PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF GRAND FORKS, NORTH DAKOTA December 17, 2012

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1 PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF GRAND FORKS, NORTH DAKOTA The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, at the hour of 5:30 o clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Bjerke, Grandstrand, Weber, Gershman, Christensen, Sande, Vein - 7; absent: none.. 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. Mayor Brown called for a moment of silence in remembrance of the tragedy which occurred at Sandy Hook Elementary in Newtown, Connecticut. EMPLOYEE RECOGNITION Mayor Brown recognized 14 employees who have reached employment milestones and thanked them for their dedication: Brandon Eberhart, police department, 5 years Tim Shue, police department, 5 years Doug Goetz, wastewater treatment plant, 10 years Frank Kilgore, wastewater treatment plant, 10 years Steve Conley, police department, 15 years Chief Packett, police department, 15 years Kristi Hegg, health department, 15 years Andy Job, water treatment plant, 15 years Pat Sears cities area transit, 15 years Maureen Storstad, Finance, 15 years Travis Wesley, wastewater treatment plant, 20 years Mark Walker, engineering, 20 years Rob Corbett, fire department, 25 years Jackie Byzewski, water maintenance, 35 years Mayor Brown noted that Bob Kvitne was honored for a distinguished service award at a recent meeting of the ND Chapter of International Association of Electrical Inspectors. Mayor Brown recognized Battalion Chief Kelli Flermoen on her completion of the prestigious executive fire officer program offered by the US Fire Administration s National Fire Academy. Flermoen has been with the Fire Department since 1996 and Battalion Chief since 2011. She is the first in the Grand Forks fire department and one of only a few in North Dakota to complete the program. TABLE REQUEST TO AMEND ZONING MAP TO INCLUDE WITH THE GREENBERG PUD, CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 3, ALL OF COLUMBIA PARK 27 TH ADDN., LOTS 3 AND 4, BLOCK 3 AND PORTIONS OF

2 LOT 2, BLOCK 2, SOUTHERN ESTATES SECOND ADDN. AND LOT 1, BLOCK 3, PERKINS FOURTH ADDN. The staff report from the Planning Department relating to request from CPS, Ltd on behalf of the Grand Forks Park District for approval of an ordinance to amend the zoning map to rezone and exclude from the Greenberg PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, and to include within the Greenberg PUD (Planned Unit Development) Concept Development Plan, Amendment No. 3, all of Columbia Park 2 nd Addition, Lots 3 and 4, Block 3, and portions of Lot 2, Block 2, Southern estates Second Addition, and Lot 1, Block 3, Perkins Fourth Addition to the city of Grand Forks, ND (located between Ruemmele Road and the Southern Drainway), with recommendation to tabling indefinitely the attached ordinance. It was moved by Council Member Gershman and seconded by Council Member Sande to table this item indefinitely. Carried 7 votes affirmative. AMEND AGENDA REGARDING CANCELLATION OR RESCHEDULING OF STANDING COMMITTEE MEETINGS FOR WEEK OF DECEMBER 24 It was moved by Council Member Christensen and seconded by Council Member Sande to add an item to the agenda for discussion related to the cancellation or rescheduling of standing committee meetings for the week of December 24, 2012. Motion carried 7 votes affirmative. APPROVE 10 TH AMENDMENT TO THE CITY OF GRAND FORKS RETIREMENT SAVINGS PLAN (DC PENSION PLAN) The staff report from the finance department relating to the 10 th Amendment to the City of Grand Forks Retirement Savings Plan (DC Pension Plan), with recommendation to approve the amendment. recommendation be approved. Upon call for the question and upon voice vote, the motion carried 7 votes affirmative. APPROVE 2012 EMPLOYEE HOLIDAY HOURS The staff report from the Human Resources director relating to 2012 employee holiday hours, with recommendation to approve four (4) holiday hours for City employees, pro-rated for contracted, classified and benefit non-classified employees to be taken between council approval date and July 1, 2013. Time off is to be scheduled and approved by department heads. It was moved by Council Member Vein and seconded by Council Member Sande that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative, Council Member Bjerke voted against the motion. APPROVE 2013 SALARY PLAN

