Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Tuesday, February 22, 1994

The city council of the city of Grand Forks, North Dakota met in its adjourned session in the council chambers in City Hall on Tuesday, February 22, 1994 at the hour of 7:30 o'clock p.m. with Vice President Hagness presiding. Present at roll call were Council Members Beach, McCabe, Hoeppner, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 12; absent: Council Members Kulas, Geller - 2.

Vice President Hagness announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the issue.

COMMENTS OF APPRECIATION FROM DISABLED
COMMUNITY

Carla Tice, advisor for Reunite Self Advocate Group, stated they were here to show council how much they appreciate the things the community has done to accommodate the needs of people with disabilities. Joannie Koppy, member of the Group, also expressed appreciation to the mayor and council for the advancement the community has made in accommodating the needs of the people with disabilities, and that they look forward to continued support and the opportunity to work together.

APPROVE MINUTES FEBRUARY 7, 1994

Typewritten copies of the minutes of the regular meeting of the city council held on Monday, February 7, 1994 were presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Lien that these minutes be approved as read. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3374, RELATING TO
COMPREHENSIVE PLAN, AMENDING CHAPTER XVIII,
ARTICLE 8, COMPREHENSIVE PLAN, PERTAINING
TO GRAND FORKS-EAST GRAND FORKS TRANSPORTATION
PLAN UPDATE (1994-1998 TRANSIT DEVELOPMENT ELEMENT)

An ordinance entitled "An ordinance relating to the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0802, Elements, of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks-East Grand Forks Transportation Plan Update (1994-1998 Transit Development Element)", which had been introduced and passed on its first reading on December 6, 1993, and upon which public hearing had been continued from February 7, 1994 until this evening, was presented and read for consideration on second reading.

It was moved by Council Member Beyer and seconded by Council Member Hanson that we suspend rules and consider agenda item 7-23 at this time as it pertains to this item. Carried 12 votes affirmative.

Vice President Hagness called upon the audience to see if there was anyone present who had comments to make on this matter. There were no comments, and Vice President Hagness closed the public hearing.

The Bus Committee reported having considered the matter of final approval of Grand Forks-East Grand Forks Transit Development Plan (TDP) for 1994-1998, and recommended approval of the Grand Forks-East Grand Forks Transit Planning Document for 1994-1998.

It was moved by Council Member Lien and seconded by Council Member Hanson that 13430
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this recommendation be and is hereby approved.

Bob Ulland, Transportation Finance Coordinator, reported that this is a federal requirement; that the document was prepared through Metropolitan Planning Organization giving direction for the next five-year period; and that specific routing and fare increase as recommended by the consultant will be coming up.

Upon call for the question on the motion and upon voice vote, carried 12 votes affirmative.

The Planning and Zoning Commission reported having considered the matter of final approval of the Transit Development Plan update, and recommended final approval and passage of the ordinance amending an element of the Grand Forks City Comprehensive Plan.

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

Upon call for the question of adoption of this ordinance, and upon roll call vote the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none. Vice President Hagness declared the ordinance adopted.

ADOPT ORDINANCE NO. 3375, RELATING TO
USE OF PUBLIC SEWERS

An ordinance entitled "An ordinance amending Section 15-0204 of the Grand Forks City Code relating to use of the public sewers", which had been introduced and passed on its first reading on February 7, 1994, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none. Vice President Hagness declared the ordinance adopted.

ADOPT ORDINANCE NO. 3376, TO ANNEX ALL OF
COLUMBIA PARK 23RD ADDITION, AND INCLUDING
SEVERAL UNPLATTED PARCELS TO THE CITY OF GRAND
FORKS

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota all of Columbia Park 23rd Addition and including unplatted parcels lying in the S-1/2 SE-1/4, and the SE-1/4 SW-1/4 of Section 18, and the E-1/2 NW-1/4 and the S-1/2 NE-1/2 of Section 19, and the S-1/2 NW-1/4 of Section 20, Township 151 North of Range 50 West of the 5th Principal Meridian, Grand Forks, ND", which had been introduced and passed on its first reading on February 7, 1994, was presented and read for consideration on second reading and final passage.

