Agenda of the City Council City of East Grand Forks Tuesday, June 5, 2018

AGENDA OF THE CITY COUNCIL CITY OF EAST GRAND FORKS TUESDAY, JUNE 5, 2018 – 5:00 PM

CALL TO ORDER:

CALL OF ROLL:

DETERMINATION OF QUORUM:

PLEDGE OF ALLEGIANCE:

OPEN FORUM: “An opportunity for members of the public to address the City Council on items not on the current Agenda. Items requiring Council action maybe deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate.” If you would like to address the City Council, please come up to the podium to do so.”

APPROVAL OF MINUTES:

1. Consider approving the minutes of the “Regular Meeting” for the East Grand Forks Minnesota City Council of May 15, 2018.

2. Consider approving the minutes of the “Special Meeting” for the East Grand Forks Minnesota City Council of May 22, 2018.

3. Consider approving the minute summary of the “Work Session” for the East Grand Forks Minnesota City Council of May 22, 2018.

SCHEDULED BID LETTINGS: NONE

SCHEDULED PUBLIC HEARINGS: NONE

CONSENT AGENDA: Items under the “Consent Agenda” will be adopted with one motion; however, council members may request individual items to be pulled from the consent agenda for discussion and action if they choose.

4. Consider approving the Special Event Application for iHeart Media to hold the Bikes and Bites Event in the parking lot by restaurant row on July 19, 2018 from 2pm until 8pm.

5. Consider approving the Special Event Application for the Red River Valley Catfish Club to hold a catfishing tournament from the LaFave Park Boat Landing on June 24, 2018 from 5am to 7pm.

Individuals with disabilities, language barriers or other needs who plan to attend the meeting and will need special accommodations should contact Nancy Ellis, ADA Coordinator at (218)-773-2208. Please contact us at least 48 hours before the meeting to give our staff adequate time to make arrangements. Also, materials can be provided in alternative formats for people with disabilities or with limited English proficiency (LEP) by contacting the ADA Coordinator (218)-773-2208 five (5) days prior to the meeting.

1 6. Consider approving the Exempt Gambling Permit Application for the East Grand Forks Home Run Club to hold a raffle on July 24, 2018 at Stauss Park located at 926 5th Ave NE East Grand Forks, MN 56721 and waive the 30 day waiting period.

ACKNOWLEDGE RECEIPT OF REPORTS OF OFFICERS, BOARDS, AND COMMISSIONS:

7. Regular meeting minutes of the Water, Light. Power, and Building Commission for May 3, 2018.

COMMUNICATIONS: NONE

OLD BUSINESS: NONE

NEW BUSINESS:

8. Consider approving the request to start a new hiring register for police officer in the Police Department to fill a vacancy.

9. Consider approving the purchase of a Cougar Mosquito Sprayer with Smart Flow GPS from Clark for a total price of $11,115.00.

10. Consider approving the Memorandum of Agreement between the City of East Grand Forks and the West Polk Soil and Water Conservation District for the 2019 North End Tree Planting Project.

11. Consider adopting the Border City Tax Credit Policy allowing one-time benefits to smaller businesses.

12. Consider approving the On-sale Weekday & On-Sale Sunday Liquor License renewal for Up North Pizza Pub located at 314 4th St NW East Grand Forks, MN 56721.

13. Consider adopting Resolution No. 18-06-32 entering into Agreement No. 1031111 between the City of East Grand Forks and the Minnesota Department of Transportation for the Kennedy Bridge Trail connection.

CLAIMS:

14. Consider authorizing the City Administrator/Clerk-Treasurer to issue payment of recommended bills and payroll.

COUNCIL/STAFF REPORTS:

ADJOURN:

Upcoming Meetings: Work Session – Tuesday, June 12, 2018 – 5:00 PM – Training Room Regular Council Meeting – Tuesday, June 19, 2018 – 5:00 PM – Council Chambers Work Session – Tuesday, June 26, 2018 – 5:00 PM – Training Room Regular Council Meeting – Tuesday, July 3, 2018 – 5:00 PM Council Chambers

2 1 UNAPPROVED MINUTES OF THE CITY COUNCIL CITY OF EAST GRAND FORKS TUESDAY, MAY 15, 2018 – 5:00 PM

CALL TO ORDER:

The Council Meeting of the East Grand Forks City Council for Tuesday, May 15, 2018 was called to order by Council President Olstad at 5:00 P.M.

CALL OF ROLL:

On a Call of Roll the following members of the East Grand Forks City Council were present: Mayor Steve Gander, Council President Mark Olstad, Council Vice President Chad Grassel, Council Members Clarence Vetter, Mike Pokrzywinski, Tim Riopelle, Henry Tweten, and Marc DeMers.

Nancy Ellis, City Planner; Steve Emery, City Engineer; Ron Galstad, City Attorney; Paul Gorte, Economic Development Director; Mike Hedlund, Police Chief; Charlotte Helgeson, Library Director; Reid Huttunen, Parks and Recreation Superintendent; Gary Larson, Fire Chief; David Murphy, City Administrator/Clerk-Treasurer; Keith Mykleseth, Water & Light Manager; Megan Nelson, City Clerk; Jason Stordahl, Public Works Director; and Luke Welle, City Intern.

DETERMINATION OF QUORUM:

The Council President Determined a Quorum was present.

PLEDGE OF ALLEGIANCE:

RETIRING OF POLICE BADGE:

Chief Hedlund stated he was honored to participate in the 8th annual Northern Valley Police Memorial Ceremony where they recognized those that have been killed in the line of duty in Minnesota, North Dakota, and parts of Canada. He said unfortunately one of those officers that is remembered was from East Grand Forks. He said Kenneth Olson had been killed in the line of duty on July 19, 1978 when he was responding to a call. He added that his widow, Ms. Bonnie Andrys, was present along with some retired officers and the previous Police Chief Gary Cariveau. He explained they are formally going to retire his badge of 543 which was the car number he was driving that day because they didn’t have individual badge numbers at that time. He then invited up Ms. Andrys, presented her with the plaque, and asked if she had any comments to make.