3 The staff report from the Human Resources director relating to 2013 salary plan, with recommendation to approve the 2013 Salary Plan, to rescind the previously approved freeze on department heads and to rescind the freeze on longevity pay. Human Resources Director Hovland stated that on council member desk this evening is a report on those receiving over 5% increases as requested. Bruce Melin, city employee, commented about a past wage adjustment that used to be offered periodically to employees as a way to lessen the gap that develops over time between the higher and lowest paid employees. He suggested that perhaps as part of the review of the pay plan that Council would consider reinstating this type of payment, which is similar to what the State of ND does in their pay plan. Council discussed that equity within the plan is one thing that the consultant is reviewing and that Council has a concern with and suggested that Melin should come to the discussion meeting on the pay plan in January and bring information on his suggestion for discussion at that time and should also provide this information to Mr. Schimke to include with the questions that he will be submitting to the consultant on behalf of the employee reps committee. Council Member Christensen stated that some of the recent actions taken have created angst among employees and wants to clarify that was not the intent and that there is also no intent to take away longevity for this year. It had been the hope that discussions with the consultant could have occurred prior to the pay plan being brought forward, but that is not the case and that there seems to be some disparities and items such as longevity which will be part of the discussions when they occur with the consultant. Hovland noted that the work session will be January 16, 2013. Council Member Gershman encouraged employees to submit questions and concerns for review by the consultant and stated that he supports longevity for 2013, as it was put in place in 1975 and has become a part of families budgets and the intent is not to cause distress for families at this holiday time of year and wants to let employees know that while it will be reviewed with the consultant, if it goes away for future years, will look at a revision that would not adversely affect employees. He continued that he notes that on the list of positions receiving more than 5% raises the HR Generalist Sr. position is not listed, however that position went up more than that. It was moved by Council Member Gershman and seconded by Council Member Christensen to approve the 2013 salary plan with the exception of the HR Generalist Sr. position which will be further reviewed, to rescind the previously approved freeze on department head salaries and to rescind the previously taken action to hold longevity payments for 2013. Council Member Grandstrand also agreed that the HR Generalist position was not included on other information that was distributed and discrepancies like this lead to a lack of trust of the information and also wants to point out that turnover costs are real and longevity pay may have a place in what we do as want to keep the people that we have invested training dollars in. He continued that for discussion with the consultant is consistency in scoring and ways to make sure that it is employed in the process along with fairness and reward for performance. He suggested that perhaps need an oversight committee on this process, perhaps it isn t best to have those are in charge of deciding the pay also decide their own pay. It was moved by Council Member Bjerke to amend the motion to freeze the pay for the Community Government Relations Officer at the 2012 rate. Council Member Christensen seconded the motion.

4 It was moved by Council Member Sande to divide the question; seconded by Council Member Vein. Council Member Sande commented that does not feel right to single out one person and has been some false information regarding the position and does not believe that the employee reps agree that no one should be singled out and not given a performance based raise and does not agree with the amendment. Council Member Vein agreed. Council Member Weber commented that the action taken for one issue has led to the hiring of the consultant and review of the plan, which may be good just came about for wrong reason. He continued that the earlier raise granted and this for performance are two separate things and will not support this amendment. Council Member Christensen agreed that it is important to follow the policy and all parties should follow that or let the others know why they believe there is reason to deviate from the policy at a time outside of the normal policy. Council Member Gershman added that while the 2012 raise was given out of cycle and should have been brought forward with the pay plan as all others were. Hovland clarified that there was a change in duties and that is why the 2012 adjustment was made. Council Member Gershman reiterated that if the reasons behind the adjustment were brought forward and supported with reasoning then would not have had the issue that this has become. Hovland stated that the policy was followed with the HR Generalist and those positions were adjusted and the change approved with the passage of the 2013 budget and would like to ask that those positions be allowed to go forward and was due to FLSA compliance and is the same process that was used for other departments that have done a restructuring. Council Member Sande pointed out that he had made a similar motion at the October discussion meeting and did not get a second. The Council discussed the policy and problem with out of cycle changes and how to address the problem without singling out one position over others that may have had this go through in the past. It was noted that there was a motion passed that addresses promotions and changes that result in a more than 5% increase and that those should be reviewed by the Council. Council Member Christensen suggested that perhaps we should just table the whole item to allow for further review of the report presented tonight as per that policy approved in October and that once reviewed and we are comfortable with it and then those employees could receive retroactive pay if it is approved. Following further discussion and upon call for the question and upon roll call vote on the amendment to the motion, the following vote aye : Council Members Bjerke, Gershman, and Christensen 3; voting nay : Council Members Grandstrand, Weber, Sande, Vein 4. Mayor Brown declared the amendment to the motion failed. City Attorney Swanson clarified the motion on the table for the Council. Council Member Grandstrand requested clarification on if the matter was tabled if employees would be able to get retroactive pay once the pay plan was adopted. Swanson stated that would be dependent on the action taken by Council but to allow that would have to be stipulated that way in the action approved by City Council. Council Member Gershman stated that his reason for excluding the HR positions in his motion is because they had requested a listing of all positions and they were not included on the listing. Mr. Hovland responded that these positions along with some in the IT and Fire Department were adjusted in the budget process and because of where they were. Council Member Gershman replied that what council wants is a concise report and should include all because having some here and some there causes confusion for the Council and need to simplify the process so that all the information is there. Council Member Weber