The city auditor exhibited affidavit of publication of notice to the public that this petition for annexation had been filed with the city council and had been published as required.

Charlie Bateman, property owner, expressed concern re. effect on property west of S. 48th Street, that this is agricultural land and they do not intend to develop and do not see need to annex at this time, and also concern re.
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special assessments.

It was moved by Council Member Shores and seconded by Council Member McCabe that the ordinance be amended to include area 165 feet north of centerline of 32nd Avenue South rather than 190 feet. Carried 12 votes affirmative.

Ken Vein, city engineer, stated there would be no cost to the property on the west side of 48th Street, however, in the future as road developed, and if sewer and water go in, have mechanism for funding at that time.

Mr. Bateman also expressed concern that taxes will increase as mill levy is higher in the city, and concern re. drainage, whether adequate culverts to handle water so water won't pond. Mr. Vein stated they have to make sure drainage adequate, and that is being done by the Department of Transportation. Mr. Vein also noted that increase is taxation $5.00/acre, with approx. 10 acres being annexed.

Upon call for the question of adoption of the ordinance, as amended, and upon roll call vote, the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none. Vice President Hagness declared the ordinance adopted.

CONTINUE PUBLIC HEARING AND SECOND READING
OF ORDINANCE TO ANNEX A PORTION OF JOHNSON'S
SECOND ADDITION; ALL OF JOHNSON'S THIRD ADDITION;
AND A PORTION OF GRAND FORKS TOWNSHIP TO MARCH 7

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, a portion of Johnson's Second Addition; all of Johnson's Third Addition and a portion of Grand Forks Township 151 North, Range 50 West of the 5th Principal Meridian, Section 8, South Half of the Northwest Quarter and the West Half of the Southwest Quarter", which had been introduced and passed on its first reading on January 18, 1994, was presented and read for consideration on second reading.

It was reported that the notice to the public had not been published by the petitioner as required.

Vice President Hagness called upon the audience to see if there was anyone present to make comments on this matter. There were none.

It was moved by Council Member Lien and seconded by Council Member Glassheim that the public hearing and second reading of the ordinance be continued to March 7, 1994. Carried 12 votes affirmative.

ADOPT ORDINANCE NO. 3377, RELATING TO PENALTIES
FOR PARKING VIOLATIONS (SNOW REMOVAL)

An ordinance entitled "An ordinance amending Section 8-0936 of the Grand Forks City Code relating to penalties for parking violations", which had been introduced and passed on its first reading on January 18, 1994, was presented and read for consideration on second reading and final passage.

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

Committee No. 3, Public Service, reported having considered the matter of the introduced ordinance relating to penalties for parking violations (vehicles parked on street on snow removal day), and recommended proceeding with the $15.00 fine, printing of tickets, installing of appropriate signing on the
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main thoroughfares, and notifying persons through handing out of courtesy tickets and printing notice on water bills.

It was moved by Council Member Beach and seconded by Council Member Beyer that this recommendation be and is hereby approved.

Council Member Glassheim spoke against the motion to increase fines, because punitive, lack of parking space esp. in older areas of town, will double fine if not paid within 5 days, etc.

After further discussion and upon call for the question on the motion, and upon voice vote, the motion carried, with Council Members Glassheim, Hanson and McCabe voting against the motion.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Beach, Hoeppner, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 9; voting "nay": Council Members McCabe, Hanson, Glassheim - 3. Vice President Hagness declared the ordinance adopted.

SUSPEND AGENDA TO ALLOW CONSIDERATION OF BUS
COMMITTEE RECOMMENDATIONS IN CONJUNCTION
WITH PUBLIC HEARING ON CITY BUS AND DIAL-A-
RIDE PROGRAM

It was moved by Council Member McCabe and seconded by Council Member Beyer to suspend the agenda and allow consideration of agenda items 7-24 through 7-27 with the public hearing on the bus and dial-a-ride program, proposed fare adjustments and route modifications and time schedules, etc. Carried 12 votes affirmative.

