PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF GRAND FORKS, NORTH DAKOTA May 19, 2008

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1 PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF GRAND FORKS, NORTH DAKOTA May 19, 2008 The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 19, 2008 at the hour of 5:30 o clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Hutchison, McNamara, Glassheim, Christensen, Bakken (teleconference), Kreun - 6; absent: Council Member Gershman - 1. 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 commented on various items during the past week and upcoming events: Welcome to Boy Scout Troop 16 We were saddened at the loss of Chuck Bundlie and also the passing of Dr. Donald Barcome, Sr., and on behalf of City wants to extend our sympathies and prayers to their families and friends. We were pleased to have a ceremony welcoming back the 188th Air Defense Artillery at the Armory on Saturday, they returned in January but important to welcome them back with Governor Hoeven, Senator Dorgan and Congressman Pomeroy as well as General Sprynczynatyk, and want to extend our heartiest welcome and thank them for their services to our country. This past Saturday held the first of two planning meetings with the Near Northside Neighborhood, meeting was funded by the Knight Foundation and organized by the local Community Foundation and our staff at Urban Development; next meeting is June 28. Coming up this week have an important meeting with the Rye Township Board and the Public Safety/Service Committee tomorrow about the landfill, and continuing an open and honest dialogue with the Board and the Township about the landfill. He reminded everyone that we will be proceeding with the next phase of downtown parking plan with the painting of new diagonal stripes this week, and if parking downtown please remember to adhere to the no parking night so our crews can get in and get the painting done, weather permitting will be done by the end of the week and expand downtown parking. TABLE PUBLIC HEARING AND SECOND READING OF ORDINANCE TO AMEND STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT OF SHADYRIDGE ESTATES EIGHTH RESUBDIVISION 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 Shadyridge Estates Eighth Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 21, 2008 and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading.

2 The staff report from the Planning and Zoning Commission relating to request from Jerry Pribula on behalf of Michael L. Marcotte for final approval of the plat of Shadyridge Estates Eighth Resubdivision to the city of Grand Forks, ND (located north of Adams Drive, south of Desiree Drive and east and west of Morgan Street), with recommendation to table final approval to the plat. Brad Gengler, city planner, reported that this Thursday at 5:30 p.m. they have a neighborhood meeting, scheduled with the affected property owners and the adjacent property owners are invited and have confirmations from most of them, that the developer, the surveyor, city engineer and he will be at the meeting to discuss more specifics as came out of Planning and Zoning Commission meeting. It was moved by Council Member Christensen and seconded by Council Member Kreun that this recommendation be approved to table this matter, continue public hearing and second reading of the ordinance. Carried 6 votes affirmative. ADOPT ORDINANCE NO. 4233, AMENDING STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF AUDITOR'S SUB- DIVISION NO. 45 An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Auditor's Subdivision No. 45, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 21, 2008, was presented and read for consideration on second reading and final passage The staff report from Planning and Zoning Commission relating to request from Branden Bartholomew on behalf of the city of Grand Forks for final approval of the plat of Auditor's Subdivision No. 45 to the city of Grand Forks, ND (located at South Columbia Road and 62nd Avenue South (SE Quarter of the SE Quarter, Section 29, T151N, R50W) with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the Street and Highway Plan. It was moved by Council Member Kreun and seconded by Council Member Christensen that this Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Christensen, Bakken, Kreun - 6, voting "nay": none. Mayor Brown declared the ordinance adopted. ADOPT ORDINANCE NO. 4234, AMENDING STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF AUDITOR'S SUB-

3 DIVISION NO. 46 An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Auditor's Subdivision No. 46, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 21, 2008, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage. The staff report from Planning and Zoning Commission relating to request from Branden Bartholomew on behalf of the city of Grand Forks for final approval of the plat of Auditor's Subdivision No. 46 to the city of Grand Forks, ND (located in the 2000 block of 62nd Avenue (E Quarter of Section 34, T151N, R50W), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the Street and Highway Plan. It was moved by Council Member Kreun and seconded by Council Member Christensen that this Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Christensen, Bakken, Kreun - 6, voting "nay": none. Mayor Brown declared the ordinance adopted. ADOPT ORDINANCE NO. 4235, AMENDING STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF AUDITOR'S SUBDIVISION NO. 47 An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Auditor's Subdivision No. 47, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 21, 2008, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage. The staff report from Planning and Zoning Commission relating to request from Branden Bartholomew on behalf of the city of Grand Forks for final approval of the plat of Auditor's Subdivision No. 47 to the city of Grand Forks, ND (located at 62nd Avenue South and Grand Forks County Highway No. 8 (NE Quarter of section 34, T151N, R50W, with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to

