Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
Monday, December 19, 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 Monday, December 19, 1994 at the hour of 7:30 o'clock p.m. with Mayor Polovitz presiding. Present at roll call were Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; absent: McCabe - 1.

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

ADOPT ORDINANCE NO. 3482, AMENDING LAND
DEVELOPMENT CODE, PERTAINING TO SIGNS
PERMITTED IN THE U-D (UNIVERSITY) DISTRICT

An ordinance entitled "An ordinance amending the Land Development Code Chapter XVIII; Article 3, Rules and Regulations; Section 18-0301, Signs, and Article 2, Zoning; Section 18-0204, Rules and Definitions, of the Grand Forks City Code of 1987, as amended, pertaining to the signs permitted in the U-D (University) District", which had been introduced and passed on its first reading on October 17, 1994, and upon which public hearing had been continued from November 7, 1994, until this evening, was presented and read for consideration on second reading and final passage.

Mayor Polovitz called for the public hearing.

Council Member Sande asked what kind of off-premise advertising would be permitted on the reader boards. Bob Bushfield, city planner, stated there was nothing specific in the ordinance, however, University officials told Planning and Zoning Commission that there would be no distasteful advertising on the signs (liquor, cigarettes, etc.), reader boards mainly to advertise events at UND, some off-premise businesses in the community.

There being no further comments, Mayor Polovitz closed the public hearing.

The Planning and Zoning Commission reported having considered the request from Al Hoffarth on behalf of the University of North Dakota for final approval of an ordinance to amend the text of the Land Development Code, Section 18-0301, Signs Permitted in the U-D (University) District, and recommended final passage of the ordinance as amended.

It was moved by Council Member Hagness and seconded by Council Member Geller that this recommendation be and is hereby approved, and the ordinance be amended as follows: to delete words "..deleting all references to the U-D (University) District..." in first sentence of Section 1; include the word "administration" after housing complexes, and before office buildings, in first sentence of subsection (D) of Section 2; and subsection (E) of Section 2 shall read as follows: "Entrance signs are permitted at the four major entrances to the university. The signs shall identify the university and be free of any permanent off-premises advertising; however, off-premise advertising will be permitted on the reader boards. The location site of entrance signs will be approved for each entrance sign on a case by case basis by the Planning and Zoning Commission. The sign size shall be limited to the dimensions shown in Appendix F." (size of two or three-sided illuminated entrance signs changed from 21 ft. max. to 18.8 feet max). Carried 12 votes affirmative.


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Upon call for the question of adoption of this ordinance, as amended, and upon roll call vote the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE FINAL PLAT; CONTINUE PUBLIC HEARING
AND TABLE ORDINANCE AMENDING STREET AND HIGHWAY
PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED
ON THE PLAT OF RAY RICHARD'S GOLF COURSE
ADDITION TO JANUARY 17, 1995

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 Ray Richard's Golf Course Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Northwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on November 7, 1994, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening, and that no protests or grievances had been filed with his office.

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

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Plant Services of the University of North Dakota for final approval of the plat of Ray Richard's Golf Course Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Northwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian (located south of DeMers Avenue between South 34th Street and South 42nd Street), and recommended tabling the matter and continuing the public hearing until January 17, 1995.

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

APPROVE FINAL PLAT; CONTINUE PUBLIC HEARING
AND SECOND READING OF ORDINANCE AMENDING STREET
AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF DEMERS EIGHTH ADDITION

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 DeMers Eighth Addition, being a portion of the North Half of the Southwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian, Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 7, 1994, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading.

The city auditor reported that the required legal notice calling for a public hearing to be held on this matter this evening had been published as required, and further that no protests or grievances had been filed with his office.

Mayor Polovitz called upon the audience to see if there was anyone present who 13831
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had comments to make on this matter. There were none.

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Pentas Division of Trillium Corporation for final approval of a plat of DeMers Eighth Addition to the city of Grand Forks, North Dakota, being a portion of the North Half of the Southwest Quarter of Section 8, Grand Forks Township 151 North of Range 50 West of the 5th Principal Meridian (located south of DeMers Avenue between South Columbia Road and South 30th Street), and recommended tabling the matter and continuing the public hearing until January 17, 1995.