HOLD PUBLIC HEARING ON CITY BUS AND DIAL-A-
RIDE PROGRAM, PROPOSED ROUTE MODIFICATIONS AND
FARE INCREASES, AND REFER ALL ITEMS BACK TO
THE BUS COMMITTEE FOR FURTHER CONSIDERATION

The city auditor reported that the required notice had been published calling for a public hearing to be held this evening on the proposed modifications for Routes 1, 2, 3, 5, 6, 7, 8 and 9; and on the proposed city bus system and dial-a-ride program fare increases.

Vice President Hagness called for the public hearing to be heard on each of the issues.

The Bus Committee reported having considered the matter of approval of proposed transit and dial-a-ride program fare adjustments, and recommended approval of proposed fare structure adjustments with an effective implementation date of April 1, 1994.

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

The Bus Committee reported having considered the matter of proposed transit route modifications and time schedules, and recommended approval of transit route modifications and time schedules with an effective implementation date of April 1, 1994.

It was moved by Council Member Lien and seconded by Council Member Hanson
that this recommendation be and is hereby approved.

Lily Miller, 2501 26th Avenue South, appeared and spoke in favor of the new
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February 22, 1994

bus route in area of Columbia Road.

Pearl Schroeder, 601 Omega Avenue, stated that she appreciates bus service; that she is dependent upon bus for groceries, socialability, etc. and would like to see City continue with the present route in the Lincoln Drive area.

Francis Quale spoke against the change in the route serving the Lincoln Drive area and questioned whether the 2-minutes it would take to continue present service would make that much difference in meeting proposed schedules.

Bob Ulland, Transportation Finance Coordinator, stated that it is an economic question, that there are not lot of riders in that area, and that the consultant recommended Almonte Avenue rather than Pakenham; that this is 27-minute route in order to make downtown connections, and if implement change, would take service from some place else.

Mr. Quale asked what will happen if put in wheelchair lift, if can't allow 2 minutes to continue present route, and it's going to take 5 minutes for each stop if have stop for wheelchair passenger.

Mr. Ulland stated they have to look at city as a whole; will be giving 30-minute express service to University, to Medical Park, and to Columbia Mall area; that downtown transfer center better utilized; hoping that route restructuring will reduce riding time, night service adding Med. Park, etc. He noted there will be 3 buses with lift to meet ADA requirements. He stated they need to start and see what utilization there is, may have to adjust routes. He also noted there was not a time restriction in implementing.

It was moved by Council Member Crawford and seconded by Council Member Hanson to send this matter back to committee. Carried 12 votes affirmative.

The Bus Committee reported having considered the matter of proposed bus route and time schedule for night bus service, and recommended approval of proposed bus route and time schedule for night bus service.

It was moved by Council Member Lien and seconded by Council Member Hanson that this recommendation be and is hereby approved.

Vice President Hagness called upon the audience for comments, and there were no comments.

Council Members Lien and Hanson withdrew their motion; and Council Members Hanson and Crawford moved to send the matter back to committee. Carried 12 votes affirmative.

The Bus Committee reported having considered the matter of placing lift-equipped buses in service on Grand Forks and East Grand Forks bus routes, and recommended designating Routes 1 and 2 (GF) and Routes 10 and 11 (EGF) as lift-equipped bus routes effective April 1, 1994.

It was moved by Council Members Lien and Beyer that this recommendation be and is hereby approved.

Judy Hemness, 600 South 3rd Street, and Linda Anderson, 317 1/2 DeMers Avenue, stated they are not in favor of any change in bus routes.

Upon call for the question on the motion and upon voice vote, the motion carried 12 votes affirmative.

It was moved by Council Member Glassheim and seconded by Council Member Hanson to send the matters heard relative to the bus program back to committee for
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February 22, 1994

further review. Carried 12 votes affirmative.

It was announced that the Bus Committee will meet on March 9, 1994 at 3:30 p.m. in City Hall.

APPROVE APPLICATION FOR MOVING PERMIT
TO MOVE BUILDING TO 117 SEWARD AVENUE

The city auditor reported that the notice of public hearing on the application by Paul Smith to move a building from 1903 Dyke Avenue to 117 Seward Avenue to be used as a garage had been published and posted as required.