Ms. Andrys said thank you. She stated how it is important to do things like this and how it is important to thank police officers all year long and not just during this week. She commented that it took 40 years for this to happen but that was okay because 40 years ago they didn’t celebrate the officers like it is done today. She said how the other officers were told to buck up and get back to work, she is glad it is different now, how all officers are celebrated every year, she appreciates that very much, and this something they should never forget.

3 City Council Meeting May 15, 2018

1. Consider approving the minutes of the “Regular Meeting” for the East Grand Forks Minnesota City Council of May 1, 2018.

2. Consider approving the minutes of the “Work Session” for the East Grand Forks Minnesota City Council of May 8, 2018.

3. Consider approving the minute summary of the “Closed Session” for the East Grand Forks Minnesota City Council of May 8, 2018.

A MOTION WAS MADE BY COUNCIL MEMBER GRASSEL, SECONDED BY COUNCIL MEMBER DEMERS, TO APPROVE ITEMS ONE (1) THROUGH THREE (3).

Voting Aye: Tweten, Olstad, Grassel, DeMers, Vetter, Pokrzywinski, and Riopelle. Voting Nay: None.

SCHEDULED BID LETTINGS: NONE

SCHEDULED PUBLIC HEARINGS:

4. Public hearing to consider the final plat approval of the Burlington Northern Industrial Park 1 First Resubdivision.

A MOTION WAS MADE BY COUNCIL MEMBER DEMERS, SECONDED BY COUNCIL MEMBER GRASSEL, TO OPEN THE PUBLIC HEARING.

Ms. Ellis asked if there were any questions about the plat and reminded the Council the plat was being done to show the vacated streets and utility easements by Folson Farms and American Crystal Sugar. There were no questions.

Voting Aye: Tweten, Olstad, Grassel, DeMers, Vetter, Pokrzywinski, and Riopelle. Voting Nay: None.

A MOTION WAS MADE BY COUNCIL MEMBER DEMERS, SECONDED BY COUNCIL MEMBER RIOPELLE, TO CLOSE THE PUBLIC HEARING.

Voting Aye: Tweten, Olstad, Grassel, DeMers, Vetter, Pokrzywinski, and Riopelle. Voting Nay: None.

CONSENT AGENDA: Items under the “Consent Agenda” will be adopted with one motion; however, council members may

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4 City Council Meeting May 15, 2018 request individual items to be pulled from the consent agenda for discussion and action if they choose.

5. Consider adopting Resolution No. 18-05-29 authorizing the interest amount of $1305.25 to be waived in 2018 for five DNR parcels.

6. Consider approving the special event application for Extreme North Dakota Racing for the 36 mile down river swim on June 16, 2018 from 5:30am until 9:30pm.

7. Consider approving the final plat of Burlington Northern Industrial Park 1 First Resubdivision and require a digital file to the planning office.

8. Consider approving the Fireworks/Pyrotechnic Special Effects Application for the Grand Forks Sertoma Club for July 4, 2018 event beginning at approximately 10:30pm until 10:50pm.

9. Consider adopting Resolution No. 18-05-30 accepting and approving the plans and specifications for 2018 City Project 2 – Master Lift Station Rehabilitation and authorizing advertising for bids for a bid opening date of June 7, 2018 at 10:00am at City Hall.

A MOTION WAS MADE BY COUNCIL MEMBER VETTER, SECONDED BY COUNCIL MEMBER TWETEN, TO APPROVE ITEMS FIVE (5) THROUGH NINE (9).

Voting Aye: Tweten, Olstad, Grassel, DeMers, Vetter, Pokrzywinski, and Riopelle. Voting Nay: None.

ACKNOWLEDGE RECEIPT OF REPORTS OF OFFICERS, BOARDS, AND COMMISSIONS:

10. Regular meeting minutes of the Water, Light. Power, and Building Commission for April 19, 2018.

COMMUNICATIONS: NONE

OLD BUSINESS: NONE

NEW BUSINESS:

11. Consider adopting Resolution No. 18-05-31 awarding the 2018 City Project No. 1 Senior Center Parking Lot Improvements to RJ Zavoral & Sons for the amount of $98,862.65.

A MOTION WAS MADE BY COUNCIL MEMBER GRASSEL, SECONDED BY COUNCIL MEMBER VETTER, TO ADOPT RESOLUTION NO. 18-05-31 AWARDING THE 2018 CITY PROJECT NO. 1 SENIOR CENTER PARKING LOT IMPROVEMENTS TO RJ ZAVORAL & SONS FOR THE AMOUNT OF $98,862.65.

Voting Aye: Tweten, Olstad, Grassel, Vetter, Pokrzywinski, and Riopelle. Voting Nay: None. Abstain: DeMers

12. Consider awarding the job of painting the VFW Arena to Jack R Anderson & Sons Painting for a total amount of $30,000.

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5 City Council Meeting May 15, 2018

A MOTION WAS MADE BY COUNCIL MEMBER RIOPELLE, SECONDED BY COUNCIL MEMBER POKRZYWINSKI, TO AWARD THE JOB OF PAINTING THE VFW ARENA TO JACK R ANDERSON & SONS PAINTING FOR A TOTAL AMOUNT OF $30,000.

Voting Aye: Tweten, Olstad, Grassel, DeMers, Vetter, Pokrzywinski, and Riopelle. Voting Nay: None.

13. Consider adopting the by-laws of the Parks and Recreation Commission of the City of East Grand Forks.

A MOTION WAS MADE BY COUNCIL MEMBER GRASSEL, SECONDED BY COUNCIL MEMBER RIOPELLE, TO ADOPT THE BY-LAWS OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF EAST GRAND FORKS.

Voting Aye: Tweten, Olstad, Grassel, DeMers, Pokrzywinski, and Riopelle. Voting Nay: Vetter.

14. Consider approving the Memorandum of Understanding between the City of East Grand Forks and Law Enforcement Labor Services Local No. 152 to establish canine compensation and cover related expenses.