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

ADOPT ORDINANCE NO. 3483, AMENDING ZONING MAP
TO INCLUDE WITHIN VILLAGE PUD (PLANNED UNIT
DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT
NO. 1, VILLAGE RESUBDIVISION NO. 2

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota to rezone and exclude from the Village PUD (Planned Unit Development), Concept Development Plan and to include within Village PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, Village Resubdivision No. 2, Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 7, 1994, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.
Mayor Polovitz called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The Planning and Zoning Commission reported having considered the matter of the request from Dan Mikkelson on behalf of Francis Mikkelson for final approval of Village PUD (Planned Unit Development) Concept Development Plan, Amendment No. 1, Village Resubdivision No. 2 (located north of University Avenue between North 42nd Street and I-29), and recommended final approval subject to special conditions shown on or attached to the review copy and final passage of the ordinance.

It was moved by Council Member Hagness and seconded by Council Member Sande 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 Member Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO.
3484, AMENDING STREET AND HIGHWAY PLAN TO
INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE
PLAT OF DAVIDSON ADDITION

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

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shown as dedicated on the plat of Davidson Addition, Grand Forks Township, Grand Forks County, North Dakota, being a part of Government Lots 8, 10, 11 and all of Government Lot 9, Section 36, Township 151 North, Range 50 West of the 5th Principal Meridian", which had been introduced and passed on its first reading on November 7, 1994, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing to be held on this matter this evening and further that to date no protests or grievances had been filed with his office.

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

The Planning and Zoning Commission reported having considered the matter of the request from CPS, Ltd. on behalf of Burdell Davidson for final approval of the plat of Davidson Addition, Grand Forks Township, Grand Forks County, North Dakota, being a part of Government Lots 8, 10, 11, and all of Government Lot 9, Section 36, Township 151 North of Range 50 West of the 5th Principal Meridian (located in the 6900 block of Southeast 14th Street), and recommended final approval subject to special conditions shown on or attached to the review copy, including a variance to the average lot size and final passage of the ordinance.

It was moved by Council Member Hagness and seconded by Council Member Glassheim 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3485, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (PARKING
RAMP BUDGET)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Parking Ramp budget), which had been introduced and passed on its first reading on December 5, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3486, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994
(EMERGENCY MANAGEMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Emergency Management), which had been introduced and passed on its first reading on December 5, 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, Hoeppner, Hamerlik,

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Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3487, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (URBAN
DEVELOPMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development budget, $38,257), which had been introduced and passed on its first reading on December 5, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3488, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (URBAN
DEVELOPMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development, $153,860), which had been introduced and passed on its first reading on December 5, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3489, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (URBAN
DEVELOPMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development, $348,891), which had been introduced and passed on its first reading on December 5, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3490, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (URBAN
DEVELOPMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development, $250,000), which had been introduced and passed on its first reading on December 5, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson,

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Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3491, AMENDING ANNUAL
APPROPRIATIONS BILL ORDINANCE FOR 1994 (URBAN
DEVELOPMENT)

An ordinance entitled "An ordinance amending annual appropriations bill ordinance for the calendar year 1994" (Urban Development, $826,522), which had been introduced and passed on its first reading on December 5, 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

ADOPT ORDINANCE NO. 3492, ANNEXING BLOCK A,
LOT A, KORYNTA-LEMM SUBDIVISION TO THE CITY

An ordinance entitled "An ordinance to annex to the city of Grand Forks, North Dakota, Block A, Lot A, Replat of Korynta-Lemm Subdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on November 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.

Upon call for the question of adoption of this ordinance, and upon roll call vote, the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the ordinance adopted.