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

Committee No. 3, Public Service, reported having considered the matter of application for moving permit by Paul Smith to move building from 1903 Dyke Avenue to 117 Seward Avenue to be used as a garage, and recommended that we approve the application subject to the public hearing.

It was moved by Council Member Glassheim and seconded by Council Member Beach that this recommendation be and is hereby approved, and further that Mr. Smith be and is hereby authorized to move the building. Carried 12 votes affirmative.

CONTINUE PUBLIC HEARING ON APPLICATION FOR
MOVING PERMIT TO MOVE BUILDING TO 3500 BLOCK
OF 26TH AVENUE SOUTH

The city auditor reported that the notice of public hearing on the application by John O'Keefe to move a building from rural Crystal to the 3500 block of 26th Avenue South to be used as single-family residence, had not been published as required.

Vice President Hagness called upon the audience to see if there was anyone present who had comments on this matter. There were none.

It was moved by Council Member Beyer and seconded by Council Member Hoeppner to continue public hearing to March 7, 1994 to allow for proper publications. Carried 12 votes affirmative.

REPORTS OF OFFICERS

A report from the city auditor's office including portfolio master summary for period ending January 31, 1994, investment activity summary for period March 1993 through January 1994 and accrued interest details for January 31, 1994 was presented and read. It was moved by Council Member Glassheim and seconded by Council Member Hanson that this report be and is hereby received and filed. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-02, dated February 21, 1994 and totaling $735,733.12, all having been audited by the city auditor for payment in accordance with Regulation No. 2, was presented and read.

It was moved by Council Member Hanson and seconded by Council Member Hoeppner 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 Beach, McCabe, Hoeppner, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Johnson, Hagness - 12; voting "nay": none.
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February 22, 1994

Vice President Hagness declared the motion carried and the bills ordered paid.

DELAY ANNEXATION STUDY OF HIGHWAY 81 NORTH
PROPERTIES FOR FIVE YEARS

The city auditor reported that on February 7, 1994 the city council had voted to table the motion by Council Members Kulas and Hagness to approve the recommendation of the Capital Improvements Committee re. the annexation of the property known as North 81 area, and the amendment by Council Members Hanson and Beyer for clarification of wording of the amendment, and that these motions are on the floor.

The motion by Council Members Kulas and Hagness was as follows: to delay the annexation of North 81 properties for the period of two years with the understanding that a subcommittee comprised of North 81 property owners and City staff meet to resolve the size of the annexation area, provisions for service to area, and any other relevant concerns.

The amendment was as follows: To change the recommendation to delay annexation from two years to five years.

Council Member Hanson restated his amendment, that via communication from annexation committee and the mayor, his motion is as follows: to delay annexation study of Highway 81 North for 5 years; with Council Member Crawford seconding the motion.

COUNCIL MEMBER JOHNSON EXCUSED

Dave McFarlane, rep. property owners, stated they were asking council to pass motion with simple wording that study be delayed for 5 years.

Howard Swanson, city attorney, advised that under the amended motion no action can occur on the annexation sooner than five years.

Bob Bushfield, city planner, stated that if the council delays study for 5 years, the current study would be null and void. Mr. McFarlane stated they have all the information needed and could provide that information to the City.

After further discussion and upon call for the question on the amendment and upon voice vote, the motion carried 11 votes affirmative.

Upon call for the question on the motion, as amended, and upon voice vote, the motion carried 11 votes affirmative.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
FOR PROPERTY AT 2486 NORTH 43RD STREET

Committee No. 1, Finance, reported having considered the application for abatement of taxes by Arvid J. Aaker, 2486 North 43rd Street, for Lot 23, Block 1, Oscarville Subdivision, and recommended that the application be approved as submitted.

It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE APPLICATION FOR ABATEMENT OF TAXES
FOR PROPERTY AT 312 NORTH 4TH STREET

Committee No. 1, Finance, reported having considered the application for
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February 22, 1994

abatement of 1992 and 1993 taxes by Floyd K. and Marian Fayette on Lot 8, Block 10, Original Townsite (312 North 4th Street), and recommended that the applications be approved as submitted.