4 include final approval of an ordinance amending the Street and Highway Plan. It was moved by Council Member Kreun and seconded by Council Member Christensen that this Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Christensen, Bakken, Kreun - 6, voting "nay": none. Mayor Brown declared the ordinance adopted. ADOPT ORDINANCE NO. 4236, AMENDING STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF AUDITOR'S SUBDIVISION NO. 48 An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Auditor's Subdivision No. 48, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 21, 2008, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage. The staff report from Planning and Zoning Commission relating to request from Branden Bartholomew on behalf of the city of Grand Forks for final approval of the plat of Auditor's Subdivision No. 48 to the city of Grand Forks, ND (located at Grand Forks County Roads No. 6 and 8 (South Half of Section 34, T151N, R50W), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the Street and Highway Plan. It was moved by Council Member Kreun and seconded by Council Member Christensen that this Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Christensen, Bakken, Kreun - 6, voting "nay": none. Mayor Brown declared the ordinance adopted. ADOPT ORDINANCE NO. 4237, AMENDING STREET AND HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON PLAT OF AUDITOR'S SUBDIVISION NO. 49 An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Auditor's Subdivision No. 49, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 21, 2008, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

5 The staff report from Planning and Zoning Commission relating to request from Mike Yavarro on behalf of the city of Grand Forks for final approval of the plat of Auditor's Subdivision No. 49 to the city of Grand Forks, ND (located at 27th Avenue North and Highway No. 81), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to include final approval of an ordinance amending the Street and Highway Plan. It was moved by Council Member Kreun and seconded by Council Member Christensen that this Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Christensen, Bakken, Kreun - 6, voting "nay": none. Mayor Brown declared the ordinance adopted. ADOPT ORDINANCE NO. 4238, AMENDING COMPRE- HENSIVE PLAN, AMENDING CHAPTER XVIII, ARTICLE 8, SECTION ELEMENTS OF THE GRAND FORKS CITY CODE, PERTAINING TO GRAND FORKS YEAR 2035 LAND USE PLAN UPDATE An ordinance entitled "An ordinance amending the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section , Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Grand Forks Year 2035 Land Use Plan Update", which had been introduced and passed on its first reading on April 21, 2008, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage. The staff report from Planning and Zoning Commission relating to request from Tony Kobetsky, Douglas Earl, and John R. McDonald for final approval of an ordinance relating to the Comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section , Elements of the Grand Forks City Code of 1987, as amended, pertaining to the Year 2035 Land Use Plan, with recommendation to give final approval to the ordinance. It was moved by Council Member Kreun and seconded by Council Member Christensen that this

6 Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Christensen, Bakken, Kreun - 6, voting "nay": none. Mayor Brown declared the ordinance adopted. ADOPT ORDINANCE NO. 4239, AMENDING ZONING MAP TO INCLUDE WITHIN THE BISON INDUSTRIAL PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, ALL OF BISON INDUSTRIAL SUBDIVISION An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Agricultural Preservation) District and include within the Bison Industrial PUD (Planned Unit Development) Concept Development Plan, all of Bison Industrial Subdivision to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 21, 2008, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage. Council Member Kreun reported that this is an ordinance cleaning up some items within the 4-mile territorial jurisdiction at the request of the property owners and are in agreement with them. Brad Gengler, city planner, explained that is the corridor overlay district whereby most of our main transportation corridors have been highlighted in the district and within the district carries certain building material restrictions, in this case being located on County 5 at the intersection of County 5 and DeMers, these properties are subject to the provision that calls out more than 50% of the exterior materials has to be of the recommended and approved building materials, so essentially the metal siding systems in this case are limited to no more than 50% of the actual gross coverage of the building exterior. He also stated that they passed this ordinance in late April and now starting to get this season's development plans and is giving staff the opportunity to go back and look at the specific rules, visit with the applicant to make sure that everything is realistic as far as provisions and if some that are completely unrealistic will be bringing those back to council, and if have problems will come back to make modifications that are appropriate. The staff report from the Planning and Zoning Commission relating to request from Tony Kobetsky, Douglas Earl and John R. McDonald for preliminary approval of an ordinance to amend the zoning map to exclude from the A-1 (Agricultural Preservation) District and include within the Bison Industrial Planned Unit Development (PUD) all of the Bison Industrial Subdivision to the city of Grand Forks, ND (located at DeMers Avenue and County Road No. 5), with recommendation to give final approval to the ordinance. It was moved by Council Member Kreun and seconded by Council Member Christensen that this Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the ordinance adopted.