RESET PUBLIC HEARING ON APPLICATION BY TAG
FOR FIVE-YEAR PROPERTY TAX EXEMPTION TO
JANUARY 17, 1995

The city auditor reported that pursuant to the provisions of Section 40-57.1 of the North Dakota Century Code, notice is required to be given by the applicant that the city council will meet to consider the application for the five-year exemption of taxes; and that Technology Applications Groups, Inc. (TAG) did not make publication as required.

It was moved by Council Member Hoeppner and seconded by Council Member Hamerlik that we reschedule the public hearing on this application for Tuesday, January 17, 1995 at 7:30 p.m. Carried 12 votes affirmative.

HOLD PUBLIC HEARING ON APPLICATION FOR
GROWTH FUND MONIES BY POWERTEK, AND APPROVE
APPLICATION

Mayor Polovitz called for the public hearing on the application by PowerTek for Growth Fund monies. There were no comments and Mayor Polovitz closed the public hearing.

It was moved by Council Member Beach and seconded by Council Member Sande that the application by PowerTek be approved. Upon roll call the following voted

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"aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Hagness and seconded by Council Member Sande that consent agenda items be referred to the proper committee for consideration and report back.

Public Service Committee:
1) matter of job descriptions for inspection department.

Council Member Hamerlik asked to be excused from voting on this item. It was moved by Council Members Hagness and Klave to excuse Council Member Hamerlik from voting on this matter. Carried 10 votes affirmative.

Upon call for the question and upon voice vote, the motion carried 11 votes affirmative; Council Member Hamerlik abstaining.

REPORTS OF OFFICERS

The city auditor's statement of changes in cash balances as of November 30, 1994, was presented and read. It was moved by Council Member Hoeppner and seconded by Council Member Beach that this report be and is hereby received and filed. Carried 12 votes affirmative.

REPORT OF BOARD OF ZONING ADJUSTMENTS

A communication from Bruce Melin, building inspector, was presented and read stating that the Board of Zoning Adjustments had held a public hearing in City Hall on Thursday, December 8, 1994, that notice had been published as required and that the following appeals were heard: 1) Kevin and Timothy Useldinger, 2110 DeMers Avenue, request for variance to the side-yard setback requirements to erect an addition to a potato warehouse building, and that the Board unanimously voted to allow a variance from 15 ft. to 3 ft. on the north side to provide a rail loading dock for potato warehouse; 2) B & B Partnership (Marland Lee, New Vision Fiberglass, agent), 2525 North Washington Street, request for variance to paved parking requirements and to landscaping requirements to construct a building, and that the Board deferred the required landscaping and to provide parking for five years on the development presently used by New Vision; 3) Valdak Corporation, 324 North Washington Street, request for variance to the side-yard, front-yard, second front-hard and landscaping, and paving requirements to erect a building, and the Board moved to allow the building of the car wash with the variances listed in a memo to the Planning Department.

It was moved by Council Member Hanson and seconded by Council Member Carpenter to receive and file the report. Carried 12 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 94-22, dated December 19, 1994, and totaling $1,709,249.23, 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 Klave and seconded by Council Member Sande 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, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none.

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Mayor Polovitz declared the motion carried and the bills ordered paid.

APPROVE APPLICATION FOR THREE-YEAR TAX
EXEMPTION FOR IMPROVEMENTS TO PROPERTY

Committee No. 1, Finance, reported having considered the application for three-year exemption of improvements to property at 2714 32nd Avenue South, and recommended approval be granted for three-year exemption for improvements to the property located at 2714 32nd Avenue South.

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

REJECT BID FOR PROPERTY AT 40TH AVENUE
SOUTH AND SOUTH WASHINGTON STREET

Committee No. 1, Finance, reported having considered the matter of bid for City-owned property, Lot 1, Block 1, Flaat-Mikkelson Addition (property located at 40th Avenue South and South Washington Street), and recommended that we reject the bid in the amount of $35,000 and direct the director of finance and administrative services to enter into negotiation with the American Red Cross on a mutually agreeable price.