5 stated that while some information was provided the spirit of the request was not met and that is why have these issues and now gone from one or a few to a list of positions that would be held. It was moved by Council Member Christensen to amend the motion to include all positions on the report distributed today and that once reviewed and approved payments would be retroactive. Motion died for lack of a second. Council Member Vein commented that then if you get a 4.9% raise would get it but a 5.01% won t until reviewed, but when will review take place and would have problem with holding these, as not something that would involve the consultant and doesn t believe should be micromanaging this and not sure that is where the council should be. Council Member Sande concurred that intent of his motion back in October was not to manage what department head and HR are already doing, but would like to have trust in the process and policies. Council Member Grandstrand also brought up that gender equity will also be part of the review and our results could be skewed because of the number of males versus females employed by the city. Darren Schimke, president of the employee reps group, addressed the council and requested a copy of the list that is being discussed and would like some time to look at it and then come back up and comment before the vote is taken. Council Member Bjerke stated that this is not an issue that we can solve tonight and will work with the consultant not in favor of freezing now as can go back and fix anything that is wrong later. He noted that he has read the plan and all documentation and ready for vote on original motion. Council Member Vein asked when the list would be looked at for review. Council Member Grandstrand encouraged all employees to work with Council and the employee reps group in the process of the review with the consultant. Mr. Schimke thanked the council and stated that the employee reps group is in favor of the plan moving forward in its entirety and welcomes the opportunity to provide input and work with council on the review of the plan. Upon call for the question and upon roll call vote, motion carried 7 votes affirmative. DISCUSS PRELIMINARY REVIEW OF THE HR CONSULTANT RECOMMENDATIONS/LONGEVITY PAY Council Member Bjerke commented that he will be asking the council and consultant to also study the benefit package, in particular the NDPERS pension plan and has received notice that is proposed for another four year increase plan and have employees in that plan and need to look at this. He wants our employees to have good pay and benefits but not for raising taxes each year to support that and believe that we need to look at adapting some of the things for what common practice is today. Council Member Grandstrand reiterated that turnover costs are real and private business does reward long term employees to retain them to avoid turnover costs. APPROVE BUDGET AMENDMENTS FOR POLICE DEPARTMENT, PUBLIC TRANSPORTATION, AND URBAN DEVELOPMENT