A MOTION WAS MADE BY COUNCIL MEMBER DEMERS, SECONDED BY COUNCIL MEMBER VETTER, TO REFER THIS MEMORANDUM OF UNDERSTANDING TO THE LABOR NEGOTIATION COMMITTEE.

Council member DeMers said there was some information included in the memorandum that was close enough to the contract that the negotiation committee should take a look at this first which is something they typically review before it goes to the Council. Mr. Murphy stated there was no issue with this being referred to the committee and he had brought this forward because the terms had already been discussed when the K9 unit was being proposed. He added that there are some things not in place like getting the vet bills taken care of so it would be paid by the City instead of having to reimburse the officer for those costs. Mayor Gander asked about the timeline for when this would come back to the Council. Mr. Murphy said there is no set meeting schedule for this committee so they meet as needed. A short discussion followed about how Council should be able to take action on this item by June 5th.

Voting Aye: Tweten, DeMers, Vetter, and Pokrzywinski. Voting Nay: Olstad, Grassel, and Riopelle.

15. Consider approving the following On-sale Weekday & On-Sale Sunday Liquor License Applicant Renewals:

a. Eagles Club 350 located at 227 10th St NW East Grand Forks, MN 56721 b. Sickies Garage located at 121 Demers Ave East Grand Forks, MN 56721 c. Valley Golf Association located at 2407 River Road NW East Grand Forks, MN 56721 d. Mike’s Pizza located at 411 2nd St NW East Grand Forks, MN 56721 e. Blue Moose Bar & Grill located at 507 2nd St NW East Grand Forks, MN 56721

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6 City Council Meeting May 15, 2018

A MOTION WAS MADE BY COUNCIL MEMBER DEMERS, SECONDED BY COUNCIL MEMBER RIOPELLE, TO APPROVE THE LISTED ON-SALE WEEKDAY & ON-SALE SUNDAY LIQUOR LICENSE APPLICANT RENEWALS.

Council member DeMers asked if all of these businesses were current with any bills with the City. Mr. Murphy stated that as far as the city knows none are delinquent.

Voting Aye: Tweten, Olstad, Grassel, DeMers, Vetter, Pokrzywinski, and Riopelle. Voting Nay: None.

16. Consider approving the Combination of On-sale Weekday & On-sale Sunday Sale and Off-sale Intoxicating Liquor License renewal for the VFW Post 3817 located at 312 Demers Ave East Grand Forks, MN 56721.

A MOTION WAS MADE BY COUNCIL MEMBER DEMERS, SECONDED BY COUNCIL MEMBER GRASSEL, TO APPROVE THE COMBINATION OF ON-SALE WEEKDAY & ON- SALE SUNDAY SALE AND OFF-SALE INTOXICATING LIQUOR LICENSE RENEWAL FOR THE VFW POST 3817 LOCATED AT 312 DEMERS AVE EAST GRAND FORKS, MN 56721.

Council member DeMers said he had the same question as before. Mr. Murphy stated they were current. Council member DeMers commented how there had been issues with compliance checks and asked where things were at with that. Chief Hedlund said he would have to check but no majors or suspensions right now. Ms. Nelson stated she did have a record of compliance checks if they wanted to view it.

Voting Aye: Tweten, Olstad, Grassel, DeMers, Vetter, Pokrzywinski, and Riopelle. Voting Nay: None.

17. Consider approving the following Off-sale Intoxicating Liquor License renewals for the following applicants:

a. Pop’s Liquor located at 122 4th St NE East Grand Forks, MN 56721 b. Hugo’s Wine & Spirits located at 310 14th St NE East Grand Forks, MN 56721

A MOTION WAS MADE BY COUNCIL MEMBER GRASSEL, SECONDED BY COUNCIL MEMBER DEMERS, TO APPROVE THE LISTED OFF-SALE INTOXICATING LIQUOR LICENSE APPLICANT RENEWALS.

Council member DeMers asked where things are at with these businesses. Mr. Murphy said they are current and the rest of the businesses listed are also current with the City.

Voting Aye: Tweten, Olstad, Grassel, DeMers, Vetter, Pokrzywinski, and Riopelle. Voting Nay: None.

18. Consider approving the On-sale Wine and On-sale Non-Intoxicating Liquor License Renewal for Tao Garden located at 302 Demers Ave East Grand Forks, MN 56721.

A MOTION WAS MADE BY COUNCIL MEMBER DEMERS, SECONDED BY COUNCIL MEMBER RIOPELLE, TO APPROVE THE ON-SALE WINE AND ON-SALE NON-

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INTOXICATING LIQUOR LICENSE RENEWAL FOR TAO GARDEN LOCATED AT 302 DEMERS AVE EAST GRAND FORKS, MN 56721.

Voting Aye: Tweten, Olstad, Grassel, DeMers, Vetter, Pokrzywinski, and Riopelle. Voting Nay: None.

19. Consider approving the Off-sale Non-Intoxicating Malt Liquor License Renewal for East Side Travel Plaza located at 607 Gateway Dr NE East Grand Forks, MN 56721.

A MOTION WAS MADE BY COUNCIL MEMBER VETTER, SECONDED BY COUNCIL MEMBER DEMERS, TO APPROVE THE OFF-SALE NON-INTOXICATING MALT LIQUOR LICENSE RENEWAL FOR EAST SIDE TRAVEL PLAZA LOCATED AT 607 GATEWAY DR NE EAST GRAND FORKS, MN 56721.

Voting Aye: Tweten, Olstad, Grassel, DeMers, Vetter, Pokrzywinski, and Riopelle. Voting Nay: None.

20. Consider approving the sale of parcels 83.04156.00, 83.04157.00, 83.04158.00, 83.04159.00, 83.04166.00, and 83.04167.00 based upon the agreed terms to Scheving Properties.

A MOTION WAS MADE BY COUNCIL MEMBER POKRZYWINSKI, SECONDED BY COUNCIL MEMBER RIOPELLE, TO APPROVE THE SALE OF PARCELS 83.04156.00, 83.04157.00, 83.04158.00, 83.04159.00, 83.04166.00, AND 83.04167.00 BASED UPON THE AGREED TERMS TO SCHEVING PROPERTIES.