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

APPROVE RETROACTIVE PAY FOR POLICE OFFICERS
TO APRIL 1, 1992 AS RESULT OF RECLASSIFICATION

Committee No. 1, Finance, reported having considered the matter of police officers' retroactive pay, and recommended approval of retroactive pay to April 1, 1992 due to the issue regarding the classification of officers was brought to the attention of the council prior to the April 1, 1993 date.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Beach, Hoeppner, Hamerlik, Hanson, Glassheim, Carpenter, Sande, Klave, Babinchak, Geller, Johnson, Hagness - 12; voting "nay": none. Mayor Polovitz declared the motion carried.

INTRODUCE ORDINANCE RELATING TO CIVIL SERVICE
CODE AND SENIORITY

Committee No. 1, Finance, reported having considered the matter of proposed amendment to Civil Service Code to allow employees with break in service to retain seniority, and recommended that we adopt the language of the on-the-job injury draft effective January 1, 1995.

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

Council Member Sande introduced an ordinance amending Section 6-0526 of the Grand Forks City Code relating to the Civil Service Code and seniority", which was presented, read and passed on its first reading.

APPROVE BUDGET AMENDMENT

A request for transfer of $2,004.00 in the Finance and Administration budget

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from Wages-Temporary to Contractual Services to cover temporary secretary wages to Kelly Services, was presented and read.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this transfer be and is hereby approved. Carried 12 votes affirmative.

APPROVE BILLS FOR CONVENTION & VISITORS'
BUREAU

Committee No. 1, Finance, reported having considered the matter of bills for Convention & Visitors' Bureau due to change in nature of bond and date, and recommended that the bills be approved for payment.

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

DIRECT FINANCE COMMITTEE TO REVIEW BILL
LISTINGS

Committee No. 1, Finance, reported having considered the matter of bill listing, and recommended that the finance committee members be given a copy of the bill listing for review and all other council members be given a copy upon request from the finance and administrative office, and one copy be made available to the public.

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

RECEIVE AND FILE MATTER OF TRANSFER OF WAGE
AND SALARY LINE ITEMS CARRYOVER TO OTHER
BUDGETED CATEGORIES

Committee No. 1, Finance, reported having considered the matter of transfer of wage and salary line items carryover to other budgeted categories, and recommended to receive and file.

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

Mayor Polovitz stated that he had sent memo to council members and that he is advocating a no vote on this matter. Council Member Carpenter noted that council has already approved this transfer policy, that they should give it an opportunity to work and if any abuse of policy, can be brought back; that they have already budgeted these dollars within the department, and this will allow department to utilize funds in a different manner.

The city auditor expressed some concern that if try to budget more tightly the personnel area, its very hard to project vacancies, but too hard to determine time between person leaving and filling of that position, and if those funds become significant it could create some headaches.

COUNCIL MEMBER BEYER REPORTED PRESENT

It was noted that if they give this a trial period, policy could be changed by ordinance amendment.

After further discussion and upon call for the question and upon voice vote, the motion carried.

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APPROVE APPLICATIONS FOR 1995 ALCOHOLIC
BEVERAGE LICENSES

Committee No. 2, Public Safety, reported having considered the applications for alcoholic beverage licenses for 1995, and recommended that applications for alcoholic beverage licenses for 1995 be approved as follows:

