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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
April 21, 2008

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, April 21, 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, Gershman, Christensen, Bakken, Kreun - 7; absent: none.

Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.

Mayor Brown commented on various items during the past week and upcoming events:
Congratulations to Julie Jeske, local runner and Park District commissioner, who completed the Boston Marathon in the time of 4 hours, 7 minutes and 33 seconds.
This weekend in Grand Forks was a busy weekend, had the Learning Fair with over 3,000 people attending and a Super Science Saturday at the Gambucci Arena. He stated he helped to judge the Earth Day Recycling Contest; and that Waste Management donated $100.00 for first prize for each category and thanked them for encouraging people to recycle.
Thanks to the organizers for the First University Community Forum on Friday and Saturday, and enjoyed discussion on Saturday with residents and some community professionals about making ends meet, and was very helpful and good to have Mr. Glassheim present.
Yesterday they met with UND students for regular city council/student senate meeting and great to have to have this regular forum for communication, and proposal on the Coulee by Dave Barta.
Just Say Hi to the Spring Edition will be out Thursday and encourages everyone to participate in that. The Symposium on Sustainability was today at UND and President Kupchella and he were the speakers this morning and their program is printed on recyclable paper with soy based ink.
Saturday was the light bulb swap at Amazing Grains, sponsored by various organizations, helping people save money through using the fluorescent light bulbs
Wachapi ended this weekend and fun visiting with Doreen Yellow Bird and the Kupchellas at that event.
Tuesday there is a political forum at the University and Tuesday also have the farewell to the Kupchealls at the Alerus.
Tonight at the Chester Fritz Auditorium the presidential address on the Great Ocean Adventure by Jean-Michel Cousteau, Jacques Cousteau's son, at 7:30 p.m.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4224,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON THE PLAT OF
FRANTASTIC ACRES FIRST 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 Frantastic Acres First Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 17, 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 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 Brown opened the public hearing, there were no comments and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to request from Pribula Engineering on behalf of Frances L. Bertheuson for final approval of the plat of Frantastic Acres First Resubdivision to the city of Grand Forks (located at South 69th Street and Grand Forks County Road 6), 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 Bakken that this recommendation be approved. Carried 7 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4225, AMENDING CHAPTER
XVIII, ARTICLE 8, COMPREHENSIVE PLAN, SECTION
18-0802, ELEMENTS, 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 18-0802, 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 March 17, 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 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 Brown opened the public hearing, there were no comments and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to request from Tim Crary on behalf of Sproule, Crary and Crary for final approval of an ordinance relating to the comprehensive Plan, amending Chapter XVIII, Article 8, Comprehensive Plan; Section 18-0-802, 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 Bakken that this recommendation be approved. Carried 7 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.
APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 4226
AMENDING PUBLIC R/W SHOWN AS DEDICATED ON
THE PLAT OF MEADOW RIDGE SECOND 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 Meadow Ridge Second Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 17, 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 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 Brown opened the public hearing, there were no comments and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to request from Tim Crary on behalf of Sproule, Crary and Crary for final approval of the plat of Meadow Ridge Second Addition to the city of Grand Forks, ND (located in the 4900 block of South Washington Street), 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 Bakken and seconded by Council Member Kreun that this recommendation be approved. Carried 7 votes affirmative.

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4227, AMENDING ZONING MAP
TO INCLUDE WITHIN MEADOW RIDGE PUD (PLANNED
UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN,
AMENDMENT NO. 2, ALL OF MEADOW RIDGE FIRST AND
SECOND ADDITIONS

An ordinance entitled "An ordinance to amend the zoning map of the city of Grand Forks, North Dakota, to rezone and exclude from the Meadow Ridge PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1 and to include within the Meadow Ridge PUD (Planned Unit Development), Concept Development Plan, Amendment No. 2, all of Meadow Ridge First and Second Additions to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on March 17, 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 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 Brown opened the public hearing, there were no comments and the public hearing was closed.
The staff report from the Planning and Zoning Commission relating to request from Tim Crary on behalf of Sproule, Crary and Crary for final approval of an ordinance to amend the zoning map to exclude from the Meadow Ridge PUD (Planned Unit Development), Concept Development Plan Amendment No.1, and to include within the Meadow Ridge PUD (Planned Unit Development), Concept Development plan, Amendment No. 2, all of Meadow Ridge First and second Additions to the city of Grand Forks, ND, and to include unplatted lands lying between 47th Avenue South and 51st Avenue South and between South Washington Street and the westerly platted boundaries of North Pines Resubdivision and South Pines Addition, with recommendation to give final approval to the plat, subject to the conditions shown on or attached to the review copy, and to give final approval to the ordinance.

