned by the City have not been shoveled and would ask City to have those areas cleaned.
He thanks staff and administration for reducing 4 1/2 positions in the coming year for a savings of $236,000, and that last week they had a presentation on pay for performance which is part of the new wage negotiations and have gone to market and now employees will be under a pay for performance schedule and cooperation of staff, administration and employees has been exemplary and would like to thank everybody for their work on that. He wished everyone a safe, happy and healthy holiday season and new year.

1) Mr. Swanson stated that in looking at the agenda, it does not appear as though the item re. request from University of North for seed money was called for as a public hearing and not aware if publication was made showing a public hearing, by your City Code an action of the Growth Fund does require a public hearing unless a public hearing is waived by the positive vote of 5 members of the body. Greg Hoover reported that notice of public hearing was published in the requisite time. Mr. Swanson stated his concern was that the agenda does not show a public hearing and he didn't recall any request for public comment was made at the time and that he was not aware as whether published or not, and his recommendation is to adjourn as the city council, reconvene as the Jobs Development Authority and pass a motion waiving the need for the public hearing.

Mr. Swanson also reported that he had distributed Supplement No. 13 Addition to the Grand Forks City Code tonight, and that this was required because of an omission in Supplement 13 and will need to place both Supplement 13 and the Addition into your Code to make it fully up to date and the Addition has been distributed to all Code subscribers.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Christensen that we adjourn. Carried 7 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
__________________________________
Michael R. Brown, Mayor