6 The staff reports from the police department for budget amendment bringing Byrne JAG grant funding into the 2012 budget, with recommendation to approve the budget amendment in the amount of $39,807.00; police department for budget amendment bringing ND Department of Emergency Services, Division of Homeland Security grant funding into the 2012 budget in the amount of $74,454; police department for budget amendment bringing NTF HIDTA grant funding into the 2012 budget, with recommendation to approve the budget amendment in the amount of $57,706; public transportation department for budget amendment transferring funds from Public Transportation Fund (5500) to the Dial- A-Ride/Senior Rider Fund (5600), with recommendation to approve the budget amendment in the amount of $50,000; and urban development department various budget amendments as described in the staff report: 1) Budget amendment in the amount of $545,000 for fit-up of first floor at 201 S 4 th St and HVAC and plumbing improvements on the buildings second and third floors, 2) budget amendment in the amount of $130,000 for staff work on Blue Ribbon Housing Commission and unanticipated water issues at Senior Center, repair of Town Square sprinkler system, landscaping at City Hall, purchase/installation of holiday decorations; 3) budget amendment in the amount of $390,000 for staff work on NSP properties and renovation of NSP properties; 4) budget amendment in the amount of $281,000 from EECBG grant for public building energy audits and lighting improvements at city and county parking ramps; and 5) budget amendment for $200,000 for tenant fit-up on first and second floors of Corporate Center II, with recommendation to approve. It was moved by Council Member Gershman and seconded by Council Member Sande to approve the amendments. Motion carried 7 votes affirmative. AUTHORIZE TRANSFER OF CITY-OWNED PROPERTY IN SOUTH 48 TH STREET BUSINESS PARK TO THE JDA The staff report from the urban development department relating to the transfer of city-owned property described in the staff report to the Grand Forks Growth Fund, a Job Development Authority; and to authorize the appropriate city officials to execute the necessary documents, subject to review and approval by the city attorney. It was moved by Council Member Gershman and seconded by Council Member Sande to approve the amendments. Motion carried 7 votes affirmative. APPROVE ABATEMENT OR REFUND OF 2011 TAXES GRAND FORKS HOUSING AUTHORITY (81 PROPERTIES) The staff report from the city assessor relating to application for abatement or refund of 2011 taxes by Grand Forks Housing Authority, 81 parcels: Housing Authority Office, 1405 1 st Ave N; Ruth Meier s Facility, 770 14 th St S; Ruth Meier s Facility (garage), 1424 8 th Ave S; South Youth Center, 2501 14 th Ave S; vacant lots in Congressional Second Resub.(44.1344.00152.000, 44.1344.00156.000 and 44.1344.00158.000); vacant lots in Promenade 3 rd Resub. (44.2624.00001.000-44.2624.00025.000, 44.2624.00028.000-44.2624.00043.000, and 44.2624.00044.000-44.2624.00073.000), with recommendation to table pending receipt of Attorney General s opinion as requested by the 2012 Board of Equalization. Eliot Glasshiem, former Council Member, read a brief statement regarding the law revision that occurred at the state level which affected the tax status of the GF Housing Authority. He encouraged the Council

7 to determine that the uses of these properties and the activities of the Housing Authority, which are beneficial to the community, are sufficient to approve the abatement of these taxes. Council Member Weber commented that since the Housing Authority was established in 1964 have worked to help individuals in the community and have once again decided to wait for attorney general s opinion and have already been waiting since May and would like to see us move on this quickly and move. It was moved by Council Member Grandstrand and seconded by Council Member Sande to approve the abatement. Upon call for question and by roll call vote, the following voted aye : Council Members Grandstrand, Weber, Sande, Vein 4; voting nay : Bjerke, Gershman, Christensen 3. Mayor Brown declared the motion passed. APPROVE APPLICATIONS FOR EXEMPTION OF REMODELING IMPROVEMENTS TO RESIDENTIAL/ COMMERCIAL BUILDINGS The staff report from the city assessor relating to applications for exemption of remodeling improvements to residential or commercial buildings as follow: 723 North 14 th Street, 1106 South 18 th Street, 1423 13 th Ave S, 1731 11 th Ave N, 1104 Boyd Dr., 4538 Belmont Road, 1122 Letnes Drive, 3823 Fairview Dr., 2246 Springbrook Ct, 801 Cherry St, 2501 South 18 th Street, 605 Plain Hills Drive, 305 Circle Hills Drive, 714 South 22 nd Street, 321 North 12 th Street, 3119 W Elmwood Dr, 236 Circle Hills Drive, 2022 24 th Ave S, 1820 Belmont Road, 414 North 23 rd Street; with recommendations to grant exemption of increased value for five (5) years. APPROVE 2013 LEGISLATIVE PRIORITIES The report from the legislative committee regarding legislative position for the City of Grand Forks for the upcoming legislative session with recommendation to approve. It was moved by Council Member Vein and seconded by Council Member Sande that this recommendation be approved. It was moved by Council Member Bjerke and seconded by Council Member Grandstrand to divide the question and that the vote on each priority item. Carried 7 votes affirmative. It was moved by Council Member Gershman and seconded by Council Member Vein to approve Priority A related to position on property tax relief. Carried 6 votes affirmative; Council Member Bjerke voting against the motion. It was moved by Council Member Gershman and seconded by Council Member Sande to approve Priority B related to Water Treatment Plant funding. Carried 7 votes affirmative. It was moved by Council Member Gershman and seconded by Council Member Sande to approve Priority C related to transportation funding. Carried 7 votes affirmative.