Class 1 (General On and Off Sale Liquor and Beer): Big Daddy's Lounge & Off Sale, 1405 DeMers Avenue; Bronze Boot Lounge, Inc., 1804 North Washington Street; Bun Lounge, Inc., 1708 State Mill Road; Charlie Brown Enterprises, Inc. dba Charlie Brown's Bar, 414 Gateway Drive; Dagwood's, Inc. dba Dagwood's Pub & Bottle Shop, 1395-D South Columbia Road; Denny's Tavern, Inc., 1011 South Washington Street; Diamond Lounge, Inc., 1607 DeMers Avenue; El Roco Lounge, Inc., 1730 13th Avenue North; Highlander, Inc., 1448 South Washington Street; Himax Corporation dba Griggs Landing, 105 North 3rd Street; J.E.P., Inc. dba Best Western Fabulous Westward Ho Motel, 3400 Gateway Drive; Johnny's Lounge, Inc., 701 South 15th Street; K.C. Building Assoc., Inc. dba Knights of Columbus Columbian Club, 601 University Avenue; L.R. & R., Inc. dba Southgate Off-Sale & Lounge, 2525 South Washington Street; McGuire's Bar, Inc., 124 South 3rd Street; McMenamy's Tavern, Inc., 1602 State Mill Road; Redwing Uptown Recreation, Inc. dba Uptown Bar, 116 South 3rd Street; Bradley A. Spicer, Inc. dba Long Haul Saloon, 4720 Gateway Drive; WPS, Inc. dba Whiskey Point Saloon, 23 South 3rd Street; DJL, Inc. dba Chaps Saloon, 118 North 3rd Street (license held in abeyance); Hub Bar, Inc., 205 North 3rd Street; Double S.M., Inc. dba Rumors, 1820 South Washington Street; Frenchy's, Inc. (license held in abeyance); L.T.D. Investments, Inc. dba The Edge, 10 North 3rd Street; Dickey Doo's, Inc. dba Skipper Kelly's Bar, 309 North 3rd Street; Crackers, Inc. dba Campus Liquors, 4220 5th Avenue North.

Class 2 (Off Sale Alcoholic Beverages): Deraney's Liquors, Inc., 121 North Washington Street; Happy Harry's, Inc. dba Happy Harry's Bottle Shop, 2215 Gateway Drive; Happy Harry's Tax Free Liquor, Inc. dba Happy Harry's Bottle Shop, 2051 32nd Avenue South; Jack's Liquor Store, Inc. dba Columbia Liquors, 2519 32nd Avenue South; Rite Spot Liquor Store, Inc., 1901 South Washington Street.

Class 3 (Off and/or On Sale Beer and Wine): Bonzer's on Fourth, Inc. dba Bonzer's on Fourth, 12 North 4th Street; FGF, Inc. dba Happy Joe's Pizza & Ice Cream, 2909 South Washington Street; GFP of the Dakotas, Inc. dba Godfather's Pizza, 2100 South Columbia Road; Italian Moon, Inc. dba Italian Moon Pizza, 810 South Washington Street; Mark R. Johnson dba Parrot's Cay Tavern, 1149 36th Avenue South; Robert A. McGoven dba Broken Drum Tavern, 1503 North Washington Street; Ole & Paco's Mexican Village, Inc., 1218 South Washington Street; Pizza Hut of America, Inc. dba Pizza Hut, 2751 32nd Avenue South; Rogalla, Inc. dba Judy's Tavern, 1221 North 20th Street; Topper's Inc. dba 42nd Street Eatery, 425 North 42nd Street; Topper's South, Inc. dba Topper's Hamburger Grill & Malt Shoppe, 3205 South Washington Street; LaBrasa, Inc., 2500 South Washington Street; Breakout Billiards, Inc., 9 North 3rd Street; Grand Forks Pizza, Inc. dba Shakey's Pizza Parlor, 3225 South Washington Street.

Class 4 (Food and Beverage Establishment): The Cattle Company dba Sir John Barley-corne, Columbia Mall, 2800 South Columbia Road; Chi-Chi's, Inc. dba Chi-Chi's Mexican Restaurante, 3000 32nd Avenue South; Delta Hospitality Management dba The Ground Round, 2800 32nd Avenue South; General Mills Restaurants, Inc. dba Red Lobster #641, 2675 32nd Avenue South; Grandapple L.L.C. dba Applebee's Neighborhood Grill, 2851 South Columbia Road; Ingrid Lu Knox and Yu Lan Salter dba Hunan Restaurant, 2100 South Columbia Road; Players Sports Grill & Bar, Inc., 2120 South Washington Street; S.O.G.F., Inc. dba Speedway, 805 North 42nd Street; P.R. Waind Company, Inc. dba G.F. Goodribs, 4223 12th Avenue North; World Investment Corp. dba LaCampana, 905 South

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Washington Street; Emperor's Garden Restaurant, Inc. dba Emperor's Garden, 1950 South Columbia Road; Paul Kimball Holmes dba Sander's 1907, 312 Kittson Avenue; Shangri-La Inn, Inc., 4220 5th Avenue North.