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

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 4228, AMENDING THE TEXT
OF THE LAND DEVELOPMENT CODE, CHAPTER XVIII
OF THE GRAND FORKS CITY CODE, AS AMENDED, ENACTING
SECTION 18-0224 CORRIDOR OVERLAY DISTRICT AND
PROVIDING FOR REGULATION THEREOF

An ordinance entitled "An ordinance to amend the text of the Land Development Code, Chapter XVIII of the grand Forks City Code of 1987, as amended, enacting Section 18-0224 Corridor Overlay District and Providing for the regulation thereof", which had been introduced and passed on its first reading on March 17, 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 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 Brown opened the public hearing, there were no comments and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to request from the Planning Department on behalf of the City of Grand Forks, ND for final approval of an ordinance to amend the text of the Land Development Code, Chapter XVIII of the Grand Forks City Code of 1987, as amended, enacting Section 18-0224 Corridor Overlay District, with recommendation to give final approval to the ordinance.

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

Upon call for the question of adoption of this ordinance and upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE APPLICATIONS FOR EXEMPTION OF REMODELING
IMPROVEMENTS AT VARIOUS LOCATIONS

The staff report from the city assessor relating to applications for exemption of remodeling improvements to residential buildings at the following locations: 5316 Belmont Road, 1005 2nd Avenue North, 3419 Chestnut Street and 118 Belmont Road, with recommendation to grant exemptions of increased value for three (3) years.

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

INTRODUCE ORDINANCE MODIFYING CITY TRAFFIC
FINES AND FEES

The staff report from the assistant city attorney relating to amendments to the Grand Forks City Code modifying city traffic fines and fees, with recommendation to approve amendments to Grand Forks City Code modifying fees, fines and penalties imposed for violation of city ordinances.

Howard Swanson, city attorney, stated over past week has been challenge trying to draft a comprehensive ordinance that will have substantial effect upon various fines, can report that some of your fines will actually have to be increased to fall in line with the Supreme Court's holding, the holding will not only affect moving violations but non-moving violations including some parking requirements. He stated that the City of Grand Forks had increased its speeding fines for various locations within the city over the years including school zones, the State's fine schedule is skewered so that it is not favorable to city enforcement, the State may have little or no interest in regulating violation of speed zones when in the lower grades of 20 miles an hour zones, etc. which they have around schools, and also wanted to report that as a result of the decision the $1 surcharge on tickets will be eliminated as well. There will be major redrafting both substantively and procedurally within the Code for both Chapter VIII and Chapter IX and hopes to have complete spread sheet to you and would encourage moving this forward, as have little or no choice.

Council Member Bakken stated that hopefully Council Member Glassheim will bring this up at the state level to try to give us some latitude on this along with other cities, and moved approval of the recommendation. Council Member Kreun seconded the motion.

Mr. Swanson stated the council will be amending all of the moving and non-moving violations the fines to comply with the State stated violations. He also stated that the comment from the Municipal Judge is an indication that he didn't appreciate the minutes indicating that the judge had been directed to change his fines and rather that the action was on his own as opposed to any directive from the city attorney's and mayor's offices. He also stated that his understanding is based upon the revised bond schedule that the judge has provided to him and that he is relying upon the State schedule of fines. It was also stated that if there is something that we have as a violation that isn't covered in the State's schedule there is a default provision in the State schedule; and that there are certain offenses that are not addressed that are unique to the City and those fines are not being changed.

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

Council Member Bakken introduced an ordinance entitled "An ordinance amending Sections 8-1105, 8-1402, 8-1403, 8-1404, 8-1501, 8-1502, 8-1503, 9-0503, and 23-0101 of the Grand Forks City Code and repealing Sections 8-1504 and 8-1505 of the Grand Forks City Code generally relating to disposition of criminal and noncriminal offenses, violations of local ordinances and fines or penalties", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE REQUIRING MANDATORY
ALCOHOLIC SERVER TRAINING

The staff report from the community/governmental relations officer relating to server training ordinance, with recommendation to approve introduction and first reading of ordinance relating to mandatory server training.

Council Member Gershman stated that usually he asks to be recused from any items relating to liquor but in this particular case he is very much in favor of the server training ordinance and that he is asking permission to vote in favor of this and moved that motion. Council Member Glassheim seconded the motion. Carried 7 votes affirmative.

Council Member Bakken introduced an ordinance entitled "An ordinance enacting Sections ___ through ___ of the Grand Forks City Code requiring mandatory alcohol server training", which was presented read and passed on its first reading.