It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE CALL FOR BIDS FOR DEMOLITION OF
BUILDING AT 1310 8TH AVENUE NORTH, AND AUTHORIZE
CITY AUDITOR TO ADVERTISE LOT FOR SALE

Committee No. 1, Finance, reported having considered the matter of City-owned lot at 1310 8th Avenue North, and recommended that we call for bids for the demolition of the building at 1310 8th Avenue North, including water shut-off and putting site back to level, with completion date of June 15, and with a bid date of April 1; declaring the lot as surplus, and authorizing the city auditor to advertise lot for sale.

It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE CHANGE ORDERS FOR CITY HALL PROJECT

Committee No. 1, Finance, reported having considered the change orders for the City Hall project (No. 3812), M-VII, C.L.Linfoot Company, $2,278.45, and G-XXVII, Peterson Construction Company, $3,511.69, and recommended the change orders be approved with the exception of item 2 on Change Order M-VII in the amount of $288.32 and item 1 on Change Order G-XXVII in the amount of $272.19.

It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Hagness - 11; voting "nay": none. Vice President Hagness declared the motion carried.

ADOPT RESOLUTION PROVIDING FOR REGULATION
OF CUSTOMER SERVICE STANDARDS

Committee No. 1, Finance, reported having considered the matter of cable TV service standards, and recommended that we adopt the resolution to provide for the regulation of customer service standards of any cable television system operating in the city of Grand Forks, and adopting FCC regulations.

It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member McCabe introduced the following resolution which was presented and read: Document No. 6192 - Resolution.

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

AUTHORIZE ENTERING INTO JOINT POWERS AGREEMENT
FOR JOINT CITY/COUNTY/SCHOOL ELECTION

Committee No. 1, Finance, reported having considered the matter of joint powers agreement for joint city/county/school election, and recommended that we authorize the proper City officials to enter into the joint powers
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February 22, 1994

agreement on joint election and that the city attorney and states attorney work out details.

It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 11 votes affirmative.

INTRODUCE ORDINANCE AMENDING ORDINANCE
NO. 875 TO ALLOW REINVESTMENT OF WATER
RESERVE ACCOUNT

Committee No. 1, Finance, reported having considered the matter of bond reserve on 1976 Water Revenue Bonds, and recommended that we instruct the city attorney to draft an ordinance amending Ordinance No. 875 to allow reinvestment of the reserve account, and to introduce the ordinance for first reading.

It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Hanson introduced an ordinance entitled "An ordinance


which was presented, read and passed on its first reading.

ADOPT RESOLUTION TO ESTABLISH ACCOUNT
WITH LINK INVESTMENT SERVICES

Committee No. 1, Finance, reported having considered the matter of resolution to establish account with Link Investment Services, and recommended adoption of the resolution, subject to review by the city attorney.

It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member McCabe introduced the following resolution which was presented and read: Document No. 6130 - Resolution.

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

INTRODUCE ORDINANCE TO AMEND PENSION PLAN
RELATING TO NORMAL RETIREMENT INCOME

Committee No. 1, Finance, reported having considered the matter of amendment to pension plan ordinance, and recommended introduction of an ordinance to amend Section 7-0206, subsection (3) of the City Code, Income for Service after January 1, 1970 (future service) to reflect the approved pension plan benefit at retirement, with the effective date of said ordinance to be retroactive to January 1, 1993.

It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Beyer introduced an ordinance entitled "An ordinance amending Section 7-0206(3) of the Grand Forks City Code relating to normal retirement income", which was presented, read and passed on its first reading.

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February 22, 1994

AUTHORIZE PURCHASE OF LAND FOR FUTURE FIRE
STATION SITE

Committee No. 1, Finance, reported having considered the matter of land for future fire station site (parcel of land 200'x200' (40,000 sq.ft. or .92 acres) at 36th Avenue South and South Columbia Road, and recommended that we authorize purchase of the property located at 36th Avenue South and South Columbia Road at $1.70 per sq.ft. for a total of $68,000 from Arthur Greenberg, Jr. and authorize entering into a purchase agreement giving Mr. Greenberg right of first refusal.