Class 5 (Hotel-Motel Alcoholic Beverages): Astro Motels, Inc. dba Ramada Inn, 1205 North 43rd Street; Grand Forks Motel Enterprises, Inc. dba Holiday Inn, 1210 North 43rd Street; Town House Motor Inn, Inc., 710 1st Avenue North.

Class 6 (Fairgrounds Beer and Wine): Grand Forks Fair & Exhibition Assn., Inc., Fairgrounds, 2124-B Gateway Drive.

Class 8 (Airport Alcoholic Beverage): Clean & Green, Inc. dba Crosswinds, 2787 Airport Road.

Class 9 (Bowling Center Alcoholic Beverage): R & F Company, Inc. dba Red Ray Lanes, 2105 South Washington Street.

Class 10 (Excursion Boat Alcoholic Beverage): Dakota Queen, Inc., 67 South Riverboat Road.

Class 12 (Sunday Alcoholic Beverage): Big Daddy's Lounge & Off-Sale, Inc., 1405 DeMers Avenue; Bronze Boot, Inc., 1804 North Washington Street; Bun Lounge, Inc., 1708 State Mill Road; Charlie Brown Enterprises, Inc. dba Charlie Brown's Bar, 414 Gateway Drive; Crackers, Inc., 4220 5th Avenue North; DJL, Inc. dba Chaps Saloon, 118 North 3rd Street (license held in abeyance); Dagwood's, Inc. dba Dagwood's Pub & Bottleshop, 1395-D South Columbia Road; Denny's Tavern, inc., 1011 South Washington Street; Diamond Lounge, Inc., 1607 DeMers Avenue; El Roco Lounge, Inc., 1730 13th Avenue North; Frenchy's, Inc. (held in abeyance); Himax Corporation dba Griggs Landing, 105 North 3rd Street; Highlander, Inc., 1448 South Washington Street; Hub Bar, Inc., 205 North 3rd Street; J.E.P., Inc. dba Best Western Fabulous Westward Ho Motel, 3400 Gateway Drive; Johnny's Lounge, Inc., 701 South 15th Street; K.C. Building Assoc., Inc. dba Knights of Columbus Columbian Club, 601 University Avenue; Dicky Doo's, Inc. dba Skipper Kelly's Bar, 309 North 3rd Street; L.T.D. Investments, Inc. dba The Edge/Jonsey's Dugout, 10 North 3rd Street; Redwing Uptown Recreation, Inc. dba Uptown Bar, 112-118 South 3rd Street; McGuire's, Inc., 124 South 3rd Street; McMenamy's Tavern, Inc., 1602 Mill Road; Double S.M., Inc. dba Rumors, 1820 South Washington Street; L.R. & R., Inc. dba Soughtate Off Sale & Lounge, 2525 South Washington Street; Bradley A. Spicer, Inc. dba Long Haul Saloon, 4720 Gateway Drive; WPS, Inc. dba Whiskey Point Saloon, 23 South 3rd Street; Jack's Liquor Store, Inc. dba Columbia Liquors, 2519 32nd Avenue South; Rite Spot Liquor Store, Inc., 1901 South Washington Street; Deraney's Liquor, Inc., 121 North Washington Street; Happy Harry's Bottle Shop, Inc., 2215 Gateway Drive; Happy Harry's Tax Free Liquor, Inc. dba Happy Harry's Bottle Shop, 2051 32nd Avenue South; Bonzer's on Fourth, Inc., 12 North 4th Street; Italian Moon, Inc. dba Italian Moon Pizza, 810 South Washington Street; LaBrasa, inc., 2500 South Washington Street; Pizza Hut of America, Inc. dba Pizza Hut, 2751 32nd Avenue South; Topper's South, Inc., 3205 South Washington Street; Topper's, Inc., 425 North 42nd Street; Grand Forks Pizza, Inc. dba Shakey's Pizza Restaurant, 3225 South Washington Street; mark R. Johnson dba Parrot's Cay Tavern, 1149 36th Avenue South, Breakout Billiards, 9 North 3rd Street; Ole & Paco's Mexican Village, Inc., 1218 South Washington Street; GFP of the Dakotas, Inc. dba Godfather's Pizza, 2100 South Columbia Road; FGF, Inc. dba Happy Joe's Pizza & Ice Cream Parlor, 2909 South Washington Street; Rogalla, Inc. dba Judy's Tavern, 1221 North 20th Street; Robert A. McGoven dba Broken Drum, 1503 North Washington Street; Paul Kimball Holmes dba Sanders 1907, 312 Kittson Avenue; World Investment Corporation dba Paradiso/LaCampana, 905 South Washington Street; General Mills Restaurants, Inc. dba Red Lobster #0641, 2675 32nd Avenue South; The Cattle Company dba Sir John Barley-corne, 2800 South Columbia Road; Ingrid Lu Knox and Yu Lan Salter dba Hunan Restaurant, 2100 South Columbia Road;