7 APPROVE APPLICATION FOR ABATEMENT OF 2006 AND 2007 TAXES ON PROPERTY AT TH AVENUE NORTH The staff report from the city assessor relating to application for abatement of 2006 and 2007 taxes by Glenn Devold, th Avenue North, with recommendation to the Board of County Commissioners that applications be approved as submitted. It was moved by Council Member Kreun and seconded by Council Member Glassheim that the recommendation be approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative. APPROVE APPLICATION FOR ABATMENT OF 2007 TAXES BY KENNETH (DECEASED) AND LESLIE PAHLEN, 718 BELMONT ROAD The staff report from the city assessor relating to application for abatement for 2007 taxes by Kenneth (Deceased) and Leslie Pahlen, 718 Belmont Road, with recommendation to the Board of County Commissioners that application be approved as submitted. It was moved by Council Member Kreun and seconded by Council Member Glassheim that the recommendation be approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative. APRPOVE APPLICATION FOR ABATMENT FOR 207 TAXES BY DAVID AND RICHELLE KOSMOWSKI, 1322 KUSTER COURT The staff report from the city assessor relating to application for abatement for 2007 taxes by David and Richelle Kosmowski, 1322 Kuster Court, with recommendation to the Board of County Commissioners that application be approved as submitted. It was moved by Council Member Kreun and seconded by Council Member Glassheim that the recommendation be approved, and further that we adopt the findings, conclusions and recommendations as prepared by the city attorney. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative. APPROVE EXEMPTIONS ON NEW HOMES TO ALLOW EXEMPTION ON ALL NEW HOMES, BUT RESTRICTED TO FIRST OWNER AFTER THE BUILDER The staff report from the city assessor relating to reconsideration of new home exemptions, with recommendation of Finance/Development Committee recommendation to allow the exemption on all new homes, but only when it is owned by the first owner after the builder. Council Member Glassheim stated there are two reasons to oppose this expanded tax exemption for new homes, first it increases taxes to every taxpayer; secondly, this proposal would further unfair competition with existing homes and rental properties. On the face of it, this special treatment is simply unfair and unjustified. He questioned what is the purpose of this change in policy, and that there are no good answers - if doing it because the housing industry is in bad shape and needs a shot in the arm, then take monies out of economic development funds; are we doing this because it

8 will get people to build new homes, but there is no evidence that amount of exemption makes any difference in deciding whether to build or buy a new house, if there were evidence of that, would take another look but there is no such evidence. He stated he could support this motion tonight if we were moving the cap to $200,000, could support it if we were limiting the exemption to first time homebuyers to encourage people to get into home ownership, and could even support it if we gave the exemption to accomplish some higher purpose, such as the suggestion by a constituent that we give it only to new homes with a demonstrated investment in energy conservation. But the city council is raising property taxes for everyone for no particular reason and urged them to vote against this. Council Member McNamara stated in looking at this had many of the same thoughts, looked at the history of this - stated he could support a cap of $200,000. Council Member Christensen reported that various cities in North Dakota grant this abatement to all new homes with no conditions, and the City of Grand Forks has had some restrictions and for some reason this City found a reason to take the cap off and to eliminate the exemption, as all the rest of the major cities in the state find to be prudent and good business to do; that members of the finance/development committee support this. He stated they should get away from any type of creation of class in this community, and if going to have an exemption, grant it to all rather than just to a select few. Council Member Hutchison stated he thinks this is an incentive to build and is fair to the homeowners or potential builders would get the same incentive, and revenue we are talking about losing doesn't exist unless they build a home, only talking about an exemption on the first $75,000 and is an incentive and good for the homebuilders and contractors and people building the homes, that we give a tax exemption to businesses to build here and think homeowners or local individuals should be treated the same way, and would support this. Council Member Kreun moved to accept the finance/development committee's recommendation to allow the exemption on all new homes but only when it's owned by the first owner after the builder. Council Member Christensen seconded the motion. Council Member Glassheim stated that no one is going to build a new home without an exemption, the exemption does not cause people to build or not build or buy or not buy a new home and there is no evidence that it does, but let's not give misleading reasons why we should do it, and it does give a competitive advantage over existing homes when they are in the market trying to sell their homes Mr. Carsen stated for a point of clarification, this would not incent currently built buildings for the exemption, that a building that was started yesterday would not qualify under the new guidelines, only after the effective date if we passed it tonight, would be tomorrow - through today we are under the old rules. Upon call for the question and upon voice vote, the following voted "aye": Council Members Hutchison, Christensen, Bakken, Kreun - 4; voting "nay": Council Members McNamara, Glassheim - 2. Mayor Brown declared the motion carried. TON STREET APPROVE APPLICATION FOR CLASS 3 (OFF AND/OR ON SALE BEER AND WINE) LICENSE AT 1210 SOUTH WASHING-