It was moved by Council Member McCabe and seconded by Council Member Shores that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Hagness - 11; voting "nay": none. Vice President Hagness declared the motion carried.

COUNCIL MEMBER LIEN EXCUSED

APPROVE REQUEST BY PRAISE GOD PARADE PLANNING
COMMITTEE TO HOLD PARADE ON MAY 15

Committee No. 2, Public Safety, reported having considered the request by Praise God Parade Planning Committee to hold parade on May 15 (alternate date of May 22), and recommended that we approve the request, subject to coordinating with the police department, and signing of an indemnity and hold harmless agreement.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

APPROVE APPLICATION FOR CLASS 3 ALCOHOLIC
BEVERAGE LICENSE AT 1140 36TH AVENUE SOUTH

Committee No. 2, Public Safety, reported having considered the application for Class 3 alcoholic beverage license (Off and/or On Sale Beer and Wine) at 1149 36th Avenue South by Mark R. Johnson dba Parrots Cay Tavern, and recommended that the application be approved, subject to final inspection by the fire, health and inspection departments.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

AUTHORIZE REMOVAL OF PARKING ON PORTION OF
6TH AVENUE NORTH AT CARLETON COURT

Committee No. 2, Public Safety, reported having considered the matter of traffic concerns at 6th Avenue North and Carleton Court, and recommended removal of parking on the south side of 6th Avenue North for two car lengths from the corner on both sides of each approach to Carleton Court.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

ACCEPT BID FOR POLICE VEHICLES

Committee No. 2, Public Safety, reported having considered the matter of bids for police vehicles, and recommended that we accept the bid of Hansen Ford in
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February 22, 1994

the amount of $77,132.05 for the purchase of 9 vehicles, including tradein of 8 vehicles.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Upon roll call the following voted "aye"; Council Members Beach, McCabe, Hoeppner, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Hagness - 11; voting "nay": none. Vice President Hagness declared the motion carried.

APPROVE BUDGET AMENDMENTS AND INTRODUCE
ORDINANCES TO AMEND ANNUAL APPROPRIATIONS
BILL ORDINANCE FOR CALENDAR YEAR 1994

Committee No. 2, Public Safety, reported having considered a request to amend the police department budget to reflect narcotics Enforcement Grant in the amount of $4,000, and recommended approval of the request and introduction of an ordinance.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Council Member Hoeppner introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (police department), which was presented, read and passed on its first reading.

Committee No. 2, Public Safety, reported having considered a request to amend police department/special grants fund to reflect anti-drug abuse grant in the amount of $113,000, and recommended approval of the request and introduction of an ordinance.

It was moved by Council Member Crawford and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 10 votes affirmative.

Council Member Hoeppner introduced an ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994", (special grant fund/Narcotics investigation), which was presented, read and passed on its first reading.

COUNCIL MEMBER LIEN REPORTED BACK

ADOPT RESOLUTION DECLARING UNIVERSITY OF
NORTH DAKOTA FOUNDATION AS PUBLIC-SPIRITED
ORGANIZATION ELIGIBLE TO CONDUCT GAMING

The matter of recognizing the University of North Dakota Foundation as a public-spirited organization eligible to conduct gaming (raffle) was presented to the council.

Council Member Beyer introduced the following resolution which was presented and read: Document No. 6194 - Resolution.