ADOPT RESOLUTION CREATING SPECIAL ASSESSMENT
DISTRICT, ACCEPT ENGINEER'S REPORT AND ADOPT
RESOLUTION OF NECESSITY FOR PAVING PROJECT NO.
6253, DISTRICT NO. 634

The staff report from the engineering department relating to creating special assessment district for Project No. 6253, District No. 634, 28th Avenue South reconstruction (South 10th Street to Chestnut Street), with recommendation to create assessment district, approving 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 Bakken introduced the following resolution creating the assessment district, which was presented and read: Document No. 9152 - Resolution.

The city auditor presented and read the engineer's report on Paving Project No. 6253, District No. 634: Document No. 9153 - Report.

Council Member Bakken introduced the following resolution of necessity, which was presented and read: Document No. 9154 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved and that the resolution creating the special assessment district, the engineer's report and the resolution of necessity for Paving Project No. 6253, District No. 634, be accepted and adopted. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the report and resolutions adopted.


ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PAVING PROJECT NO. 6123, DISTRICT NO. 636

The city engineer's estimate of total cost of the construction of paving and street lights on 40th Avenue South from South Washington Street to Clearview Drive in the amount of $ , was presented and read.

The staff report from the engineering department relating to plans and specifications for Project No. 6123, District No. 636, paving and street lights on 40th Avenue South (South Washington Street to Clearview Drive), with recommendation to approve plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project.

Council Member Bakken introduced the following resolution which was presented and read: Document No. 9155 - Resolution.

It was moved by Council Member Bakken and seconded by Council Member Kreun that the recommendation be approved and the resolution approving the plans and specifications be adopted. Carried 7 votes affirmative.

AWARD CONTRACTS FOR PPROJECT NO. 5955, LANDFILL
STORAGE BUILDING

The staff report from the engineering department relating to bids for Project No. 5955, Landfill Storage Building, with recommendation to award contracts to low bidders of Schedule B Option 2 (new building) as follows: General Work to Sand Steel Building company in the amount of $136,135.00 and Electrical Work to Rick Electric, Inc. in the amount of $14,450.00; and to reject bid from Tony Anderson Construction because of incomplete portions on the bid.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contracts awarded.

AWARD BIDS FOR PROJECT NO. 6261, LIFT STATION
NO. 30 REHABILITATION

The staff report from the engineering department relating to bids for Project No. 6261, Lift Station No. 30 Rehabilitation, with recommendation to award contracts to low bidders as follows: General Work to Industrial Contract Services in the amount of $110,500.00; and Electrical Work to Strata Corporation in the amount of $136,625.00.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contracts awarded.

AWARD CONTRACT FOR WATERMAIN REPLACEMENT
PROJECT No. 6239

The staff report from the engineering department relating to bids for Project No. 6239, 2008 Watermain Replacement, with recommendation to award contract to low bidder, United Crane & Excavation in the amount of $338,438.50.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved and the contract awarded to United Crane & Excavation. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the contracts awarded.

INTRODUCE ORDINANCE RELATING TO ADOPTION OF
INTERNATIONAL BUILDING, INTERNATIONAL RESIDENTIAL
AND NATIONAL ELECTRICAL CODES

The staff report from the inspections division relating to matter of request for an ordinance to amend Sections 19-0101 through 19-0208 of the Grand Forks City Code, relating to the adoption of the International Building, International Residential and National Electrical Codes, with recommendation for first reading this evening and second reading on May 5, 2008 and approve the ordinance.

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

Council Member Bakken introduced and ordinance entitled "An ordinance amending Section 19-0101 of the Grand Forks City Code relating to adoption of the International Building Code; amending Section 19-0121 relating to adoption of the International Residential Code; amending Section 19-0208 relating to adoption of the National Electrical Code", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE RELATING TO ADOPTION OF
INTERNATIONAL MECHANICAL AND FUEL GAS CODES

The staff report from the inspections division relating to matter of request for an ordinance to amend Sections 19-0515 through 19-0519 of the Grand Forks City Code relating to the adoption of the International Mechanical and Fuel Gas Codes, with recommendation for first reading this evening and second reading on May 5, 2008, and approve the ordinance.

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

Council Member Bakken introduced an ordinance entitled "An ordinance amending Section 19-0515 of the Grand Forks City Code relating to adoption of the International Mechanical Code; and amending Section 19-0517 relating to adoption of the International Fuel Gas Code", which was presented, read and passed on its first reading.