9 The staff report from the city auditor relating to request from Travis and Jamie VanSickle dba TJ's Pool and Darts, 1210 South Washington Street, for a Class 3 (Off and/or On Sale Beer and Wine) license, with recommendation to approve the request contingent upon review and approval by various city departments. UPHOLD COMMITTEE RECOMMENDATION DENYING APPLICATION FOR A CLASS 1 (GENERAL ON AND/OR OFF SALE ALCOHOLIC BEVERAGE) LICENSE AT 3450 GATEWAY DRIVE The matter of the recommendation from the Service/Safety Committee which met just prior to this meeting considering the appeal of Doug Boushee and Gary Edwards for denial of the application of Mooddyz Bar & Casino, Inc., 3450 Gateway Drive, for a Class 1 (General On and/or Off Sale Alcoholic Beverage) license based on recommendation of the chief of police, upheld the recommendation from the committee in denying the application for license. ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT RESOLUTION OF NECESSITY FOR STREET IMPROVEMENT PROJECT NO. 6271, DISTRICT NO. 98 The staff report from the engineering department relating to creating special assessment district for Street Improvement Project No. 6271, District No. 98, 2008 Seal Coat Project, with recommendation to create the assessment district, approve the engineer's report, including estimate of cost, an assessment district map; and further that we direct engineering department to prepare detailed plans and specifications and advertise for construction bids and that we declare intent to sell bonds to finance these improvements. Council Member Kreun introduced the following resolution creating the assessment district, which was presented and read: Document No Resolution. The city auditor presented and read the engineer's report on Street Improvement Project No. 6271, District No. 98: Document No Report. Council Member Kreun introduced the following resolution of necessity, which was presented and read: Document No Resolution. It was moved by Council Member Kreun and seconded by Council Member Glassheim that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Street Improvement Project No. 6271, District No. 98, be accepted and adopted and that we declare intent to sell bonds to finance these improvements. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the report and recommendations adopted. APPROVE SIEWALK LOCATION LIST NO. 1, PROJECT NO. 6211

10 The staff report from the engineering department relating to Sidewalk Location List No. 1 for Project No. 6211, 2008 Sidewalk Repair and Installation, with recommendation to approve 2008 Sidewalk Location List No. 1. APPROVE JOINT POWERS AGREEMENT WITH GRAND FORKS PARK DISTRICT FOR PROJECT NO The staff report from the engineering department relating to Join Powers Agreement with Grand Forks Park District for reimbursement of costs associated with Project No. 6303, English Coulee Shared Use Path from 24th Avenue South to 17th Avenue South, with recommendation to approve the Joint Powers Agreement with the Grand Forks Park District contingent upon review by the city attorney. It was moved by Council member Kreun and seconded by Council Member Glassheim that this recommendation be approved. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative. AWARD BID FOR FIRE ENGINE TO HEIMAN FIRE EQUIPMENT The staff report from the fire department relating to bid consideration for fire engine, with recommendation to award bid for fire engine to Heiman Fire Equipment in the sum of $250, plus LED options for a total price of $251, recommendation be approved. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bid awarded. INTRODUCE ORDINANCE RELATING TO TAXICAB RATES The staff report from the director of Public Works relating to taxicab rate increase proposal, with recommendation by the finance/development standby committee the following taxicab rate increases as contained in Grand Forks City Code Section (3): increase $0.75 for the first one-eighth mile from $2.25 to $3.00 for the first one-eighth (1/8) mile or portion thereof (AKA: Flag Rate); and increase $0.05 for the succeeding one-eighth (1/8) mile from $0.30 to $0.35 for the succeeding one-eighth (1/8) mile or fraction thereof. Todd Feland, director of public works, reviewed the ordinance section and suggested (3) that the $2.25 go to $3.00 which would be the flag rate; that the 30 cents per 1/8th of a mile and the proposal is to increase that to 35-cents and at the very least would recommend that you increase the flag rate to $3.00 and look at maintaining the 30-cents per 1/8th of a mile. In summary what he would suggest in (3) is that the flag rate goes to $3.00, would seriously look at the 1/8th of a mile of whether that should stay where it is at and also in (3) would suggest an increase of 10% when the 450 style van is used (people mover) and (4) would have 1 minute of waiting time equal 35-cents vs. 30-cents per minute and if made those changes, and upon final