Voting Aye: Tweten, Olstad, Grassel, Vetter, Pokrzywinski, and Riopelle. Voting Nay: DeMers.

CLAIMS:

21. Consider authorizing the City Administrator/Clerk-Treasurer to issue payment of recommended bills and payroll.

A MOTION WAS MADE BY COUNCIL MEMBER GRASSEL, SECONDED BY COUNCIL MEMBER DEMERS, TO AUTHORIZE THE CITY ADMINISTRATOR/CLERK-TREASURER TO ISSUE PAYMENT OF RECOMMENDED BILLS AND PAYROLL.

Voting Aye: Tweten, Olstad, Grassel, DeMers, Vetter, Pokrzywinski, and Riopelle. Voting Nay: None.

COUNCIL/STAFF REPORTS: Mayor Gander asked to speak with Ms. Nelson and Chief Hedlund after the meeting. He then stated Mr. Seth Baune nominated Mr. Travis Pawlowski for a grinder award because of what a great worker he is, how much he has helped with the systems at multiple city buildings, and what a great attitude he always has. He then explained that on Saturday, May 19th there will be Kids in the Park day at the Red River State Recreation area from 11-3. He reviewed all of the different activities that will be taking place during the event. He continued saying how each year there is an essay contest that every 4th grader in the area participates in and they write about their favorite older person. He said essays are chosen and they are

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8 City Council Meeting May 15, 2018 read by the students at an event he attended which also had been covered by Marilyn Hagerty of the Grand Forks Herald.

Council Member Tweten said he had attended the event put on by the local law enforcement and border patrol. He added he also attended the 8th Annual Police Memorial Ceremony where the Police Chief participated, the program was done well, and how they need to make sure the police department has what they need to do their job. He added how the city has good department heads who work well as a team. He stated how it is important to maintain the structures of the city, how we have partnerships like the one with the DNR, and how it is important to monitor what the legislators are doing because a storm shelter is needed at the campground.

Council Vice-President Grassel said some of the students from his school had attended the event Mayor Gander had mentioned. He added how an invitation had been extended to the seven winners to attend a meeting so they could read their essays to the Council. He commented that it was interesting to listen to the essays because of how some of the students described what made the older person their favorite older person.

Council President Olstad said he was able to also attend the police memorial service, it was the second time he had been in attendance, and attending this event makes a person realize how many police officers have died in the line of duty. He stated he appreciates more and more of what these people do, he hopes this service continues each year, and hopes there aren’t any more shootings. He added Chief Hedlund had done a very nice job and to pass a thank you on to all of the officers for what they do every day.

Mr. Murphy reminded the Council that he was going to be out of the office starting on Thursday for a week.

Mr. Galstad said he was going to follow up since there had been some questions on the Arty’s Auto property. He explained the dispute was settled at court and the renters had 10 days to remove what they own. He stated Mr. Judd Stauss had called and informed him they had wreckers coming in to remove all of the remaining vehicles to clean up the property after the 10 day period and so they are able to put down concrete so this property should be cleaned up soon.

Mr. Emery stated it was the beginning of construction season, work was going to be starting out in the Point of Woods 5th and 6th Additions, and the project should be completed in June. He continued saying the intersection of 20th Street NW and 3rd Ave NW still needed to be completed. He explained they will be starting that project on May 31st so the school buses are not detoured for the last two days of school.

Mayor Gander thanked the Public Works Department for the job they did during clean up week, how the sod is being laid back down in places, and it is good that clean up week is done to help keep the city clean.

Council President Olstad reminded everyone the Kennedy Bridge was going to be closed starting Wednesday morning until Friday or Saturday and traffic will be detoured to the other bridges.

Council member DeMers asked when the boat ramps will be cleaned and when the docks will be put in. Mr. Stordahl said the docks had been put in. Mr. Huttunen added they were going to be working with the DNR the following week to clean the boat ramps but the portable toilet and dumpster should be put in place.

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9 City Council Meeting May 15, 2018

ADJOURN:

A MOTION WAS MADE BY COUNCIL MEMBER DEMERS, SECONDED BY COUNCIL MEMBER POKRZYWINSKI, TO ADJOURN THE MAY 15, 2018 COUNCIL MEETING OF THE EAST GRAND FORKS, MINNESOTA CITY COUNCIL AT 5:29 P.M.

Voting Aye: Tweten, Olstad, Grassel, DeMers, Vetter, Pokrzywinski, and Riopelle. Voting Nay: None.

______David Murphy, City Administrator/Clerk-Treasurer

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10 2 UNAPPROVED MINUTES OF THE CITY COUNCIL SPECIAL SESSION CITY OF EAST GRAND FORKS TUESDAY, MAY 22, 2018 – 5:00 PM

CALL TO ORDER:

The Special Session of the East Grand Forks City Council for Tuesday, May 22, 2018 was called to order by Council President Olstad at 5:00 P.M.

CALL OF ROLL:

Nancy Ellis, City Planner; Steve Emery, City Engineer; Ron Galstad, City Attorney; Paul Gorte, Economic Development Director; Mike Hedlund, Police Chief; Charlotte Helgeson, Library Director; Reid Huttunen, Parks and Recreation Superintendent; Megan Nelson, City Clerk; Jeff Olson, Distribution Superintendent; Jason Stordahl, Public Works Director, and Luke Welle, City Intern.

DETERMINATION OF A QUORUM:

The Council President determined a quorum was present.

1. Consider approving the following On-sale Weekday & On-Sale Sunday Liquor License Applicant Renewals:

a. American Legion Post 157 located at 1009 Central Ave NW East Grand Forks, MN 56721 b. Little Bangkok located at 415 2nd St NW Suite 1 East Grand Forks, MN 56721 c. Casa Mexico Restaurant located at 112 14th St NE East Grand Forks, MN 56721 d. Boardwalk Bar & Grill located at 415 2nd St NW Suite 2 East Grand Forks, MN 56721

A MOTION WAS MADE BY COUNCIL MEMBER RIOPELLE, SECONDED BY COUNCIL MEMBER TWETEN, TO APPROVE THE LISTED ON-SALE WEEKDAY & ON-SALE SUNDAY LIQUOR LICENSE APPLICANT RENEWALS.