APPROVE JOINT POWERS AGREEMENT WITH GRAND
FOR COUNTY FOR SEPTIC SYSTEM PERMITTING SERVICES

The staff report from inspections division relating to request for joint powers agreement for septic system permitting services, with recommendation to approve the Joint Powers Agreement.

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

ADOPT RESOLUTION RELATING TO 10-YEAR PLAN
TO END LONG TERM HOMELESSNESS

The staff report from Mayor Brown relating to 10-Year Plan to end long term homelessness, with recommendation to pass the resolution.

Council Member Glassheim stated he wanted to pass the resolution as it is before us but at the committee of the whole meeting Council Member Christensen made a point that we should pay from HUD funds or urge HUD to fund the $15,000 study of the data collections so that we have a better idea of what we are doing and wanted to attach that to the recommendation.

Greg Hoover, urban development director, stated for clarification that funding would be to use city administered federal funds be it either CDBG or HOME to do the study, and directing staff to proceed with this.

It was so moved by Council Member Glassheim and seconded by Council Member Bakken to approve the recommendation: Document No. 9156 - Resolution.

Council Member Kreun stated that he would like the group involved to contact the Douglas Place in East Grand Forks as they have counselors and input and to see if they would be interested in being part of this, and would be one more stakeholder that would have an interest in that service.

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

APPROVE EXEMPTION OF TRANSIENT MERCHANT
LICENSES FOR GRAND CITIES ART FEST EVENT

The staff report from public information center relating to transient merchant license exemption for Grand Cities Art Fest event, with recommendation to approve the 2008 Art Fest Event vendors (food and artists) exemption for purchasing transient merchant licenses.

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

APPROVE 2008 SPRINGFEST SPECIAL EVENTS PERMIT

The staff report from public information center relating to 2008 Springfest special events permit, with recommendation to approve the request by Suite 49 for a noise variance and a special license to sell alcoholic beverages at designated premises which are conditions of the overall special events permit.

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

APPROVE BIDS FOR SANITATION AND STREETS
EQUIPMENT

The staff report from the director of public works relating to Public Works sanitation and streets equipment bids, with recommendation to approve bids for Public Works Department equipment bids as per the following:

Street Division: street sweeper in the amount of $120,520 from Sanitation Products
Sanitation Division:
(1) truck for side load compactors, $108,998 from Peterbilt of Fargo
(1) side load compactors, $97,112 from Sanitation Products
Payloader (5 year lease), $223,950.95 from Titan Machinery
2-Ton Chassis for container handler, $26,891 from Wallwork Truck Center
Refuse container handler, $9,990 from Wastequip/Rayfo
Truck for roll-off hoist, $99,705 from Nelson International

and recommended to hold on purchase of this equipment due to 2008 Sanitation Department priorities:
Truck for front load compactor, $112,595 from Peterbilt of Fargo
Front load compactor, $63,050 from McNeilus.

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

APPROVE AMENDMENT TO 2008 FUND 5997 BUDGET
FOR LIGHTING IN CENTRAL PARKING RAMP

The staff report from the director of urban development relating to Municipal Parking System, with recommendation to approve finance/development committee recommendation to amend the 2008 Fund 5997 to transfer $27,400 from excess sales tax to install new lighting in the Central Parking Ramp.

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

ACCEPT PETITION TO VACATE OLSON DRIVE R/W
NORTH OF 25TH AVENUE SOUTH AND OLSON DRIVE

The staff report from the Planning and zoning Commission relating to request from Donald F. Barcome for approval of a petition to vacate Olson Drive right of way north of 25th Avenue South, with recommendation for approval of the petition and set a public hearing date as prescribed by law.

It was moved by Council Member Bakken and seconded by Council Member Kreun that this recommendation be approved, that the petition filed is in proper form and contains the requisite signatures, that it be filed with the city auditor, that a notice of public hearing be published as required and the public hearing be set for Monday, May 19, 2008. Carried 7 votes affirmative.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF SHADYRIDGE ESTATES
EIGHTH RESUBDIVISION

The staff report from Planning and Zoning Commission relating to request from Jerry Pribula on behalf of Michael L. Marcotte for preliminary 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 give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance amending the Street and Highway Plan, and schedule a public hearing for May 19, 2008.

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

Council Member Bakken introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Shadyridge Estates Eighth Resubdivision, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF AUDITOR'S SUBDIVISION
NO. 45

The staff report from Planning and Zoning Commission relating to request from Branden Bartholomew on behalf of the city of Grand Forks for preliminary 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 of 5th P.M.), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance amending the Street and Highway Plan and schedule a public hearing for May 19, 2008.