8 It was moved by Council Member Sande and seconded by Council Member Vein to approve Priority D related to Public Safety. Carried 7 votes affirmative. It was moved by Council Member Vein and seconded by Council Member Sande to approve Priority E related to Housing and Job Creation. Carried 6 votes affirmative; Council Member Bjerke voting against the motion. It was moved by Council Member Weber and seconded by Council Member Sande to approve Priority F related to Base Realignment Impact. Carried 6 votes affirmative; Council Member Bjerke voting against the motion. It was moved by Council Member Weber and seconded by Council Member Sande to approve Priority G related to University-related Support. Carried 6 votes affirmative; Council Member Bjerke voting against the motion. It was moved by Council Member Sande and seconded by Council Member Weber to approve Priority H related to Home Rule Authority. Carried 7 votes affirmative. It was moved by Council Member Gershman and seconded by Council Member Weber to approve Priority I related to Additional Tax & Finance Issues. Carried 7 votes affirmative. INTRODUCE ORDINANCE RELATING TO ALCOHOLIC BEVERAGE LICENSES AND PROVISION OF SAMPLES The staff report from the city attorney relating to Grand Forks City Code Section 21-0205 (III), relating to alcoholic beverage licenses and provision of samples, with recommendation that this ordinance be approved. The proposed ordinance will amend the City Code to follow state law and allow Class 1 and 2 licenses holders to sample all alcoholic beverages, including wine, cordials, beer and liquor. Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Member Sande and seconded by Council Member Vein. Carried 6 votes affirmative. recommendation be approved. Carried 6 votes affirmative. APPROVE APPLICATION FOR TRANSFER OF CLASS 5 ALCOHOLIC BEVERAGE LICENSE FROM NHS, GRAND FORKS, LLC TO BHARAT PATEL The staff report from the city attorney relating to transfer of the Class 5 (hotel/motel alcoholic beverage) license and Sunday application from NHS Grand Forks, LLC to Bharat Patel, with recommendation to approve. Council Member Bjerke inquired if there were any issues related to this transfer. Mr. Swanson explained that the ownership of the hotel changed in 2012 and a transfer of the liquor license was not applied for at that time, he has been in contact with the new owner and advised them that the application for a transfer and the payment of the appropriate fees was necessary. Swanson continued that the applicant is eligible and approval of the transfer is appropriate subject to payment of the fees to the finance department.

9 Council Member Gershman asked to be recused from voting on this matter, and it was so moved by Council Member Sande and seconded by Council Member Vein. Carried 6 votes affirmative. It was moved by Council Member Bjerke and seconded by Council Member Weber that this recommendation be approved. Carried 6 votes affirmative. APPROVE BUDGET AMENDMENTS ENGINEERING AND WASTEWATER The staff report from the engineering department relating to budget amendment, with recommendation to approve the budget amendment in the amount of $145,000 for installation of a temporary traffic signal at the intersection of S Washington St and 40 th Ave S. recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative; Council Member Bjerke voted against the motion. The staff report from the Public Works wastewater division relating to budget amendment, with recommendation to approve the budget amendment in the amount of $98,978 for construction of a wastewater forcemain to serve Molstad Industrial First Addition. APPROVE CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR CITY PROJECT NO. 6582, DISTRICT NO. 658 FEDERAL PROJECT NO. SU-6-986(102)106 RECONSTRUCTION OF COLUMBIA ROAD FROM DEMERS TO 11 TH AVE S The staff report from the engineering department relating to construction engineering services agreement for City Project No. 6582, District No. 658 Federal Project No. SU-6-986(102)106 Reconstruction of Columbia Road from DeMers to 11 th Ave S, with recommendation to approve the construction engineering services agreement with CPS in the amount of $572,261.58, contingent upon approval by the NDDOT. APPROVE 2013 CHEMICAL REQUIREMENTS BIDS The staff report from the superintendent of the water utility and the director of public works relating to the 2013 chemical bids for water treatment plant, with recommendation to approve bids per attached summary. APPROVE PROFESSIONAL SERVICES AGREEMENT