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

INTRODUCE ORDINANCES REVISING SANITATION RATES
TO INCLUDE FEE FOR LANDFILL RELEASE COMPENSATION
FUND

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February 22, 1994

Committee No. 3, Public Service, reported having considered the matter of revisions to sanitation rates due to Landfill Release Compensation Fund, and recommended to accept the recommendation of the sanitation department as follows: 1) the residential and commercial minimum charge be increased by $0.25, from $6.80 to $7.05 per month; 2) the collection rate for mobile containers be increased by $0.30, from $6.50 to $6.80 per cubic yard per collection; 3) the landfill rate for residents of Grand Forks and East Grand Forks be increased from $18.75 to $19.75; and further that rental rate for mobile containers shall be as follows: the rental rate for mobile containers shall be $9.00 for a one-cubic yard mobile container per month, $14.00 for a two-cubic yard mobile container per month; $19.00 for a four-cubic yard container per month, $26.00 for a six-cubic yard container, and $33.00 for an eight cubic yard container; and rental charges for roll-off container units and collection rates shall be as follows: container rental shall be $4.00 per cubic yard of capacity per month; the collection rate for an enclosed roll-off container shall be $6.80 per cubic yard of capacity per collection; and the collection rate for an open roll-off container shall be $6.80 per cubic yard of capacity per collection.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Hanson introduced ordinances entitled "An ordinance amending Section 13-0408 of the Grand Forks City Code relating to garbage collection fees", and "An ordinance amending Section 13-0502 of the Grand Forks City Code relating to landfill dumping fees", which were presented, read and passed on first reading.

ACCEPT BIDS FOR PROJECT NO. 3832, IMPROVEMENTS
AT PRE-AERATION WASTEWATER CELLS

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 3832, improvements at pre-aeration wastewater cells, and recommended that we award Moorhead Construction Co. the contract for general and mechanical construction based on their combined bid in the amount of $999,477.00 and the electrical contract to Samson Electric, Ltd. in the amount of $61,989.00.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Hagness - 11; voting "nay": none. Vice President Hagness declared the motion carried and the contracts awarded.

AUTHORIZE ENTERING INTO COST PARTICIPATION
AND MAINTENANCE WITH NORTH DAKOTA DEPARTMENT
OF TRANSPORTATION, CITY PROJECT NO. 4002,
GATEWAY DRIVE PHASE III

The proposed agreement with the North Dakota Department of Transportation, cost participation and maintenance agreement for rehabilitation of Gateway Drive from 55th Street to East I-29 ramp intersection and the I-29 interchange; Project Nos. NH-STN-6-002(043)354 (Gateway Drive between 51st Street and 55th Street, service road between 55th Street and I-29, and bikeway along Gateway Drive between 55th Street and 42nd Street); IM-6-029(014)141 (47th Street between Gateway Drive and 12th Avenue North); and STI-6-029(002)136 (Bikeway through the I-29 interchange), were presented and read.

Committee No. 3, Public Service, reported having considered the matter of cost participation and maintenance agreement for Project No. 4002, Gateway Drive Phase III, and recommended that we authorize proper City officials to enter
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February 22, 1994

into agreement with the ND Dept. of Transp. with City's share $594,146.00.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, McCabe, Hoeppner, Hanson, Glassheim, Crawford, Carpenter, Lien, Beyer, Shores, Hagness - 11; voting "nay": none. Vice President Hagness declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
CALL FOR BIDS FOR WATERMAIN REPLACEMENT PROJECT
NO. 4164

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4164, watermain replacement in 11th Avenue North area, and recommended that we approve plans and specifications and authorize call for bids with a due date of March 14, 1994.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
CALL FOR BIDS FOR STREET LIGHTING IN BURDICK'S
RESUBDIVISION, PROJECT NO. 4094

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4094, street lights in Burdick's Resubdivision, and recommended that we approve plans and specifications and authorize call for bids with a due date of March 21, 1994.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 11 votes affirmative.

RECEIVE AND FILE MATTER OF BIKEPATH EXTENSION
ON DEMERS AVENUE (42ND STREET TO NORTH 55TH
STREET)

Committee No. 3, Public Service, reported having considered the matter of extension on DeMers Avenue (42nd Street to North 55th Street), and recommended to receive and file.

It was moved by Council Member Beyer and seconded by Council Member Beach that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE ENTERING INTO COST PARTICIPATION AND
MAINTENANCE AGREEMENT WITH NORTH DAKOTA DEPARTMENT
OF TRANSPORTATION FOR 32ND AVENUE SOUTH RECONSTRUCTION,
PROJECT NO. 4126