11 reading if there is anything that needs to be discussed, can have that discussion and if something may not work, would bring something back to the council. Council Member Christensen stated he agreed with Mr. Feland's suggestions and that he initially embraced the 1/8th mile or portion thereof from 30 to 35-cents for each succeeding 1/8th mile and moved the approval of the committee recommendation with the exception that the mileage for each succeeding 1/8th mile not go to 35 cents but remain at 30-cents per mile, and that (4) the waiting time would be increased from 30 to 35 cents per mile. He also noted re. the people mover, when get that back have Mr. Swanson add that to the statute. Council Member Kreun seconded the motion. Howard Swanson, city attorney, stated the ordinance exception not used as a flag rate, that is the mileage rate, and is not a maximum, it is the established rate; and if want to change it to a maximum can do that; all of the cabs have to be at this rate level. He asked if the recommendation or motion is only to make amendments to subsections (3) and (4) and no recommendation to change any of the amounts in subsection (6) as to the hourly rates. Mr. Feland stated he considered making modifications to the $12.00/hour and his concern is with the $12.00/hour is the personnel that are driving the taxi are on commission and not knowing what the net affect would be to change the hourly rate, would suggest that we keep that for further review later. Mr. Swanson stated he understands the motion, subsections (3) and (4) are amended and there are two changes; and that there is some confusion as to whether some of the other fees can be set as a maximum or not, and if there is a question as whether we want these to be maximum fees or set fees, there is some internal inconsistency and may wish to address that. Council Member McNamara stated it was brought up that we should review this every year, and how would they do that in the ordinance. Mr. Feland stated they could put that in the ordinance but when they bring in fines, fees and utility rate increases should also bring in taxicab reviews. Upon call for the question and upon voice vote, the motion carried 6 votes affirmative. Council Member Christensen introduced an ordinance entitled "An ordinance amending Sections of the Grand Forks City Code relating to taxicabs", which was presented, read and passed on its first reading. ADOPT MINNESOTA DEPARTMENT OF NATURAL RESOURCES (DNR) GRAND FORKS WATER EMERGENCY AND CONSERVATION PLAN The staff report from the superintendent of water utility relating to adoption of Minnesota Department of Natural Resources (DNR) Grand Forks Water Emergency and Conservation Plan, with recommendation to complete the Certificate of Adoption for the MN DNR Grand Forks Water Emergency and Conservation Plan. APPROVE REDEVELOPMENT PROPOSAL FOR 1432 BELMONT ROAD The staff report from the urban development director relating to Redevelopment of 1432 Belmont Road, with recommendation to approve the development proposal for 1432 Belmont road and

12 convey the lot per review committee recommendation. The review committee unanimously recommended approval of the proposal submitted by Michael and Laura Spicer, with determining factor in their decision was its "curb appeal". APPROVE FINAL PLAT OF REPLAT OF LOT 1, BLOCK 2, BROWN CORPORATION SECOND DDITION The staff report from the Planning and Zoning Commission relating to request from Nick Brown on behalf of Dakota Ag Park II LLC for final approval (fast track) of the Replat of Lot 1, Block 2, Brown Corporation Second Addition, Grand Forks County (located on Rylan Road, south of County Road No. 6 and west of I-29), with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy. ACCEPT PETITION TO VACATE PART OF 13TH AVENUE NORTH, LYING EAST OF NORTH 5TH STREET IN ALEXANDER & IVES ADDITION The staff report from the Planning and Zoning commission relating to petition from Sharon Bredemeier on behalf of Dolores King and the Grand Forks Park District for approval to vacate 13th Avenue North (formerly Ansel Avenue) (located at North5th Street and Gateway Drive adjacent to Lots 2 and 4, Block 49, Alexander & Ives Addition to the city of Grand Forks, North Dakota, with recommendation to give final approval to the petition and set public hearing date as prescribed by law. recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Monday, July 7, Carried 6 votes affirmative. DENY PRELIMINARY APPROVAL TO ORDINANCE RELATING TO COMPREHENSIVE PLAN, PERTAINING TO YEAR 2035 LAND USE PLAN The staff report from the Planning and Zoning Commission relating to request from George M. Unruh, President, on behalf of Vaberg Properties, Inc. for preliminary approval of an ordinance relating to the Comprehensive Plan, amending chapter XVIII, Article 8, Comprehensive Plan; Section , Elements, of the Grand Forks City Code of 1987, as amended pertaining to the Year 2035 Land Use Plan, with recommendation to deny preliminary approval to the ordinance. DENY APPROVAL OF REZONING OF LOTS 4 AND 6, BLOCK 3, LOTS 5-8, BLOCK 4; LOTS 2, 4, 6 AND 8, BLOCK 5, AND LOTS 1-10, BLOCK 6, SUNNY NODAK