Council President Olstad said all of these businesses are current with the City.

Voting Aye: Olstad, Grassel, DeMers, Vetter, Riopelle, and Tweten. Voting Nay: None. Absent: Pokrzywinski.

ADJOURN:

A MOTION WAS MADE BY COUNCIL MEMBER TWETEN, SECONDED BY COUNCIL

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11 MEMBER GRASSEL, TO ADJOURN THE MAY 22, 2018 SPECIAL SESSION OF THE EAST GRAND FORKS, MINNESOTA CITY COUNCIL AT 5:01 P.M.

Voting Aye: Olstad, Grassel, DeMers, Vetter, Riopelle, and Tweten. Voting Nay: None. Absent: Pokrzywinski.

______David Murphy, City Administrator/Clerk-Treasurer

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12 3 UNAPPROVED MINUTES OF THE CITY COUNCIL WORK SESSION CITY OF EAST GRAND FORKS TUESDAY, MAY 22, 2018 – FOLLOWING THE SPECIAL SESSION

CALL TO ORDER:

The Work Session of the East Grand Forks City Council for Tuesday, May 22, 2018 was called to order by Council President Olstad at 5:01 PM.

CALL OF ROLL:

Nancy Ellis, City Planner; Steve Emery, City Engineer; Ron Galstad, City Attorney; Paul Gorte, Economic Development Director; Mike Hedlund, Police Chief; Charlotte Helgeson, Library Director; Reid Huttunen, Parks and Recreation Superintendent; Megan Nelson, City Clerk; Jeff Olson, Distribution Superintendent; Jason Stordahl, Public Works Director; and Luke Welle, City Intern.

DETERMINATION OF A QUORUM:

The Council President determined a quorum was present.

1. Presentation on Survey Results – Paul Gorte & AE2S

Mr. Gorte said the results were available from the survey which had already been shared with the EDA Board and Ms. Taylor Corbett from AE2S was going to give a brief presentation on the findings. Ms. Corbett told the Council to ask any questions they had while she was reviewing the information from the hand out. She explained it was decided to conduct a survey for this project to engage the community, they wanted an understanding on the quality of life issues, and to know what the residents are proud of in the community. She said they also wanted to have an understanding of what the housing needs were to help form the plan for the EDA. She continued saying there were around 200 responses, it was close to a 50/50 split of female and male respondents, and the main demographic responding was between the ages of 26 to 65 which was the target demographic.

Ms. Corbett informed the Council that a large majority of those responding to the survey grew up here, 50% were employed in Grand Forks, and 30% were employed in East Grand Forks. She said most were not looking at building a new home, around 78% had purchased their home, and a main reason why most lived in the community was because they either grew up here or they had family connections here. She added a positive note was how this was the most cost effective city to live in. She reviewed how if people are not staying in their current home it is because they grew out of it, are needing to downsize, and how more starter homes are needed. She commented those surveyed said more town homes are needed. She said some people really took their time when answering the open-ended questions based on the answers they gave. She stated how the greatest challenge for homeowners is affordability and that taxes are an issue when someone is moving here. Ms. Corbett continued saying the greatest asset is that this is a 1 | P a g e

13 family-friendly community with a small town feel. She added another big asset are the schools, when they rated amenities all options received a three or higher with medical receiving the lowest number. She went over the word clouds and explained how the more often a word was used the larger the word was and how only one person used the term good old boys club but it was repeated many times by the same person so it was based on that one person’s use of the phrase.

Ms. Corbett told the Council this information helps with the plan for the EDA because it helps them understand what is important to the homeowners, it was stated how Minnesota has the best regional incentive for veterans, most loved living in Minnesota, and had a strong desire to raise kids here. She stated how most people get information from social media, many were getting information from Facebook which is why a Facebook page had been started for the EDA, and the city website was ranked the lowest when trying to find information because it is hard to find. She added how the different age groups use different sources for finding information with the older demographic using the newspaper. She said this will help with branding and help develop an authentic message. Mr. Gorte said there were 201 responses, 200 were positive and only one that was negative. Council President Olstad thanked them for the information.

2. Discussion on Annual Report from Red River R/C Flyers – Tom Stennes

Mr. Stennes said part of the agreement required them to give an annual report. He stated they have done well in the current location, there is a good group of people using the area, and they are continuing to grow. He said based on the report that was just given they are hoping to add another reason for people to want to live in the community. He commented the little things can make a difference so they should continue to strive to do the little things well so people will want to continue to live here. He stated how this activity can have an economic impact, how there could be an opportunity to work with the base or drone companies, and that this industry is still growing.

Mr. Stennes told the Council they had found a site that would be viable for the group which can really range in ages because they recently had a training session with an 11 year old which was tied to a STEM project. He said they would like to move to this new space which would be adequate for them, it would allow for more development of the site itself, and how they would like to host a regional event. He commented they are co-hosting an event down by the Twin Cities and there are people coming in from five states and Canada to participate in the event. He added how a new field would allow for them to host events in this area and how at this time they haven’t asked for any money but are asking to see if the City does see a benefit if there is something that could be done in-kind. He stated they are looking for a commitment from the City for the use of the new location.

Council member DeMers asked if there were any required hours when having certain licenses. Discussion followed about how the license needs to be renewed every two years but currently there is no requirement for flight hours and how there this is expanding in the military, in the private sector, and even expanding use by fire departments using infrared to determine where hot spots are. More discussion followed about the possibility of a five year agreement with a five year renewal option because of the time and money that would need to be spent setting up the property. Mayor Gander asked if there was any need for this property by any of the departments. Chief Hedlund said training space was needed but the property would be big enough for both activities. Mr. Stennes stressed again how beneficial this space would be since it is wide open, there were no obstructions, and they are trying to work with the Park and Recreation Department. He stated how people will need to following the rules, they want people to fly legally, and this space is far enough away from the eagle nest so that shouldn’t be an issue.