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

Council Member Bakken introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Auditor's Subdivision No. 45, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF AUDITOR'S SUBDIVISION
NO. 46

The staff report from the Planning and Zoning Commission relating to request from Branden Bartholomew on behalf of the City of Grand Forks for preliminary 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 - East Quarter of Section 34, T151N, R50W of 5th P.M.), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance amending the Street and Highway Plan and schedule a public hearing for May 19, 2008.

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

Council Member Bakken introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Plat of Auditor's Subdivision No. 46, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF AUDITOR'S SUBDIVISION
NO. 47

The staff report from the Planning and Zoning Commission relating to request from Branden Bartholomew on behalf of the City of Grand Forks for preliminary 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 of 5th P.M.), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance amending the Street and Highway Plan and schedule a public hearing for May 19, 2008.

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

Council Member Bakken introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Plat of Auditor's Subdivision No. 47, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF AUDITOR'S SUBDIVISION
NO. 48

The staff report from the Planning and Zoning Commission relating to request from Branden Bartholomew on behalf of the City of Grand Forks for preliminary 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 of the 5th P.M.), with recommendation to give preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance amending the Street and Highway Plan and schedule a public hearing for May 19, 2008.

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

Council Member Bakken introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Plat of Auditor's Subdivision No. 48, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE TO AMEND STREET AND
HIGHWAY PLAN TO INCLUDE PUBLIC R/W SHOWN AS
DEDICATED ON THE PLAT OF AUDITOR'S SUBDIVISION
NO. 49

The staff report from the Planning and Zoning Commission relating to request from Mike Yavarrow on behalf of the city of Grand Forks for preliminary 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 preliminary approval to the plat, subject to the conditions shown on or attached to the review copy, and to include preliminary approval of an ordinance amending the Street and Highway Plan and schedule a public hearing for May 19, 2008.

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

Council Member Bakken introduced an ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Plat of Auditor's Subdivision No. 49, Grand Forks, North Dakota", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING COMPREHENSIVE
PLAN, AMENDING CHAPTER XVIII, ARTICLE 8, COMPRE-
HENSIVE PLAN, SECTION 18-0802, ELEMENTS, PERTAINING
TO GRAND FORKS YEAR 2035 LAND USE PLAN UPDATE

The staff report from the Planning and Zoning Commission relating to request from Tony Kobetsdy, Douglas Earl and John R. McDonald for preliminary approval of 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 Year 2035 Land Use Plan, with recommendation to give preliminary approval to the ordinance and set a public hearing on May 19, 2008.

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

Council Member Bakken introduced an ordinance entitled "An ordinance amending 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 Year 2035 Land Use Plan Update", which was presented, read and passed on its first reading.

INTRODUCE ORDINANCE AMENDING ZONING MAP
TO INCLUDE WITHIN THE BISON INDUSTRIAL PUD
(PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT
PLAN, ALL OF BISON INDUSTRIAL SUBDIVISON

A staff report from 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 #5), with recommendation to give preliminary approval to the ordinance, and set a public hearing for May 19, 2008.

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

Council Member Bakken 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 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 was presented, read and passed on its first reading.

APPROVE BILL LISTING

Vendor Payment Listing No. 08-08, dated April 17, 2008, totaling $760,586.44 was presented and read.

It was moved by Council Member Bakken and seconded by Council Member Kreun that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Hutchison, McNamara, Glassheim, Gershman, Christensen, Bakken, Kreun - 7; voting "nay": none. Mayor Brown declared the motion carried and the bills ordered paid.

APPROVE MINUTES APRIL 7, 2008

Typewritten copies of the minutes of the city council held on Monday, April 7, 2008 were presented and read. It was moved by Council Member Bakken and seconded by Council Member Hutchison that these minutes be approved as read. Carried 7 votes affirmative.

COMMENTS BY MAYOR AND COUNCIL

1) Council Member Christensen stated they had received budget schedule from the city auditor and that the council should get involved in the budget process earlier and that he would call a finance committee to meet to begin conversation about the budgeting process starting now rather than July or August and would hope members of the committee would agree to that.

2) Council Member Kreun reported change in the time of the service/safety committee meeting tomorrow which was moved to 3:30 p.m. rather than 4:00 p.m.; and asked re. our conversation with Mr. Barta on the Coulee issue if Mr. Grasser would give us some input and put it on service/safety meeting agenda to analyze it to see if there is something we can do with it.

ADJOURN

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

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
________________________________
Michael R. Brown, Mayor