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Delta Hospitality Management, Inc. dba Ground Round, 2800 32nd Avenue South; Grandapple, LLC, dba Applebee's Neighborhood Grill & Bar, 2851 South Columbia Road; SOGF, Inc. dba Speedway, 805 North 42nd Street; P.R. Waind Company, Inc. dba G.F. Goodribs, 4223 12th Avenue North; Players Sports Grill & Bar, Inc., 2120 South Washington Street; Chi-Chi's, Inc. dba Chi-Chi's Mexican Restaurante, 3000 32nd Avenue South; Emperor's Garden Restaurant, Inc., 1930 South Columbia Road; Shangri La Inn, Inc., 4220 5th Avenue North; Town House Motor Inn, Inc., 710 1st Avenue North; Astro Motels, Inc. dba Ramada Inn, 1205 North 43rd Street; Grand Forks Motel Enterprises, Inc. dba Holiday Inn, 1210 North 43rd Street; Greater Grand Forks Fair & Exhibition Assn., Inc., Fairgrounds, 2124-B Gateway Drive; Clean & Green, Inc. dba Crosswinds, 2787 Airport Drive; Dakota Queen, Inc., 67 South Riverboat Road; R & F Company, Inc. dba Red Ray Lanes, 2105 South Washington Street.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 13 votes affirmative.

APPROVE APPLICATIONS FOR TAXICAB AND
AIRPORT LIMOUSINE LICENSES

Committee No. 2, Public Safety, reported having considered the applications for renewal of taxicab and airport limo licenses for 1995 (Nodak Radio Cab Company, Grand Forks Taxi Company and lst Class Limousine), and recommended approval subject to approval of the police department.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 13 votes affirmative.

MATTER OF GRANTS FOR FUNDING OF POLICE
OFFICER POSITIONS

Committee No. 2, Public Safety, reported having considered the matter of grants for funding of police officers (COPS on the Beat), and recommended that we submit application for funding one officer under this program.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 13 votes affirmative.

REQUEST FROM POLICE DEPARTMENT TO PURCHASE
BODY ARMOR UNDER STATE BID

Committee No. 2, Public Safety, reported having considered the matter of request from police department to purchase body armor under North Dakota State bid, and recommended approval be granted for purchase of body armor under North Dakota State bid.

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 13 votes affirmative.

AUTHORIZE RIGHT TURN ONLY LANE ON 5TH
STREET FOR NORTHBOUND TRAFFIC APPROACHING
DeMERS AVENUE

Committee No. 2, Public Safety, reported having considered the matter of placing sign "right turn only" on 5th Street and DeMers, south side of DeMers, and recommended that signs and markings be installed to create a right turn only lane for northbound traffic on 5th Street approaching DeMers Avenue.

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December 19, 1994

It was moved by Council Member Sande and seconded by Council Member Hoeppner that this recommendation be and is hereby approved. Carried 13 votes affirmative.