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This item will be brought back to a future work session.

3. Discussion on Updated Paving Estimates – Megan Nelson

Ms. Nelson stated there was updated estimates for concrete and asphalt paving of the lot next to the VFW building. She said the information about crushed granite was not available but Mr. Emery was present and handing out an estimate on millings. Mr. Emery said the idea to consider bituminous millings is because it could create a durable surface that was more weather resistant. He reviewed the estimate for millings and said it may be hard to stripe so bumpers may need to be used. Ms. Ellis stated the City requires parking lots to be durable, dustless, striped, and have drainage. She said the City will need to meet these standards as well. Mr. Emery said the millings would have drainage and would be approximately four inches thick but it couldn’t be stripped. Council Vice-President Grassel asked what the difference is between now and changing the parking lot surface. Ms. Ellis said it was already existing and if changed it would need to meet current standards. Discussion followed about how millings would make for a smoother surface, the estimate for millings did include stripping, and parking spots would need to be identified.

Mayor Gander asked if there was any place in the city where millings have been used. Mr. Emery said they have been used as a base on projects. Discussion followed about what funds were available to use on a project like this and how staff would need to look to see what was available in TIF funds as well as CDBG funds. Council member DeMers asked for clarification on the different funds, what has been going in, what has been taken out, and how much was used for the development of the building across the street. Mr. Gorte said he knew that there were several hundred thousand available in TIF dollars because of a report that is filed each year but both funds are decertified and not receiving any more revenue. Ms. Ellis said it was much more defined on what TIF dollars can be used on, infrastructure is something they can be used on, and this would be a good opportunity to utilize those funds. Council member DeMers asked for the history of each fund. Mayor Gander commented on durability and how concrete would last over 25 years, asphalt may need some maintenance after about 10 years, and asked if anyone knew what kind of maintenance would need to be done with millings. Mr. Emery said there may be maintenance each year and added how there are no utilities directly under this parking lot.

This item will be brought back to a future work session.

4. Request to Plant Trees – Keith Mykleseth/Jeff Olson

Mr. Olson stated they have been looking into tree development to help with the spillway and reduce the amount of sediment that ends up in the ditch on the north side of town. He explained they were still working with Polk County on numbers but are asking for approval from the Council so they can continue moving forward with this project. He said it was a 75/25 in kind split and they would be in charge of maintenance after the trees had been planted. Council President Olstad asked if the trees were moved. Mr. Olson said they were moved from the south side of the ditch to the north side of the ditch to help reduce the sediment that would blow into the ditch. Council member Tweten commented how this project will help sell lots, help with the snow drifting, and improve aesthetics to the overall area. Discussion followed about how the neighboring property owner is on board with this project and this is evidence of a good partnership between the City and the Water and Light Department. Council member DeMers said he applauded the work that was being done, more trees are needed, and encouraged everyone to look for bigger projects. He commented how the City might be able to start a nursery once the ponds are

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15 decommissioned and that use of the area would be beneficial. Council member Riopelle said his neighborhood is excited about this project.

This item will be referred to a Council Meeting for action.

5. Use of BCEZ Tax Credits to Benefit Smaller Businesses – Paul Gorte

Mr. Gorte explained when smaller businesses in Grand Forks make improvements the city has a program where they are given a check. He said East Grand Forks does not have that program but there are tax credits. He stated by trying to stretch out tax credit dollars he worked with the EDA Board and a lawyer from Kennedy and Graven to develop a policy that would allow for a one-time tax credit for improvements to the business and how the policy has the criteria that needs to be met to receive this tax credit which could be offered to smaller businesses. There were no questions.

This item will be referred to a City Council Meeting for action.

ADJOURN:

A MOTION WAS MADE BY COUNCIL MEMBER RIOPELLE, SECONDED BY COUNCIL MEMBER GRASSEL, TO ADJOURN THE MAY 22, 2018 WORK SESSION OF THE EAST GRAND FORKS, MINNESOTA CITY COUNCIL AT 5:50 P.M.

Voting Aye: Olstad, Grassel, DeMers, Vetter, Riopelle, and Tweten. Voting Nay: None. Absent: Pokrzywinski.

______David Murphy, City Administrator/Clerk-Treasurer

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Minutes of the regular meeting of the Water, Light, Power and Building Commission of the City of East Grand Forks, Minnesota held May 3 2018 at 5:00 pm. Present: Grinde, Gregoire, Quirk, Tweten Absent: None

It was moved by Commissioner Tweten seconded by Commissioner Quirk that the minutes of the previous meeting of April 19, 2018 be approved as read. Voting Aye: Grinde, Gregoire, Quirk, Tweten Voting Nay: None

It was moved by Commissioner Quirk seconded by Commissioner Gregoire to authorize the Secretary to issue payment of the recommended bills and payroll in the amount of $270,175.98. Voting Aye: Grinde, Gregoire, Quirk, Tweten Voting Nay: None

It was moved by Commissioner Gregoire seconded by Commissioner Quirk to approve the Water Supply Plan Certificate of Adoption form. Voting Aye: Grinde, Gregoire, Quirk, Tweten Voting Nay: None

It was moved by Commissioner Tweten seconded by Commissioner Quirk to approve hiring an intern at the Water Plant for the Summer Internship Program at $17/hour. Voting Aye: Grinde, Gregoire, Quirk, Tweten Voting Nay: None

It was moved by Commissioner Gregoire seconded by Commissioner Quirk to accept the letter of resignation from Terry Vonasek, Water Plant Operator, effective 5-15-18. Voting Aye: Grinde, Gregoire, Quirk, Tweten Voting Nay: None

It was moved by Commissioner Quirk seconded by Commissioner Tweten to authorize the Civil Service secretary to advertise for the Water Plant Operators position and to begin the hiring process; set salary range at $21.39 to $26.17 depending on experience; with a tentative start date mid to late June. Voting Aye: Grinde, Gregoire, Quirk, Tweten Voting Nay: None

It was moved by Commissioner Gregoire seconded by Commissioner Quirk at 5:35 pm to adjourn to the next regular meeting on May 17, 2018 at 12:00 pm. Voting Aye: Grinde, Gregoire, Quirk, Tweten Voting Nay: None

Lori Maloney Secretary

21 AGENDA ITEM #______8

Request for Council Action

Date: 05/22/2018

To: East Grand Forks City Council Mayor Steve Gander, President Mark Olstad, Council Members: Clarence Vetter, Henry Tweten, Chad Grassel, Mike Pokrzywinski, Marc Demers and Tim Riopelle

Cc: File

From: Michael S. Hedlund – Chief of Police

RE: Police Officer Hiring Request – Request to Start a New Hiring Register

Background: The East Grand Forks Police Department is requesting permission to start a new hiring process. We will have one opening for the position of police officer effective May 30, 2018.