10 FOR GFWTP PRETREATMENT PILOT STUDY AND WTP TECHNOLOGY COMPARISON PROJECT The staff report from the director of public works relating to Grand Forks Water Treatment Plant Pretreatment Pilot Study and the Water Treatment Plant Technology Comparison Project, with recommendation to approve the Professional Services Agreement with AE2S in the total and not to exceed amount of $248,009, subject to the City Attorney s Office review and approval. Council Member Vein asked to be recused from voting on this item, and it was so moved by Council Member Gershman and seconded by Council Member Bjerke. Carried 6 votes affirmative. recommendation be approved. Carried 6 votes affirmative. APPROVE GRANT APPLICATION SUBMISSION PUBLIC WORKS CITIES AREA TRANSIT The staff report from the director of public works relating to a request for authorization to submit application for 1) New Freedom Grant Application to purchase 2 replacement minivans for Dial-A-Ride & Senior Rider Service and 2) JARC Application to operation new fixed route service from the Garden View Drive Developments to UND Campus, with recommendation to authorize staff to submit the application. recommendation be approved. Carried 6 votes affirmative, Council Member Bjerke voting against the motion. APPROVE FEDERAL TRANSIT ADMINISTRATION VETERANS TRANSPORTATION AND COMMUNITY LIVING INITIATIVE GRANT The staff report from the director of public works relating to the acceptance of a Federal Transit Administration Veterans Transportation and Community Living Initiative Grant to be used to purchase notification module, customer web portal, coordination module and telephone system from RouteMatch Software, Inc. in the amount of $291,000, the City of Grand Forks portion of the project, with recommendation to approve the acceptance of the grant and authorize the purchase of the equipment. It was moved by Council Member Vein and seconded by Council Member Sande that the recommendation be approved. Carried 6 votes affirmative, Council Member Bjerke voting against the motion. TABLE INDEFINITELY PRELIMINARY ORDINANCE TO AMEND THE ZONING MAP TO INCLUDE WITHIN THE CRARY PUD CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1, LOT 6, BLOCK 3, LECLERC S ADDITION (LOC. IN THE 500 BLOCK OF 55 TH AVE S)

11 The staff report from the planning department relating to the request from CPS, Lts, on behalf of Crary Development, Inc., for preliminary approval of an ordinance to amend the zoning map to rezone and exclude from the R-1 (Single Family) District, and to include within the Crary PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, Lot 6, Block 3, LeClerc s Addition, to the City of Grand Forks, ND, located in the 500 Block of 55 th Avenue South, with recommendation to give preliminary approval of the ordinance, subject to the conditions shown on or attached to the review copy and set a public hearing for January 21, 2013. Council Member Christensen asked if any comments from notices were received. Mr. Gengler, City Planner, explained that notices do not go out until after the preliminary approval. It was moved by Council Member Christensen and seconded by Council Member Gershman to table the item until the notices had been sent to affected property owners so their comments can be heard. Upon call for the question and upon roll call vote, voting aye : Grandstrand, Weber, Gershman, Christensen 4; voting nay : Bjerke, Sande, Vein 3. Mayor Brown declared the motion passed. FINAL APPROVAL VARIANCE TO SUBDIVISION REGULATIONS FOR ACCESS CONTROL, BLOCKS 2, 3 AND 4, HERITAGE PARK PLACE ADDITION The staff report form the planning department relating to the request from CPS, Ltd., on behalf of Dakota Heritage Properties, LLC, for approval of a variance to the subdivision regulations for access control for Blocks 2, 3 and 4, Heritage Park Place Addition, to the City of Grand Forks, ND, located at 62 nd Avenue South and South 34 th Street, with a recommendation to approve. APPROVE FINAL PLAT OF REPLAT OF LOT 3, BLOCK 3, FLAATS 2 ND ADDITION AND LOT 2, BLOCK 1, AUDITORS RESUBDIVISION NO. 33 The staff report from the planning department relating to the request from CPS, Ltd., on behalf of Arch Simonson, for final approval (fast track) of the plat of Auditors Resubdivision No. 49 (Replat of Lot 3, Block 2, Flaats 2 nd Addition and Lot 2, Block 1, Auditors Resubdivision No. 33) to the city of Grand Forks, ND, locates at 34 th Avenue South and Belmont Road, with recommendation to give final approval of the plat, subject to conditions shown on or attached to the review copy. APPROVE PETITION TO VACATE UTILITY EASEMENT LOT 2, BLOCK 1, AUDITORS RESUBDIVISION NO. 33 The staff report from the planning department relating to the request from City of Grand Forks for the approval of the vacation of the utility easement lying on the westerly property line of Lot 2, Block 1, Auditors Resubdivision No. 33, to the City of Grand Forks, ND, with recommendation to approve the petition and set a public hearing as prescribed by law.