13 FARMS ADDITION The staff report from the Planning and Zoning Commission relating to request from George M. Unruh, President, on behalf of Vaberg Properties, Inc. for preliminary approval of an ordinance to rezone from A-1 to I-2 Lots 4 and 6, Block 3, Lots 5 through 8, Block 4, Lots 2, 4 6 and 8, Block 5, and Lots 1 through 10, Block 6, Sunny Nodak Farms Addition to the city of Grand Forks, ND (located at North 69th Street, North 66th Street, North 62nd Street, University Avenue and 8th Avenue North), with recommendation to deny approval of the rezoning. INTRODUCE ORDINANCE AMENDING ZONING MAP TO INCLUDE WITHIN SHADYRIDGE ESTATES PUD (PLANNED UNIT DEVELOPMENT),CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 4, PROPERTY LOCATED IN VICINITY OF ADAMS DRIVE AND SHADYRIDGE COURT The staff report from the Planning Department relating to request from LaVonne Adams for preliminary approval of an ordinance to amend the zoning map to exclude from the Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment Number 3, and to include within the Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment Number 4, all of Shadyridge Estates First Addition, Shadyridge Estates Second Addition, Shadyridge Third Addition, Shadyridge Estates Fourth Resubdivision, Shadyridge Fifth Resubdivision, Shadyridge Estates Sixth Addition, Greenwood Subdivision, unplatted portions of Section 26 Shadyridge Estates Seventh Addition, and all those lands to be platted as Shadyridge Estates Eighth Resubdivision, all located in the vicinity of Adams Drive and Shadyridge Court, with recommendation to give preliminary approval to the ordinance, subject to the conditions shown on or attached to he review copy, and set a public hearing for June 16, Council Member Christensen introduced an ordinance entitled "An ordinance to amend the zoning map of the city of grand Forks, North Dakota, to rezone and exclude from the Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 3 and to include within the Shadyridge Estates PUD (Planned Unit Development), Concept Development Plan, Amendment No. 4, all of Shadyridge Estates First Addition, Shadyridge Estates Second Addition, Shadyridge Third Addition, Shadyridge Estates Fourth Resubdivision, Shadyridge Fifth Resubdivision, Shadyridge Estates Sixth Addition, Greenwood Subdivision, Unplatted Portion of Section 26, Shadyridge Estates Seventh Addition, and all those lands to be platted as Shadyridge Estates Eighth Resubdivision to the city of Grand Forks, North Dakota", which was presented, read and passed on its first reading. INFORMATIONAL ITEMS The Statement of Changes in Cash Balances as of April 30, 2008 was presented and read. APPROVE BILL LISTING Vendor Payment Listing No , dated May 15, 2008, totaling $766,478.39, was presented and

14 read. It was moved by Council Member Christensen and seconded by Council Member Hutchison 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 Hutchison, McNamara, Glassheim, Christensen, Bakken, Kreun - 6; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid. APPROVE MINUTES MAY 5, 2008 Typewritten copies of the minutes of the city council held on Monday, May 5, 2008 were presented and read. It was moved by Council Member Glassheim and seconded by Council Member McNamara that these minutes be approved as read. Carried 6 votes affirmative. COMMENTS BY MAYOR AND COUNCIL Information as to scheduled meetings was presented: Service/Safety Standby Committee will meet on Tuesday, May 20, 2008 at 5:00 o'clock p.m. in Room A101 with Rye Township supervisors. Finance/Development Standby Committee will meet on Wednesday, May 21, at 12:00 noon in the council chambers. ADJOURN It was moved by Council Member Glassheim and seconded by Council Member Kreun that we adjourn. Carried 6 votes affirmative. Respectfully submitted, Approved: Michael R. Brown, Mayor John M. Schmisek City Auditor