Recommendations: That the East Grand Forks City Council approve the start of a new hiring process/register.

Enclosures: None

22 AGENDA ITEM #______9

Request for Council Action

Date: 5-31-2018 To: East Grand Forks City Council Mayor Steve Gander, Council President Mark Olstad, Council Vice-President Chad Grassel, Council members Clarence Vetter, Mike Pokrzywinski, Tim Riopelle, Henry Tweten, and Marc DeMers.

Cc: File

From: Jason Stordahl-Public Works Director

RE: Mosquito Sprayer

As part of our Capital Improvement Plan, the City budgeted $15,000 in our Insect Fund for the purchase of a new mosquito sprayer. We received comparable estimates from the following two vendors.

London Foggers Model 18-20 Mosquito Sprayer, with GPS $12,410.00

Clarke Cougar Mosquito Sprayer, with Smart Flow GPS $11,115.00

Recommendation: Purchase from Clarke one new Cougar Mosquito Sprayer, with Smart Flow GPS for $11,115.00.

- 1 - 23 AGENDA ITEM #______10

Request for Council Action

Date: 05-16-2018

To: East Grand Forks City Council Mayor Steve Gander, Council President Mark Olstad, Council Vice-President Chad Grassel, Council members Clarence Vetter, Mike Pokrzywinski, Tim Riopelle, Henry Tweten, and Marc DeMers.

Cc: File

From: Keith Mykleseth, Water & Light Department General Manager

RE: Proposed MOU for 2019 North End Tree Planting Project

Background:

City staff have been exploring the possibility of planting trees along the drainage ditch between St. Andrews Drive and 23rd Street NW in the spring of 2019. City staff have held meetings with the West Polk Soil & Water Conservation District and the Board of Water & Soil Resources staff to explore the possibility of applying for a BWSR Competitive Clean Water Partnership Grant. The West Polk Soil & Water Conservation District has agreed to be the lead agency for submitting the grant application to BWSR. West Polk SWCD is requesting the city enter into a MOU with the West Polk SWCD to apply for the BWSR Grant. Draft MOU & Proposed Project Plan attached.

Request of Council:

City Council approval to enter into Memorandum of Understanding Agreement with the West Polk Soil and Water Conservation District for the purpose of applying for grant funds to complete the Proposed 2019 North End Tree Planting Project . Contingent on City Attorney review.

- 1 - 24 Memorandum of Agreement Between The City of East Grand Forks, MN and West Polk Soil and Water Conservation District, For the 2019 North End Tree Planting Project

This agreement is entered into this day of June 2018 between the City of East Grand Forks, MN, and West Polk Soil and Water Conservation, hereinafter called West Polk SWCD, for the 2019 North End Tree Planting Project. The purpose of the project is to implement policy conforming with the Minnesota Clean Water Act. Specifically, the parties are implementing the tree planting project to prevent surface water from becoming impaired by entering the storm water diversion ditch and to improve the quality of water of the Red River of the North. The tree planting project will reduce the sediment and phosphorous entering the storm water system and reduce the degradation of quality of water of the Red River of the North. The grant application is to request an $81,600.00 grant from the Clean Water fund to help pay for the project.

Therefore, The City of East Grand Forks, MN and West Polk SWCD agree as follows:

A. The East Grand Forks Water and Light Department agrees to:

1. To purchase and contract to plant the trees d for the project at an estimated cost of $81,600.00; 2. Provide construction staking for the project at an estimated cost of $3,000; and 3. Provide tree watering from the spring of 2019 till fall of 2019 at an estimated cost of $55,220.

B. West Polk SWCD agrees to:

1. Be lead agency responsible for submitting the Board of Water and Soil Resources Grant Application; and 2. If the grant is awarded, assist with grant application payment and administrative responsibilities.

This agreement may be amended by written mutual consensus of the City of East Grand Forks, MN and West Polk SWCD by resolutions of their respective boards.

This agreement shall become effective upon signature of all duly authorized signatures and shall remain in effect until terminated by agreement of the parties or thirty days after written notice of termination by either part to the other.

______Mayor Steve Gander, City of East Grand Forks Date

______David Murphy, East Grand Forks City Administrator Date

______Josh Grinde, Water & Light Commission Board Chair Date

______Keith Mykleseth, Water and Light General Manager Date

______West Polk Soil and Water Conservation District Board Chair Date

25 26 AGENDA ITEM #______11

Request for Council Action

Date: June 5, 2018

Cc: File

From: Paul Gorte, Economic Development Director

RE: Use of BCEZ Tax Credits to Benefit Smaller Businesses

In February, the EDA discussed the possible use of Border Cities Enterprise Zone tax credits to benefit smaller businesses. The EDA recommended approval of such a program, provided it conforms to State requirements and City policies. The Director has been working with Kennedy Graven to develop the policy, which is before you for discussion. In short, the City would use up to $5000 in tax credits to provide a one-time benefit top smaller businesses investing at least $30,000 in property improvements or $25,000 in improvements plus adding not less than one FTE job. A business would be eligible for the use of this credit once in any five-year period. This program offsets some of the smaller programs available in Grand Forks and thanks local businesses for their loyalty.

Recommendation: That the City Council approve the use of BCEZ tax credits to benefit smaller businesses.