12 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 22, 2013. Carried 7 votes affirmative. APROVE FINAL PLAT OF REPLAT OF LOTS 2, 3, 6, 7 AND 8, BLOCK 1, WALSH S INDUSTRIAL SITE NO. 1 The staff report from the planning department relating to the request from EAPC Architects Engineers on behalf of Brad and Brian Seng, for final approval (fast track) of the Replat of Lots 2, 3, 6, 7, and 8, Block 1, Walsh s Industrial Site No. 1 to the City of Grand Forks, ND, located at the 2900 Block of North Washington St, with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy. APPROVE FINAL PLAT OF REPLAT OF LOT 4, BLOCK 1, BLACK GOLD FIRST ADDITION The staff report from the planning department relating to the request from CPS, Ltd., on behalf of Halverson Family Investments, LLP, for final approval (FastTrack) of the Replat of Lot 4, Block 1, Black Gold First Addition to the City of Grand Forks, ND, located at 4320 18 th Avenue South, with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy. APPROVE CANCELLATION OF STANDING COMMITTEE MEETINGS FOR WEEK OF DECEMBER 24 It was moved by Council Member Gershman and seconded by Council Member Weber that standing committee meetings for the week of December 24 will be cancelled. Carried 7 votes affirmative. INFORMATIONAL ITEMS The Statement of Changes in Financial Position as of November 30, 2012 was presented for the council s information. APPROVE BILL LISTING Vendor Payment Listing No. 12-24, dated December 12,2012, totaling $1,062,001.95, was presented and read. It was moved by Council Member Gershman and seconded by Council Member Weber 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 Member Bjerke, Grandstrand, Glassheim, Gershman, Christensen,

13 Sande, Vein 7; voting nay : none. Mayor Brown declared the motion carried and the bills ordered paid. COMMENTS BY MAYOR AND COUNCIL 1) Council Member Bjerke stated that he would like the pension committee to review the rate of return assumption in the Defined Benefit Pension Plan, at the latest as part of the budget process, as he believes that given recent trends we may want to look at lowering that and if choose to do that would have an effect on the amount of contribution. 2) Council Member Weber provided an update on items from the Library Board meeting held the prior day as well as programs recently held at the library. 3) Council Member Christensen made comments regarding pension plan and that there is a plan in place for funding it and the numbers are reviewed annually by the actuary with the pension committee and if Council wished to increase the funding can do that, but then also need to consider what we would give up to provide the additional funding beyond what is in the plan. 4) Council Member Sande commented that there was good discussion tonight on a number of items and thanked Council Members Vein and Weber for their work on the legislative items. 5) Council Member Gershman commented that he appreciates that the Council is able to have discussion and even if don t agree can work together and appreciates that. He asked that he would like Mr. Swanson to look at how pay increases can occur and provide information to Council. ADJOURN It was moved by Council Member Gershman and seconded by Council Member Grandstrand that we adjourn. Carried 7 votes affirmative. Respectfully submitted, Maureen Storstad City Auditor Approved: Michael R. Brown, Mayor