- 1 - 27 Border City Tax Credit Policy

City of East Grand Forks, Minnesota

28 Policy Goals

The City of East Grand Forks (the “City”) has established this Border City Tax Credit Policy (the “Policy”) to help promote Minnesota investment and economic development, increase the local tax base, and promote job retention and creation in the City. Funding for the program will be provided through the City’s Border City Development Zone established under Minn. Stat. Sections 469.166 through 469.1735, as amended (the “Act”).

Assistance Provided

A new business in the City or an expanding business in the City may receive a one-year tax reduction or tax credit in an amount not to exceed $5,000.

The assistance shall be provided in one of the following forms:

A. For newly constructed facilities, a partial property tax reduction for property taxes based on the portion of the property taxes created by a new business in the City;

B. For expanded business, a partial property tax reduction for additional property taxes created by an expansion to an existing business in the City; or

C. A sales tax exemption for sales tax on new machinery and equipment to be used at the newly constructed or expanded facility to be located within the City.

The assistance is available only once in any five-year period.

The assistance to be provided by this program, if any, is limited by the amount of credits remaining in the City’s existing Border City Enterprise Zone allocation from the State. Funds for this program are limited and will be awarded to qualifying applicants on a first-come, first-served basis.

Qualifying Businesses/Criteria for Assistance

To receive assistance under this policy, an applicant must be a new business in the City or a business expanding within the City.

A qualifying business must either (i) make a minimum $30,000 investment towards physical improvements to its property in the City; or (ii) make a minimum $25,000 investment towards physical improvements to its property in the City and create one new full-time equivalent job in the City at a wage equal to $11.00 per hour,, cash wages, or $12.85 per hours, total compensation, including benefits..

Prior to consideration of this application by the City, a business must request and receive a tax clearance letter from the Minnesota Department of Revenue. The tax clearance letter received from the Minnesota Department of Revenue must affirmatively establish that, as of the date of the application, the business owner does not owe delinquent income or sales tax pursuant to Minnesota

523855v2 GAF EA175-15 29 Statutes, Chapters 290, 296A, 297A, 297B, 197For 297G. In addition, qualifying businesses may not owe property taxes to the City or to Polk County.

Required Findings

The business must declare that it could have invested the money outside the state of Minnesota, but chose to invest in the City.

Granting of the tax credit is subject to approval by the City Council after a finding that the granting of the tax reduction or offset is necessary to retain a business within the City or attract a business to the City.

Tax reductions must be approved by the Commissioner of the Department of Employment and Economic Development.

Process

The business must submit an application to the City. The application shall become the property of the City and is subject to Minnesota Statutes, Chapter 13 (the Government Data Practices Statute). Upon submittal of an application to the City, the applicant shall pay the City an application fee of $100.00.

The business must meet all qualifications set forth in Minnesota Statutes, Sections 469.1731 through 469.1735, as amended.

In accordance with Minnesota Statutes, Section 469.1734, subdivision 7, as amended, before any assistance is provided pursuant to this policy, notice must be provided to competitors of the applicant. To meet this requirement, two notices regarding the assistance must be published in the official newspaper of the City at least one week apart not less than 15 days nor more than 30 days prior to the date the City Council will consider approving the assistance.

The assistance must be approved by the Minnesota Department of Employment and Economic Development and the City Council.

Business relocating to the City from within Polk County are subject to the requirements of Minnesota Statutes, Section 469.1733, subdivision 2, as amended. Business relocating to the City from a location within Minnesota but outside of Polk County are subject to the requirements of Minnesota Statutes, Section 469.1733, subdivision 3, as amended.

If obtaining a sales tax exemption under Minnesota Statutes, Section 469.1734, subdivision 5, the business must apply to the City for a tax credit certificate in accordance with Minnesota Statutes, Section 469.1735, subdivision 1.

The City reserves the right to approve or reject projects on a case-by-case basis, taking into consideration established policies. Meeting policy criteria does not guarantee the award of

523855v2 GAF EA175-15 30 business assistance to the project. Approval or denial of one project is not intended to set precedent for approval or denial of another project.

The City can deviate from this policy for projects that supersede the objectives identified herein.

Repayment

A business receiving the tax credit must maintain its operations in the City for 5 years. If the business leaves the City before the expiration of the 5 year period, it must repay the full amount of assistance provided pursuant to this policy.

This policy supplements the City’s prior Enterprise Zone Credit Criteria policy, which currently remains in full force and effect.

523855v2 GAF EA175-15 31 12

32 AGENDA ITEM #______13

Request for Council Action

Date: 6/1/18

Cc: File

From: Admin Office

RE: Kennedy Bridge Trail Connection

The City is responsible for the connection from the Kennedy Bridge to the trail system. The project had been estimated to cost $33,000 which was included in the 2018 Budget. MNDOT is bringing forward an agreement for the work to be done and for the City to reimburse the State for the costs of the connection. The agreement shows the current estimated costs for this connection is $23,360.55.

Included in the packet is the agreement and the resolution authorizing the execution of the agreement.

- 1 - 33 RESOLUTION NO. 18 – 06 - 32

Council Member ______, supported by Council Member ______, introduced the following resolution and moved its adoption:

IT IS RESOLVED that the City of East Grand Forks enter into MNDOT Agreement No. 1031111 with the State of Minnesota, Department of Transportation for the following purposes:

To provide for payment by the City to the State of the City’s share of the costs of the multi-use trail construction and associated construction to be performed upon, along and adjacent to the Kennedy Bridge which is adjacent to Trunk Highway No. 2 within the corporate City limits under State Project No. 6018- 02 (T.H.2=307).

IT IS FURTHER RESOLVED that the Mayor and the City Administrator are authorized to execute the Agreement and any amendments to the Agreement.

Voting Aye: Voting Nay:

The President declared the resolution passed.

Passed: June 5, 2018 Attest:

______City Administrator/Clerk-Treasurer President of Council

I hereby approve the foregoing resolution this 5th of June, 2018.

______Mayor CERTIFICATION

I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of East Grand Forks at an authorized meeting held on the 5th day of June, 2018, as shown by the minutes of the meeting in my possession.

______Signature

______Print Name

______Title

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